Last updated: 20 July 2020
1.1 These terms. These Engineer Terms are part of the Terms and Conditions and apply to you as an Engineer registered on the Itarmi Platform. You should read these terms together with the Master Terms and other applicable documents within the Terms and Conditions.
1.2 Updates. We periodically update the Engineer Terms. If we notify you of an update, you will be deemed to have accepted the updated Engineer Terms when you next access the Itarmi Platform after being notified.
2.1 Defined terms. Certain words and expressions used in these Engineer Terms are defined in the Master Terms.
3.1 Assignment terms. You acknowledge and agree that when you confirm an Assignment, you will be bound by the terms set out in the Itarmi Platform (including pricing, location, duration, start time and scope of work), subject to the Terms and Conditions.
3.2 Fee policies. You acknowledge and agree that the Assignment fee policies may change periodically (with immediate effect) and it is your responsibility to remain informed of applicable policies. The agreed fee for a confirmed Assignment may not change, unless its specifications are revised such that it is deemed to be a new Assignment.
3.3 No guarantee of Assignments. You acknowledge and agree that:
3.3.1 we are not obliged to offer you any Assignment or minimum number of Assignments;
3.3.2 you are not obliged to accept any new or revised Assignment that is offered to you;
3.3.3 no contractual or agency relationship exists between you and any user of the Itarmi Platform or us during any period between Assignments; and
3.3.4 we may terminate your access to the Itarmi Platform at any time without notice.
3.4 Substitution. You may substitute an alternative Engineer who has the necessary qualifications and experience to carry out the relevant Assignment, in which case:
3.4.1 you must notify us at least 24 hours in advance;
3.4.2 the alternative Engineer must register on the Itarmi Platform before the Assignment;
3.4.3 you are responsible, at your own cost, for training your substitute for the Assignment;
3.4.4 you will be liable for any failure by the substitute to perform the Assignment, loss of continuity or additional cost.
3.5 Milestones. You will, at no extra cost, co-operate with any third party interim or final review of an Assignment. You acknowledge and agree that where your fees that are tied to performance milestone, benchmark, measurement or other criteria, those payments will not be due and payable until you have satisfied those criteria or completed relevant stages of the Assignment.
3.6 Remedial work. You acknowledge and agree that if you are notified within ninety (90) days of completion of an Assignment that your work was defective or unsatisfactory, you will, at your own cost, promptly return to carry out any necessary remedial work at an agreed time.
3.7 Revised Assignment. You acknowledge and agree that if an Assignment is revised and you do not accept the revised Assignment, you will not be entitled to any payment for the Assignment except as we decide in our absolute discretion. You will be deemed to have rejected the revised Assignment if you do not accept it within one (1) hour of being notified.
3.8 Cancelled Assignment. You acknowledge and agree that you will not be entitled to any payment for the Assignment except as we decide in our absolute discretion.
3.9 Professional standards. You must comply with all professional service delivery policies that we issue from time to time.
3.10 Payments. Payments shall be made to you according to our payment policies, which we shall send to you or make available in the Itarmi Platform. These policies form part of your Terms and Conditions. They may change from time to time. They may vary according to the type of Assignment or the third parties involved. In any case, payment shall not be made earlier than thirty (30) days of completion of an Assignment.
4.1 Independence. You acknowledge and agree that you:
4.1.1 are not authorised to bind us to any contract, liability or obligation;
4.1.2 will not hold yourself out as our employee;
4.1.3 shall use your own expertise and experience, without supervision, direction or control in carrying Assignments;
4.1.4 carry out each Assignment under a separate contract for services and no contract for services exists in between Assignments;
4.1.5 are not obliged to accept an Assignment;
4.1.6 are not entitled to any minimum number or length of Assignments; and
4.1.7 you must not supervise or manage employees of any third party as part of an Assignment.
4.2 Professional expertise. You acknowledge and agree that you:
4.2.1 you have the necessary qualifications, skills and experience to carry out the Assignment to meet all legal, industry or safety standards that apply to that Assignment;
4.2.2 will not hold yourself out as our employee;
4.2.3 shall use your own expertise and experience, without supervision, direction or control in carrying Assignments;
4.2.4 carry out each Assignment under a separate contract for services and no contract for services exists in between Assignments;
4.2.5 are not obliged to accept an Assignment;
4.2.6 are not entitled to any minimum number or length of Assignments; and
4.2.7 you must not supervise or manage employees of any third party as part of an Assignment.
4.3 Your information. Whenever you access the Itarmi Platform, you represent and warrant that the information you have provided about yourself is genuine, correct and complete (including areas of expertise and valid certifications, qualifications and documents). You will promptly notify us of any necessary corrections or updates on an ongoing basis.
4.4 Training. You are responsible, at your own cost, for ensuring that have the professional education, development and training required for you to carry out Assignments to applicable legal, industry and safety standards (where applicable, with certification).
4.5 Equipment. You are responsible, at your own cost and risk, for providing the equipment, materials and resources necessary for you to complete any Assignment to required standards.
4.6 Insurance. During the period of this agreement, you will, at your own cost, maintain in force insurance with reputable insurers that covers third party losses and claims of at least one million pounds sterling (£1,000,000) and your own costs and losses.
5. ESCALATION PROCEDURE
5.1 Escalation contact. If you contact us about any material service delivery issue, you may do so through the Itarmi Platform, by e-mail at escalation@itarmi.com or call if it is urgent.
5.2 Stopping an Assignment. You must stop work on an Assignment if requested to do so. You should notify us if we have not already contacted you. You agree that if, after a review, your work is reasonably considered to be below expected professional standards, you will not be entitled to payment for the Assignment, except as we decide in our absolute discretion.
END OF ENGINEER TERMS
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