EMPLOYER

EMPLOYEE

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Terms & Conditions

1.1“““Agreed Purposes”: means our provision to you of Staffing Workers to conduct Assignments; “Assignment”: the supply of a Staffing Worker by us to you to fill an Actual Vacancy in accordance with Clause 3, subject in all cases to the Contract; “AWR 2010”: the Agency Workers Regulations 2010 (SI 2010/93); “BES”, “we”, “us” or “our”: Orka Works Limited, incorporated and registered in England and Wales with company number 11790747 whose registered office is at XYZ Building, 2 Hardman Boulevard, Manchester, M3 3AQ; “Orka Works”: Orka Technology Group Ltd, incorporated and registered in England and Wales with company number 10396842 whose registered office is at Building, 9 XYZ Building, 2 Hardman Boulevard, Manchester, M3 3AQ; “Orka Technology Group”: means any company which is a subsidiary or holding company of BES, as defined by section 1159 of the Companies Act 2006; Business Day”: any day other than: (i) a Saturday, (ii) a Sunday or (iii) any day when the clearing banks in the City of London are not physically open for business; Conduct Regulations 2003”: the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319);

Confidential Information”: any information in any form or medium obtained by or on behalf “““of one Party from or on behalf of the other Party in relation to this Contract which is expressly marked as confidential or which a reasonable person would reasonably consider to be confidential, whether disclosed or obtained before, on or after the date of this Contract, together with any reproductions of such information or any part of such information; “Contract”: these Client Terms together with our Cancellation Policy and our Invoicing andPayment Policy , and any document referred to in these Client Terms; ““Controller”: has the meaning given to it by the Data Protection Act 2018; Data Protection Legislation”: in relation to any personal data which is processed in the performance of this Contract, the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 (“GDPR”), in each case together with any national implementing laws, regulations, secondary legislation and any other applicable or equivalent data protection or privacy laws, as amended or updated from time to time, in the UK, and any successor legislation to such laws; “Data Subject”: has the meaning set out in the Data Protection Act 2018; “Engage”: the employment or engagement of a Staffing Worker directly or indirectly through any employment business other than through us (whether for a definite or indefinite period) as a result of any Introduction or Assignment to you and the terms “Engaged” or “Engagement” shall be construed accordingly; “““““Event of Force Majeure”: has the meaning given to it in Clause 16.1; Extended Assignment”: has the meaning given to it in Clause 5.2; Extended Term”: has the meaning given to it in Clause 8; Initial Term”: has the meaning given to it in Clause 8; Introduce”: the provision to you of information by us which identifies the Worker and “Introduction” and “Introduced” shall be construed accordingly; Introduction Date”: the date we Introduces the Staffing Worker to you in accordance with Clause 3; Liability”: liability in or for breach of contract, Breach of Duty, torts (including negligence and ““intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Contract, including liability expressly provided for under this.

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