Terms & Conditions and Privacy Policy

1. DEFINITIONS

1.1 In these Terms and Conditions, the following definitions apply:

• "Assignment" refers to the period during which the Agency Worker is provided by the Employment Business to render services to the Hirer.

• "Hirer" means the person, company, or corporate entity requiring the services of the Agency Worker, including its subsidiaries or associated companies.

• "Employment Business" refers to ACERT Healthcare Staffing and its address.230 North Central Avenue, Fairborn, Ohio, Greene, United States, 45324

• "Agency Worker" refers to the individual who has signed this Contract.

2. THE CONTRACT

2.1 These Terms and Conditions form a contract for services between the Employment Business and the Agency Worker, and they govern all Assignments undertaken by the Agency Worker. However, no contract shall exist between the Employment Business and the Agency Worker between Assignments.

2.2 For the avoidance of doubt, these Terms and Conditions do not establish a contract of employment between the Employment Business and the Agency Worker or the Hirer and the Agency Worker. The Agency Worker is supplied as a worker, and the Employment Business does not guarantee any fixed number of hours per week.

2.3 Any variation or alteration to these Terms and Conditions will be valid only if agreed between the Employment Business and the Agency Worker in writing, and a copy of the varied terms will be provided to the Agency Worker, specifying the date from which the variation will apply.

3. REMUNERATION

3.1 The Employment Business shall pay the Agency Worker remuneration at a minimum hourly rate no less than the statutory minimum wage as stipulated by law.

3.2 Except as required by law, the Agency Worker is not entitled to payment for any time not spent on an Assignment, including for holidays, illness, or absence, unless otherwise agreed.

4. TIMESHEETS AND COMMUTING

4.1 If the Agency Worker fails to submit a properly authenticated timesheet, the Employment Business will investigate the claimed hours and any reasons why the Hirer has refused to sign the timesheet. This may delay payment to the Agency Worker. The Employment Business shall not make any payment for hours not worked.

5. TERMINATION

5.1 The Employment Business, the Agency Worker, or the Hirer may terminate the Agency Worker’s Assignment at any time without prior notice or liability.

5.2 The Agency Worker acknowledges that the continuation of an Assignment is contingent upon the continuation of the contract between the Employment Business and the Hirer. If the contract between the Employment Business and the Hirer is terminated for any reason, the Assignment shall cease immediately, with no liability to the Agency Worker, except for payment for hours worked up to the date of termination.

5.3 If the Agency Worker fails to notify the Hirer or the Employment Business that they are unable to attend work, this will be considered as termination of the Assignment by the Agency Worker, unless exceptional circumstances prevented them from attending.

5.4 If the Agency Worker is absent during the Assignment and the Assignment has not been terminated, the Employment Business may terminate the Assignment if the work to which the Agency Worker was assigned is no longer available.

6. CONFIDENTIALITY

6.1 To protect the confidentiality and trade secrets of the Hirer and the Employment Business, the Agency Worker agrees:

• 6.2 Not to disclose or use any trade secrets or confidential information of the Hirer or Employment Business, either during or after an Assignment, unless expressly authorized to do so as part of their duties.

• 6.3 To return all documents and materials belonging to the Hirer (and any copies) at the end of each Assignment, including materials created by the Agency Worker during the course of the Assignment.

• 6.4 Not to make any copies, summaries, or abstracts of any documents or materials belonging to the Hirer, except as required to perform their duties. Any such items shall remain the property of the Hirer or the Employment Business.

7. DATA PROTECTION

7.1 The Agency Worker warrants that they will comply with all applicable Data Protection Laws in relation to these Terms and Conditions and will not act in a way that may cause the Employment Business or the Hirer to breach any Data Protection Laws.

7.2 The Agency Worker consents to the Employment Business, any other intermediary involved in providing the services of the Agency Worker, and the Hirer processing their personal data for purposes connected with the performance of the Assignment and in accordance with these Terms and Conditions.