Supplier & Sub Contractor terms and Conditions

Definitions

‘Company’ means Envisage Promotions Ltd.

‘Services’ means the services you are providing as a sub-contractor.

‘Client’ means the person, firm or company requesting the services.

‘Supplier’ means you, the person carrying out, performing the services or providing personnel to carry out the services.

‘Operatives’ the suppliers’ personnel they supply to carry out services

‘Booking’ means confirmation by the company of the services you are providing.

‘Fee’ means the fees set out in the booking.

 

Background

Envisage Promotions Ltd suppliers, agents and other third parties involved in the provision of goods and services are important to us. Our suppliers, agents and third parties (“you”) allow us to serve our customers with successful events. It is imperative that we and you do business responsibly, ethically and lawfully.

This Code of Conduct sets out the minimum standards we expect of you. To do business with us, you must comply with this Code of Conduct. We also expect you to adhere to all laws, rules and regulations applicable to the countries in which you operate and if those laws, regulations or rules impose stricter requirements than this Code, you must comply to the higher standard.

It is your responsibility to ensure that any subcontractors or suppliers that you rely upon to deliver services to us comply with the terms of this Code.

This Code is binding on all arrangements between you and Envisage Promotions Ltd, whether or not the Code is expressly referred to in any agreements between us.

Human rights and employment

You must comply with all applicable human rights and employment laws in the jurisdictions in which you work. You must also comply with the provisions of the UK’s Modern Slavery Act 2015.

You must not use any forced, involuntary or debt bonded labour in any form, including slavery, or traffic any persons. You also must not use any workers under the age of 16 or, where it is higher, the mandatory school leaving age in the local country. Workers, without exception, have the right to associate freely, join or not join labour unions, seek representation and join workers’ councils as well as the right of collective bargaining. There must be equality of opportunity and treatment regardless of physical attributes or condition (including pregnancy), gender, religion (or absence of such beliefs), political opinion, nationality, sexual orientation, age or ethnic background. Equal pay for work of equal value must be supported. Discrimination or intimidation towards and between employees is opposed, including all forms of and all threats of physical and psychological abuse.

Bribery and corruption

Bribery or corruption in any form is not acceptable and will not be tolerated. You must adhere to anti-corruption laws in the jurisdictions in which you work. You must also comply with the UK’s Bribery Act 2010.

You must not deal with any person who is on a sanctions list or is an SDN under any applicable international sanctions regime, including the US, EU, UN and UK.

By accepting a booking, you, the supplier agree to be bound by the following terms and conditions:-

1. Insurance

1.1 The supplier must hold have sufficient insurance to cover your potential liabilities.

1.2 The company will require a copy of this insurance.

2. Conditions Applicable

2.1 These terms constitute an agreement between the supplier and the company and they govern all bookings undertaken by you.

2.2 The services will concern the provision of security staff, marshals, stewards or personnel for other event related activities.

2.3 The services will be deemed to have been accepted by you each time you accept a booking with the company. However, no agreement shall exist between the company and you between bookings.

2.4 For avoidance of doubt, nothing in these terms shall render you an employee, agent or partner of the company or the client.

2.5 The booking is not continuous with any previous period of work or booking with any other client.

2.6 You are engaged as a sub-contractor.

2.7 No variation or alteration of these terms shall be valid during the performance of any assignment unless approved by both parties in writing. We reserve the right to vary the terms of any assignment without liability, by prior notice in writing at any time prior to any assignment.

3. Fees

3.1 The company will set your fee, which will be inclusive of travel and all expenses.

3.2 Once you have agreed the booking fee you will not attempt to renegotiate this. This

includes things such as expenses, increased rates of pay, etc. Should you do this then the company has the right to cancel your booking. In addition after the assignment you may not negotiate additional fees. Expenses must be agreed in writing by the company.

3.3 Any uplift in costs (e.g. due to travel) MUST be agreed in advance.

3.4 The company can alter the set fee at any time.

3.5 You agree to work for the set fees.

3.6 You will be informed of my set fees by the company when a booking is accepted.

3.7 You or your operatives will not discuss fees with clients or colleagues.

3.8 If, following a booking, you are paid in cash, the full amount due from the client. You acknowledge that this sum includes not only your fee but also the company’s fee and commission and undertake to reimburse the company accordingly.

3.9 You acknowledge that your payment terms from your clients are 30 days. Payment will be made to you within 30 days of receiving your invoice. The company must receive my invoice within 60 days of the event, invoices received after this may not be accepted.

3.10 You expressly agree that the company shall not be liable to pay you should any engagement prove unsatisfactory in any respect.

3.11 You agree that, should your operatives fail to attend a booking and the company has to replace that person themselves any additional costs incurred by the company, to replace your staff may be passed onto you as the supplier.

3.12 You acknowledge that your operatives are not to use my phone, tablet or other electronic devices whilst working for the company unless the client or the company request to do so.

Should the company receive a complaint regarding unauthorised electronic device use then we reserve to right to fine that operative £25 and this will be deducted from your fee.

3.13 You acknowledge that if I you or your operatives are late for a booking they will be deducted an hourly rate.

Should you or your operatives arrive more than two hours late then your fee may be forfeited. A condition of your booking, which you fully understand, is that the Company expects the supplier and their operatives to arrive at least 15 minutes before the official start time.

3.14 You acknowledge that if you fail to complete a booking that the company are under no

obligation to pay you any fee in lieu of services.

3.15 You acknowledge that if you or your operatives fall ill during a booking or unable to complete the duties to the client’s reasonable satisfaction then no fee’s will be due to you.

3.16 You acknowledge if you fail to carry out the duties as detailed in the booking confirmation to the clients reasonable satisfaction then no fee will be due.

3.17 If you or your operatives work past the booked finish time you may not claim overtime or additional payment without written consent from the company.

3.18 If you or your operatives are late, the company has the right to reduce pay to reflect the time worked.

3.19 If you or your operatives arrive on site wearing different clothing (without checking with the Company before your arrival) to that which has been specified in the booking confirmation, then a £25 deduction of my fee may be applied.

3.20 If the client sends you or your operatives home due to poor performance, behaviour or not carrying out the duties I have been booked for, then an investigation will be opened. The Company will then liaise with the supplier and the client then the Company will make the final decision with regards to my fee. By accepting these terms you agree to be bound by the Companies final decision. If the Company finds the supplier is at fault then they will not receive any fee for that booking. Please note that the Company will look at both sides equally and will not favour any party.

Invoices

3.21 At the end of the event I understand I must email my invoice to accounts@envisagepromotions.co.uk otherwise this will delay my payment.

3.22 Invoices should be addressed to Envisage Promotions Ltd, quoting the relevant contract number that is noted on your booking.

3.23 If you do not have a UK bank account then payment to me may be made by cheque or PayPal instead if a BACS payment isn’t possible. Any additional bank charges will be deducted from your fee.

3.24 Payment runs are only done once a week.

3.25 If you add additional expenses that have not been pre-approved in writing your invoice will not be accepted.

4. Images/Recordings/Video

4.1 The company may use any of the images or videos I have supplied on their website or for any marketing purposes. The supplier may not use images and videos for their own website for marketing unless you have written consent from the company.

4.2 You will not tag or upload photographs or videos onto Facebook or similar websites without express permission from the company.

4.3 The company can use any photographs or videos that are taken of the supplier or their operatives whilst carrying out services, providing they are only used in a positive manner and that will not cause any harm.

4.4 Photographs or videos taken whilst wearing the company clothing are the property of the company and I will not use these without express permission from the company.

4.5 The company or the client is hereby granted the exclusive right to use and distribute and allow or license others to make use of and distribute my name, portrait, film, pictures and video in connection with the advertising and/or publicity of me in the fields and in connection with the matters covered by this agreement.

4.6 Photographs, films and videos taken whilst I am carrying out the services I have been booked for are the property of the client &/or the company. By accepting a booking for services you accept this.

4.7 You may not send or authorise use of any images or video taken whilst working for the company to other similar agencies.

5. General

5.1 Once an offer has been accepted in respect of your services, you shall faithfully carry out all obligations agreed at point of booking.

5.2 In event of your failure to carry out a booking according to the professional standards you agree to abide by such terms as may be re-negotiated between the company and the client.

5.3 The supplier or their operatives must not take home clients clothing or equipment. Should this happen then you must return items to the client at your own cost. No payment will be made until items are returned.

5.4 You agree that you and your operatives are responsible for my own valuables whilst carrying out services.

5.5 You and your operatives will not approach the company’s clients or potential clients to work for directly. Likewise, I will report to the company director any client who approaches me directly to work outside of the company.

5.6 As a self-employed contractor if you take a break which is longer than the time agreed by the client then this will be deducted, you are only paid for the time you work.

5.7 I accept that should you or your operatives participate in any illegal activity or act in an unprofessional manner during the period of the assignment and these actions prejudice the relationship between the company and the client, resulting in them cancelling any future assignments or refusing to pay your fee will not be paid but forfeited to offset the losses incurred to Envisage Promotions or any of its affiliates.

5.8 You confirm that you and your operatives are legally entitled to work in the UK. Also hold the correct visa’s to work in the UK. Also that you can provide documentation if required.

5.9 You are confirming that you have read, understood and will abide by the Terms and Conditions stated above.

6. General Data Protection Regulation – Data Protection

By accepting a booking with Envisage Promotions Ltd you agree to be bound by the General Data Protection Regulation (GDPR). As a subcontractor you still have to be responsible for a number of obligations.

• When you are working for Envisage Promotions Ltd as a contractor/supplier/subcontractor you may be required to collect data or be exposed to data.
• You may only use the data only in accordance with formal instructions, your booking confirmation.
• You must respect the confidentiality of the data.
• You must always have an adequate level of data protection, eg the data is never left unattended during breaks, etc.
• You must inform Envisage Promotions Ltd immediately in the event of a data breach.
• You must make sure that all data is passed onto our client at the end of your booking. Data must not be passed on to third parties unless the client or Envisage Promotions Ltd has given its consent.
• Envisage Promotions Ltd and the client you are working for reserve the right to monitor the proper performance of the contract by carrying out assessments or

7. Confidentiality

All Confidential Information (including the contents of this document) must be kept confidential. You shall not publicise your involvement.

You acknowledge and agree that the Confidential Information is made available to you and/or your professional advisers for the sole purpose of supplying operatives. You must not provide any third party with any Confidential Information unless you first have Envisage Promotions Limited written consent. If Envisage Promotions Limited consent to any disclosure to any third party, you must ensure that those third parties keep the Confidential Information confidential on terms on no less onerous than those in the NDA you may have signed and they must not disclose them to any other third party. You are solely responsible and liable for these third parties.

The Confidential Information serves informational purposes only. All intellectual property rights in this document, including Confidential Information provided in connection with this document, is and shall remain the property of Envisage Promotions Limited.