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Statement of Terms for Client Hiring Personal Assistant

Contract for Business

 

  1. Interpretations
    • The following terms shall have the following meanings:

“Job(s)” means the temporary services and period during which you, the Client have requested.

“Job Statement” means the statement of terms for any specific Job.

“Type of Work” means the duties and responsibilities that you require of the Personal Assistant supplied by CROWN Helpers.

“Client” means you, the person, firm or corporate body requiring the services of the Temporary Personal Assistant together with any subsidiary or associated company as defined by the Companies Act 2006, and who is party to this Contract.

“Temporary Personal Assistant” means the person who has been allocated to provide you with the assistance you require in your work.

 

  • In this Agreement, unless the context indicates a different interpretation:
    • References to one gender includes all other genders and references to the singular includes the plural and vice versa;
    • A reference to a person includes firms, companies, government entities, trusts and partnerships;
    • References to any statutory provision includes any modification or amendment of it;
    • References to ‘we’ ‘us’ or ‘our’ means ‘CROWN Helpers’ who are in the business of supplying Personal Assistants to individuals in the creative industry;
    • References to ‘you’ and ‘your’ means the ‘Client’ being a party to this Agreement, your company, affiliates, assigns or proxies.
    • The headings and sub-headings are for conveniences only and do not affect its interpretation; and
    • “writing” or “written” will include fax and e-mail unless otherwise stated.

 

  • Provision of Services
    • These terms and conditions constitute the entire contract (Contract for Business) between you and CROWN Helpers and supersede any previous agreements or contracts.
    • This Contract governs each Job agreed between us regarding each service requested of CROWN Helpers by you. When the Job is completed or cancelled and all necessary payments have been received, no contract shall exist between you and us.
    • Unless payments have been made, there is no obligation on our part to offer you, or to consider offering you, our PA service.
    • Any Job offering will be of a temporary nature and we do not and cannot guarantee an acceptance of the Job offering.
    • You agree that we shall not incur any liability if we do not offer you a PA. No Contract for Business shall exist between us and you during periods when you have not been allocated a PA.
    • If for whatever reason, CROWN Helpers withdraws their decision to provide you with a PA, all payments received from you will be refunded within 7 days.
    • You are required to give advance notice of requests for supply of PAs to CROWN Helpers to allow us adequate time to complete arrangements.

 

  1. Confidentiality and Safeguard of Property
    • By virtue of this Agreement, an obligation of confidence is imposed on you, the Personal Assistant and CROWN Helpers respectively.
      • We shall not, at any time, divulge to any person, nor use for personal benefit or benefit of third parties any confidential information relating to documents, materials, personal data or methods of operation except as may be required for the performance of services under this Agreement or as may be required by law.
      • The obligation of confidence shall however not extend to anything already within public domain or that was in the possession of either party prior to disclosure.
    • You along with the Personal Assistant will take reasonable precautions to safeguard personal property entrusted to either party.
    • CROWN Helpers will not be responsible for any loss or damages resulting from negligence or wilful disregard of You or the Personal Assistant.
    • You or any of your affiliates or proxies are prohibited from soliciting or poaching any Personal Assistant, contractor or employee supplied to you by CROWN Helpers for the purpose of terminating the Personal Assistant’s engagement with CROWN Helpers or to offer the Personal Assistant employment with yourself, your company or any of your affiliates.
    • You are prohibited from contacting any Personal Assistant, employee, contractor or consultant supplied to you by CROWN Helpers to request further services except such contact or arrangement is made through CROWN Helpers.
    • You are required to complete a Request Form on the CROWN Helpers website or contact via email or phone to request furthering the service of a Personal Assistant.

 

  1. Assignment and other dealings
    • This Contract of Business is not and does not create a Contract of Employment between you and the Personal Assistant assigned to you.
    • If you are successfully allocated a Personal Assistant, you will be engaged on this Contract for Business for the duration of the Job or engagement.
    • We undertake to provide reference information of Personal Assistants in furtherance of any potential assignment of such Personal Assistant.
    • In furtherance of our obligation to provide adequate information of the Job to Personal Assistants, you are required to supply information regarding the following:
      • General information on your identity, nature of business, if applicable;
      • The type of work, location and likely time duration;
      • Any health and safety considerations or any other actions required prior to undertaking the assignment;
      • Any experience, training, qualifications or authorisation required by law, professional body or yourself;
      • The commencement and completion date; and
      • Any conditions to enhancement of pay

 

  • We understand that the commencement date and duration of any assigned job may be reasonably unpredictable. You are however required to provide adequate notice in an event where you require to end or extend a Job.
  • During the pendency of a Job, you may wish to invite the assigned PA to attend events or accompany you to meetings. Such invitations do not however affect the status of the Contract of Business between you and CROWN Helpers.
  • You are prohibited from having any sexual relations of any kind with Personal Assistants. Any report of sexual relations or harassment will be immediately lead to a termination of this Agreement any forestall any future engagements. Reports of sexual harassment will be channeled to the appropriate authorities.
  • The amount of work allocated to the PA during the time booked must be reasonable and capable of completion within the time requested by the Client.
    • CROWN Helpers will however notify you if it deems such requested time to be insufficient.
    • Where such requested time is sufficient but the Personal Assistant fails to complete the assigned task, such Personal Assistant is liable to continue working for only up to 15 minutes, free of charge.
    • You agree that where an assigned task is not completed 15 minutes after requested time, you will need to arrange an upgrade on the Agreement by paying for any additional time with the consent of the Personal Assistant.
    • Any total extra hours worked must be included in the time-sheet and invoice(s) for which you will be expected to pay. Payment for extra hours worked must be received into the CROWN Helpers account within 24 hours of Job completion.
    • You may release the Personal Assistant after the 15 minutes overtime if you do not wish to pay for extra hours

 

 

  1. Obligations and Undertakings
    • You will be required to bear the costs of transporting the Personal Assistant to and from events pursuant to 4.6.
    • Subject to acceptance by the Personal Assistant, unless otherwise agreed with CROWN Helpers, you are prohibited from consigning the services of the Personal Assistant to any person other than yourself. The Personal Assistant reserves the right to immediately terminate the engagement if used by persons other than yourself.
    • If you require your Personal Assistant to receive instructions from multiple people in your organisation, you must inform CROWN Helpers and state this clearly, providing their names and their relationship to you or their position in the organisation.
    • You are required to agree in advance with the Personal Assistant on breaks. For the avoidance of doubt and for the purposes of the Working Time Regulations, the Personal Assistant’s working time shall only consist of periods of carrying out duties set out on the Job Statement. Time spent travelling to your premises and pre-agreed breaks shall not count as part of their work time, unless otherwise agreed.
      • Any deviations from pre-agreed breaks should be included in the Personal Assistant’s time-sheet. You must also be prepared to verify this agreement as required by CROWN Helpers.

 

  • During the course of the Job, if the PA is unclear about the correct CROWN Helpers procedure or regulations regarding any matter, he/she must be excused to briefly contact the office by telephone to receive clarification or enquire.
  • Throughout the time period that your PA is providing you with their service, you, the Client have responsibilities for the health and safety of your PA. You must:
    • Make sure the PA’s work space is safe and ensure that all equipment is safe to use;
    • Prevent risks to injury and health and take precautions to reduce the risk of injury;
    • Ensure safe working practices and potential hazards are explained to your PA as needed
    • Report any accidents, injuries, or occurrences by dialling 999, where appropriate and necessary.
  • You are required to sign the time-sheet upon completion of the assigned task by the Personal Assistant. You may contact CROWN Helpers to report any suspensions or concerns with any paperwork presented to you by the Personal Assistant.
    • Any matters regarding the completion of this paperwork should be settled between yourself and the PA. if the matter is unresolved or further clarification is required, you or your PA may contact CROWN Helpers.
    • We may need to contact you to verify time-sheet related concerns before payment to the Personal Assistant is processed. However, if your signature is found on the time-sheet, this may overrule any verbal or written objection that you may propose when you are contacted for verification.

 

  • Whilst undertaking Jobs, your Personal Assistant is expected to adhere to professional standards of conduct, respecting confidentiality of any information they come into contact with and keeping you, the Client fully informed of any problems encountered. During every Job and afterwards where appropriate, your PA will:
    • Co-operate with your reasonable instructions and accept the direction, supervision and control of any reasonable person in your organisation (provided you have informed CROWN Helpers of this:
    • Observe any relevant rules and regulations of your establishment (including normal hours of work) to which attention has been drawn or which you might reasonably be expected to adhere to:
    • All intellectual property conceived or made by the PA (either alone or with others) in the course of any Job will belong to you, the Client and they must assign all interest in any such intellectual property to you or your nominee:
    • If requested to do so, they must execute any documentation which you, the Client may deem necessary to give effect to this provision:
    • Not engage in any conduct detrimental to you interests or that of CROWN Helpers:
    • Not at any time divulge to any person, nor use for their own benefit, any confidential information relating to your or CROWN Helpers’ employees, business affairs, transactions or finances.

 

  1. Ownership
    • All campaigns, trademarks, service marks, slogans, artwork, written materials, drawings, photographs, graphic materials, film, music, transcriptions, or other materials that are subject to copyright, trademark, patent, or similar protection (collectively, the “Work Product”) produced by the Personal Assistant allocated to the Client are the property of the Client provided:
      • such Work Product is accepted and claimed in writing by the Client within six (6) months of being produced by the Personal Assistant; and
      • Client pays all fees and costs associated with the hiring of the Personal Assistant. Work Product that does not meet the two foregoing conditions shall remain the Personal Assistant’s property.
    • Notwithstanding the foregoing, it is understood that the Personal Assistant may, on occasion, include materials from third parties in Work Product. In such circumstances, ownership of such licensed materials remains with the licensor. The Personal Assistant will keep Client informed of any such limitations.

 

 

  1. Indemnities
    • You agree to indemnify and hold CROWN Helpers harmless with respect to any claims or actions against the Personal Assistant based upon materials prepared by the Personal Assistant, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright, except where any such claim or action arises out of material supplied by CROWN Helpers to the Personal Assistant. Client further agrees to indemnify and hold CROWN Helpers harmless with respect to any death or personal injury claims or actions arising from the use of PA services.

 

 

  1. Payment terms
    • After you Request a Personal Assistant through the CROWN Helpers website or by telephone, you will receive a confirmation email, if we have been able to successfully allocate a Personal Assistant. In this email, an invoice will be attached where you will either pay the full cost of the PA service you require or pay in installment, upon receipt of your confirmation and where applicable, no later than 24 hours prior to the commencement of the Job.
    • When full payment has been received, you, the Client, will receive a receipt from CROWN Helpers, for the payment you have made. If where appropriate, CROWN Helpers do not receive the full payment, upon receipt of your confirmation and prior to the commencement of the Job, we cannot guarantee that the service you have requested will be supplied.
    • CROWN Helpers will investigate without undue delay any situations arising whereby time-sheets submitted by the Temporary Personal Assistant fail to be approved by the Client and will endeavour to keep to a minimum any delay in payment for hours actually worked.
    • Under no circumstances, should payment be made directly to PAs, in cash or any other method. PAs are not expected to request or accept payments, gifts, donations or tips from Clients. All payments for service or such donations must be payed to CROWN Helpers whose bank details are included in the invoice.
    • Cash payments or cheques are not accepted by CROWN Helpers. ALL payments for service must be done through bank transfer directly to the CROWN Helpers bank account.

 

  1. Cancellation
    • You, the Client, may terminate your request for PA service or any individual Job, if you wish to.
    • If for whatever reason you wish to cancel a Job, you must notify CROWN Helpers by telephone AND in writing by email at least 48 hours before the start time. By doing so, CROWN Helpers is required to refund all fees already paid by you, the Client for the Job being cancelled. If you notify CROWN Helpers later than 48hours prior, CROWN Helpers is able to withhold all fees already paid.
    • If you wish to terminate a Job after your PA has commenced work, you are not obliged to provide a reason. However, you are required to sign your PA’s time-sheet for the hours and minutes already worked and you must provide payment to cover those hours and minutes when you are invoiced by CROWN Helpers.
    • CROWN Helpers reserves the right to remove from its Client list any Client found to have exhibited violent, abusive or insulting behaviour towards any PA or member of CROWN Helpers staff. Likewise, if any Client engages in a dispute with any of our PAs, CROWN Helpers reserves the right to remove that Client from its register, pending the dispute resolution.
    • Even though PAs are supplied by CROWN Helpers and are engaged under a contract for service, there can be no disciplinary or grievance procedures by you, the Client (other than general rules of the Client’s workplace) or CROWN Helpers which apply to their engagement under a Contract for Service or under any Job. You, the Client are entitled to terminate a Job immediately for any reason.

 

 

  • Eligibility to work
    • Although your PA is responsible to ensure that they have the necessary licences, permits and/or qualifications to carry out your Job, CROWN Helpers will only allocate you the best available PA to assist you in your type of creative work.
    • CROWN Helpers retain the right to decline any Job, if the PAs available do not meet the essential requirements expressed by you, the Client or obligatory by law.
    • All PAs supplied by CROWN Helpers have been assessed and verified to ensure their eligibility to work in the UK, and any criminal records checked.

 

  1. Governing Law
    • This contract will be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain.
    • These terms and conditions are valid from the date of receiving your Confirmation email stating that your PA has been allocated for your Job.
    • Any amendments to this Contract for Business must be agreed and a copy shared with both CROWN Helpers and You.

 

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