NJA Creative Ltd T/A 2020 Dreams Freelance Terms 2019/2020
This is a contract between NJA Creative Ltd (also referred to as the Agency) and The facilitator who’s named on the email confirmation; referred to as the (FREELANCE facilitator)
a) It is agreed that NJA Creative Ltd acts as an agency finding clients requiring the services of the freelance facilitator and sub-contracting the work to the freelance facilitator.
b) The freelance facilitator agrees to perform “the Services” on the dates and/or for the specified number of hours set out in the email/letter of engagement from NJA Creative Ltd .
c) For every unique assignment a new letter/email/text of engagement will be provided to the freelance facilitator.
d) By replying to the email with ‘YES’ you acknowledge that you are a self-employed contractor and you agree fully to our terms of engagement.
2. Self –Employment Status
a) NJA Creative Ltd does not guarantee the freelance facilitator a particular number of jobs in a particular period.
b) The relationship of the freelance facilitator to NJA Creative Ltd shall be that of an independent contractor and at no time shall the freelance facilitator hold themselves out as being an officer, employee or agent of NJA Creative Ltd .
c) The freelance facilitator is not entitled to any holiday pay or pension from NJA Creative Ltd .
d) There is no sick pay entitlement of any sort.
e) The freelance facilitator shall be treated as being self-employed and will be responsible for their own tax affairs.
3. CRB & Child Protection
a) The freelance facilitator agrees to undergo an enhanced CRB disclosure check as part of NJA Creative Ltd ’s child protection policy, before they are considered for the placement. If this has been carried out already, the original disclosure document must be provided to NJA Creative Ltd for screening.
4. NJA Creative Ltd Clients
a) The freelance facilitator agrees not to seek to work independently from any client that we have introduced them to. Any freelance facilitator found to have sought contracts directly with NJA Creative Ltd clients will result in a claim for damages and loss of profit by NJA Creative Ltd against that freelance facilitator.
c) The freelance facilitator shall not pass on their personal contact information to our customers. Any communication must be done through NJA Creative Ltd. d) The freelance facilitator shall not leave publicity materials (Leaflets, booklets, brochure, and web site information) on client site. e) The freelance facilitator shall not make personal contact or collect our customer’s personal information (e.g. Email, phone number) for their personal or business use.
a) The freelance facilitator will be fully prepared for the undertaking of the assignment as per the brief received from NJA Creative Ltd .
b) The freelance facilitator will act in a decent, moral, respectable and responsible manner whilst on an assignment and, at all times, act professionally so that no discredit is brought to either the freelance facilitator or NJA Creative Ltd.
c) Any grievances or complaints by the freelance facilitator must be referred back to NJA Creative Ltd and not to the client.
d) The freelance facilitator shall not, during the time of engagement or at any time thereafter disclose, divulge or make use of any confidential information belonging to or in relation to NJA Creative Ltd or its customers.
e) The freelance should not argue with our clients. Any form of grievances should be made official in writing.
f) If the client is unhappy with the work/conduct of the freelancer for any assignments undertaken and has raised an official complaint in writing or seeking compensation; NJA Creative Ltd reserves the right to put a temporal hold on invoice payments until this is resolved to allow us to deal with the complaint thoroughly; to allow time for a resolution. If the freelancer is found to have caused any grievance to the client and is sent home; the agency at managers discretion, can terminate the contract.
Failure to comply to the above conduct will be deemed as a breach of contract.
a) The freelance facilitator must arrive on client site prior to the designated activity to set up (at least 30mins).
b) The freelance facilitator must deliver a performance, class or workshop as outlined in the emailed contract.
c) The freelance facilitator must use his or her own materials for the assignments, unless provided by the client.
d) If the freelance facilitator is unable to attend an assignment, then adequate notice (minimum of 3 working days) must be given in order for a replacement to be found in good time. The freelance facilitator may sub contract the assignment to another freelancer suitable for the assignment, this must be first agreed mutually both by NJA Creative Ltd and the freelance facilitator.
e) In the event that you notify us that you wish to cancel or postpone the Workshops prior to the time of commencement, you shall do so 24 hours or more in advance of your scheduled Workshop. Should your cancellation result in NJA Creative Ltd loosing revenue you will be held accountable as a freelancer and a fee will be applicable.
e) If the facilitator has accepted a contract and has failed to show up, causing our reputation and money to be lost, NJA Creative Ltd reserves the right to recoup lost earnings from the facilitator through previous outstanding invoices or through legal action.
f) If the client is not satisfied with the workshop and has made an official complaint. NJA Creative Ltd will put any invoices owed to the freelancer on hold and investigate this on the client behalf. We aim to resolve this within 60 days. Evidence will need to be provided to support your case.
a) NJA Creative Ltd agrees to pay the freelance facilitator for the services provided at a rate agreed In advance. If the freelance facilitator fails to fully provide such services at the date and time previously agreed, NJA Creative Ltd will not pay the freelance facilitator. NJA Creative Ltd reserves the right to deduct monies from the facilitator fees if they arrive late. The amount deducted will reflect the amount of time lost.
b) All queries relating to pay must be directed to firstname.lastname@example.org and not the client. Invoices must be sent to NJA Creative Ltd after completion of all assignments by email or post, not to the client. Receipts and proof of expenses should be sent to our Office.
c) On completion of the assignment, payment will be made by BAC’s directly into the freelance facilitator’s bank account Please note it take 3 working days for BACS payment to clear in your bank account, from the date of payment. NJA Creative Ltd will endeavour to make payment within 14 – 30 working days of the client settling payment with NJA Creative Ltd . However, the client does have up to 30 working days in which to settle the invoice, which may cause a delay in payment to the freelance facilitator, so we therefore cannot guarantee that the facilitator will receive payment within 30 working days. Payments are made on every Friday of the week. If you payment falls due on the 30th Day e.g Monday – Thursday, the payment will be processed on the following Friday of that week.
d) No payment will be made for work additional to that set out in the letter of engagement. Any extra work must be agreed between NJA Creative Ltd and the freelance facilitator before the additional work is undertaken. Additional hours undertaken will not be considered in retrospect. The freelance facilitator must NOT leave the site/engagement early without our consent. Failure to gain consent could mean a breach of contract and non-payment.
e) No payment will be made for materials & expenses which are not agreed in advance. No payment will be made for late payment fees, which is not formally agreed in advance of the assignment.
f) Once an assignment or contract has been accepted and confirmed in full to the facilitator and the facilitator fails to attend the workshop on the dates agreed without prior warning of at least 48 hours to the engagement, NJA Creative Ltd may seek to recover all business costs from the facilitators related to the particular assignment to cover losses.
g) No payment will be made if the facilitator has not completed the agreed contract in full. No payment will be made if grievances caused by the facilitator, causes NJA Creative Ltd to lose income e.g. if a facilitator turns up late. Monies owed from previous projects will be deducted to cover losses incurred. If the facilitator causes damages of client’s property they will be held liable. If resources and accommodation was booked and the facilitator did not show up – we have the right to regain monies lost from previous projects
h) On extremely rare occasions there may be administration errors in the agreement of payments via email confirmations; where there has been a clear error in the confirmation e.g. verbal confirmation differs from email confirmation – NJA Creative Ltd reverses the right to make adjustments to the payments accordingly.
I) The freelance facilitator agrees not to discuss payment and contractual obligations with clients or other agencies.
J) All facilitators MUST first register their contact information before payment.
a) All expenses relating to travel and materials which the freelance facilitator incurs in providing the services will be reimbursed, to the maximum amount specified in the letter of engagement, provided that evidence is produced for all expenses claims (e.g. receipts, bills etc.) All expenses must be included on the freelance facilitators invoices clearly marked separate items. Inability to provide receipts as evidence for expense claims may jeopardise payment. In order to claim TRAVEL PETROL/TRAIN expenses, receipts MUST be within a 48hour period to coincide with the dates of the workshops, any receipts provided outside this period will be totally disregarded and classified as a bogus expense.
b) No payment will be made for TAXI fares, unless agreed in advance. Taxi should only be considered on arrival from the station to the school if within 2 mile radius. TAXI fare from home to station is not valid for a claim.
a) These Conditions shall be governed by English law. Agree to abide by the terms and conditions of this contract and failure to do so will result in termination from NJA Creative Ltd.