Terms & Conditions

TERMS AND CONDITIONS

G-Motorsports - Terms & Conditions

1)DEFINITIONS

(a)   ‘Assignment’ shall mean the period during which G-Motorsports is engaged by the contract to carry out Work for the Client.

(b)   ‘Contract Confirmation Notice’ shall mean the notice enclosed with these terms and conditions or which is attached thereto giving details of the Client, Rates, Notice Period.

(c)   ‘Client’ shall mean any individual for whom or any firm, partnership or company for which the Contractor performs Works whilst on Assignment with the Business.

(d)   ‘Contract’ shall mean these terms and conditions between the Business and the Client, together with the Contract Confirmation Notice.

(e)   ‘Employment Business’ shall mean G-Motorsports whose registered office is at (ADDRESS).

(f)     ‘Fees’ shall mean the amounts calculated at the Rates due to be paid by the Client to the Business for works performed during the Assignment.

(g)   ‘Notice Period’ shall mean the period stated on the Contract Confirmation Notice.

(h)   ‘Payment Frequency’ shall mean the payment frequency of the Fees stated in the Contract Confirmation Notice.

(i)     ‘Rates’ shall mean the rates or fixed sum as specified on the Limited Company Contract Confirmation Notice at which Fees will be payable to the Business in respect of Works performed.

(j)     ‘Works’ shall mean the work, services, or tasks specified on the Contract Confirmation Notice and/or requested of the Client from time to time by the Business during the period of the Assignment.

2) THE CONTRACT

(a)   These terms and conditions constitute a contract for services between the Business and the Client upon being signed commencing performance of the Works..

(b)   For the avoidance of doubt, the Business and the Client agree and acknowledge that the Contract shall not constitute a contract of any partnership between the Business and the Client. The Client shall indemnify the Business in respect of any costs, expenses, damages, compensation or any financial loss or other liability incurred by the Business.

(c)   These terms and conditions together with the Contract Confirmation Notice overleaf constitute the entire agreement between the Business and the Client, and no variation, alteration or amendment shall be valid unless approved in writing and signed by a director of the Business and the Client.

3) ASSIGNMENTS

(a)   The Business is under no obligation to obtain work for the Client the Client are under no obligation to accept any work offered by the Business.

(b) During any Assignment, the Client is entitled to obtain additional or alternative work from whatever source and by whatever means it wishes provided that such alternative work does not create a conflict of interest with the Contractual obligations under any Assignment.

4) PAYMENT OF FEES

(a)   The Client will be solely responsible for the payment of all Fees and Expenses payable to the Business.

(b)   The Business shall provide the Client with confirmation of the Work carried out at such intervals as are requested by the Business and which are more particularly set out in the Contract Confirmation Notice. Such confirmation must be signed by an authorised representative of the Client and shall consist of a time record or other written authorisation for payment supplied by;

(i) The client or

(ii) Business (if so agreed by the Client).

(c)   All payments will be made via CASH OR CHEQUE upon receipt; The Client will make payment of the Fees at the Payment Frequency. Should the Client request payment by cheque the Business reserves the right to charge a fee of £5.00 for every cheque so raised. Notwithstanding the aforesaid the Client reserves the right to make payment by any means it considers reasonable.

(d) Failure to comply with the set payment terms given to the Client shall result in the termination of the contract by the Business. The Business is also entitled to obtain outstanding balances via Debt Collection organisations.

5) TERMINATION

(a)   Either the Business or the Client may terminate the Contract by giving the other written notice of not less than 60 days. Notwithstanding the foregoing, the Business will terminate the Contract forthwith on notice to the Client in the event that:

(i) The Works are not performed in accordance with the provisions of Clause 4(b);

(ii) The Business and/or the client are of the opinion that the is in conflict with the best interests of the Client and/or the Business;

(b)   The Business reserves the right to give verbal notice of termination under the provisions of this Contract.

(c)   Notice of termination given written by the Client has to be given to the Business.

(d)   The Contract will terminate on completion of the Works to the reasonable satisfaction of the Business, evidenced, if requested by client, by the written confirmation of the Client or upon earlier notice as set out in this Contract.

(e)   The termination of the Contract, howsoever arising, is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The Clauses in these standard terms and conditions which expressly or implicitly have effect after termination (including, for the avoidance of doubt but without limitation, Clause 16) shall continue to be enforceable notwithstanding termination.

6) INDEMNITY

Notwithstanding any other indemnity contained in these terms and conditions the Client shall irrevocably indemnify the Business and keep it indemnified against all and any liability, loss, damage, claims, costs and expenses (including legal expenses on a full indemnity basis) awarded against or incurred or suffered or paid by the client arising out of or in connection with or as a result of:

(i)    Any breach of the Contract of any of its warranties and or other obligations under the Contract;

(ii)   Any negligent or defective performance by the Client;

7) PRIVITY OF CONTRACT

No term of this Contract is intended to be enforceable by anyone other than the parties to this Contract and the parties hereby expressly exclude any operation of the Contracts (Rights of Third Parties) Act 1999.

8) CONFLICT

In the event of any conflict between the Contract Confirmation Notice and these Standard Terms and Conditions then the Contract Confirmation Notice shall take precedence to the extent of such conflict.

8) JURISDICTION

This Contract is governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales..