Terms And Conditions For SkillPatron’s Personal Chefs
These are terms and conditions for SkillPatron Chefs who are independent contractors to be assigned to clients of SkillPatron Services Limited.
Provision of Services
- This is a Contract for Services. It is not a contract of employment.
- The Personal Chefs shall be entirely self-employed and nothing in this Agreement shall constitute an employer/employee relationship.
- SkillPatron Services Limited is under no obligation to provide any further same, similar or any paid work or unpaid work in the future.
Description of Services
- In exchange for the Fee, the SkillPatron Personal Chef agrees from the date of acceptance of this terms and conditions to provide the Services, at the request of the Client, at such times as are mutually convenient.
- It is agreed that the SkillPatron Personal Chef shall at all times perform the Services to the highest standard.
- In particular the SkillPatron Personal Chef shall make every effort to: ❖ be punctual; ❖ be presentable and dressed in an appropriate and respectable manner at all times; ❖ be polite, diligent, and helpful; and ❖ do all the necessary preparation to deliver the best service.
- If for any reason the SkillPatron Personal Chef shall be delayed due to circumstances beyond his/her control, the SkillPatron Personal Chef agrees to contact the Client to let him/her know (even if the SkillPatron Personal Chef will be as little as five minutes late).
- The SkillPatron Personal Chef must keep the Client informed of any issues or problems with each Student taught, as and when they develop.
- The SkillPatron Personal Chef agrees not to smoke within the vicinity of the client’s location. SkillPatron Personal Chef also agrees to make sure he/she does not smell of smoke.
- The SkillPatron Personal Chef agrees that once accepted a placement then he/she is committed to the specified working periods of the clients.
- The SkillPatron Personal Chef shall, at the request of the Client or Company, provide any reports and/or information as to the Student’s
performance and his own.The Client agrees to treat the SkillPatron Personal Chef in a fair and respectable manner at all times.
- The SkillPatron Personal Chef accepts that the Company is providing an administrative role for the Client in which the Company:
❖ links the SkillPatron Personal Chef to the Client ; ❖ requests regular feedback, from the SkillPatron Personal Chef to ensure the best service; ❖ deals with administration of the Client’s payment of the Fee to the SkillPatron Personal Chef for the entirety of his/her time with the client; and ❖ provides general liaison services on behalf of the Client as between the Client and the SkillPatron Personal Chef.
- The SkillPatron Personal Chef accepts that in providing the services, the Company is acting as the agent of the Client and therefore the SkillPatron Personal Chef will accept all requests, instructions and communications from the Company that are made on behalf of the Client as if they came from the Client directly.
- The SkillPatron Personal Chef also accepts that he/she has no direct contractual relationship with the Company and therefore the Company has no contractual obligations or liability to the SkillPatron Personal Chef and is not acting as an agent for the SkillPatron Personal Chef.
Payment of Fees.
- The monthly salary of the SkillPatron Personal Chef will be agreed between the Company and the Client. This will be communicated to the SkillPatron Personal Chef accordingly.
- It is agreed that the Client may elect to change their assigned SkillPatron Personal Chef after the first day if in the reasonable opinion of the Client, the SkillPatron Personal Chef is unsuitable. In such a case, the Client will not be charged for the day and the SkillPatron Personal Chef will receive no payment.
- At the end of the first calendar month in which the SkillPatron Personal Chef has provided satisfactory Services, upon confirmation from the Client, the Company will pay the SkillPatron Personal Chef by electronic bank transfer a week after. The Company has no commitment to make payment to SkillPatron Personal Chef if the Client has not paid the Company.
- The SkillPatron Personal Chef agrees to sign the Timesheet/Time book provided by Client as confirmation of the date, time and duration of the service rendered.
- It is agreed that all payment arrangements between the Client and the SkillPatron Personal Chef shall be handled by the Company until the termination or expiration of the contract.
- The SkillPatron Personal Chef shall not approach the Client directly in relation to payment matters.
- The SkillPatron Personal Chef agrees that if payment is made directly between himself/herself and any Client(s), whether current or former Client(s), then any outstanding payments will be withheld from the SkillPatron Personal Chef by the Company and full monies owing to the Company will be pursued in full from the SkillPatron Personal Chef. The SkillPatron Personal Chef shall be severally liable for any costs incurred by the Company in this regard.
- The SkillPatron Personal Chef shall be responsible for all travel expenses incurred within the agreed location in connection with the Services.
- The SkillPatron Personal Chef acknowledges that he/she is responsible for payment of all taxes due in respect of payments to be made under this Agreement and that he/she shall fully indemnify and hold the Client and the Company harmless in this regard.
- The SkillPatron Personal Chef acknowledges that he/she is in no way covered by the Client or the Company in any matter(s) of insurance and will take out, should he/she deem appropriate, his/her own insurance policy in respect of any personal and/or third party claims.
- The SkillPatron Personal Chef warrants that all information given to the Client (via the Company or otherwise) whether prior to or during the provision of the Services is true and accurate in all respects.
- The SkillPatron Personal Chef has represented that he/she is skilled to teach the subjects/render the service as per the information provided to the Company and the Client.
- Any breach of this clause shall entitle the Client to terminate the SkillPatron Personal Chef’s Services immediately.
- If the Client is, in his/her reasonable opinion, not happy with the assigned SkillPatron Personal Chef the Client must notify the Company of its dissatisfaction in writing. This Agreement shall then terminate with immediate effect and there will be no further charges or payments due to the SkillPatron Personal Chef.
- This contract of service shall not be terminated or expired if the professional fee of the Company is outstanding.
- The SkillPatron Personal Chef hereby agrees that the Company may terminate this Agreement with immediate effect: ❖ if the SkillPatron Personal Chef commits a serious or material breach of any of his or her obligations hereunder; ❖ if the SkillPatron Personal Chef repeatedly commits minor breaches of obligations under this Agreement; ❖ if the SkillPatron Personal Chef acts in such a way so as to discredit the Client; or ❖ if the SkillPatron Personal Chef has been found guilty of any criminal offence.
- In the event of termination of this Agreement, the SkillPatron Personal Chef acknowledges that he/she will be liable for any costs expenses directly or indirectly incurred, any liability or damages faced by the Client, and any action taken by the Client in this regard.
- This Agreement may also be terminated by either party by giving the other party at least fifteen working days written notice.
- The SkillPatron Personal Chef covenants and agrees at all times during and after his/her provision of the Services to keep secret and not disclose to others or appropriate to his/her own use or the use of others secret or confidential information or knowledge pertaining to the business affairs and operations of the Client (“Confidential Information”), including but not limited to trade know-how, trade secrets, client lists, information about other SkillPatron Personal Chef engaged by the Client, information about any Client(s) and their family/ies, pricing policies, operational methods, marketing plans or strategies, future plans, and business acquisition and/or expansion plans.
Data Protection :
The Company will use the information provided by the SkillPatron Personal Chef to deal with the administration of the Services and to assist in placing the SkillPatron Personal Chef with other suitable Clients. The Company may disclose the SkillPatron Personal Chef‘s information for this purpose to other Clients.
- The SkillPatron Personal Chef specifically warrants and undertakes to indemnify the Client/the Company for any and all damage, loss, expenses or loss of business suffered by the Client/the Company as a direct consequence of breach of any condition hereof, including any legal costs and expenses associated with the recovery of such damages by the Client/the Company.
- These include any direct and indirect losses arising both from breach of contract and from any act committed by the SkillPatron Personal Chef during the provision of the Services.
Governing Law and Jurisdiction
This terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.