Contract of Service
Ambient Media Worldwide Ltd Contract of Service | May 2017
All staff recruited and supplied by Ambient Media Worldwide Ltd trading as Ambient Staffing, agree to abide by the following terms & conditions.
Definitions: The below Terms & conditions (hereafter referred to as “terms”) are binding between Ambient Media Worldwide Ltd, company registration no. 4542003, (hereafter referred to as “Ambient”) and any person recruited for temporary or casual employment activity by Ambient (hereafter referred to as “you”). “Campaign” means the assigned job as specified by each brief sent to you by Ambient, and is bound by the dates and times specified. “Client” means the individual or company referred to in the brief and any verbal or written instruction from Ambient. “Team Leader” means the person specifically authorised by Ambient to manage a campaign for any given day.
Employment & liabilities: You are considered a casual worker, and Ambient will make statutory deductions from your gross remuneration. These terms form a contract for any campaign you undertake with Ambient, but no contractual terms shall exist between you and Ambient outside of individual campaigns that you are assigned to. From time to time, Ambient may offer you campaigns on a case-by-case non-exclusive basis. You acknowledge and agree that: 1. Ambient is under no obligation to offer campaigns to you, 2. Ambient will decide upon your suitability for any campaign, 3. Ambient shall not incur liability if no campaigns are offered at any time, 4. You will withdraw from any campaign should Ambient request it and Ambient will not hold any liability for any such decision, 5. Ambient will not be liable for any loss of income, expenses, claims, damages, or liabilities as a result of you agreeing to these terms or accepting any campaign staffed by Ambient, unless Ambient is proven to be negligent on some account during a campaign, 6. Ambient will store your details as provided by you in conjunction with current data storage legislation, but will not disclose these details to any other party except as necessary to clients whose campaigns you are being considered for, or are assigned to, as required, 7. You give Ambient permission to pass your details onto another party for the purposes of business only.
Responsibilities & Requirements: In order for you to work on a campaign you will be required to have access to a smartphone with 3G or 4G network connection with sufficient credit/data allowance for the duration of your shift. You are required to check in and out of each shift you undertake via GPS and a photo using our online staffing system on your smartphone. Failure to check in or out of a shift will result in us being unable to verify that you were present for the duration of the shift which may result in you not being paid for all or part of the shift.
As part of the campaign requirements, you may be required to take photos and send them via your smartphone to our staffing system, email or other electronic transfer method.
Unless otherwise specified, you will be required to provide and wear your own smart, tidy and presentable, plain black clothes. This means a clean and tidy pair of black trousers, black shirt and plain black shoes. Clothing must not have any logos, patterns, rips or designs.
Cancellations & Timekeeping: You must, where reasonable, be contactable during business hours via the mobile phone number supplied by you to Ambient during and for the 48 hours prior to the start of and during a campaign you are assigned to, unless previously agreed with Ambient. If another means of contact is more sensible prior to or during a campaign you are assigned to you should notify Ambient with details. If for any reason you are not able to attend or complete an assigned campaign you must notify Ambient giving at least 48 hours notice. Ambient reserves the right to withdraw you from any campaign at any time due to breach of any of these terms. If you fail to attend any part of a campaign you will only be paid for the part of a shift that you have satisfactorily completed. If you do not attend a shift then you will not be paid for that shift and will not hold Ambient liable for any losses or expenses incurred. If you are aware that you will be late to a campaign you must contact Ambient as soon as possible. Ambient reserves the right to deduct your prorated rate of pay for any period you are late to a campaign. Should a client change or cancel a campaign, you will be notified as soon as possible to minimise disruption. Breaks from work must be in accordance with the Ambient Code of Conduct or verbal and/or written instruction from Ambient or a team leader, and team leaders or clients must be informed before you take a break from work, unless previously agreed by the team leader or Ambient. You must report to the team leader, client, or Ambient upon completion of your allotted shift in order to be eligible for full payment of agreed fees, unless agreed verbally and/or in writing by Ambient, the client, or a team leader. When accepting an offered campaign, you agree to work the required hours stipulated in communication with Ambient.
Fees payable: Any fees payable to you by Ambient shall be confirmed verbally and/or in writing prior to the commencement of a campaign you are assigned to. Fees may vary from campaign to campaign depending on nature of work, budget, experience in the relevant field, or for any other reason decided by Ambient. All rates are inclusive of 12.07% in respect of your 28 days paid annual holiday due under the Working Time Regulations 1998 (as amended). It’s advised you save this part of your pay to cover your holidays. For the avoidance of doubt, your entitlement to holiday pay is met by the 12.07% enhancement to your fee. Holiday pay will not be paid at the time of taking the holiday. Agreed rates may be altered where reasonable if specified hours are not completed. Rates are subject to PAYE and National Insurance deductions in accordance with statutory laws. While not assigned to a campaign, you are not entitled to pay in respect of holidays, illness, or any other absence. You will be paid monthly in arrears of all rates agreed for the full calendar month prior to payment date, unless otherwise agreed, provided you complete and sign-off your pay and expenses via the Ambient pay section of your online profile before the deadline stipulated each month. Failure to claim your pay and expenses within 12 months of the date in which the work was carried out will result in these not being paid.
Selection Process: From time to time we will notify you of available campaign shifts via email, SMS or the online staffing system. Instructions on how to apply for a shift will be detailed in the email, SMS or via an alert on our online staffing system. To maximise your visibility on our system we advise keeping your profile up to date and to regularly check your profile for any available shifts.
The work we offer is flexible and subject to regular changes. Once you have been placed on a shift it is possible that the shift may be cancelled or changed.
Your selection for a shift will be made based on a range of criteria including (but not limited to) availability, previous relevant experience, information provided by you on your online profile.
Shifts which we notify you of can often be heavily oversubscribed and as such we will not be able to offer everyone shifts. We will not be able to respond to every application but will contact you if you are selected to take part in a campaign.
Upon assignment of campaigns: You are not obliged to accept any campaign Ambient offers you, but upon acceptance of a campaign, for the whole duration of the campaign, you agree that you will: 1. Abide by all regulations outlined in the Ambient Code of Conduct, 2. Conform exactly (where possible and reasonable) to the requirements of the campaign brief and any other verbal or written instruction from Ambient prior to and during the campaign, including locations, times, and specific campaign instructions, 3. Co-operate with any reasonable instructions and requests from the client or team leader, 4. Proactively promote the health & safety of yourself, clients, customers, suppliers, and any other member of the public who may be affected by the campaign, 5. Not engage in any activity potentially detrimental to the client or Ambient, 6. Not disclose any confidential information relating to Ambient or the client to any other person unless stipulated in the campaign brief or specific instruction from Ambient, 7. Not use telephones, computers, equipment, any other tools, or campaign time for personal benefit or interest unless previously agreed with the client, team leader, or the person issuing the brief from Ambient, 8. Be liable for any passing-on of penalties imposed on Ambient by a client due to you being in breach of any of these terms or the Ambient Code of Conduct if outlined in a campaign brief or any correspondence between Ambient and you prior to the campaign.
Conflict of interests: You will not at any stage (up to 12 months after completion of a campaign) attempt to interfere with or solicit any client or contact involved with Ambient (or those Ambient has a view to becoming involved with) in any way that may persuade that client or contact to discontinue future business with Ambient. All introductions made by Ambient between you and a client are confidential, and you must not refer any clients or staff to any other companies or individuals with a view to soliciting their services and/or business.
Legal: English law (including copyright law) and the jurisdiction of English courts may override any part of these terms or the instructions of a campaign you are assigned. It is your responsibility to abide by English law at all times during any campaign you agreed to, and you agree to notify Ambient of any instance you feel may be in breach of English law and cease any such activity immediately irrespective of any previous instructions. Terms & conditions are subject to change at any time without notice.
Declaration: In agreeing to work for Ambient Media Worldwide Ltd you confirm you have read and agree to the Contract of Service.