This contract sets out the terms of business between Marble Commercial Contracting (“Marble”) and you (the Contractor) when you provide promotional and marketing services to our client, Kreate Many Limited.
Provision of Services
- The contractor is engaged on a self-employed basis and acknowledges that it is not an employee or worker of Marble or its client and not therefore entitled to employment or worker rights such as holiday pay, sick pay or notice.
- The Contractor shall be paid gross without any deduction for PAYE or National Insurance Contributions and will be responsible for notifying HMRC of its income under self-assessment.
- By continuing to provide Services to Marble and its client, you confirm that you are skilled and experienced in the services and will act in a professional manner. The Contractor shall not be subject to supervision, direction or control as to the manner in which it provides the services (except for any health and safety requirements) and agrees to notify Marble without delay if the Contractor believes this to be incorrect at any time.
- The Contractor is under no obligation to provide any services to Marble or its client at any time and understand that equally, Marble is under no mutual obligation to continue to provide any work. This contract may be terminated at any time by either party.
- The Contractor shall have full autonomy over which assignments it makes itself available for and therefore retains full control over what services it is willing to provide, along with when and where it is willing to work. Marble accepts that it will have no control over the manner in which the Contractor provides services.
- You are free to provide services to any other parties at any time and Marble understands that it does not have first call or priority on the Services you provide.
- This is not a contract for the personal performance of the Services by the Contractor. Marble and its client have a need for the type of Services provided by the Contractor, but this contract is not conditional upon a specific person providing the services.
- The Contractor may engage any person it considers appropriate to perform the Services, including any replacements or substitutes thereof. The Subcontractor warrants that any person providing the Services on its behalf shall be suitable and have the experience necessary to provide the Services to a high standard.
Payment
9. The Contractor shall be paid at a rate negotiated between the parties from time to time. If the Contractor is VAT registered, it agrees to provide a copy of its VAT registration certificate before any payments for VAT can be made.
10. The Contractor shall not receive payment for any periods where services are not provided, and you will receive no payment for any cancelled works.
11. The Contractor is responsible for its own travel arrangements and associated expenses incurred unless this has been otherwise agreed in writing with Marble or its client. Marble is under no obligation to reimburse expenses.
12. Marble is under no obligation to make any payment to the Contractor unless it has been instructed to do so by its client, upon the completion of the services provided.
13. In the event of an overpayment being made to you, you agree to return any excess payment to Marble without unreasonable delay. If you are still providing services to Marble, Marble reserves the right to offset any overpayment against any further sums due.
General
14. Save as where expressly provided in this contract for services, the Terms & Conditions represent the whole agreement between Marble and the Contractor when it provides services, and supersedes any other written or verbal contract, agreement, arrangement or understanding.
15. Any amendment to these Terms & Conditions will only take effect with the agreement in writing by both parties.
16. Failure by Marble to exercise its rights against any specific contractual breach of this contract does not constitute acceptance of that breach, any future breaches or any breach of any other contractual term.
17. Breach of any specific contractual term of this contract does not invalidate or nullify any other contractual term contained within this contract.
18. By signing these Terms & Conditions the Contractor agrees and confirms that it has fully read and understood the Terms & Conditions in this contract and has had the opportunity to seek legal advice before signing.
19. This contract for services is governed by English Law and any dispute relating to this contract for services will be subject to the jurisdiction of the English Tribunals and Court system.
