Contract for Services

Contract for Services

Please complete the Contract for Services form

THIS CONTRACT FOR SERVICES is made on 04/10/2022

Between:

JSA Services Limited t/a Workwell (company registration number 2407547) whose registered office is at Radius House, 51 Clarendon Road, Watford, Hertfordshire WD17 1HP (“Workwell”); and

Name(Required)
Address(Required)
("the Subcontractor")
BACKGROUND
  1. Workwell is a provider of various business and ancillary services to various clients (“Clients”). Workwell is engaged by Clients to provide the services of its employees and Subcontractors on various specific and distinct contracts (“Engagements”).
  2. The Subcontractor has skills and abilities which may from time to time be available to Workwell (“the Services”).
  3. Workwell and the Subcontractor agree that if the Subcontractor offers to make their services available to Workwell and is engaged by Workwell, the terms and conditions in this Contract for Services shall apply.
  4. If and when the Subcontractor provides the Services to Workwell on an Engagement, such provision of Services shall constitute a separate and distinctive engagement under this Contract for Services.
OPERATIVE PROVISIONS
  1. Workwell is not obliged to offer work on any Engagement to the Subcontractor, neither is the Subcontractor obliged to accept any work offered. The Subcontractor is not obliged to make his Services available at any time.  Specifically both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
  2. This contract for services supersedes any other contract for the performance of the Services between the parties or between the Subcontractor and any other party.
  3. The Subcontractor warrants that he is competent and medically fit to perform the Services.
  4. The Subcontractor is free to provide any services to any other party at the same time as being engaged by Workwell and Workwell acknowledges that it will not have first call on the services of the Subcontractor in priority to any third party.
  5. The Subcontractor accepts that he is responsible for the Services, and responsible for covering their own risk with a suitable policy of insurance. Where requested by Workwell or by Workwell's client the Subcontractor will provide evidence of such insurance.
      FEE FOR THE SERVICES
  1. Formal written tenders will not be required. The parties agree that the fee for the Services (which may be agreed as a fixed price, day rate or hourly rate) and the method of payment will be negotiated and agreed between them from time to time and this shall include verbal agreements of the rate of payment for the Services.
  2. Unless registered for VAT, the Subcontractor is not obliged to raise an invoice for the Services. Workwell operates a self-billing system and will provide the Subcontractor with a periodic remittance advice, including by electronic means where agreed between the parties.  If the Subcontractor is or will be registered for VAT, refer to clause 17 - 18.
  3. Where the Services fall within the scope of the Construction Industry Scheme as from time to time defined by HM Revenue & Customs, the Subcontractor will provide to Workwell at the earliest opportunity sufficient information to enable Workwell to verify the Subcontractor’s payment status with HM Revenue & Customs (or the relevant Government Authority if outside the UK). The responsibility for the accuracy of this information rests with the Subcontractor, and the Subcontractor will not be entitled to receive any payment under this contract until this information has been provided to Workwell.  Where the Subcontractor is engaged in construction Workwell will make payments to the Subcontractor strictly under the rules of the Construction Industry Tax Scheme and the rate of deduction will be as directed by HM Revenue and Customs.
  4. Any defective work Workwell reasonably determines has been caused by the Subcontractor, or by any substitute or hired assistant working for the Subcontractor, will be corrected by the Subcontractor at their own cost or in their own time.
  5. The Subcontractor is responsible for all his travelling expenses to and from any location where he has been engaged to provide the Services.
  6. The Subcontractor is engaged on an independent self-employed and professional basis and is not entitled to holiday pay, sick pay or any other payment for periods when the Services are not provided to Workwell in any circumstances.
  7. The Subcontractor is responsible for his own tax and National Insurance. The Subcontractor warrants that he is genuinely self-employed, that he is registered with HM Revenue & Customs (or the relevant Government Authority if outside the UK) as such, and that he engages the services of a properly qualified accountant who is a member of a professional regulatory body (e.g. the ICAEW or the ACCA).
  8. The Subcontractor is not entitled to participate in any grievance and disciplinary procedure.
  9. The Subcontractor will not be entitled to receive payment for Services cancelled by Workwell or by Workwell's Client for any reason.
  10. The Subcontractor will not during the currency of this contract approach Workwell's client or any customer of Workwell's client with a view to providing the Services otherwise than under this agreement.
  11. Unless otherwise specified, 30 day payment terms apply to any fees for services performed by the Subcontractor.
  VAT – Self Bill Agreement In the event the Subcontractor is, or will become VAT registered;
  1. Workwell agrees;
    1. to issue self-billed invoices for all services made to them by the above named Subcontractor during the period of this contract. Any self-billed invoices raised  will include the Subcontractor’s name, address and VAT registration number together with any and all details that form a full VAT invoice.
    2. to inform the Subcontractor in the event that the self-billed invoices will be outsourced to a third party.
  2. The Subcontractor agrees;
    1. to accept invoices raised by Workwell and not to raise sales invoices for the transactions covered by this agreement.
    2. to notify Workwell immediately if you change your VAT registration number, stop being VAT registered or sell your business (or part of your business)
HEALTH AND SAFETY
  1. In the interests of all parties’ health and safety obligations, the Subcontractor agrees to observe all reasonable operational rules relating to working hours, site security and safety.
  2. The parties acknowledge that it may be necessary for health and safety or security reasons for the Subcontractor to be identifiable whether evidenced by security passes or on parts of clothing. However, the Subcontractor will not represent himself as a servant or employee of Workwell or of Workwell's Client at any time, but as an independent Subcontractor in business on his own account engaged by Workwell for the specific purpose of providing the Services.
PERFORMANCE OF THE SERVICES
  1. The Subcontractor will determine the manner in which the Services are performed, and will act in a professional manner at all times while carrying out the Services for Workwell. The Subcontractor is acting in an unsupervised capacity and thus proper performance of the Services is the responsibility of the Subcontractor.
  2. Unless specifically agreed in advance, the Subcontractor is responsible for providing any equipment and materials necessary for the proper and safe performance of the Services, e.g. appropriate attire, high-visibility clothing, protective boots, any additional PPE, maps and pens.
  3. If the Services include driving services the Subcontractor is responsible for having the appropriate personal facilities to be prepared for a ‘night out’ (i.e. an overnight stop whilst providing the Services), whether or not this is scheduled or unexpected.
  4. This Subcontractor is entitled to use a suitably qualified substitute to perform the Services at the Subcontractor’s discretion, if the Subcontractor is unable or unwilling to perform the Services personally.
  5. The Subcontractor is entitled to use suitably qualified hired assistance to perform the Services at the Subcontractor’s discretion.
  6. Where a substitute or hired assistant is used by the Subcontractor there shall be no contractual or financial relationship between Workwell and the substitute or hired assistant. The Subcontractor is solely responsible for arranging payments to the substitute or hired assistant.  The Subcontractor warrants that the substitute or hired assistant satisfies the warranties contained in clauses 3, 4, 5 and 6 of this contract for services.
TERMINATION OF THIS AGREEMENT
  1. This Agreement can be terminated by either party for any reason. No notice is required by either party.
  2. Subject to clause 30, this contract for services will terminate following the period of one year from the date stated at the beginning of this contract.
MISCELLANEOUS
  1. The Subcontractor confirms that he has read and understood the terms and conditions herein and has had the opportunity to discuss this agreement with any person or professional adviser he considers necessary before signing.
  2. Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them. The Subcontractor shall signify his agreement to this contract by signing where indicated below.  Where the Subcontractor starts providing services to Workwell under this agreement this shall be deemed to be acceptance of these terms.
  3. Both parties agree that, with the exception of verbal agreements referred to in clause 6, these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
  4. Should Workwell fail to enforce or apply any of the rights that it has under this contract for services, it shall not be construed that Workwell approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this contract for services in full at any time now or in the future.
  5. The Headings used in this contract for services are for reference only and are not intended to be interpreted as part of the terms agreed between the parties. References to the masculine include the feminine.
  6. This contract is governed by the laws of England and Wales.
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