This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the services listed on our website, www.people4business.com, and other similar sites to which access may be granted, including www.people4engineering.com, www.people4charity.com and www.people4web2.com.

Please read these terms carefully before using our services and print a copy for your own records and reference. You should understand that by registering as a Buyer on our website, you agree as or on behalf of the Buyer to be bound by these terms and conditions and confirm that you have authority to enter into a contract on behalf of the Buyer. We will be unable to provide you with our services if you refuse to accept these terms and conditions.

1. Information about us

1.1 www.people4business.com, and other similar sites to which access may be granted, including www.people4engineering.com, www.people4charity.com, www.people4web2.com, (‘the Site’) is a website operated by People4Business Ltd (‘P4B’), a company incorporated and registered in England and Wales with company number 05514119 whose registered office is at The Forum, 277 London Road, Burgess Hill, West Sussex RH15 9QU.

1.2 P4B operates as an employment business as defined by section 13(3) of the Employment Agencies Act 1973 (as amended) (‘the Act’). P4B is regulated by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended) (‘the Regulations’). An individual seeking work is described on the Site as a ‘Seller’. A person seeking the services of a Seller is a ‘Buyer’. We arrange the supply of services of Sellers to Buyers for limited time periods which we describe as ‘Assignments’.

1.3 Upon registration on the Site, Sellers can upload personal details including a CV and create a personal homepage on which details can be expanded, changed and updated. Buyers can search the Site, access Seller details, then select and contact Sellers. Buyer and Seller negotiate directly to agree the terms of any Assignment and when such agreement is reached, details of the Assignment are provided to Buyer and Seller in the form of a ‘Contract Information Sheet’. Sellers can then provide services to the Buyer.

1.4 P4B only provides its work-finding services to Sellers who are themselves employed or engaged by an intermediary limited company (‘Seller Company’). During an Assignment, a contract for services shall exist between the Seller Company and P4B for the supply of the services of a Seller, to a Buyer. The Seller Company may employ or engage other persons in addition to the Seller introduced by P4B to the Buyer (‘Seller Representatives’) who may also be available for work as a Seller.

2. Buyer status

2.1 By registering on the Site, the Buyer is warranting that it is legally capable of entering into a binding contract and if the Buyer is an individual, is at least 18 years old.

3. The contract

3.1 Use of the Site is governed by these terms. During an Assignment, a contract shall exist between the Buyer and P4B for the supply of the services of a Seller Company and Seller, to a Buyer. The terms of the contract for services are set out in this document and in the Contract Information Sheet agreed between the Seller (on behalf of the Seller Company) and the Buyer prior to commencement of the Assignment.

3.2 For the avoidance of doubt, neither P4B nor any Buyer shall be the employer, agent, partner or joint venture partner of any Seller or Seller Company. The Seller is employed or engaged by the Seller Company.

3.3 No variation or alteration to these terms shall be valid unless the details of such variation are agreed in writing between P4B and the Buyer and a copy of the varied terms is provided to the Buyer, stating the date on which such varied terms shall come into effect.

3.4 These terms and any contract for services completed pursuant to these terms are governed by English law. Any dispute arising from or related to these terms or any contract for services completed pursuant to these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

4. Registration & Site use

4.1 In order fully to access the Site, Buyers are required to register. Buyers are provided with a user ID and choose a password that must be kept secure and confidential in order to prevent any unauthorised access to the Site. If a Buyer suspects that a password is no longer secure and confidential, the Buyer must notify P4B immediately.

4.2 The Buyer agrees that all information provided at registration or any time thereafter will be true, accurate and kept up to date. In particular, the Buyer shall not post details of fake or non-existent job vacancies.

4.3 The Buyer agrees to use Seller and Seller Company contact information provided by P4B only for the purpose of arranging an Assignment via P4B.

4.4 The Buyer will not:

  (a) post information on the Site which (i) is obscene, offensive, abusive, discriminatory or defamatory; (ii) is illegal; (iii) infringes the rights of any third party, including but not limited to intellectual property rights; (iv) is indecent or contains pornography or (v) is likely to bring P4B into disrepute;

  (b) do anything to cause the Site to be interrupted or damaged or affect the functionality of the Site or intended to obtain personal information or data without consent of the data subject;

  (c) access non-public areas of the Site or the homepage of any other user of the Site;

  (d) gather information from the Site for any commercial purposes other than to utilise our services;

  (e) register as a Buyer more than once or register, whether in person or via a third party, if the Buyer has previously had their use of the Site terminated or suspended;

  (f) misrepresent its status in relation to P4B to any third party contrary to clauses 2 or 3.2 above;

  (g) engage in any activities intended to prevent payment of or reduce the fee due to P4B as a result of a Seller or Seller Company being introduced to the Buyer on the Site, including but not limited to (i) failing to report changes in rate of pay or the duration of an Assignment; (ii) contacting a Seller or Seller Company other than through the Site (where the contact details were obtained from the Site) with a view to dealing with such Seller or Seller Company other than through P4B; (iii) providing false information on rate of pay on the Site.

4.5 Whilst we monitor information posted on the Site (and by accepting these terms, the Buyer consents to such monitoring for any purpose), P4B does not review each individual posting and therefore accepts no responsibility or liability for the information provided and cannot guarantee the accuracy of the information supplied by any third party, including but not limited to information provided by any Buyer or Seller. Some information posted on the Site may be offensive, inaccurate or misleading. Buyer, Seller and Seller Company are responsible for obtaining independent verification of information posted by other users to ensure its accuracy. P4B is not responsible for and does not accept liability for any losses caused as a result of reliance placed on inaccurate or unlawful information posted on the Site by third parties.

4.6 Users may be requested to provide constructive feedback relating to other users of the Site, during or at the end of an Assignment, in order that P4B can establish user ratings for the benefit of other users. All users are requested to treat the ratings system seriously and in particular are prohibited from leaving feedback that is untrue, inaccurate, threatening, insulting, defamatory or obscene.

4.7 We may allow links to third party websites on the Site. We are not responsible for, nor do we accept liability for the content of third party sites. We reserve the right to remove any link to third party websites at any time.

4.8 We reserve the right to temporarily or permanently remove any Buyer job vacancy posting or edit and remove any other content or information at our sole discretion.

5. Data protection

5.1 When registering with P4B, we collect personal data from Sellers and Buyers for the purposes of providing our services. We process this data in accordance with the Data Protection Act 1998 (‘the DPA’) and our Privacy Policy which appears on the Site. It is the Buyer’s responsibility to review our Privacy Policy which forms part of these terms. The Privacy Policy may be updated from time to time.

5.2 The Buyer consents to P4B processing personal data supplied by the Buyer to P4B for the purposes of providing its services and for other legal, administrative and management purposes. The Buyer consents to the transfer of personal data provided by it, to parties within and outside of the European Economic Area, even if the country or territory in question does not maintain adequate legal data protection standards.

5.3 P4B will make Seller personal data available to Buyers. The Buyer must comply with the Data Protection Act 1998 (as amended) in respect of all personal data provided to the Buyer by or via P4B, at all times.

6. Assignments

6.1 The type of work which the Buyer requires the Seller to perform shall be as described in a Contract Information Sheet.

6.2 Neither the Seller nor the Seller Company are obliged to accept any offer of an Assignment which is made by a Buyer, via P4B. The Buyer is not obliged to accept the services of a Seller or Seller Company that are offered via P4B.

6.3 It is the responsibility of the Buyer to verify that (a) it has been provided with accurate information as to the identity of the Seller and the Seller Company; and (b) the Seller has the necessary experience, training, qualification or authorisations required by the Buyer, by prevailing law or by any professional body for the Seller to undertake the work required.

6.4 The Buyer is not permitted to use the Site to find a Seller to work in a position if the Seller would be required to work with or care for any person under the age of 18 or who by reason of age, infirmity or other circumstances is in need of care and attention. The Buyer is also not permitted to use the Site to find a Seller to fill a position as a director, company secretary or partner.

6.5 The Buyer shall ensure that it has informed the Seller prior to commencement of an Assignment, of all matters required in the Contract Information Sheet.

6.6 The Buyer shall not use the Site in order to arrange for an Assignment in which a Seller performs the duties normally performed by a worker (‘Worker A’) who is taking part in a strike or other industrial action, or the duties normally performed by any other worker employer by the Buyer and who is assigned to perform the duties normally performed by Worker A.

6.7 Neither the Seller Company nor the Seller are under the supervision or control of P4B. The Buyer will comply in all respects with all relevant statutes, by-laws and legal requirements including the provision of adequate Public Liability and Occupiers Liability insurance in respect of the Seller, the Seller Company and any other Seller Representative.

7. Timesheets

7.1 At intervals set out in the Contract Information Sheet for an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Seller shall complete an online timesheet and submit this to P4B duly completed to indicate the number of hours/days worked (and if applicable overtime worked and expenses incurred) during the preceding timesheet period. P4B shall provide the Seller’s timesheet to the Buyer for verification of hours worked. P4B will treat the timesheet as verified if the Buyer fails to notify P4B to the contrary within two business days.

7.2 If the Buyer is unable to verify the number of hours worked as claimed by the Seller, because the Buyer disputes the hours/days claimed, the Buyer shall inform P4B within 2 business days of receipt of the disputed timesheet and shall co-operate fully and in a timely fashion with P4B in order to establish what hours, if any, were worked by the Seller. If notification of a disputed timesheet is received by P4B after 2 business days have elapsed and after P4B’s invoice in respect of the hours claimed in the disputed timesheet has been submitted to the Buyer, the Buyer is obliged to pay P4B’s charges based on the disputed hours claimed by the Seller, but the Buyer may receive a full or partial refund as and when the Buyer and P4B resolve the actual hours worked by the Seller.

7.3 The Buyer shall not be entitled to decline to verify a timesheet on the basis that it is dissatisfied with the work performed by the Seller. In cases of unsuitable work, the Buyer should apply the provisions for termination of the Assignment in clause 12 below.

8. Charges

8.1 The Buyer agrees to pay the charges of P4B as notified in the Contract Information Sheet, and such other charges as are detailed in these terms. In respect of any Assignment, the charges are calculated according to the number of hours/days worked by the Seller (to the nearest two decimal places). The charges are comprised of:

  (a) the fees of the Seller Company for the supply of the services of the Seller charged at both standard and overtime rates, if overtime rates have been agreed in the Contract Information Sheet;

  (b) P4B’s management fee which is calculated as a 10% margin on the total sum payable by the Buyer in respect of hours/days worked by the Seller/Seller Company, e.g. if a Seller Company’s rate of pay for the supply of the Seller is £10 per hour and 10 hours are worked, the amount paid by P4B to the Seller Company would be £100. The amount paid by the Buyer to P4B would be £111.11. P4B’s management fee would therefore be £11.11 which is 10% of the total paid by the Buyer.

  (c) reimbursement of expenses as agreed with the Seller in the Contract Information Sheet;

  (d) P4B’s expenses handling charge of a 5% margin of all reimbursed expenses;

VAT is payable on the entirety of these charges.

8.2 The charges are invoiced to the Buyer (by email, by P4B or its agent) at the intervals set out in the Contract Information Sheet and are payable within 28 days of the invoice date. P4B reserves the right to charge interest on any overdue amounts at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.

8.3 There are no refunds or rebates payable in respect of the charges of P4B, save as set out in clause 7.2 above.

9. Remuneration

9.1 P4B is responsible for paying or procuring the payment of the fees of the Seller Company. No payments shall be made directly to any Seller or Seller Company by the Buyer.

10. Engagement fees

10.1 For the purposes of clauses 10 and 11, the following words shall have the following meanings:

‘Engagement’ means the engagement, employment or use of a person other than for an Assignment arranged by or via P4B; on a permanent or temporary basis whether under a contract of service or for services; an agency, licence, franchise or partnership arrangement; or any other arrangement, and ‘Engaged’ and ‘Engages’ shall be construed accordingly.

‘Relevant Period’ means either a period of 14 weeks from the commencement of an Assignment, or 8 weeks from the last day of an Assignment, whichever period ends the later. For the purposes of this definition, a new Assignment begins where there has been a break of 42 days since the end of the last Assignment, or no previous Assignment.

‘Remuneration’ means the gross annual taxable emoluments payable to or receivable by a person as a result of an Engagement and includes base salary or fees, guaranteed and/or anticipated bonuses and commission earnings, inducement payments, any car allowance and all other payments.

10.2 Subject to clause 11 below, in the event that the Buyer intends to enter into the Engagement of a Seller or Seller Company supplied by P4B either (1) directly or (2) by the Buyer pursuant to an agreement with an alternative employment business, either after introduction of the Seller or Seller Company by or via P4B (but before commencement of an Assignment) or during an Assignment or within the Relevant Period the Buyer shall notify P4B of its intention to engage and P4B will require the Buyer to choose from the following options:

  (a) the Buyer shall be required to pay a fee upon commencement of the Engagement which shall be equivalent to 10% of the Remuneration payable to the Seller/Seller Company in the first 12 months of the Engagement (‘the Introduction Fee’); or

  (b) the Buyer shall be required to extend the existing Assignment of the Seller/Seller Company, or if no Assignment has taken place or the Assignment has already ended, enter into a new extended period of hire of up to 52 weeks during which P4B shall be entitled to the charges set out in clause 8.1 above for each hour or day the Seller/Seller Company is supplied, and at the end of the extended period of hire, the Buyer may engage the Seller/Seller Company without payment of any further fee to P4B.

10.3 The Buyer shall give written notice of its choice under sub clause 10.2 and if it has elected for the option set out in sub-clause 10.2(b), the extended period of hire shall begin on the date of receipt by P4B of the Buyer’s written notice. If the Buyer fails to specify whether the payment of the Introduction Fee (pursuant to sub-clause 10.2(a)) or an extended period of hire (pursuant to sub-clause 10.2(b)) is preferred, the Introduction Fee shall be payable by the Buyer to P4B upon commencement of the Engagement. No refund or rebate of the Introduction Fee shall be paid in any event. VAT is payable in addition to any Introduction Fee due.

10.4 Subject to clause 11 below, in the event that the Buyer introduces the Seller or Seller Company to a third party with whom the Seller/Seller Company enters into an Engagement either after Introduction of the Seller/Seller Company by P4B (but before commencement of an Assignment) or during an Assignment or within the Relevant Period the Buyer shall be liable to pay the Introduction Fee to P4B. No refund or rebate of the Introduction Fee will be paid in any event. VAT is payable in addition to any Introduction Fee due.

10.5 In the event that the Buyer enters into an Engagement with a Seller Representative other than the Seller specifically introduced by P4B, either directly or through an alternative employment business or introduces a Seller Representative other than the Seller specifically introduced by P4B to a third party with whom the Seller Representative enters into an Engagement the Buyer shall be liable to pay the Introduction Fee to P4B. No refund or rebate of the Introduction Fee will be paid in any event. VAT is payable in addition to any Introduction Fee due

10.6 In the event that the Engagement of the Seller, Seller Company or other Seller Representative is for a fixed term of less than 12 months, the Introduction Fee shall be equivalent to 10% of the Remuneration payable to the Seller, Seller Company or other Seller Representative during the period of the Engagement and any subsequent extension or renewal thereof, up to a maximum Engagement period of 12 months.

10.7 In the event of any Engagement to which this clause 10 relates, the Buyer will immediately notify P4B in writing of the Engagement and the Remuneration payable to the Seller, Seller Company or other Seller Representative during the first 12 months of the Engagement and provide such further details concerning the Engagement which P4B reasonably requires.

10.8 If details of Remuneration are not provided by the Buyer pursuant to clause 10.7, P4B shall be entitled to calculate any Introduction Fee due on the basis of an amount representing the minimum level of remuneration applicable for the position in which the Seller, Seller Company or other Seller Representative has been Engaged having regard to any information on remuneration provided by the Buyer or on the basis of comparable remuneration in the market generally for such positions, which ever is greater.

11. Engagement fees in the event of opt-out notification

11.1 If on or before the commencement of an Assignment, the Seller Company has opted out of the effects of the Regulations, clauses 10.2 to 10.8 shall not apply (save to the extent that is set out in this clause 11) and instead, the Buyer shall be liable to pay the Introduction Fee (as defined in clause 10.2(a)) to P4B in the following circumstances:

  (a) if the Seller, Seller Company or any other Seller Representative is Engaged by the Buyer directly, or Engaged by the Buyer pursuant to an agreement with an alternative employment business, or Engaged by a third party to whom the Seller, Seller Company or any other Seller Representative has been introduced by the Buyer; and

  (b) such Engagement commences within 12 months of the termination of an Assignment or if there has been no Assignment, commences within 12 months of introduction of the Seller or Seller Company to the Buyer by or via P4B.

11.2 If the requirements of clause 11.1 are satisfied, the Buyer shall be required to pay the Introduction Fee to P4B. No refund or rebate of the Introduction Fee shall be paid in any event. VAT is payable in addition to any Introduction Fee due.

11.3 In the event that the Engagement of the Seller, Seller Company or other Seller Representative is for a fixed term of less than 12 months, the Introduction Fee shall be equivalent to 10% of the Remuneration payable to the Seller, Seller Company or other Seller Representative during the period of the Engagement and any subsequent extension or renewal thereof, up to a maximum Engagement period of 12 months.

11.4 If the requirements of clause 11.1 are satisfied, the Buyer will immediately notify P4B in writing of the Engagement, the Remuneration payable in respect of the Engagement and provide such further details concerning the Engagement which P4B reasonably requires.

11.5 If details of Remuneration are not provided by the Buyer pursuant to clause 11.4, P4B shall be entitled to calculate any Introduction Fee due on the basis of an amount representing the minimum level of remuneration applicable for the position in which the Seller, Seller Company or other Seller Representative has been Engaged having regard to any information on remuneration provided by the Buyer or on the basis of comparable remuneration in the market generally for such positions, which ever is greater.

12. Termination

12.1 Each Assignment shall commence on the agreed commencement date and shall continue until the agreed end date or completion of the services, unless previously terminated by:

(a) P4B without prior notice or liability; or

(b) the Buyer upon provision of the period of notice set out in the Contract Information Sheet.

12.2 Failure by the Buyer to give notice of termination as required by clause 12.1 shall constitute a breach of contract and shall entitle P4B to claim damages from the Buyer for any resulting loss suffered by P4B, the Seller or the Seller Company.

12.3 P4B reserves the right to suspend or terminate use of this Site by any Buyer in the event of breach of these terms or for any other reason without prior notice and without liability.

13. Liability

13.1 The Buyer agrees to indemnify P4B against all losses, costs (including reasonable legal fees assessed on an indemnity basis), expenses, damages arising from any claims or demands made by any third party (including the Seller or the Seller Company) due or arising from a breach by the Buyer of these terms or violation of any law (including tax laws) or third party rights. P4B will promptly inform the Buyer of any claim, action or demand falling within the ambit of this clause and the Buyer will cooperate fully in P4B’s defence of the claim. The Buyer shall not agree to any settlement in respect of a case to which P4B is a co-defendant without P4B’s prior written consent.

13.2 P4B’s liability for losses suffered by the Buyer as a result of P4B’s breach of contract, negligence or violation of any law or third party rights is strictly limited to actual direct loss which was reasonably foreseeable to all parties and in any event this liability is limited to the lesser of (a) the total amount payable to P4B in respect of the Assignment in which the alleged liability arose or (b) £100,000.

13.3 All users of the Site do so at their own risk. The Site is provided ‘as is’ and ‘as available’. P4B does not guarantee that the service will be error or interruption free and do not guarantee the accuracy of any content provided on the Site. As such, to the maximum extent permissible by law, P4B excludes all implied warranties, conditions, liabilities and other terms.

13.4 Nothing in clause 13.2 or 13.3 shall limit P4B’s liability in respect of personal injury or death caused by P4B’s negligence, fraud or fraudulent misrepresentation on the part of P4B, or for any matter for which it would be illegal for P4B to exclude or attempt to exclude liability.

14. General

14.1 These terms and any contract for services agreed pursuant to these terms may only be varied by an agreement in writing of all parties (and for the avoidance of doubt, an agreement in writing will include online acceptance of updated terms)

14.2 No failure or delay by P4B to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are severable and cumulative and not exclusive of each other.

14.3 The Buyer may not transfer, assign or dispose of any right or benefit under these terms or any contract for services agreed pursuant to these terms without the prior written consent of P4B.

14.4 Any notice given by P4B under these terms shall be deemed delivered 24 hours after emailing such notice to the email address provided by the Buyer on registration with the Site. Any notice given by the Buyer under these terms shall be deemed delivered 24 hours after emailing such notice to P4B at legalinfo@people4business.com.

14.5 If any provision of these terms or any contract for services agreed pursuant to these terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the terms or such contract for services which shall remain in full force and effect.

Buyers’ Terms & Conditions Version 2.0, Copyright © People4Business Ltd, July 2008.

This page last updated 25.07.08