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 Seller on our website, you agree to be bound by these terms and conditions (in person and on behalf of your Seller Company, as defined below). 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 (‘the Seller 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.

2. Seller status

2.1 P4B can only provide its work-finding services to Sellers who are themselves employed or engaged by an intermediary limited company (‘Seller Company’). If you are an individual and wish to become a Seller but you do not already supply your services through a limited company, contact us for further information on how this can be achieved.

2.2 By registering on the Site, Sellers are warranting that they are legally capable of entering into a binding contract and are at least 18 years old. Sellers also warrant that they have authority to enter into a contract with P4B on behalf of their Seller Company on the terms set out herein.

3. The contract

3.1 Use of the Site is governed by these terms. 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 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. No contract for the supply of services of a Seller shall exist between P4B and a Seller Company between Assignments.

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 Seller Company and a copy of the varied terms is provided to the Seller Company, stating the date on which such varied terms shall come into effect. P4B shall provide a copy of such agreement of variation to the Seller.

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 and site use

4.1 In order fully to access the Site, Sellers are required to register. Sellers 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 or the Seller Homepage. If a Seller suspects that a password is no longer secure and confidential, the Seller must notify P4B immediately.

4.2 The Seller agrees that all information provided at registration or any time thereafter will be true, accurate and kept up to date, and in any event will be reviewed at least every three weeks.

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

4.4 Whilst using the Site, neither the Seller nor the Seller Company will:

1. 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;
2. 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;
3. access non-public areas of the Site or the homepage of any other user of the Site;
4. gather information from the Site for any commercial purposes other than to utilise our work-finding services;
5. deliberately insert words, strings of words or characters on the Seller Homepage or otherwise, with the intention of influencing the position of the Seller’s posting in search listings or unfairly enhancing the number of viewers the Seller has to their posting;
6. register as a Seller, whether in person or via a third party, if the Seller has previously had their use of the Site terminated or suspended;
7. misrepresent their status in relation to P4B to any third party contrary to clauses 2 or 3.2 above;
8. engage in any activities intended to prevent payment of or reduce the fee due to P4B from any Buyer as a result of the Seller or Seller Company being introduced to such Buyer on the Site, including but not limited to (i) including identifying information in any posting that may allow a Buyer to contact the Seller or Seller Company other than through the Site; (ii) failing to report changes in rate of pay or the duration of an Assignment; (iii) contacting a Buyer other than through the Site (where the Buyer contact details were obtained from the Site); (iv) 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, both the Seller and Seller Company consent 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 the Seller Homepage 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 for the purposes of providing our work-finding 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 Seller’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 Seller consents to P4B processing their personal data for the purposes of providing its work-finding services and for other legal, administrative and management purposes and in particular to the processing of sensitive personal data (as defined in the DPA) including but not limited to information relating to (i) health; (ii) racial or ethnic origin or religious belief or similar information for the purposes of compliance with equal opportunities legislation; or (iii) criminal proceedings in which the Seller has been involved.

5.3 P4B will make Seller personal data available to Buyers and may make it available to other parties, with the Seller’s express consent. Sellers consent to the transfer of their personal data to such 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.

5.4 The Seller and the Seller Company must comply with the Data Protection Act 1998 (as amended) at all times.

6. Assignments

6.1 The type of work which P4B will find for the Seller and the Seller Company shall be as is suitable to the skills and experience described by the Seller on registration.

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.

6.3 The Seller warrants that (a) the Seller has correctly informed us of their identity and the identity of the Seller Company; and (b) the Seller shall not undertake an Assignment unless 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 Seller and the Seller Company confirm that:

1. the services of the Seller as specified in the Contract Information Sheet agreed with the Buyer prior to commencement of an Assignment shall be carried out in a professional manner, with all proper care and skill, in accordance with accepted professional standards methodologies and guidelines and within any agreed timescale.
2. the Seller Company shall maintain adequate Professional Indemnity, Employer’s Liability and Public Liability Insurance in respect of the supply for the Seller for any Assignment and shall provide evidence thereof on request.
3. the Seller will give reasonable notice of any periods when the Seller will not be able to provide services as agreed in any Contract Information Sheet.
4. the Seller shall provide the Buyer with such evidence and verification of their experience, training, qualifications and authorisations as are required by the Buyer, prevailing law or by a professional body or which are necessary for the Seller to undertake an Assignment or as may be requested from time to time.
5. the Seller or the Seller Company shall provide such equipment and training as is necessary for the Seller to perform an Assignment at their own cost.
6. the Seller has the right to work in the UK.

6.5 If for any reason either before or during the course of an Assignment, the Seller or Seller Company become aware of any reason why the Seller may not be suitable for an Assignment, the Seller or Seller Company shall notify P4B without delay.

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.

7.2 Subject to clause 7.3 P4B shall pay the Seller Company for all hours/days worked by the Seller regardless of whether P4B has received payment from the Buyer for those hours, in accordance with clause 8 below.

7.3 Where the Buyer fails to verify a timesheet submitted by a Seller, the Seller and the Seller Company shall, in a timely fashion, conduct further investigations into the hours claimed by the Seller and the reasons that the Buyer has refused to verify those hours, and report the results of the investigation to P4B. This may delay any payment due to the Seller Company. No fee shall be payable by P4B in respect of any period that services are not provided by the Seller.

8. Fees, invoicing & payment

8.1 The fee payable by P4B to the Seller Company for the provision of the services of the Seller shall be as set out in the Contract Information Sheet agreed with the Buyer prior to the commencement of any Assignment. The Contract Information Sheet shall also set out the parameters for and any rate of overtime pay or expenses agreed by the Buyer, which the Buyer may reimburse.

8.2 P4B operates a self-billing arrangement. At the invoicing intervals agreed in the Contract Information Sheet relating to an Assignment, P4B shall generate an invoice from the Seller Company to P4B in respect of the provision of the Seller based on the details as to rates of pay and expenses as set out in the Contract Information Sheet and on such timesheets as have been submitted by the Seller and Seller Company during the billing period in respect of an Assignment, plus VAT. In addition to the amounts invoiced by the Seller Company, P4B shall also charge the Buyer a management fee and an expenses handling fee where applicable.

8.3 The invoice will be emailed to the Seller and the Seller Company. Neither the Seller nor the Seller Company will raise any invoices in respect of an Assignment arranged by P4B. The Seller Company must notify P4B if its VAT registration details change, e.g. ceases to be registered or becomes registered under another number, or the Seller Company transfers its business as a going concern. This self-billing arrangement will expire 12 months after the date of commencement of an Assignment to which the arrangement applies.

8.4 Subject to clauses 7.3, 8.5 and 11.1, all payments will be sent to the Seller Company within 30 days of the date of delivery of P4B’s invoice relating to the supply of the Seller’s services, to the Buyer. P4B’s invoice to the Buyer is delivered 2 days after the last online timesheet relating to the billing period to which the invoice relates is submitted to P4B by the Seller, provided that no timesheet submitted by the Seller during the billing period in question has been disputed by the Buyer (in which case clause 7.3 applies).

8.5 The Seller Company has the option to elect to have the benefit of a Fasterpay service. P4B’s charge for this service is 3% of the Seller Company’s invoice amount (exclusive of VAT). Subject to clauses 7.3 and 11.1, if the Seller Company opts for Fasterpay, payment will be sent to the Seller Company within 5 days of the date of delivery of P4B’s invoice relating to the supply of the Seller’s services, to the Buyer. P4B’s invoice to the Buyer is delivered 2 days after the last online timesheet relating to the billing period to which the invoice relates is submitted to P4B by the Seller, provided that no timesheet submitted by the Seller during the billing period in question has been disputed by the Buyer (in which case clause 7.3 applies). The Fasterpay charge will be deducted from the fees due to the Seller Company from P4B. P4B reserves the right not to offer the Fasterpay service in respect of specific Assignments or Buyers and if this occurs, the Seller and/or the Seller Company shall be notified of this prior to finalising a contract for services relating to an Assignment. The Seller Company may not cancel participation in the Fasterpay service during an Assignment but can do so with immediate effect by provision of notice in writing at any other time. No rebate or refund of the Fasterpay charges is payable in any event.

8.6 The Seller Company shall be responsible for the payment of remuneration to the Seller and for any PAYE Income Tax, employer’s and employee’s National Insurance contributions, any other taxes and deductions, the administration of holiday pay and entitlement in respect of the Seller and any other matters which are imposed on the Seller Company as employer or principal of the Seller, as applicable.

8.7 For the purposes of this clause 8, ‘the Relevant Period’ means either the period of 14 weeks from the commencement of an Assignment, or the period of 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.

8.8 Subject to clause 11, if after the introduction of the Seller Company, the Seller or any other officer, employer or worker of the Seller Company (‘Seller Representative’) to the Buyer, during the course of an Assignment or within the Relevant Period the Buyer wishes to employ or engage the Seller Company, the Seller or any other Seller Representative direct or through an employment business other than P4B, the Seller Company acknowledges that P4B will be entitled either to:

1. charge the Buyer a fee; or
2. agree a new or extended Assignment of the Seller with the Buyer at the end of which the Seller Company, Seller or any Seller Representative may be engaged directly by the Buyer or through another employment business without further charge to the Buyer.

In addition P4B will be entitled to charge a fee to the Buyer if the Buyer introduces the Seller Company, the Seller or any Seller Representative to a third party who subsequently engages the Seller Company, the Seller or any Seller Representative.

9. Intellectual property

9.1 For the purposes of these terms, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

9.2 The Seller and the Seller Company acknowledge that any Intellectual Property Rights owned by a Buyer shall remain with the Buyer and shall not be affected by the Seller performing an Assignment with such Buyer.

9.3 The Seller and the Seller Company acknowledge that should a Seller create any new Intellectual Property Rights as a result of the performance of an Assignment, such rights shall belong to the Buyer. To the extent that such rights, title, or interests, shall, or do not vest automatically in and with the Buyer, the Seller irrevocably, and with full title guarantee, assigns to the Buyer all such rights, title and interests together with the right to exploit the same in any manner and through any media as the Buyer shall in its absolute discretion decide.

9.4 The Seller unconditionally, and irrevocably, waives all moral rights in, or in relation to any Intellectual Property Rights created during an Assignment to the fullest extent permitted by the Copyright Designs and Patents Act 1988 and all other moral and author’s rights of a similar nature.

9.5 All Intellectual Property Rights to the Site and the content thereof, other than a Seller’s own personal data, is owned solely by P4B and the Seller and the Seller Company are not authorised to use, copy, reproduce or sell any such content other than as permitted under these terms.

10. Confidentiality

10.1 For the purposes of these terms, ‘Confidential Information’ means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of P4B or a Buyer for the time being confidential to P4B or the Buyer and trade secrets including, without limitation, technical data and know-how relating to the business of P4B or the Buyer or any of its suppliers, clients, customers, agents, distributors, shareholders or management, that the Seller creates, develops, receives or obtains in connection with an Assignment or use of the Site, whether or not such information (if in anything other than oral form) is marked confidential.

10.2 Neither the Seller nor the Seller Company shall, during an Assignment, or the period during which a Seller is registered on the Site, or at any time thereafter, use or divulge to any person, either directly or indirectly, any Confidential Information obtained by the Seller in relation to, or in connection with P4B or the Buyer, which may come, or may have come to the knowledge of the Seller or the Seller Company during the course of an Assignment or as a result of using the Site. This obligation does not apply to (i) information known to the Seller or the Seller Company before the Assignment; (ii) information which enters the public domain through no fault of the Seller or the Seller Company; and (iii) disclosures made as required by law or regulatory requirement, and the Seller and the Seller Company agree to co-operate with the Buyer or P4B to prevent the use, publication and disclosure of any such information.

10.3 The Seller shall and the Seller Company shall ensure that the Seller shall return all Confidential Information and all documents and other materials belonging to the Buyer, which are in the Seller’s possession or control to the Buyer at the end of the Assignment, without retaining copies.

11. Opt-out notification

11.1 According to the Regulations, the Seller Company is entitled to contract out of the effect of the Regulations and may do so by providing notification of opt out in the form, located here. In that event, sub-clause 8.8 shall not apply to any introduction or Assignment in respect of which a notice of opt out has been completed and applies and instead, P4B shall be entitled to charge a fee to the Buyer at any time, in the event that the Seller Company, the Seller or any Seller Representative is engaged by the Buyer directly or through another employment business or if the Seller Company, the Seller or any Seller Representative is engaged by a third party to whom the Seller Company, the Seller or any Seller Representative has been introduced by the Buyer, without any other conditions applying.

11.2 In addition, following termination of any Assignment in respect of which a notice of opt out applied, the Seller Company shall not and shall procure that the Seller or other Seller Representative shall not for a period of 12 months supply services similar to those provided during the Assignment directly, or through any other person, firm or company to the Buyer for whom the Assignment was performed.

12. Subscription service

12.1 There is an optional subscription service, and Sellers can subscribe to this service for 6 or 12 months at the cost of £50 (plus VAT) or £75 (plus VAT) respectively. It is not a compulsory service. The subscription service allows subscribers preferential display on the search facility for as long as the Seller remains a subscriber and an active user. Subscription fees are paid in advance via credit card or Paypal and there are no rebates or refunds payable in the event of cancellation for any reason.

12.2 The Seller’s subscription is automatically renewed at the end of the subscription period unless cancelled by the Seller by giving at least 7 days prior written notice.

12.3 We reserve the right to review and amend subscription fees or introduce a scaled subscription model at any time upon providing notice on the Site and notice by email to existing subscribers, stating the date on which such increases to subscription fees will take effect.

13. Termination

13.1 Each Assignment shall commence on the agreed commencement date and shall continue until the agreed end date or completion of the services to the reasonable satisfaction of the Buyer, unless previously terminated by:

(a) P4B without prior notice or liability; or

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

13.2 Failure by the Seller Company to give notice of termination as required by clause 13.1 shall constitute a breach of contract and shall entitle P4B to claim damages from the Seller Company for any resulting loss suffered by P4B or the Buyer.

13.3 The Seller and Seller Company acknowledge that the continuation of the Assignment is subject to and conditioned by the continuation of the contract entered into between P4B and the Buyer. In the event that the contract between P4B and the Buyer is terminated for any reason the Assignment shall cease with immediate effect without liability to the Seller or the Seller Company.

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

14. Liability

14.1 The Seller and the Seller Company agree 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 Buyer) due or arising from a breach by the Seller or the Seller Company of these terms or violation of any law (including tax laws) or third party rights. P4B will promptly inform the Seller and the Seller Company of any claim, action or demand falling within the ambit of this clause and the Seller and Seller Company will cooperate fully in P4B’s defence of the claim. Neither the Seller nor the Seller Company will agree to any settlement in respect of a case to which P4B is a co-defendant without P4B’s prior written consent.

14.2 P4B’s liability for losses suffered by the Seller or the Seller Company 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 the Seller Company in respect of the Assignment in which the alleged liability arose or (b) £100,000.

14.3 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.

14.4 Nothing in clause 14.2 or 14.3 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.

15. General

15.1 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).

15.2 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.

15.3 Neither the Seller nor the Seller Company may 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.

15.4 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 Seller on registration with the Site (or as updated on the Seller Homepage). Any notice given by the Seller or the Seller Company under these terms shall be deemed delivered 24 hours after emailing such notice to P4B at legalinfo@people4business.com.

15.5 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.

Sellers’ Terms & Conditions Version 2.0, Copyright © People4Business Limited.

Last updated 06.11.08