2.1

The Jasper Platform connects health and social care providers with care professionals. It enables You to find temporary roles more efficiently and effectively. When You create an account on the Jasper Platform, You will be able to:

2.1.1

create a profile which We will make available Hirers;

2.1.2

view details of Assignments posted by Hirers and apply for those Assignments;

2.1.3

edit Your profile and Your account details;

2.1.4

post timesheets for actioning by a Hirer;

2.1.5

provide feedback or comments relating to the relevant Hirer or the Assignment.

2.2

The Jasper Platform will identify potential Assignments for you, based on the information You provide, along with details of how much You will be paid. You will be able to choose which Assignments You wish to apply for. You are not charged any fee for using the Jasper Platform.

2.3

We use a ranking system to determine the order in which You see Assignments on the Jasper Platform. The ranking is determined by a combination of factors, which may include: (i) information You have provided to Us about Yourself and the Assignments You are interested in; (ii) information provided by Hirers; (iii) popularity metrics, such as the number of views of a particular Assignment or of a Candidate's profile; (iii) location of Assignments; (iv) reviews and feedback; or (v) paid promotional placements.

2.4

When You apply for an Assignment, you will be engaged by Us, acting as an Employment Business, in accordance with the Conduct Regulations. The only exception is where a permanent placement results, in which case We will be acting as an "employment agency" as defined within the Conduct Regulations. Accordingly, You will be deemed to be a "worker" under a contract of service with Us. You will not have any direct contractual relationship with the Hirer in relation to the Assignment. These Terms do not give rise to a contract of employment between You and Us. You will be engaged as a PAYE agency worker, and We are required to make statutory deductions from Your remuneration, as set out below.

2.5

Subject to Your compliance with these Terms, Jasper grants You a non-exclusive, non-transferable, non-sublicensable, royalty-free, limited, revocable licence to use the Jasper Platform in accordance with these User Terms.

2.6

You acknowledge and agree that all intellectual property rights in the Jasper Platform are owned by Jasper, its Group, and/or its licensees.

3.1

When You sign up to the Jasper Services and the Jasper Platform, You will be asked to create a User Account. When doing so, You will be asked to provide certain information such as Your full name, address, and contract details, including Your telephone number and email address.

3.2

You must be at least 18 years of age to create a User Account and to use the Jasper Platform and the Jasper Services. All information You provide to us must be accurate and complete. You must make sure that You keep all information up to date using the Jasper Platform. The information You enter, such as Your name and email address, must be valid and accurate. We will delete any accounts that We believe are fake, or operated by bots.

3.3

You must ensure that You keep Your account secure. You must tell us immediately if You become aware that Your account has been compromised.

3.4

If You choose, or You are provided with, any user identification codes, passwords or any other pieces of information in order to access the Jasper Services or the Jasper Platform, You must treat such information as confidential, and You must not disclose them to any third party.

3.5

We have the right to suspend or disable your User Account/access to the Jasper Platform, or to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms; if We believe Your user identification has been compromised or if We otherwise believe there is a security risk.

3.6

You are responsible for making all arrangements necessary for You to have access to the Jasper Services and the Jasper Platform. You are also responsible for ensuring that all persons who access the Jasper Platform through Your internet connection are aware of and comply with these Terms.

3.7

From time to time, You may be unable to access Your User Account for technical reasons. This includes if We make updates to the Jasper Platform.

3.8

We may cancel Your right to use of the Jasper Platform at any time for convenience. If we do this, we will give You at least 30 days' notice, explaining our reasons.

4.1

You must comply at all times with the following conditions of use:

4.1.1

You must comply with all applicable laws and regulations and will not use the Jasper Platform for any improper or fraudulent purposes; and

4.1.2

You must not use the Jasper Platform for any commercial gain, outside of any business relationship with Jasper, as set out in these Terms.

4.1.3

You acknowledge that Your use of the Jasper Platform may be subject to third-party terms, including but not limited to, the terms of any relevant app store. You must comply with any such terms.

4.1.4

You will not (nor allow third parties on Your behalf to):

(a) make and distribute copies of any part of the Jasper Platform;

(b) attempt to copy, rent, sub-licence, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse any part of the Jasper Platform;

(c) seek to damage, interfere with or disrupt the Jasper Platform in any way, whether through the introduction of a virus or otherwise;

(d) create derivative works of the Jasper Platform of any kind whatsoever;

(e) use any process to survey, monitor, copy, or scrape any material, content or data comprised in the Jasper Platform;

(f) use any technology that in any way interferes with Our Platform;

(g) introduce any viruses, trojan horses, logic bombs, worms, or other similar technology to attempt to gain access to any part of the Jasper Platform, or an data, computers or servers; or

(h) introduce any denial-of-service attacks, distributed denial-of-service attacks or anything similar.

4.2

You are responsible for paying any third party charges in order to use the Jasper Platform, including but not limited to any data charges levied by any mobile network providers.

4.3

You must not do anything that calls into question or challenges any of Our rights, or those of Our Group, including, without limitation, any of our intellectual property rights in the Jasper Platform.

4.4

You must not do anything which might damage the reputation of Our brand, business or the Jasper Services, or which might bring Us, the Jasper Services, the Jasper Platform, or Our business, or into disrepute.

4.5

We may in our discretion remove You from, and disable Your access to, or suspend Your use of, the Jasper Platform if We receive complaints about You from others who use the Jasper Platform, or if We have concerns about You. For example if We have concerns about Your compliance with health and safety requirements, the authenticity of Your profile, Your suitability for, or Your qualifications required to provide services; or Your compliance with regulatory or legal requirements.

4.6

You must ensure that any feedback, reviews, comments, or other content You post is reasonable, balanced and fair. We may in Our discretion remove anything which We believe is offensive, defamatory, illegal, harmful, inaccurate, or un-balanced. In addition We may in Our discretion disable Your access to the Jasper Platform and disable Your User Account if You post such content.

4.7

When You create an account with Us, We will use any images, text, video, data, information, or other materials ("Materials") You provide, to create a profile for You so that You can view and apply for Assignments on Our Platform. You hereby grant Us, and Our suppliers who help Us manage and develop the Jasper Platform and Our Services, a non-exclusive worldwide licence to use the Materials You provide to Us, for the purpose of providing the Jasper Services. We may, in our discretion, remove any Materials which We believe are offensive, defamatory, illegal, or harmful and cancel Your account. You must not use the Jasper Platform to post any commercial messages or content, to publicise or advertise Your own business, or for any other commercial purposes.

4.8

When You access the Jasper Platform, You will be able to view content and information posted by others, including Hirers and Candidates. This includes without limitation, their image, information they have shared about themselves/individuals, and other materials they may make available. You may use this information solely for the purpose of reviewing whether You wish to apply for Assignments. You may not share it with any third parties, or use it for any other purpose, or use such information in any other way, including without limitation in any way which might cause harm to the Hirer, other Candidates, Us, or anyone else, or which in any way violates their rights.

5.1

We may release updates, patches, or new versions of the Jasper Platform from time to time. You must promptly install such updates to ensure the security and functionality of the Jasper Platform.

5.2

You acknowledge and agree that:

5.2.1

the Jasper Platform is provided over the internet and mobile networks and thus the quality and availability of the Jasper Platform may be affected by factors outside Jasper's reasonable control; and

5.2.2

We do not accept any responsibility whatsoever for unavailability of the Jasper Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Jasper Platform being unavailable.

5.3

We use commercially reasonable endeavours to maintain the Jasper Platform. However, We do not make any promise to provide any support or maintenance for the Jasper Platform. The Jasper Platform is provided 'as is' and 'as available' without warranty of any kind. We give you no guarantee that Your use of the Jasper Platform will be uninterrupted or error free.

5.4

We may temporarily suspend access to the Jasper Platform for any reason, including in order to carry out maintenance or make improvements to it. We reserve the right to terminate or suspend Your access to the Jasper Platform at any time, for any reason, including but not limited to any breach of these Terms.

5.5

To the maximum extent permitted by law, We exclude all implied warranties in relation to the Jasper Platform.

6.1

The Jasper Platform will identify Assignments for You, based on the information You have provided. Once You have selected a particular Assignment, the Hirer will be automatically notified. Once Your request is received, the Hirer must indicate via the Jasper Platform whether they accept. Once a Hirer has accepted Your application, You will receive a Temp Schedule from Us which confirms that the Assignment has been accepted. You will be bound in respect of such Assignment once We have shared such Temp Schedule with You.

6.2

If You require any reasonable adjustments to be made because You have a disability or health condition You must notify Us and the Hirer as soon as possible before the start of the Assignment. You must give the Hirer enough time to make such reasonable adjustments.

6.3

Once the Assignment is confirmed, We will provide You with a Temp Schedule confirming the details of the Hirer, details of how much You will be paid, the duration of the Assignment, a description of the Services, notice periods and any other relevant details.

6.4

The Temp Schedule may be provided via email or via the Jasper Platform, or other means we deem appropriate. The Temp Schedule forms part of Your contract with us. We will use reasonable endeavours to ensure each Temp Schedule is accurate. However, if We need to correct any error or mistake in the Temp Schedule We will notify You, and re-issue the relevant Temp Schedule.

6.5

In relation to each Assignment, You must promptly submit accurate time sheets via the Jasper Platform. You are responsible for making sure Your time sheets are accurate and that they are submitted in a timely manner. Inaccurate, late, or disputed timesheets may result in a delay in payment.

7.1

When You sign up to use the Jasper Platform and the Jasper Services, We will carry out Our standard background checks and screening on You. However, the Hiring Organisation will be responsible for You in relation to any specific Assignment and may need to check various information such as Your immigration status; Your right to work; identity checks; and any other applicable checks necessary before permitting You to commence any Assignment. Each Assignment is conditional on You passing these checks and confirmations. If the information obtained in relation to them is not satisfactory, then You acknowledge and agree that an Assignment may be cancelled without any liability to You. This may overlap with some of the information we ask You to provide. It is a condition of using the Jasper Platform and these Terms that You must comply with Our and the Hirers' various checks.

7.2

Our standard background checks and screening process includes the following:

7.2.1

We will take reasonable steps to review Your identification information/documentation and comply with applicable UK Government guidelines;

7.2.2

We will obtain information about Your experience and English language skills;

7.2.3

We will obtain appropriate references and carry out Our standard checks in relation to professional certificates;

7.2.4

if applicable, We will check the NMC registration database for any practice restrictions;

7.2.5

We will request copies of DBS certificates and carry out online DBS checks; and

7.2.6

We will obtain confirmation from You that You possess professional indemnity insurance.

7.3

We may vary Our screening and background checks process at any time in Our discretion. We may use a third party to carry out screening and/or background checks on Our behalf. You acknowledge that such third parties may ask You to provide certain information, such as electronic versions of documents. You agree to ensure that You provide such information accurately, and honestly. You must not falsify or edit any information You provide to us as part of Our checks or provide any misleading information.

8.1

We may end as Assignment if We receive notice from a Hirer that You have not performed an Assignment, or aspects of an Assignment, in accordance with their requirements. We may also end an Assignment if We become aware, or someone has reported, that You have committed misconduct. In such circumstances if a Hirer has reported non-performance or misconduct, We will ask them to provide reasonable details.

8.2

You agree to promptly report any concerns about any Assignment to Us.

8.3

We may cancel any Assignment:

8.3.1

immediately by giving You notice in writing if You are in breach of any of these Terms;

8.3.2

immediately if We receive notice that You are suspected of any substantial non-performance or serious misconduct;

8.3.3

prior to the end of such Assignment on written notice for convenience, subject to the following:

(a) if We cancel an Assignment less than 12 hours before the Assignment is due to start, You will be entitled to half of the full amount which would have been due, had the Assignment been completed in full; and

(b) if We cancel an Assignment less than 6 hours before the Assignment is due to start, You will be entitled to the full amount which would have been due, and the Assignment been completed in full.

8.4

Your right to receive the payment set out in 8.3.3(a) and 8.3.3(b) only applies if We cancel an Assignment for convenience. It does not apply if We cancel an Assignment because You have breached these Terms or for any other reason.

8.5

You may terminate an Assignment prior to the end of such Assignment by providing the period of notice set out in the relevant Temp Schedule, if applicable. In such circumstances You will not be entitled to any further payment.

8.6

We may, in Our absolute discretion and at any time, terminate any Assignment upon immediate notice without liability if in Our opinion You are not suitable to provide the relevant Services, or if You breach any of these Terms.

9.1

Each Assignment will end on the date specified in the Temp Schedule. An Assignment may be extended by mutual agreement by You and Us, in which case a new Temp Schedule shall be provided (or the existing Temp Schedule updated).

9.2

If You continue to perform the Services or any other services for a Hirer at the express request of the Hirer and Us, which go beyond the end of Assignment date set out within the applicable Temp Schedule, then the Assignment shall be deemed to be extended (and these Terms shall continue to apply) for an additional period until such time as such further agreement is entered into between the parties (the "Deemed Period").

9.3

The terms and conditions contained herein will be deemed to apply in respect of any Services or other services provided by You during the Deemed Period, except as stated in clause 9.4 below.

9.4

In addition to the any rights which We have pursuant to clause 9.3 above, We may terminate the Deemed Period and the extended Assignment at any time on notice with immediate effect, and any notice period detailed in the Temp Schedule will not apply.

10.1

You must:

10.1.1

ensure that you maintain all necessary registrations, certifications, and comply with all regulatory requirements applicable to Your profession;

10.1.2

look after the applicable working environment, treat others with respect, and behave in a manner which is courteous, professional and honest;

10.1.3

reasonably cooperate with the Hirer in carrying out the Assignment;

10.1.4

follow all relevant and applicable rules, policies and procedures of Hirer including but not limited to those relating to health and safety, site security and IT usage and security;

10.1.5

undertake all required training as required by Us or by the Hirer;

10.1.6

submit time sheets promptly and accurately using the Jasper Platform; and

10.1.7

notify Us immediately if You have any concerns about health and safety or working conditions in connection with any Assignment.

10.2

You must notify us immediately if:

10.2.1

You are arrested or accused of a criminal offence;

10.2.2

Your health changes in such a way as to affect Your suitability to work; or

10.2.3

any information You have provided (or provide in future) has changed in any way. This may include (but is not limited to) changes in relation to contact information (telephone numbers, residential address), or Your right to work or live within the UK;

10.3

During the Assignment You agree that:

10.3.1

You shall not do anything which is detrimental to the interests of Us or the Hirer, which includes anything that may bring Us or the Hirer into disrepute or which results in the loss of customers or business;

10.3.2

You shall take all reasonable steps to protect Your own safety and the safety of any other person who may be affected by Your actions during the Assignment;

10.3.3

You shall not at any time make any copy, abstract, summary or precis of the whole or any part of any document or other material belonging to Us except when required to do so in the course of Your duties under the Assignment in which event any such item will belong to Us;

10.3.4

if You are unable (or unwilling for any reason) to perform the work during the course of an Assignment, that You will let us know by no later than two hours before the first day of incapacity;

10.3.5

if either before or during the course of an Assignment, You become aware of any reason (including but not limited to any health issues or criminal convictions) why You may not be suitable for an Assignment, then You must notify Us immediately and cooperate fully with any further enquiries We may make;

10.3.6

You shall not at any time either during the Assignment or at any time afterwards, disclose to any person or corporate entity confidential information, nor use the same for Your own or any other person's benefit. This includes Our confidential information, and the confidential information of the Hirer;

10.3.7

You must immediately inform Us if You are subject to any complaint (whether made by the Hirer or by someone else) in relation to the Assignment;

10.3.8

You will arrange any appointments, including without limitation those relating to medical conditions, outside of the hours required by the Hirer to deliver the Services, wherever possible; and

10.3.9

You will immediately inform Us if You have any concern or an issue relating to the Assignment, the Hirer, Us or the AWR.

10.4

For the purposes of these Terms, and each Assignment, You confirm that:

10.4.1

You have, and will maintain, the experience, training, approvals, certifications, registrations, qualifications and any authorisations which We or the Hirer consider are necessary, or which are required by law, or by any professional body for You to perform the Services. You must promptly provide evidence of these to Us and to the Hirer upon Our request;

10.4.2

You have disclosed to us in full, all details, including the duration (including any breaks or absences) of any temporary assignments previously undertaken by You for the benefit of Hirer;

10.4.3

You are willing to undertake the Assignment for the Hirer;

10.4.4

all information and statements provided by You, whether oral or written, in relation to the Assignment including (but not limited to) in respect of clauses 10.4.1 and 10.4.2 are true and accurate;

10.4.5

You will perform the Services with a high degree of professional skill and care;

10.4.6

You are, and shall not be, prevented by any other agreement, arrangement, or restriction or any other reason, from carrying out Your full obligations in relation to these Terms and each Assignment;

10.4.7

You have, and will maintain, valid leave to enter the UK and to live, work and remain lawfully in the UK for the duration of the Assignment, and that You are not subject to any conditions or circumstances which may preclude or have an adverse effect on Your provision of the Services;

10.4.8

You do not have any criminal convictions that may reasonably affect Our decision or the Hirer's decision to offer any Assignment under these Terms; and

10.4.9

You are not relying on any statements or other representations made by Us or the Hirer prior to accepting these Terms, and/or prior to each Assignment, other than those set out in these Terms.

10.5

At the end of each Assignment, or at any time if requested by Us or the Hirer, You must immediately return all property, equipment, devices, materials, documents (including any copies You may have), security passes, electronic storage devices, and keys belonging to Us or the Hirer.

11.1

Your entitlement to leave commences on the date that You start an Assignment or a series of Assignments and for the purposes of this clause, the leave year commences on 1st January to 31st December following.

11.2

Under the Working Time Regulations 1998, You are entitled to 5.6 weeks paid leave per leave year (equivalent to 28 days for those working a 5-day week). If the Assignment starts and/or ends during a leave year, Your entitlement to paid leave in that year will be the 5.6 weeks multiplied by the proportion of the leave year during which the Assignment has been ongoing. All entitlement to leave must be authorised in advance and will be taken during the course of the leave year in which it accrues and none may be carried forward to the next year without Our express, written agreement.

11.3

Your entitlement to payment for leave accrues in proportion to the amount of time You have worked continuously on an Assignment during the leave year. The amount of payment to which You are entitled in respect of paid annual leave is calculated in accordance with, and in proportion to, the number of hours which You work on an Assignment. Any payments for leave will be calculated on the basis of rates paid during the Hirer's normal working hours (i.e. not including overtime).

11.4

During an Assignment, if You are entitled to paid leave and You wish to take it, You should notify Us in writing of the dates of Your intended absence giving notice of at least twice the length of the period of leave that You wish to take. We may refuse a leave request for specific dates at any time before the first date to which the request relates.

11.5

Where a Bank holiday or other public holiday falls during an Assignment and You do not work on that day, the public holiday will count as part of Your paid annual leave entitlement.

11.6

During an Assignment if You do not work on any days that You are meant to be working, We will treat this as if You have taken the relevant days as holiday unless You notify Us otherwise. If You were not entitled to holiday, or if Your holiday entitlement has been used up, then the days on which you did not work will be treated as unpaid leave.

11.7

At the end of an Assignment, We will make a payment to You in respect of any accrued holiday entitlement that has arisen but which You have not taken at the end of the Assignment.

11.8

We may make a deduction from Your final pay (and You hereby agree to such deduction) for any holiday taken in excess of Your entitlement, at the date of termination.

11.9

Following the Qualifying Period and where relevant in accordance with the AWR, We may vary clause 11.2 of these Terms, as We consider is appropriate. Any such variation will be set out within an Temp Schedule.

12.1

By accepting these Terms, You acknowledge and agree, that the weekly working limit of an average of 48 hours each week calculated over a 13 week period will not apply under the Working Time Regulations 1998. You may withdraw Your decision to opt out prior to the Assignment or by giving Us at least four (4) weeks' notice.

12.2

For the purposes of the Working Time Regulations, Your working time only consists of those periods during which You are carrying out activities or duties for the Hirer as part of the relevant Assignment. Time spent travelling to the Hirer's premises, lunch breaks, and other rest breaks will not count as part of Your working time for these purposes.

12.3

Notwithstanding clause 12.1, You must, in any event, ensure that You do not exceed the weekly working limit of 48 hours each week, taking into account all Assignment You may accept.

13.1

We will pay You based on an hourly rate as set out in the applicable Temp Schedule. The rate applies for each hour worked during an Assignment (to the nearest quarter hour). The rate specified in the Temp Schedule is specific to each Assignment.

13.2

Unless otherwise expressly agreed, You will be paid weekly in arrears by BACS following submission of a timesheet in accordance with the Temp Schedule. Your pay will be reduced by any statutory deductions which We may be required by law to make (e.g. income tax, National Insurance contribution, social security payments).

13.3

You are not entitled to receive payment from Us or from a Hirer for time not spent on an Assignment, except for statutory entitlement under relevant legislation or if We have expressly agreed otherwise in writing. You will be eligible for Statutory Sick Pay provided that You meet the relevant statutory criteria.

13.4

You will not be paid any mileage, travel, accommodation, or other expenses, except to the extent expressly agreed with a Hirer and set out in a Temp Schedule.

13.5

You acknowledge that You may be required to work extra hours in addition to those set out in the Temp Schedule in order to meet a business need of the Hirer. No premium rates will be paid for additional hours worked. Any extra hours worked during the weekend, and any work done on public holidays will be paid at the normal rates unless otherwise agreed and set out in the Temp Schedule.

13.6

Without limiting any of Our rights under these Terms, if We reasonably believe You have incorrectly been paid any amount, or if You owe us any money under or in connection with these Terms, We may recover such amount by deducting it from any amount which we owe You from time to time.

13.7

We shall pay You in respect of work done by You during an Assignment, whether or not We are paid by the Hirer in respect of that work.

13.8

Following the Qualifying Period and where relevant in accordance with the AWR, You agree that We may vary clauses 13.1, 13.2, and 13.4 of these Terms as is appropriate, and any such variation will be set out within a Temp Schedule and issued to You via the Jasper Platform or if we consider it necessary, via email.

13.9

We shall, if You are eligible, automatically enrol You into Our pension scheme in accordance with the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2014. You may choose to 'opt out' of this enrolment by giving Us written notification. Further information regarding eligibility and options in relation to this clause will be provided by Us on request.

If: (i) during the course of an Assignment; (ii) within the Relevant Period; or (iii) before the Assignment, the Hirer wishes to engage You directly, or through another agency or employment business, whether for a temporary or permanent position or assignment, You acknowledge and agree that We will be entitled to charge the Hirer a fee, or alternatively agree an extension of the hiring period. In addition, if the Hirer introduces You to a third party who subsequently engages You, We are entitled to charge the Hirer a fee.

15.1

You hereby assign to the relevant Hirer all past, present and future right, title and interest in any intellectual property rights of any description which You create (including without limitation, all intellectual property rights in all documents, materials, and data) in connection with any Assignment or the provision of the Services. We may at any time ask You to enter into a reasonable written confirmatory assignment with Us or the Hirer, which confirms that You have assigned such intellectual property rights to them.

15.2

You agree to waive any moral rights You may have in relation to any work You create as part of an Assignment. This includes the right to be identified as the author of any works, and any rights which would prevent or restrict anyone in any way from adapting a work.

15.3

You agree to keep confidential all confidential information which is disclosed to You in connection with Assignment, including, information labelled as being confidential, information which is expressly stated to be confidential, information about the rates You are paid, and any other information which ought reasonably to be considered confidential, taking into account their circumstances. This includes without limitation, information disclosed to You about the Hirer's organisation, the individuals who work for the Hirer, and individuals who use the Hirer's services (including information about their health or personal circumstances). This information is confidential and You must not disclose it to anyone else. This obligation of confidentiality shall apply before after and during an Assignment.

16.1

The Jasper Platform enables You to submit timesheets for work done during Assignments. All timesheets must be submitted using the Jasper Platform. Once submitted, the Hirer will review and approve the timesheet, provided that if the Hirer disputes a timesheet, then they will notify Us and we will investigate the issue. This includes potentially speaking to You about the timesheet. If We need to discuss this with You, We will contact You via the Jasper Platform, via email, by phone, or via other contact details You have provided to Us. If You become aware that You have submitted an incorrect timesheet, You must correct it immediately, using the Jasper Platform. If there is a problem, You may contact Us using the following contact details: info@jasperpersonnel.co.uk.

16.2

You must ensure that You have submitted an accurate timesheet each week using the Jasper Platform, showing the number of hours You have worked during the previous week. The timesheet must be submitted by 09:00 am on Monday for all work completed in the previous week.

16.3

You confirm that all timesheets will be true and accurate. You acknowledge that it could be a criminal offence if You falsify any timesheet, including but not restricted to, claiming work was performed for hours that it was not.

16.4

You acknowledge that failure to submit a timesheet or inaccurately submitted timesheets may delay payment. If there is a dispute or query about a timesheet, payment may be delayed while We look into the matter.

16.5

You must tell us immediately if You have any problems (or if You anticipate that You will have any problems) which may delay You in submitting any timesheets in accordance with this clause 16.

17.1

We will use reasonable endeavours to identify appropriate Assignments for You via the Jasper Platform, based on the information You have provided to Us. However, the nature of temporary work means that there may be periods when no suitable work is available. You acknowledge and agree that:

17.1.1

that the suitability of the work offered to You will be determined solely by Us;

17.1.2

We will not incur any liability to You if We are not able to offer any suitable Assignments;

17.1.3

Subject to clause 21.8, no contract will exist between You and Us during periods when You are not working on an Assignment; and

17.1.4

You are not obliged to accept any Assignment offered by Us through the Jasper Platform.

17.2

We are responsible for paying You for work done during the Assignment and for any PAYE, National Insurance and any other statutory deductions required to comply with legislation.

17.3

We will operate as a temporary work agency (as defined by the AWR).

17.4

Upon Your written request and following the Qualifying Period, We will, within 28 days from receipt of such request, provide to You a written statement in accordance with regulation 16 of the AWR.

18.1

Your use of the Jasper Platform and the Jasper Services is governed by Jasper's Privacy Policy, which you can access here: https://jasperpersonnel.co.uk/privacy.

18.2

You must review Our privacy policy in order to understand how We may collect, use, and share any Personal Data.

18.3

All Personal Data We Process in connection with an Assignment shall be deemed to be confidential information.

18.4

For the purposes of this clause 18, "Data Subject" has the meaning set out in, and will be interpreted in accordance with, Data Protection Legislation. For the avoidance of doubt, Data Subject includes any Candidate including You.

18.5

As well as Personal Data, We will access and store various data that is not personal data. This includes anonymised data about the way You have used Our Services and the Jasper Platform. We will store and use this data after Our contract with You has ended so that We can use it to develop and refine Our products and Services and improve the Jasper Platform.

19.1

The Jasper Platform is provided on an as-is basis. We give no warranty about its functionality, content, or accuracy, or that Your use of the Jasper Platform will be uninterrupted or error free, or that the Jasper Platform will be fit for any particular purpose.

19.2

Save where required by law, We are not liable to You for:

19.2.1

any loss of profits, loss of business, loss of revenue, depletion of goodwill, pure economic loss, loss of anticipated savings, damages, charges, expenses and/or similar losses; or

19.2.2

any special, indirect or consequential losses.

19.3

Save as required by law, Our sole aggregate liability to You arising under or in connection with these Terms will be limited to £10,000.

19.4

If You fail to give the correct period of notice to terminate the Assignment (set out within the Temp Schedule) this will constitute a material breach of these Terms. In such circumstances, You agree to pay Us for any loss We may suffer as a result, or for any loss suffered by the Hirer. This includes the cost of Us having to pay the Hirer to make alternative arrangements to cover the Assignment.

20.1

You agree to reimburse Us for the cost of any losses We may suffer, or costs We may incur, as a result of claims made against Us by third parties, or any costs We may incur, as a result of any breach by You of these Terms.

20.2

You agree to reimburse Us for:

20.2.1

any loss We suffer or costs We incur which arise because You have disclosed any confidential information;

20.2.2

any loss We suffer or costs We incur, because You have submitted a fraudulent timesheet or provided fraudulent information in relation to the Assignment, including any payments We may reasonably have to make to the Hirer to address this issue, including the cost of finding someone else to cover the Assignment;

20.2.3

any loss We suffer or costs We incur, because You have asserted Your employment rights, including but not limited to unfair or constructive dismissal, redundancy payments, pension, bonuses (discretionary or guaranteed) and other related benefits other than any entitlement in accordance with statutory rights including the AWR.

20.3

In relation to clauses 20.2.1 to 20.2.3, this includes reimbursing Us for any amounts We may pay the Hirer or a third party to settle any claims they make against Us, and for any reasonable legal costs.

21.1

These terms will come into effect on the date You click to agree to them and shall apply to each Assignment. Unless terminated earlier in accordance with these Terms, each Assignment will commence on the start date as set out in the Temp Schedule and will continue until:

21.1.1

the end date set out in the Temp Schedule; or

21.1.2

it is terminated in accordance with the provisions of these Terms.

21.2

We may terminate an Assignment at any time without liability by providing the period of notice set out in the Temp Schedule.

21.3

You may terminate an Assignment by providing the period of notice set out in the Temp Schedule.

21.4

We may, without liability, end any Assignment and instruct You to cease work on the Assignment immediately or on short notice at any time, if:

21.4.1

You have committed any breach of any of Your obligations under these Terms;

21.4.2

We or the Hirer reasonably believe that You have: (a) acted in breach of the rules and regulations applicable to the Hirer's own staff; (b) are not competent to carry out the Assignment; or (c) have been negligent in the performance of the Services;

21.4.3

the Hirer reasonably believes that You have not observed any of the confidentiality requirements applicable to You from time to time;

21.4.4

We receive any information which suggests that You are unsuitable to provide the Services in relation to the Assignment;

21.4.5

You are found to be guilty of unprofessional conduct, including but not limited to: (a) the distribution of pornographic, sexist, racist or other offensive or abusive material of any type by any means whatsoever; (b) intimidating, bullying or any behaviour which could be held to constitute harassment; (c) fraudulent activity of any kind; or (d) failure to follow the reasonable direction of Hirer;

21.4.6

You are guilty of any fraud, dishonesty or serious misconduct; or

21.4.7

the performance of the Assignment is prevented by Your incapacity for any reason (including but not restricted to illness).

21.5

You acknowledge that each Assignment is subject to and conditional on the continuation of the contract between Us and the Hirer. If Our contract with the Hirer is terminated for any reason, or the Hirer cancels the Assignment, the Assignment will cease with immediate effect without liability to Us.

21.6

We may, without liability, cancel an Assignment with immediate effect on any date prior to the date on which You are due to commence the Assignment, if We receive notice from You to terminate the Assignment or not to proceed with it.

21.7

If You do not indicate Your availability for work for a period of four weeks, We will share Your P45 via the Jasper Platform, by email or to such address as we may hold for You on our records.

21.8

On expiry of termination for any reason of these Terms, any provisions that expressly or by implication are intended to come into or continue in force on or after such termination or expiry shall remain in full force and effect, including the following provisions: clauses 1, 2.6, 2.7, 4.1.2, 4.1.4, 4.6, 4.8, 10.5, 14, 15, 19, 20, 25, and clause 26.

We may make changes to these Terms relating to Your use and access of the Jasper Platform at any time, by notifying You through the Jasper Platform, by email, or by using the contact details You have provided to Us. You will be asked to accept the changes. If You do not accept the changes, We may terminate Your right to use the Jasper Platform, and You will no longer be able to access and use it. We will give you at least 15 days' notice of any changes. If You continue to accept or perform Assignments, You will be deemed to have accepted the updated Terms.

If You require support in relation to Your use of the Jasper Platform, You can contact us using the following contact details: info@jasperpersonnel.co.uk

24.1

These Terms will take effective on the date on which You click to accept them. You agree that they contain the entire agreement between the parties in relation to their subject matter. These Terms prevail over any previous terms of business, agreement or any purchase conditions put forward by You.

24.2

Where there is a conflict between the main body of these Terms and any Temp Schedule, the main body of these Terms will take precedence, except where expressly provided for, or agreed as a variation set out within Temp Schedule.

24.3

Headings contained in these Terms are for reference purposes only and will not affect the intended meanings of the clauses to which they relate.

24.4

We are not liable for any delay or failure in performance of Our obligations to You where this arises from matters outside Our reasonable control.

24.5

Any failure by Us to enforce at any particular time any one or more of these Terms will not be deemed a waiver of such rights or of the right to enforce these Terms subsequently.

24.6

These Terms are personal to You, and You may not assign them without Our prior written consent.

24.7

If any provision, clause or part-clause of these Terms is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of these Terms will remain in full force and effect to the extent permitted by law.

24.8

Subject to clause 24.9, no provision of these Terms will be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 ("the Act"). This does not, however, affect any right or remedy of a third party that exists or is available independently of the Act.

24.9

In relation to clause 15.1, the Hirer shall have the right to enforce such clause as a third party, as if they were a party to this contract.

24.10

These Terms supersede all previous agreements or representations whether written or oral. To the extent You have provided, or provide Us with, any of Your terms and conditions, any such terms and conditions shall be deemed not to apply. These Terms may not be modified or amended except in writing and signed by one of Our duly authorised representatives.

25.1

You must send any notice required to be given under these Terms by hand or sent by prepaid first class post to Our registered address stated at the beginning of these Terms.

25.2

We may send notices to You to Your registered address, or to any business address on any correspondence You are using from time to time. We may also send notices to You by email to such email addresses as You may use to communicate with Us from time to time, or via the Jasper Platform.

25.3

Notices in connection with these Terms will be deemed to have been given and served:

25.3.1

if delivered by hand, at the time of delivery provided that they are delivered before 17.00 pm on a business day. If delivered after this time, they shall be deemed to have been given and served at 10.00 am on the next business day after the day of delivery;

25.3.2

if sent by e-mail, or via the Jasper Platform, at the time of sending if sent on a business day before 17.00 p.m. or in any other case at 10.00 a.m. on the next business day; or

25.3.3

if sent by prepaid first class post, 48 hours from the time of posting.

25.4

For the avoidance of doubt and for the purpose of this clause, a "business day" will mean any day excluding Saturday, Sunday and public holidays.

26.1

In the event any dispute arising out of or in connection with this Agreement, the parties shall first seek to resolve the dispute amicably. You should contact Us using the following contact details 91 High Street, Worle, Weston-Super-Mare, BS22 6ET, so that We can handle Your enquiry via Our internal complaints handling process.

26.2

If the dispute cannot be resolved, either of Us may propose to the other in writing that the dispute is referred to mediation. The other party shall consider such proposal. Any such mediation shall be conducted by a mediator agreed between the parties. We may be prepared to consider mediation facilitated through the following organisations:

26.2.1

CEDR (the Centre for Effective Dispute Resolution), whose website is at https://www.cedr.com

26.2.2

The Civil Mediation Council, whose website is at: https://civilmediation.org; or

26.2.3

Acas (the Advisory, Conciliation and Arbitration Service, whose website is at: https://www.acas.org.uk/about-us.

26.3

Any mediation shall take place in English and the language of the mediation shall be English.

26.4

Notwithstanding clause 26.2, We are not obliged to enter into mediation with You, and nothing in these Terms prevents us from seeking a remedy through the courts.

26.5

These Terms will be construed in accordance with the laws of England and Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.