These terms of business are deemed to be accepted by the client by virtue of an introduction to, or the engagement of an applicant or the passing of any information about the applicant to any third party following an introduction. The client understands that by making a booking, or allowing Le Frog, his agents & workers to work on their premise (or rented premise) that the client is bound to those terms and conditions.These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Le Frog, these terms of business shall rule over any other terms of business or purchase conditions put forward by the client.
No variations or alteration of these terms of business shall be valid unless the details of such variations are agreed between Le Frog and the client and are set out in writing and a copy of the varied terms is given to the client stating the date on or after which such varied terms shall apply.
The client agrees:
1.1 A daily or An hourly rate will be discussed with the client in detail at the booking stage, the rate will depend on which chef is booked or the type of work i.e.: Chef Service, Butler, Relief chef, Relief Management. When booking a chef the minimum hours to be charged will be nine hours per day for a split shift (4.5hrs + 4.5hrs) and six hours per day for a strait shift (6hrs).
1.2 All other categories of staff supplied will be charged at a minimum of 4 hours. The client agrees that the minimum hourly rate is £15.00 per hour & the minimum Daily rate is £180.00 Per day for a residential chef & £ 160.00 perday for non residential.
2.1The charges are comprised mainly of the Temporary Worker’s remuneration (including Holiday Pay under the Working Time Regulations 1998) but also include Le Frog fees, Employer’s National Insurance Contributions and any travel (Charged at £0.50 per mile after 20 miles), hotel or other expenses as may have been agreed with the Client.
2.2The charges are invoiced to the Client on a weekly basis and are payable in full by the Client within 7 days of the date of invoice without abatement, set-off or deduction.
The parties further agree that these Terms govern a contract to which the Late Payment of Commercial Debts (Interest) Act 1998 applies and that Le Frog is entitled to interest on all sums due from the Client. In the event that the Client fails to make payment in full in accordance with these Terms, the Client acknowledges that Le Frog will be entitled to treat the failure to make payment as evidence of the Client’s Insolvency for the purpose of the Insolvency Act 1986, and/or to withdraw forthwith and without liability the services of any Temporary Workers then being supplied to the Client.
2.3 The Client acknowledges the importance to Le Frog of cash flow considerations and that to ensure its continued operation Le Frog remunerates its Temporary Workers (including the Temporary Worker engaged by the Client under these Terms) by reference to the time sheets completed by the Temporary Worker. Accordingly, and subject to clause below, the following provisions shall apply;
2.3.1 Each and every time sheet signed by an employee, officer or representative of the Client shall be conclusive evidence at the number of hours worked by the Temporary Worker and shall be conclusive evidence of the Client’s satisfaction with the tasks for which he was engaged during the said number of hours, the standard of his workmanship
2.3.2 A certificate, signed by a director or company secretary of Le Frog shall be conclusive evidence of the total sum due from the Client to Le Frog in respect of the Temporary Worker in relation the Engagement as at the date of the said certificate.
2.4 Should a Temporary Worker arrive on site for work and find that the client does not require their assistance, or has failed to cancel the booking, the Client shall be charged the minimum shift for the booking.
2.5 Public Holidays with the exception of Christmas Day, shall be charged at double time. Christmas Day shall be charged at triple time.
3.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Client shall sign the Le Frog time sheet verifying the number of hours worked by the Temporary Worker during that week. The Client acknowledges the importance to
the Employment Business of the time sheets and of the contractual nature of the time sheets.
2.3.1 Subject to the terms of clause 2.3.2 above, signature of a time sheet by the Client shall be conclusive evidence in all proceedings (including but not limited to litigation, adjudication and arbitration) of the Client’s satisfaction with the services provided by the Temporary Worker and the number of hours worked. Failure to sign the time sheet
does not absolve the Client’s obligation to pay the charges in respect of the hours stated to be worked.
4 SUITABILITY OF THE TEMPORARY WORKER AND THE LIABILITY OF THE EMPLOYMENT BUSINESS
4.1 The Client must supply to Le Frog before any Introduction the following information:
4.1.1 the Client’s identity and the nature of its business;
4.1.2 the date on which the Client requires a Temporary Worker to commence work, the duration or likely duration of the work and the length of any notice periods;
4.1.3 the position for which a Temporary Worker is sought, including the type of work the Temporary Worker would be required to do, the location at which and the hours during which he would be required to do it, and any risks to the health or safety of the Temporary Worker known to the Client and the steps which the Client has taken to prevent or control such risks;
4.1.4 the experience, training, qualifications and any authorisations which the Client considers are necessary or required by law or any professional body for a Temporary Worker to possess in order to work in the relevant position, and the ability which the Client considers is necessary for a Temporary Worker to possess in order to do so successfully;
4.1.5 any expenses payable by or to the successful Temporary Worker;
4.2 Whilst reasonable effort is made by Le Frog to ensure appropriate standards of skill, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, the Le Frog is not liable for any loss, expense, damage, delay or disruption arising from any of the
4.2.1 provision of a Temporary Worker;
4.2.2 the failure to provide (or replace) any Temporary Worker for all or part of the period of the booking;
4.2.3 the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker in the course of the Assignment;
4.2.4 any negligence or breach of duty on the part at the Le Frog in the selection of the Temporary Worker.
4.3 Nothing shall exclude the Employment Business’ liability for death or personal injury arising from its own negligence.
4.4 The Client confirms that it is aware of any requirements imposed by law or any professional body which must be satisfied by it and/or the Temporary Worker to enable the, Temporary Worker to supply services to the Client in the capacity requested.
4.5 Temporary Workers are engaged by the Le Frog under contracts for services and are not employees of Le Frog . They are under the sole supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though he were employed by the Client. The Client will also comply in all respects with all statutes including for the avoidance of doubt, the Health and Safety at Work Act 1974, the Working Time Regulations 1998, the Data Protection Act 1998 and all other by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments. Le Frog is not liable for the Health and Safety of the Temporary Worker whilst on the Clients’ premises. The Client will assist Le Frog to comply with its duties under the Working Time Regulations, the Health and Safety at Work Act 1974, Public food health and safety as well as the suitability of the premises to conduct the activity by supplying any relevant information about the Assignment which may reasonably be requested by it (guest dietary requirement food allergies and matter of the sort) and the Client will not do anything to cause the Le Frog to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a
4.6 The Client will take all practicable steps to ensure that no Temporary Worker is treated unfavourably by any person under ifs control on the grounds of the Temporary Worker’s race, sex, disability, religion/belief, sexual orientation or age.
4.7 The Client shall indemnify and keep indemnified Le Frog in respect of all claims by any third party caused by, or resulting from, or arising in connection with, the act, omission, default or negligence of the Temporary Worker, and shall further indemnify the Le Frog in respect of all costs, charges or damages in connection therewith, howsoever arising (including, but not limited to, such as arise under statute, common law, court order or notice by a government department or local authority or officer).
shall settle the invoice on a weekly basis.
5.1 The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may terminate the Assignment either by instructing the Temporary Worker to
leave the Assignment immediately, or by directing Le Frog Catering to remove the Temporary Worker. Le Frog may in such circumstances reduce or cancel the charges for the time worked by that Temporary Worker, provided that the Assignment terminates:
(a) within four hours of the Temporary Worker commencing the Assignment where the booking is for more than seven hours; or
(b) within two hours for bookings of seven hours or less and also provided that notification of the unsuitability of the Temporary Worker and of the requirement to remove him is confirmed in writing to the Le Frog within 48 hours of the termination of the Assignment.
5.2 Le Frog or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability save for sums accrued up to the point of such termination, in conjunction with Clause 2.1
5.3 The Client shall notify the Le Frog immediately and without delay and in any event in writing within 24 hours if the Temporary Worker fails to attend work or notifies the Client direct that he is unable to attend work for any reason.
These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
7 VARIATION OF TERMS
In the event that the Le Frog Catering and the Client agree to a variation of the terms herein the Le Frog shall, as soon as is reasonably practicable, provide the Client with a document detailing the variation and stating the date on or after which it is agreed that the reviewed terms are to take effect.
8 DATA PROTECTION ACT
The client agrees that the Le Frog may make such enquiries and searches and obtain such references as it considers necessary from any person, firm or
company including any credit reference agency (which will keep a record of any search made and will share that information with other businesses). The Employment
Business may also make enquiries about the principal directors with a credit reference agency.
1.It is the client responsibility to provide le frog with all the essential storage, refrigeration and cooking requirement for le frog to be able to perform their duty in accordance with the local health authority.
1.2 Fridge & Freezers must be clean, hygienic and sanitised with fully functioning readable temperature control system.
1.3 All work surfaces must be cleaned, hygienic and sanitised with no chips, or damage.
1.4 Oven and hob must be cleaned and fully operational.
1.5 The state of the kitchen and equipment must be assessed along with a written inventory in the presence of Le Frog prior to the start of the contract.
1.6 In the absence of the above le frog will not be liable for any loss, damages, or hygiene issues that may occur by the end of the contract.
2.In the eventuality that the kitchen may not to the health and safety requirement, Le frog reserve the right to charge a cleaning fee of no less than £50.00.
3.In the eventuality of Le Frog services being used in a commercial manner, when the client sale for a profit any of the products & Services.
3.1 All product liability, health & Hygiene, waste disposal and cleaning is the sole responsibility of the client.
3.2 It is the client responsibility to ensure that the premises used are registered with the local authority as a food business
3.3 The client cannot in any form Prevent le frog or any of his tempory workers, from promoting, advertising or mentioning Le Frog as a brand.
3.4 All dietary Requirement must be Given to le frog in writting no later than 7 days prior to the booking.
3.5 In the eventuality that the dietary requirement were not received in the agreed period or were to be incorrect Le Frog will not be liable for any Issue or incident that may occur.
4. The client understands that by making a booking, or allowing Le Frog to work on their premise (or rented premise) that the client is bound to those terms and conditions.
5. The client agree that payment of all invoices must reach Le frog no Later than 7 days after to the date of invoice. Le Frog Reserve the right to charge a daily late payment fee of no less that 5% of the total amount of the invoice for the first 7 days.
T & C Le Frog 2018
© 2018 Le Frog. Exeter based Catering specialists