Terms of Service
SUPPLY OF SERVICES AGREEMENT
This agreement is made on the date of booking between (Supplier) BARISTA LAST MINUTE LTD a company incorporated in England and Wales with registered number 12397885 whose registered office is at 63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE
Provision of Services
1.The Supplier shall provide the Services to the Customer on the terms and conditions of this Agreement as set out in SCHEDULE 1. 2.The Services will be provided by the Supplier in response to each request from the Main Contractor from time to time as specified in SCHEDULE 1. 3.The Supplier shall provide the Services in accordance with the Specification and the Service Levels in all respects. Time is of the essence for any dates for delivery of the Services under this Agreement, unless specifically stated otherwise in any schedule. 4.The Supplier shall perform the Services with reasonable care and skill, in accordance with generally recognised commercial practices and standards in the applicable industry and all laws and regulations applicable to the Services, including all laws and regulations related to (I) anti-bribery and corruption, and (II) data protection.
5.No amendment shall be made to SCHEDULE 1 except on terms agreed in writing by the Parties. 6.The Customer must: 7.cooperate with the Supplier in all matters relating to the Services; 8.provide, in a timely manner, any Equipment, materials and any information as the Supplier may reasonably require; in the case of Equipment, the Customer shall ensure that it is in good working order and suitable for the purposes for which it is used, and in the case of information, the Customer shall ensure that it is accurate in all material respects; 9.obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services before the date on which the Services are to start; 10.Barista Last Minute is a service for providing barista support and temporary barista cover, as such the Customer MUST NOT USE the service as a recruitment agency. For a period of up 30 weeks from the date of the last shift involving relevant parties engaged via Barista Last Minute, Customer agrees not to engage in a contract for services or employment outside Barista Last Minute, without using Barista Last MInute service.
Customer employing a Barista engaged via Barista Last Minute directly for any employment or contracts outside of Barista Last Minute without seeking prior consent will be charged a recruitment fee of £1000. Failure to comply with this will result in the Customer being refused any service in future.
11.The Supplier shall promptly notify the Customer of: 12.any delays or problems from time to time in the provision of the Services of which the Supplier becomes aware; 13.any circumstances from time to time which may prevent the Supplier from providing the Services in accordance with this Agreement together with (where practicable) recommendations as to how such circumstances can be avoided; and 14.any complaint (whether written or not) or other matter which comes to its attention and which it reasonably believes may give rise to any loss by or claim against the Customer or which may result in any adverse publicity for the Customer. 15.The Customer shall, without limiting any right or remedy of the Customer, promptly report to the Supplier any defects in the Supplier’s performance of the Services as soon as reasonably practicable after any such defect comes to the attention of the Customer. 16.Where any defect in the provision of the Services is reported to the Supplier by the Customer or otherwise comes to the attention of the Supplier, the Supplier shall, without limiting any other right or remedy of the Customer, use its reasonable endeavours to provide such further services as are necessary in order to rectify the default as soon as is reasonably practicable and give the Customer a credit against the Service Charges calculated in accordance with Schedule 2.
Charges, Payment And Time Records
17.In consideration of the provision of the Services by the Supplier, the Customer shall pay the Service Charges as set out in Schedule 2 which specifies whether the charges are on a time and materials basis, a fixed price basis or a combination of both. Time is of the essence for the payment of the Service Charges. 18.The Customer shall pay each invoice submitted to it by the Supplier, in full and in cleared funds, within 14 days of receipt of invoice to a bank account nominated in writing. 19.Payments collected through the Tide direct debit system will be paid to the Supplier, in full and in cleared funds, within 28 days of receipt of invoice. 20.Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the Due Date: 21.the Supplier may suspend all Services until payment has been made in full; and 22.where the Customer fails to pay within 30 days of receipt of invoice, court orders may be issued and debts sold to a collections agency. 23.The Supplier and the Customer shall pay all amounts due under this Agreement in full without any deduction except as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part. 24.Charges outlined in Schedule 2 are subject to change in accordance with annual UK inflation rates and the Customer will be notified in writing by the Supplier should these changes take effect. 25.Cancellations charges will be made and vary on notice given. Cancellations made the day before the start of the booking will be subject to a 50% charge for the cancelled shift. Cancellations made on the day of the shift will be charged for the entirety 100% of the cancelled shift. 26.Bookings for Barista Support that coincide with Bank Holidays in England and Wales are charged at the higher basic standard rate of £16/hour (inclusive of all fees). 27.Baristas are entitled to one uninterrupted 20 minute break during their working day when the shift is more than 6 hours/day. This is in line with UK government regulations and will be included in the total charge for the shift.
Circumstances beyond the control of either party.
28.Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. 29.Such causes include, but are not limited to: acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question. 30.The party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations. 31.The corresponding obligations of the other party will be suspended to the same extent as those of the party affected by a force majeure event.
Governing law and jurisdiction
32.This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
General Data Protection Regulation (GDPR)
33.Barista Last Minute requires some information to be collected during the booking process. This information will be stored on a secure location and will only be used by Barista Last Minute and not shared or sold to any business outside of BARISTA LAST MINUTE LTD. 34.By using the service you give you consent for BARISTA LAST MINUTE LTD to use your information to facilitate the Barista Last Minute service and only contact you with information relating to the service. 35.At any point, should you wish to stop using the service please contact email@example.com and we will be happy to remove in full your informations from our system.
SCHEDULE 1 SPECIFICATION OF SERVICES
Barista Cover Service – Provides barista for support on site covering shifts for a minimum booking of five hours/day
SCHEDULE 2 CHARGES
Barista Support Rate
London Postcodes Area (E, EC, W, EC, SE, SW, N, NW, BR, CR, DA, HA, KT, TN, TW, and UB postcodes)
Standard Rate: £12.50/hour
Two Days Notice: £13/hour
Day Before Notice: £14/hour
On The Same Day*: £15/hour
National Area (Not London Postcodes)
Standard Rate: £10.50/hour
Two Days Notice: £11/hour
One Day Before: £12/hour
On The Same Day*: £13/hour
The Price listed above are INCLUSIVE of all booking fees.
*we charge the Customer Same Day rate for booking made after 8pm of the day before the booking day.