ambient people Candidate Terms and Conditions of Representation
Conditions for Contractor Candidates
By engaging with Ambient People Limited (‘Ambient People’) for the purposes of finding, securing and conducting temporary, interim or contract work, you agree that the following terms and conditions apply.
Once engaged in such work through Ambient People, the conditions of the contract issued for such work will prevail in the event of any conflict with these terms. For the purposes of this agreement, anyone looking to engage or engaging in such work is referred to as The Contractor.
Ambient People is acting in the capacity of an employment business in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003. Contractors are engaged under a contract for services and not a contract of employment. Neither these terms nor contracts for services constitute any kind of employment contract between Ambient People and a Contractor.
Ambient People represents Contractors to provide services either through limited companies or through umbrella companies. We ask all Contractor will be required to cooperation with Ambient People - and any clients with whom they are placed - to confirm that they are compliant with relevant taxation and national insurance legislation.
Ambient People may offer Contractors suitable assignment work with a client requiring such a worker where such work is available; Ambient People do not guarantee such work under any circumstances. As such, Ambient People shall be under no obligation to provide work for the Contractor and this agreement creates no obligation on Ambient people to provide the Contractor with a specified number of hours work in any day or any week.
Accordingly, the Contractor shall not be obliged to accept any assignment offered by Ambient people. The Contractor acknowledges that the nature of temporary work means that there may be periods when no suitable work is available. The Contractor agrees that suitability of an assignment shall be determined solely by Ambient People and that Ambient People shall incur no liability to the Contractor should it fail to offer assignments of the type of work required by the Contractor or any other work.
In the event that Ambient People identifies potential assignment work for a Contractor, it will contact the Contractor to discuss the potential assignment and outline the details of the assignment. Ambient People will endeavour wherever possible to outline as much information as possible, but those details may not be exhaustive and Ambient People are not liable for the omission of any specific information regarding an assignment.
It is important that the Contractor agrees to notify Ambient People immediately if they have already been contacted about the role through a different agency. In the event that the Contractor has not already discussed the role with another agency, the Contractor automatically agrees that they will not apply for the assignment directly or through another agency without the prior consent of Ambient People.
Before the start of any assignment, the Contractor agrees to provide such documentation as is reasonably requested by Ambient People. This includes but is not limited to:
· satisfactory evidence of the identity and address of the Contractor and eligibility to work in the United Kingdom;
· up to date copies of any relevant qualifications, professional memberships or authorisations (and the Contractor authorises Ambient People to undertake any verification required of membership status of any professional bodies);
· the details of relevant individuals names of referees whom Ambient People may approach for work references. The amount of references required may be determined by the agreement in place between Ambient People and the end Client. The Contractor agrees that any references obtained may be forwarded to any client to whom Ambient People introduces the Contractor, and that any such client may also approach the referees directly, unless the Contractor specifically requests otherwise.
The Contractor understands that her/his/their personal data will be processed by the Ambient People and its clients in the course of the employment search; and by registering with Ambient People, the Contractor expressly acknowledges that she/he/they has read the Candidate Privacy Policy and consents to such processing on the understanding that any personal data is processed fairly and lawfully in accordance with current Data Protection Legislation.
The Contractor consents to the disclosure to a client of all relevant information which is reasonably required to progress any application for any assignment for which the Contractor has agreed to apply and agreed to allow Ambient People to contact the Contractor with details of other services or offers that Ambient People may provide.
Accepting An Assignment
If the Contractor does accept an Assignment, the Contractor shall:
· co-operate with the client’s reasonable instructions and accept the direction, supervision and control of any responsible person in the client’s organisation where relevant;
· observe any relevant rules and regulations of the client’s organisation (including normal hours of work) of which the Contractor has been informed or of which the Contractor should be reasonably aware;
· co-operate with Ambient People in the completion and renewal of all mandatory checks, including in relation to the Contractor’s right to work in the United Kingdom
In the event that a Contractor starts any assignment in advance of providing any documentation reasonably requested by Ambient People, Ambient People reserves the right to withhold access to a timesheet system - or payment - until such point as all such documentation has been provided to and approved.
The Contractor acknowledges that failure to provide these documents promptly may result in delays in payment for work carried out on any such assignment.
The Contractor is obliged to notify Ambient People of any event or undertaking which may, or may be reasonably considered to, impact the Contractors ability to deliver work/services to the Client as soon as reasonably practicable.
Concurrent Work or Assignments
Contractors accepting assignments through Ambient People agree that they will notify Ambient People of any work or undertaking concurrent with the accepted assignment.
If Ambient People deem such an undertaking to impact or potentially impact the Contractor’s ability to deliver the assignment; or could be considered by the Client to impact the assignment, The Contractor agrees that Ambient People reserve the right to share such information with the Client.*
*Ambient People understand and accept that some professional contractors run concurrent assignments, and will not contractually prevent Contractors from doing so. However, Clients may deem concurrent contracts to impact either the deliverables of a contract or the time dedicated to a contract. We actively encourage Contractors to share the existence of such contracts with Clients in the spirit of openness, and we reserve the right to inform Clients of them if we deem it necessary to protect the reputation of both Ambient People and the Contractor.
The Contractor also agrees to immediately inform Ambient People of any event which might affect the Contractor’s ability to complete the agreed assignment, including the securing of permanent work or concurrent contracts.
The Contractor shall immediately inform Ambient People and the client should there be any reason under which it would be detrimental to the interests of Ambient People, the Client or the Contractor for any assignment to continue.
Conduct Under Contract
The Contractor should not engage in any conduct which is detrimental to the interests of Ambient People, which could negatively affect Ambient People’s relationship with any current or potential clients or which is likely to bring Ambient People into disrepute.
All intellectual property conceived or made by the Contractor (either alone or with others) in the course of any assignment shall belong to the client and the Contractor agrees all such intellectual property shall belong to the client. If requested, the Contractor shall execute any documentation which the client shall deem necessary to give effect to this provision.
If the Contractor has any complaint in connection with the provision of work-seeking services, temporary work, or the conduct of the Client or an employee of the Client, the Contractor shall, in the first instance, present a complaint in writing to a Director of the Ambient People. Such complaints will be managed in accordance with the Ambient People Complaints Policy. Ambient People request that complaints are presented in a reasonable fashion and will not tolerate any form of abuse or bullying of our staff, partners or Clients.
Conditions for Permanent Candidates
All business undertaken by Ambient People in respect of the Candidates for permanent employment with clients of Ambient People is subject to the terms and conditions below, unless alternative terms and conditions are agreed between Ambient People and the Candidate in writing.
These terms and conditions shall be deemed effective upon a Candidate signing the declaration contained within the registration with Ambient People, and Ambient People will search for suitable employment opportunities on behalf of the Candidate.
Ambient People is acting in the capacity of an employment agency in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003.
Before this employment search begins, the Candidate is required to provide satisfactory evidence of their identity which shall include, but not be limited to, a certified copy of the Candidate’s passport or birth certificate, as well as a resume or other such comprehensive work history.
The Candidate agrees to provide such documentation as is reasonably requested by Ambient People and as requested by a client. This includes but is not limited to:
· satisfactory evidence of the identity and address of the Candidate and eligibility to work in the United Kingdom;
· up to date copies of any relevant qualifications, professional memberships or authorisations (and the Candidate authorises Ambient people to undertake any verification required of membership status of any professional bodies);
· the names of two referees (who are not related to the Candidate) who the Candidate agrees that Ambient People can approach at any time to provide a reference for the Candidate. The Candidate agrees that any references obtained may be forwarded to any client to whom Ambient people introduces the Candidate, and that any such client may also approach the referees directly, unless the Candidate specifically requests otherwise.
The Candidate understands that her/his/their personal data will be processed by the Ambient People and its clients in the course of the employment search; and by registering with Ambient People, the Candidate expressly acknowledges that she/he/they has read the Candidate Privacy Policy and consents to such processing on the understanding that any personal data is processed fairly and lawfully in accordance with current Data Protection Legislation.
The Candidate consents to the disclosure to a client of all relevant information (which is reasonably required to progress any application) including, but not only limited to, copies of qualifications, authorisations and/or references by Ambient People to the client and to the use by Ambient People of its personal information to contact the Candidate with details of other services or offers that Ambient People may provide.
The Candidate shall immediately inform Ambient People should there be any reason under which it would be detrimental to the interests of Ambient People, the Client or the Candidate for the Candidate to take up a particular position with a client.
Ambient People is under no obligation to find employment for the Candidate.
If, following an introduction from Ambient People, the Candidate receives an offer of employment or engagement to work for or with a client introduced by Ambient People, the Candidate shall inform
Ambient People immediately and provide full details of the offer; and will provide Ambient People with formal details of such offer at Ambient People’s request.
Ambient People is not and should not be regarded as the agent of the Client. Accordingly, Ambient People does not accept any responsibility and shall not be liable for any loss suffered by the Candidate by reason of:
· the Candidate’s decision to resign from her/his/their current employment or engagement before or after receipt of the client’s written offer; and/or
· the withdrawal by the client of the offer.
The Candidate should not engage in any conduct which is detrimental to the interests of Ambient People, which could negatively affect Ambient People’s relationship with any current or potential clients or which is likely to bring Ambient People into disrepute.
If the Candidate has a complaint in connection with the services of Ambient People, the Candidate shall, in the first instance, present a complaint directly to a Director of Ambient People and follow up in writing outlining the details of the complaint.