Client Terms and Conditions

Terms of Business
The most important point of our contract (below) is that if YOU (the Client) directly hire any staff that you have been introduced to through PRO CREWS either during or for a period of up to 6 months after the Crew Member leaves the employ of PRO CREWS, you will be charged a Finder's Fee of £2500.00, even if:
1 You approach them for work directly;
2 They approach you directly looking for work;
3 They give you their resume at any time (even if the resume was given to you before PRO CREWS provided the services of them to you or your client);
1 They respond to your job advertisement; or
2 If they have previously worked for you when you were at a different company or did work for you personally.
PARTIES
PRO CREWS Ltd ("PRO CREWS")
And
You ("the Client")
AGREE AS FOLLOWS
a. PRO CREWS is a recruitment agency and also provides its Clients with the services of temporary staff.
b. The parties agree that this Agreement forms the basis for PRO CREWS providing the services of temporary staff to the Client and mutually agree to be bound by all of its terms.
c. If the Client is a company, sole trader and or partnership, it has in its capacity at law deemed to have agreed and executed this Agreement in accordance with the relevant legislation upon clicking "Yes" to the email provided to you containing this Agreement and also the quote.
d. The email containing the quote and all attachments form part of this Agreement.
e. By utilizing the services of PRO CREWS or "logging in" to the PRO CREWS General Manager website, the Client is deemed to have accepted these terms and conditions.
f. If the Client is a company, PRO CREWS is not required to provide the services of a Temporary Staff Member to the Client unless each of the directors of the Client have provided an executed Guarantee to PRO CREWS.
1. RECRUITMENT/JOB PLACEMENTS
The Client acknowledges and agrees that:
1.1 The Client must not engage a Temporary Staff Member who has been introduced to the Client By PRO CREWS within 6 months of the date of this Agreement.
1.2 A Client may engage a Temporary Staff Member who has been Introduced by PRO CREWS more than 6 months after the date of this Agreement provided that the Client:
(a). notifies PRO CREWS immediately of its intention to engage the Temporary Staff Member in writing;
(b). where the Temporary Staff Member will be engaged by the Client on a casual basis, pays to PRO CREWS a once-off finder's fee of £2500.00 to PRO CREWS within 14 days of the date of the notice given under clause [1.2(a)];
(c). where the Temporary Staff Member will be Engaged by the Client on a permanent basis:
(i) gives details of the Temporary Staff Member's Remuneration to PRO CREWS in writing; and
(ii) pays to PRO CREWS an amount equal to 15% of the Temporary Staff Member's Remuneration for the first year of engagement within 14 days of the date of the notice given under clause 1.2.(a)
For example: 8 months ago, PRO CREWS provided you with the services of X for a job. Today you hire X. PRO CREWS obtains a copy of the employment contract to verify the terms of engagement and remuneration to be paid.
If you hire X on a casual basis, then you must pay a one-off fee of £2500.00 to PRO CREWS.
If you hire X as a permanent employee on a salary package of £50,000 per annum, then you must make a one-off payment of 15% of X's salary package to PRO CREWS (in this case, £7,500).
1.3.PRO CREWS makes no representations and gives no warranties in relation to any Temporary Staff Member engaged by a Client.

2. DIRECTOR'S GUARANTEE

2.1. If the Client is a company, either the Managing Director, the Financial Director or an authorised manager of the Client must provide the signed Guarantee to PRO CREWS.
2.2 PRO CREWS is not required to provide the services of a Temporary Staff Member under this Agreement until a signed guarantee which satisfies the management of PRO CREWS is received.




3. OPERATING HOURS
The Client acknowledges and agrees that:
3.1. PRO CREWS normal working hours of operation are 09:30 - 12:30, 13:15 - 17:00. Monday to Friday (excluding Public Holidays)
3.2. All bookings MUST be made using the Online Booking System. Any bookings made via telephone may be refused unless the booking is confirmed via email.
3.3. Outside normal working hours, the Online Booking System must be used to make bookings.
3.4. If the Client has made a booking outside normal working hours, then for the purposes of amending shifts, or locating Temporary Staff Members, PRO CREWS can be contacted by telephone 24 hrs a day 7 days a week but not for the purpose of complaints.
3.5. Any amendments, alterations or cancellations of shifts must be made via email to admin@procrews.co.uk
3.6. In the event of any accident/injury to any of PRO CREWS's Temporary Staff Members on the worksite PRO CREWS can be contacted 24 hrs a day 7 days a week by telephone.

4. BOOKINGS/GENERAL
The Client acknowledges and agrees that:
4.1. PRO CREWS provides the services of Temporary Staff Members to assist the Client in the implementation of their events and do not guarantee the quality or availability of Temporary Staff Members at any given time.
4.2. If cancellations (for general crew) are made within 24 hours of booking PRO CREWS Temporary Staff Members the Client will be charged at half the normal rate.
4.3. If cancellations (for general crew) are made within 12 hours of the Client booking Temporary Staff Members, the Client will be charged at the full rate.
4.4. 100% Cancellation fee will be charged for all activities that are not general crew, If cancellations are made within 72 hours . Non-general crew workers are, for example, Riggers, Audio Technicians, AV Techs, Lighting Operators, Heavy Vehicle Drivers, Forklift Operators, MEWP Operators. Anything other than 'General Crew' cannot be cancelled without attracting a 100% cancellation fee.
4.5. The Client will pay all invoices within 30 days of receipt either by direct Electronic Funds Transfer (EFT) to the PRO CREWS account, which appears on the bottom of the invoice, or by sending a cheque made out to PRO CREWS and posted to 343 New Hey Road, Salendine Nook, Huddersfield, HD34GR; and
(a) All EFT payments must have the invoice number attached; and
(b) If the invoice number is not catalogued on the EFT transaction otherwise a £30.00 administration fee is payable by the Client.
4.6. All late payments of Invoices will incur a monthly Statutory rate (Reference rate +8.5%) interest (per month) + charged on overdue Invoices [30] days after receipt of the invoice.
4.7. Any queries of the invoice concerning dates / times / crew numbers/ breaks / skills / rates etc must be made within 24 hrs of receipt of the invoice. After 2 working days following receipt of the invoice, the invoice will no longer be subject to amendments.
4.8. No Temporary Staff Members contact details will be given to any Client either by the office or by them.
4.9. All changes to shifts can only be done via the PRO CREWS office, never with Temporary Staff Members directly.
4.10. Any bookings made directly with PRO CREWS Temporary Staff Members will not be considered to be valid.

5. BREAKS/PENALTIES
The Client acknowledges and agrees that:
5.1. Temporary Staff Members must be given a half hour break every four hours unless their shift is due to finish in the fifth hour
5.2. All Public Holidays will be charged to the Client at time and a half and a minimum 6 hr call
5.3. Christmas day, and New Years Eve and New Years Day will be charged at double rate (minimum 6 hours)
5.4. Temporary Staff Members that are referred to as General Crew in our quote have a minimum 2 hour call in TFL zone 1 & 2 a minimum 4 hour call outside of those zones. Any other Temporary Staff Members referred to as simply "Skilled" have a minimum 6 hour call out.
5.6. Temporary Staff Members referred to as "Crew Chiefs" will be booked on any job with four or more crew (i.e. three crew plus a crew chief), to administer the crew for PRO CREWS and the Client. (Supplement Charges apply)
6. DRESS REGULATIONS
The Client acknowledges and agrees that:
6.1. PRO CREWS endeavours to ensure that Temporary Staff Members supplied in a "Corporate Environment" i.e., hotels that PRO CREWS Temporary Staff Members can be expected to wear neat, long black pants in winter (Dark jeans and cargo pants acceptable if they are clean and in good condition), black shorts in summer (clean and in good condition) Safety boots (steel capped), the PRO CREWS Black 100% short-sleeved cotton polo shirt. (clean and in good condition).


7. Pro Crews Ltd
The Client acknowledges and agrees that:
7.1. All pro Crews considerations such as Site Inductions, Work Method Statements, Job Safety Analysis, and Risk Assessment must be done by the Client and must cover any PRO CREWS Temporary Staff Members provided by PRO CREWS.
7.2. It will ensure a safe working environment relating to the health and safety and welfare of all Temporary Staff Members working with you and comply at all time with all UK/EU regulations relating to employees, including without limitation regulations dealing with anti-discrimination and sexual harassment.
7.3. It will indemnify and keep indemnified PRO CREWS from and against all damages losses expenses claims or actions incurred by PRO CREWS or for which it or its employees, subcontractors and/or agents may become liable by you to comply with your obligations under any relevant UK/EU legislation relating to employee's.
7.4. PRO CREWS have Temporary Staff Members all over the place at any one time working in many venues sometimes with only an hour or two notice and cannot be expected to perform a safety assessment of every venue.
7.5. It is expected to make sure that PRO CREWS Temporary Staff Members are working in a safe environment within Pro Crews guidelines as soon as they arrive on site for a job and the Client assumes full Pro Crews responsibility for them, until that job ends.
7.6. They will never ask a PRO CREWS crew member to perform any task that is physically beyond him/her or that is against Pro Crews regulations.
7.7. They will always provide supervision for PRO CREWS Temporary Staff Members for the duration of the job.
7.8. Any Personal Protective Equipment which may be required for a certain job such as Hard Hats or Safety Vests must be supplied by the Client if a staff member does not already have his or her own.
7.9. All PRO CREWS Temporary Staff Members will be wearing steel capped safety boots at all times, provided by themselves and if they are not the Client will not allow them to continue working and contact PRO CREWS's office immediately.
8. FORKLIFT/EWP/HEAVY VEHICLE OPERATORS
The Client acknowledges and agrees to:
a. Never ask a PRO CREWS Temporary Staff Member to operate machinery that he/she is unticketed for and will hold harmless PRO CREWS for any act, omission or negligence by that Temporary Staff Member for a failure to acknowledge this clause.
b. Never expect a PRO CREWS Temporary Staff Member to drive a vehicle if they do not possess a current driver's license or to drive a truck if they do not have the correct license and will indemnify, hold harmless for any act, omission or negligence by that Temporary Staff Member for a failure of the Client to acknowledge this clause.
c. Guarantee that all equipment to be used by any PRO CREWS Temporary Staff Member is deemed safe and has all the necessary Pro Crews regulations/documentation/log books etc up to date.
d. Guarantee that the equipment has been serviced regularly.
e. Not willingly/intentionally expect an PRO CREWS Temporary Staff Members to operate faulty equipment or equipment that is not functioning to 100% of it's capacity.
f. If the equipment was deemed to be fine at the beginning of a shift, but at some point during the shift the equipment broke down or became faulty, the PRO CREWS Temporary Staff Members will not be expected to keep operating the equipment.
g. Ensure that the particular PRO CREWS Temporary Staff Members have the correct ticket/license on them prior to allowing the PRO CREWS Temporary Staff Members to operate the equipment.
h. Not expect PRO CREWS Temporary Staff Members to use equipment in any way beyond its capacity or what it is legally allowed to do.
i. Never expect PRO CREWS Temporary Staff Members to drive a truck if you have overloaded its weight capacity. It is up to the Client to plan the amount of weight going into a truck and if it is heavier than legally allowable, PRO CREWS will hold the Client company responsible for any problems which may ensue.
j. If an PRO CREWS Temporary Staff Members is driving a vehicle such as a van or heavy vehicle and he/she receives a parking ticket, PRO CREWS deem it to be the result of instructions given by your crew to our PRO CREWS Temporary Staff Members and will not be held responsible for parking tickets.
k. In respect to Red Light Cameras/Speeding tickets/Driving Infringements hold PRO CREWS Temporary Staff Members to be responsible for any driving infringements.
9. RIGGING
The Client acknowledges and agrees that:
9.1. If they wish to book the services of an PRO CREWS Temporary Staff Members as a Rigger, that PRO CREWS strongly advise that they book him/her through PRO CREWS during the planning process of your job to assist you in acknowledging the regulations required by law and in organising the correct equipment for the job. This Rigging Consultation service will be provided at standard rigging rates (Please ask the office), min half day or full day rates apply.
9.2. If you contract an PRO CREWS Temporary Staff Member as a Rigger without having consulted us in advance, then PRO CREWS reserves the right to refuse the job if:
i. You have a greater amount of weight to rig than the points, beams or roof will allow;
ii. You do not supply the PRO CREWS rigger with Engineer's drawings of the Venue with the load bearings clearly marked;
iii. The PRO CREWS rigger deems any of the slings, chain blocks, motors or any rigging equipment supplied by you to be incorrectly rated or unsafe;
iv. The PRO CREWS rigger is not provided with a permanent "Groundie", also provided by PRO CREWS at standard rates, i.e. someone on the ground specifically assigned to the PRO CREWS Rigger for the duration of his/her shift for the purposes of clearing space for the EWP and keeping other people out of the way, preparing barricades etc.
v. Clear Rigging Plans are not supplied detailing the exact location of points, the estimated load to be rigged and the load bearing of the beams or points; and
vi. If any of the above conditions are not met, the discretion of the PRO CREWS Rigger provided will determine whether we will undertake the job. If our Rigger deems it unsafe to proceed under the conditions you have provided, PRO CREWS will expect to receive payment for the job as if it had gone ahead, at the rates and for the times quoted to you, the Client.
10. GENERAL GOOD TREATMENT OF CREW
The Client acknowledges and agrees that:
10.1. It will not leave PRO CREWS crew stranded in difficult places after normal working hours. For example, where possible, crew should finish a job at the same place that they start. If you wish for PRO CREWS crew to go back to your factory late at night, please advice PRO CREWS of this at the time of the booking and PRO CREWS will endeavour to get someone on the bump out that has transport for the crew. If this is not done then it is a condition of hire that the Client provides that crew with a taxi fare or transport home.
10.2. Crew booked through PRO CREWS are auxiliary crew to their own and will be treated the same as their own crew including but not limited to due respect, meals and breaks.
10.3. It or its staff will not yell at PRO CREWS crew, speak down to them or threaten them in any way as most accidents occur when people are rushing or in an angry mood.
10.4. PRO CREWS Crew Chiefs and Supervisors are briefed to rest the crew for ten minutes in the event of any ugly incidents occurring and this policy is to be strictly enforced and done purely to maintain a safe work environment and to prevent any accidents from occurring.
10.5. Any complaints made by members of their crew should be passed on to senior management at their company and then directed to a member of PRO CREWS management during PRO CREWS normal working hours only.
10.6. If a member of their crew proves to become a persistent problem to PRO CREWS crew members, PRO CREWS reserves the right to demand those PRO CREWS crews are never to be put on the same jobs as that particular person.
10.7. As at the date of acceptance of this Agreement all temporary staff placed in accordance with this Agreement are under the Clients direction and control for the period of the job, therefore they are responsible for all acts, errors and omissions whether wilful, negligent or otherwise of such temporary staff.
10.8. PRO CREWS does not accept any liability for loss, expense or damage arising from any act, omission or negligence of any temporary staff and you release PRO CREWS from all liability for any loss, act or omission and / or negligence of any PRO CREWS temporary staff.
11. TERMINATION
11.1. If the Client does not comply with any terms of this Agreement, PRO CREWS reserves the right to, amongst other things to immediately terminate this Agreement.
12. GENERAL
12.1. A party must not assign or permit a third party to obtain the benefit of its rights and interests under this Agreement except with the prior written consent of the other parties which will not be unreasonably withheld.
12.2. A party must not make any public disclosure, communication or announcement about this Agreement except with the prior written consent of the other parties.
12.3. A party must do everything necessary or desirable to enable each other party to observe and perform its covenants and obligations under this Agreement.
12.4. None of the terms of this Agreement, or anything done under or by virtue of this Agreement or any other Agreement, instrument or document, or judgment or order of any court or judicial proceeding, will operate as a merger of any of the rights and remedies of the parties under this Agreement, and those rights and remedies will at all times continue in force.
12.5. If any provision of this Agreement is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.
12.6. If, notwithstanding cl 12.5 a provision is still void, voidable, unenforceable or illegal:
(a). if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and
(b). in any other case, the whole provision is severed; and the remainder of this Agreement will be of full force and effect.
12.7. Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of that provision in another jurisdiction.
12.8. This Agreement will be binding upon and inure to the benefit of the parties and, unless repugnant to the sense or context, to their respective administrators, personal representatives, successors and permitted agents and assigns.
13. Governing law and interpretation
13.1. This Agreement will be governed by and construed in accordance with the law for the time being in force in United Kingdom and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of the England and Wales, and Northern Ireland law,
13.2. In this Agreement except to the extent that the context otherwise requires:
a) "Engage" and "Engagement" means to hire, engage, employ or use the services of a Temporary Staff Member (whether on a permanent or casual basis or under a contract of service or for services).
b) "Introduce" means any means or process by which PRO CREWS has introduced a Temporary Staff Member to the Client. This includes where the Temporary Staff Member has been supplied by PRO CREWS under an earlier contract between PRO CREWS and the Client to carry out work or provide services or skills for the Client.
For example: 9 months ago, PRO CREWS provided you with the services of X for a job. As a result PRO CREWS has introduced you to X and you must pay the fees set out in clause 1 regardless of whether:
o you approached X directly;
o X approached you directly looking for work
o X gave you his or her resume at any time (even if the resume was given to you before PRO CREWS provided the services of X to you);
o X responded to your job advertisement; or
o if X has previously worked for you when you were at a different company or did work for you personally.
d) "Remuneration" includes base salary, cash, wages, employer funded component of superannuation, guaranteed and anticipated bonus and commission earnings, allowances and all other payments and emoluments payable to or receivable by a Temporary Staff Member once Engaged by the Client.
E) "PRO CREWS" means PRO CREWS Ltd
f) "Terms" means the terms of this Agreement.
g) "You" or "Your" means the person or entity with which PRO CREWS has placed temporary or permanent staff.
h) "Temporary Staff Member" includes reference to crew, rigger and or person engaged by PRO CREWS to provide services to the Client under this Agreement.
i) any term defined in the statement of the names and descriptions of the parties has the meaning there defined;
j) reference to legislation or a provision of legislation includes change or re-enactment of the legislation or a legislative provision substituted for, and legislation and statutory instruments and regulations issued under, the legislation;
k) words denoting the singular include the plural and vice versa;
l) words denoting individuals or persons include bodies corporate and trusts and vice versa;
m) headings are for convenience only and will not affect interpretation;
n) reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;
o) reference to a document or Agreement includes reference to that document or Agreement as changed, novated or replaced from time to time;
p) words denoting any gender include all genders;
q) where a word or phrase is given a definite meaning in this Agreement a part of speech or other grammatical form for that word or phrase has a corresponding meaning;
r) reference to an amount of money is a reference to the amount in the lawful currency of the United Kingdom;
s) reference to a time and date concerning the performance of an obligation by a party is a reference to the time and date in United kingdom even though the obligation is to be performed el