Service Agreement (PAQT Terms and Conditions)
This service agreement (the ‘Agreement’) is between:
The Client (the named person making this application) and
The Contractor: PAQT
Registered Office: 2 Gorsey Lane, Wythall, Birmingham. B47 6JH
The Agreement is considered live and operational once membership has been accepted and confirmed by PAQT.
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the ‘Party’ and collectively the ‘Parties’ to this Agreement) agree as follows:
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the ‘Services’)
- casework assistance,
- advice and
relating solely to the employment of the Client as a Qualified Teacher
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
- Employment advice is provided by the Contractor only to Clients who are in good standing having paid the required monthly subscription for the month in which employment advice becomes necessary, on the following basis:
- All requests for employment advice should be made through the PAQT office.
- On being informed of the matter by the Client, the Contractor shall endeavour to give honest, impartial advice to a member about their specific employment query.
- Employment issues that have arisen prior to the Client becoming a member of PAQT shall not be covered by this agreement. Only employment issues that arise once membership has been taken out shall be covered by this agreement.
- For the avoidance of doubt nothing in this Contract shall be taken to oblige the Contractor to pursue an employment tribunal claim or pursue legal redress on behalf of a Client.
TERM OF AGREEMENT
- The term of this Agreement (the ‘Term’) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
- In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 10 days’ written notice to the other Party.
- In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- This Agreement may be terminated at any time by mutual agreement of the Parties.
- Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP (£).
- The Contractor will charge the Client for the Services at the prevailing advertised rate as defined by class of membership selected. (the ‘Payment’)
- The Client agrees that the Payment will be collected by Direct Debit from their nominated bank account on a per calendar monthly basis, on the first day of the month, or nearest day as is practical.
- The Payment as stated in this Agreement includes Value Added Tax (VAT) at the prevailing rate at the time of the agreement.
- The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
- The Contractor will be solely responsible for the payment of all remuneration and benefits due to the agents/employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.
- The Contractor will not be reimbursed further by the Client for any expenses incurred in connection with providing the Services of this Agreement.
- Confidential information (the ‘Confidential Information’) refers to any data or information relating to the Client which would reasonably be considered to be proprietary to the Client, where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
- On request, the Contractor shall give a Client access to their records.
- Subject to the requirements of the Data Protection Act 1998 and any relevant provision in a Code of Practice issued by the Information Commissioner, the Contractor shall retain its documentary records for three years.
CAPACITY / INDEPENDENT CONTRACTOR
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.
RIGHT OF SUBSTITUTION
- Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that the Contractor hires a sub-contractor:
- The Contractor will pay the sub-contractor for its services.
- For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
- The Contractor shall take reasonable steps to ensure that any advice given to a Client is provided by a competent person, who has appropriate experience. Such advisers shall conduct themselves with honesty and integrity in dealing with a Client.
- The Contractor shall ensure that regular training is made available to advisers who offer advice to Clients.
- The Contractor shall take reasonable steps to monitor the quality of advice given to Clients.
- Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
- Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all equipment, supplies, and any other items necessary to deliver the Services in accordance with the Agreement.
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given either in writing or via email and delivered to the Parties at
- The home address of the Client
- The nominated email address of the Client
- The registered business address of PAQT
- The nominated email address of PAQT
Or to such other address as either Party may from time to time notify the other.
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, Clients, officers, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, Clients, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will be governed by and construed in accordance with the laws of England.
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.