Terms for Home Finding Consultants
This agreement between the parties shall continue until terminated by either party giving to the other not less than one month’s written notice. The terms are set out on this webpage and they represent the agreed terms between the freelance local consultant (consultant) when providing relocation services to Saunders 1865 International Ltd (the company) and its clients and assignees.
1. Services will be provided to the company by consultant from time to time on an as needed basis. The company is not obligated to provide consultant with work at any time and consultant shall not be obligated to accept assignments from the company. The company appreciates that consultant cannot always be available when requested to provide services. The company will always endeavour to give consultant as much notice as possible when requesting services and would request that consultant keeps the company notified of dates when consultant will not be available.
2. Consultant shall keep the company comprehensively informed of the progress on the company’s assignments and shall send to the company email reports promptly whenever requested. The company requires that you exercise professional diligence and reasonable care and skill in the conduct of all services provided to the company (as well as to its clients’ assignees) and consultant will comply with all reasonable requests and policies of the company. Such requests and policies include (without limitation):
a. To provide a suitable, well presented, safe, roadworthy, car that is damage-free, complies with all applicable laws and which is comprehensively insured (including business cover)
b. and consultant shall provide on demand to the company up-to-date documentary evidence of consultant’s current car insurance policy.) The car should be kept clean and fresh-smelling at all times when consultant is providing services to the company.
c. Consultant shall not accept any commission or benefit in kind whatsoever from any property owners, agents or any other 3rd party whatsoever in connection with any services consultant provides or has ever provided to the company.
d. Smoking, vaping or drinking alcohol whilst providing services to the company is not allowed.
e. Driver and passengers must use seat belts and infants should not be driven unless properly restrained in a proper car seat or seat belt in accordance with the applicable laws.
f. Consultant should never use a mobile phone or other device whilst driving whether hands-free or not. Consultant agrees to stop the vehicle before using a mobile device for any purpose.
3. Consultant warrants to the company that by providing services to the company they will not be in breach of any obligations to any third party.
4. If consultant is unable at any time to conduct (or continue to conduct) any assignment due to circumstances beyond their control, consultant may delegate performance of the assignment to such suitably qualified and experienced, competent person as consultant may from time to time reasonably deem appropriate. Consultant must notify the company in writing as soon as possible if this power to delegate is exercised and provide full details of the name and contact information of the delegate so that continuity of good services can continue for the benefit of the company and its clients and assignees.
5. Consultant’s fees for services shall be as agreed between the parties from time to time and fees will become payable to consultant after completion of each assignment and after submission to the company by consultant of an accurate and detailed invoice to include the following information:
- A unique invoice number
- Description of the services provided
- Consultant’s name and full address
- Total cost
Consultant’s invoices will be paid within 30 days of receipt by the company.
6. Any additional expenses must be prior-agreed in writing by the company. Prior-agreed additional expenses must be itemised in consultant’s invoice and must always be supported by receipts.
7. Consultant agrees that during the course of his or her appointment he or she is likely to obtain knowledge of trade secrets and also other confidential information with regard to the business and financial affairs of the company and those of the company’s clients, customers and suppliers details of which are not in the public domain (‘Confidential Information’), and accordingly the Consultant hereby undertakes to and covenants with the company that:
a. he or she shall not at any time after the termination of this agreement use or procure the use of the name of the company in connection with his or her own or any other name in any way calculated to suggest that he or she continues to be connected with the business of the company or in any way hold himself or herself out as having such connection;
b. he or she shall not use the Confidential Information other than during the continuance of this Agreement and in connection with the provision of the agreed services; and
c. he or she shall not at any time after the date of this Agreement (save as required by law) disclose or divulge to any person other than to officers or employees of the company whose province it is to know the same any Confidential Information and he or she shall use his or her best endeavours to prevent the publication or disclosure of any Confidential Information by any other person.
Consultant expressly agrees not to attempt, directly or indirectly, to solicit any business from the company’s clients, nor from or through any assignee for a period of two years from the date of termination of this agreement.
8. Consultant confirms that he or she is a self-employed person who shall be responsible for all VAT (where applicable), income tax liabilities and national insurance (or similar) contributions in respect of his or her fees and accordingly consultant hereby agrees to indemnify the company in respect of any claims that may be made by the relevant authorities against the company in respect of income tax and national insurance or similar contributions relating to consultant’s services.
9. General Data Protection Regulation (GDPR)
GDPR regulates how organisations use, store and collect personal information and sets out obligations for data processors (i.e. consultant) and controllers (i.e. Saunders 1865) and binds them to certain contractual commitments to ensure data is processed safely and legally. As a supplier to Saunders 1865, you may process data on our behalf.
According to Article 28 of the GDPR, your obligations include (but are not limited to):
- Implementing appropriate security measures when processing data on behalf of Saunders 1865
- Only processing data when strictly instructed by Saunders 1865
- Complying with all measures listed in Articles 32 – 36 of the GDPR
- Ensuring you as the data processor are committed to maximum confidentiality
- Deleting all personal data forthwith after the end of the provisions of services on every assignment from Saunders 1865
- Making available to Saunders 1865 all information necessary to demonstrate compliance with the obligations laid down in this Article
- Informing Saunders 1865 promptly in case of any data breaches
If at any time, you are unable or unwilling to comply with any of these obligations, you must notify Saunders 1865 in writing forthwith.
10. Nothing in this Agreement shall render or be deemed to render consultant an employee or agent of the company. This Agreement does not create any mutuality of obligation between consultant and the company.
11. This Agreement contains the entire agreement and understanding of the parties and extinguishes all previous agreements between the parties.
12. The termination of this agreement shall not affect the rights and liabilities of the parties already accrued nor shall it affect the continuance in force of those provisions that are capable of having effect after termination.
13. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this agreement had been executed with the illegal or unenforceable provision eliminated.
14. Failure of any party to insist upon strict performance of any provision of this agreement or the failure of any party to exercise any right or remedy to which he or she is entitled shall not constitute a waiver thereof and shall not cause a diminution of obligations under this agreement.
15. No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated in writing to be such and signed by all the parties to this agreement.
16. Consultant agrees that all documents generated (electronically or otherwise and by either party) relating to provision of consultant’s services to the company shall become and remain the property of the company and shall be delivered up to company immediately on demand.
By providing services to the company consultant shall have confirmed his or her acceptance of all the terms set out on this webpage.