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DEFINITIONS
In these Terms of Business the following
definitions apply:
"Assignment Term" means the period during which the
Support Worker is supplied by Access SUMMIT to render Services to you,
The Client;
"Access SUMMIT" means The Access SUMMIT Joint
Universities Disability Support Centre of St Peters House, Precinct
Centre, Oxford Road, Manchester, M13 9GH operating in collaboration with
Randstad HR Solutions; an employment business;
"Client" means the person to whom the Support Worker is
supplied or introduced;
"Services" means the services required by the Client as
determined by the Client's Funding Body pursuant to an independent
assessment of the Client's requirements;
"Session" means a period on a particular day during
which the Support Worker provides the Services;
"Support Worker" means the individual who is introduced
or supplied by Access SUMMIT to provide Services to the Client;
Unless the context otherwise requires, references to
the singular include the plural.
The headings contained in these Terms are for
convenience only and do not affect their interpretation.
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THE CONTRACT
These Terms constitute the contract between Access
SUMMIT and the Client for the supply of the Support Worker's Services by
Access SUMMIT to the Client. They are deemed to be accepted by the
Client when the Client registers on this website, by virtue of the
Client's request for the use of a Support Worker, by the Client's
acceptance of the Support Worker's Services or by the verification of a
time sheet by the Client (in accordance with clause 6 below), whichever
is the earliest. These Terms and Conditions contain the entire agreement
between the parties.
No variation or alteration to these Terms and
Conditions shall be valid unless the details of such variation are
agreed between Access SUMMIT and the Client and are set out in writing
and a copy of the varied terms is given to the Client stating the date
on or after which such varied Terms and Conditions shall apply.
THE SERVICES
As far as reasonably practicable, Access SUMMIT shall
agree with the Client the times and dates on which Access SUMMIT will
provide a Support Worker to supply the Services during the Assignment
Term.
Should the Client for whatever reason subsequently not
require the Services at any time that may have been agreed, the Client
agrees to notify Access SUMMIT and/or the Support Worker at least 24
hours prior to the time that the Support Worker is due to provide the
Services for the Client.
In the event that such notice referred to at clause
3.2 is not given or if the Services are no longer required on a
particular occasion (e.g. cancellation of a taught session) and the
Support Worker and/or Access SUMMIT has not received the required 24
hours notice, the Client agrees that Access SUMMIT will still be
entitled to claim a fee equivalent to 1 hour of the expected charge
rate.
CHARGES
Access SUMMIT and the Client acknowledge and agree
that Access SUMMIT' charges shall be funded via the Client's Disabled
Student's Allowance (or equivalent) by the Client's Funding Body via the
Student Loans Company (or equivalent).
Access SUMMIT' charges include: the hourly rate to the
Support Worker; annual leave/holiday entitlement per hour worked;
employer's National Insurance contributions; and Randstad's and Access
SUMMIT's administration charges related to advertising, recruiting,
training, organising, CRB checking, insuring and paying the Support
Worker. The administration charge for each support type/level is made up
of a fixed element, relating to costs associated with all support
types/levels, and a further, supplementary element related to costs
associated with that support type/level. VAT, if applicable, is payable
on the entirety of these charges
The Client agrees to take such steps as are reasonably
practicable (including but not limited to compliance with clause 6) in
order to ensure that Access SUMMIT receives payment for the Services
during the Assignment Term.
For the avoidance of doubt, the parties agree that
Access SUMMIT is still entitled to payment of a minimum of 1 hour via
the Client's Disabled Student's Allowance (or equivalent) by the
Client's Funding Body via the Student Loans Company (or equivalent) for
the Support Worker's Services in the event that the Client fails to
provide the required notification of cancellation of the Services in
accordance with clause 3.3.
There are no rebates payable in respect of Access
SUMMIT's charges.
INFORMATION TO BE PROVIDED
When putting forward a Support Worker to the Client to
fulfil a requirement for Services, Access SUMMIT shall inform the Client
of the identity of the Support Worker; ensure that the Support Worker
has the necessary or required experience, training, qualifications and
any authorisation required by law or a professional body to provide the
Services; and that the Support Worker is willing to provide Services to
the Client during the Assignment Term.
The Client undertakes to notify Access SUMMIT of any
health and safety issues of which he is aware that may affect the
Support Worker.
VERIFYING THAT THE SUPPORT WAS RECEIVED
At the end of each Session during an Assignment Term
the Support Worker will create a time sheet electronically. The Client
will receive a request to verify that the support was received as
detailed by email or SMS - depending upon the method chosen above.
Verification is confirmation of the number of hours
worked. If The Client is unable to verify the time sheet produced
because the hours detailed are disputed, The Client shall inform Access
SUMMIT as soon as is reasonably practicable and shall co-operate fully
and in a timely fashion with Access SUMMIT to enable Access SUMMIT to
establish what hours, if any, were worked by the Support Worker. Failure
to verify the time sheet does not affect Access SUMMIT's entitlement to
recover payment for the hours worked by the Support Worker.
The Client is not entitled to decline to verify a
timesheet on the basis of dissatisfaction with the Services performed by
the Support Worker. In cases of unsuitable work the provisions of clause
9.1 below should be applied.
LIABILITY
Whilst every effort is made by Access SUMMIT to give
satisfaction to the Client by ensuring reasonable standards of skills,
integrity and reliability from Support Workers and further to provide
them in accordance with the Client's referral details, Access SUMMIT is
not liable for any loss, expense, damage, delay, death or personal
injury arising from any failure to provide any Support Worker for all or
part of the period of booking or from the negligence, dishonesty,
misconduct or lack of skill of the Support Worker or for any other
reason, except that, for the avoidance of doubt, Access SUMMIT does not
exclude liability for death or personal injury arising from its own
negligence.
Support Workers supplied by Access SUMMIT are engaged
under "Contracts for Services". They are not the employees of Access
SUMMIT.
The Client undertakes that s/he shall notify Access
SUMMIT if s/he has any reason to believe that it would be detrimental to
the interests of the Support Worker or the Client for the Support Worker
to provide the Services.
The Client shall be responsible for any loss, damage
or injury caused to Access SUMMIT or the Support Worker as a result of
any breach of these Terms by the Client.
SPECIAL SITUATIONS
Where the Support Worker is required by law, or
any professional body to have any qualifications or authorisations to
provide the Services or the Services involves caring for or attending
one or more persons under the age of eighteen or any person who by
reason of age, infirmity or who is otherwise in need of care or
attention, Access SUMMIT will take all reasonably practicable steps to
obtain and offer to provide to the Client: (a) Copies of any relevant qualifications or authorisations of the
Support Worker; and
(b) Two references from persons not related to the Support Worker who
have agreed that the references they provide may be disclosed to the
Client.
Access SUMMIT will take all reasonably practicable
steps to confirm that the Support Worker is suitable to provide the
Services. If Access SUMMIT is unable to obtain any relevant information
it shall inform the Client of the steps it has taken to obtain this
information in any event.
TERMINATION
If the Client reasonably considers that the Services
of the Support Worker are unsatisfactory, the Client may terminate the
Services either by instructing the Support Worker to leave the Session
immediately, or by directing Access SUMMIT to remove the Support Worker.
The Client agrees to confirm any termination of the Services to Access
SUMMIT.
The Client may terminate the provision of the Services
by a Support Worker at any time by giving 24 hours notice to Access
SUMMIT. Access SUMMIT may terminate the provision of Services by a
Support Worker to the Client at any time without prior notice, with
immediate effect and without liability by providing notice to the
Client.
The Client shall notify Access SUMMIT immediately and
without delay and in any event within 24 hours if the Support Worker
fails to attend work.
Access SUMMIT shall notify the Client immediately if
it receives or otherwise obtains information which gives it reasonable
grounds to believe that a Support Worker supplied to the Client is
unsuitable to provide the Services.
LAW
These Terms are governed by the law of
England &Wales are subject
to the exclusive jurisdiction of the Courts of England and
Wales.
