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STATEMENT OF TERMS AND CONDITIONS

This statement together with the Summary of Campaign set out the terms and conditions which apply during any Assignment carried out by you from time to time under this brand ambassador Agreement. The Company reserves the right to make reasonable changes to any of these terms and conditions. You will be notified in writing of any change as soon as possible and in any event within one month of the change.

 
1. Application

1.1 This Agreement only applies if the Company offers you and you accept an Assignment.  The Company has no obligation to offer you any Assignment.  You have no obligation to accept any Assignment.

1.2 Before you start work on any Assignment the Company will require certain documents from you in order to satisfy itself that you are legally entitled to work in the UK.

Definitions

“Assignment”

means work as a brand ambassador in accordance with the terms of an Assignment Offer

“Assignment Offer”

means an offer (whether written or oral) of work as a brand ambassador by the Company at the date, time and place set out in the offer

3. Your employer and role

3.1. During the course of any Assignment:

a) Your employer will be TRO, (“the Company”);

b) You will be employed as a brand ambassador or such other role as set out in the Assignment Offer;

c)  You will report to the person identified by the Company in the Assignment Offer (the “Client Service Manager”); and if applicable on-site assignment manager.

3.2. At any times during any Assignment, you agree to comply with the rules set out in Schedule 1.

3.3. The Company will not be held liable for any costs incurred through image right restriction clauses you have with agencies or employers. If under contract through a third party, it is your responsibility to ensure your image is not photographed or filmed for social media sites or external uses.

3.4. Should a vehicle be provided to you for an Assignment, the Assignment is subject to the receipt of a copy of your current valid driving licence and to vehicle insurance being agreed. If you are required to use your own vehicle during an Assignment you should ensure that it is maintained in a fit and roadworthy condition. It is also a condition of any Assignment that your driving licence does not display convictions for road traffic offences. Failure to comply with this provision will entitle the Company to terminate the Assignment without notice.

4. Duration of assignment

4.1. The Assignment will be performed at the date, time and place set out in the Assignment Offer.

4.2. The Assignment location may be adjusted in line with business requirements and the Company reserves the right to ask you to work within a reasonable travelling distance of the place set out in the Assignment Offer. You may be required to travel further for a briefing or team meetings if applicable.

4.3. If you are required to attend a briefing, details will be sent to you by your Client Service Manager and it is a condition of the Assignment that you attend. Failure to do so will entitle the Company to terminate your Assignment without notice. Payment for the briefing will be made with your first pay after the start of the Assignment.

4.4. The Assignment will last for the period set out in the Assignment Offer or for any agreed longer period.

4.5. Your employment under these terms and conditions will commence at the start of the Assignment and will terminate at the end of the Assignment.  For the avoidance of doubt, you will not be employed by the Company between Assignments.

4.6. Your continuous employment for statutory purposes will commence at the start of the Assignment or at the start of any earlier Assignment which counts (for statutory purposes) as part of a period of employment continuous with your employment during the Assignment, whichever is the earlier. 

5   Pay and expenses

5.1. You will be paid for hours worked by you during the Assignment. The Company reserves the right to withhold payment if you fail to comply with the rules set out in Schedule 1.

5.2. Your basic rate of pay will be set out in the Assignment Offer.  Parts of a day will be rounded up to the nearest half of a day.

5.3. Payment will be made in arrears on the 25th day of each calendar month (or the previous working day if the 25th falls on a weekend), for all timesheets submitted in respect of work completed before the 10th of the current month, by direct bank transfer after deduction of tax and National Insurance.

5.4. Expenses can be claimed and paid weekly, every Tuesday in arrears. Expenses must be properly submitted (as set out in Schedule 1) and have been previously approved by the Client Service Manager.

5.5. The Company shall be entitled to deduct from your pay or any other sum owed to you all sums owing or otherwise payable from you to the Company.

6   Pension

6.1. If you meet the statutory enrolment criteria, you will be enrolled in the Company Group Personal Pension Scheme (the Scheme).  In these circumstances the Company will make employer contributions to the Scheme in respect of you.  You will also be required to make contributions.  The Company contributions will be [3%] of your pay for each assignment; yours will be [5%].   Further details (including details of the enrolment criteria) are available from Payroll.

6.2. You consent to the Company deducting your pension contributions from your Assignment pay.

6.3. Staff who do not meet the statutory criteria for automatic enrolment may be able to enrol voluntarily.  If this applies to you or you would like to discuss voluntary enrolment, please contact Payroll.

6.4. Staff who no longer wish to be a member of the Scheme may be able to cease active membership or have a right to opt out in certain circumstances.  Information on this is also available from Pension provider direct.

6.5. Enrolment in and membership of the Scheme is subject to its rules and to statutory legal requirements from time to time. 

6.6. The Company may vary, replace or discontinue arrangements (including the rules of the Scheme and the terms on which you participate) over pensions at any time as it thinks fit.  If the Company varies the arrangements it may increase or reduce the contributions that it or you make (or introduce a requirement that you make contributions).

7    Holidays

7.1. The Company’s holiday year runs from 1 January to 31 December.

7.2. You will be entitled to 5.6 weeks paid statutory holiday per holiday year, or the pro rata equivalent where the term of any Assignment is less than one complete holiday year.  This means that you are entitled to the equivalent of 12.07% of the hours or days that you work in each holiday year.

7.3.  Holiday pay can be claimed multiple times within a year. All accrued holiday pay must be claimed by the 28th February for the previous year. Failure to request your holiday pay within the allocated time will result in loss of entitlement for the previous year.

8    Incapacity

8.1. Ifdue to illness, injury or any other reason either you are unable to commence the Assignment, or you are absent from work at any time during the Assignment you must inform your Client Service Manager and Assignment manager prior to your agreed working hours on the first day of absence of the reason for your absence and its anticipated duration.  You must keep your Client Service Manager so informed at such intervals as your Client Service Manager may reasonably require.

8.2. No sick pay is payable to you other that Statutory Sick Pay, where applicable. 

8.3. Once any incapacity/absence has been notified or during any period of absence, the Company reserves the right to offer the relevant Assignment or the remainder of the relevant Assignment to another brand ambassador and to terminate your employment if it has already begun.

9. Termination/cancellation

9.1. Once an Assignment has been accepted, either the Company or you may cancel the Assignment before it begins by giving not less than 1 weeks’ notice.

9.2.  The Company reserves the right to cancel an Assignment where the service is no longer required by the client.  For cancellation within [2] days or less during a weekday you will receive payment of £40.00. For cancellation within [2[ days or less during a weekend you will receive payment in for 1 day of the agreed assignment. For cancellation within [0] days you will receive payment for 1 day of the agreed assignment. No payment will be made in any other circumstances where the Assignment is not carried out.

9.3.  The Company reserves the right to cancel an Assignment immediately and without payment in accordance with Clause 9.5.

9.4.  Either you or the Company may terminate continuous employment by giving to the other not less than:

a) one day’s prior [written] notice, if you have been continuously employed for a period of less than one month;

b) one week’s prior [written] notice if you have been continuously employed for a period of one month or more, or the statutory minimum period of notice, whichever is the greater.

9.5. The Company shall be entitled to terminate your employment summarily without notice if you are guilty of gross misconduct. Examples of gross misconduct include theft, fraud, negligence, and refusal to work as instructed (this list is not exhaustive).

9.6. If you were to cancel 3 separate bookings TRO reserve the right to remove you from any future work, you have booked and would not be required to offer you any other shifts.

10  Data protection

Processing of personal data and policies

10.1. Information relating to an individual (or from which an individual may be identified) is called “personal data”.

10.2.In processing personal data, the Company is required to comply with the law on data protection. To help achieves this, the Company has adopted policies including the [Data Protection – Staff Responsibilities Policy Handbook] Copies may be requested via the TRO Talent team. If you are unclear how the policies apply or, more generally, what you need to do to comply with the law on data protection, you should speak to TRO Talent in the first instance.

Data protection principles

10.3. In complying with the law on data protection, the Company is required to comply with what are known as data protection principles.  These are summarised in the [Data[TM3]  Protection – Staff Responsibilities Policy Handbook]. In performing your role and carrying out your responsibilities, you must do your best to ensure that the Company complies with these principles.

Data breach – and urgent notification

10.4. If you discover a data breach, you must notify your line manager and the [CIO[TM4] ][General Counsel] immediately – and, if practicable, within one hour.  Depending on context, you may then need to provide further information on the circumstances of the breach.

10.5. A data breach occurs where there is destruction, loss, alteration or unauthorised disclosure of or access to personal data which is being held, stored, transmitted or processed in any way.  For example, there is a data breach if the Company’s servers are hacked or if you lose a laptop or USB stick or send an email to the wrong person by mistake.

Why the Company processes personal data

10.6. For information on the nature of the data the Company processes, why it processes it, the legal basis for processing and related matters, please refer to handbook.  The Company does not, in general, rely on your consent as a legal basis for processing.  Agreeing the terms of this Agreement will not constitute your giving consent to the Company processing of your data. 

10.7. The Company reserves the right to amend the policy handbook and protocol documents referred to above from time to time.

11. Disciplinary and poor performance procedure and grievance procedures

11.1. If you have a grievance relating to your employment during an Assignment, you should raise this with the TRO Talent team in accordance with the Grievance Procedure. 

11.2. The Company may suspend you for however long it considers appropriate in order to investigate any aspect of your performance or conduct or to follow disciplinary proceedings.  The Company may attach conditions to any such suspension and you must comply with any such conditions and co-operate fully with any investigation.  During any period of suspension, you would normally receive the same pay and benefits as if you were at work, although the Company reserves the right to withdraw and/or defer pay and/or benefits in these circumstances. 

11.3. The Grievance and Disciplinary Procedures are policy documents only.  As such, they do not form part of your terms and conditions of employment, they may be changed from time to time and the Employer may decide not to follow them.  Copies are available from the Talent Team.

11.4. The Company reserves the right to search you, your belongings or any vehicle for which you are responsible in the course of any investigation into a suspected disciplinary offence, where it reasonably believes that this may be of assistance to the investigation.

12   Confidentiality

12.1. You shall not, other than in the proper course of your employment, whether during or after the termination of any Assignment, publish or otherwise disclose to any person any confidential information relating to the Company, any associated company and the Company’s clients or the Company’s or its clients’ affairs or business.  Information or documents supplied to you by the Company shall be used only for the purposes of performing your duties on an Assignment and shall be returned to the Company at the end of each Assignment.

13. Intellectual property

13.1. You acknowledge and agree that any work created or developed by you (whether alone or jointly) during your employment will belong to the Company from the date of creation if it:

a) is capable of exploitation by the Company in the normal course of its business; or

b) is so created or developed during the course of or in connection with your employment by the Company. 

13.2. To the extent that they do not vest automatically, you hereby assign to the Company with full title guarantee and free from all encumbrances (and in the case of copyright and design right by way of a present assignment of future copyright and design right as applicable) all copyright, design rights and other intellectual property rights in any such work and undertake to do anything reasonably required to ensure that such rights belong to or are assigned to the Company and to assist the Company in protecting or maintaining them.

13. If any moral right or analogous right arises in respect of any work created or developed by you (whether alone or jointly) during the course of or in connection with your employment you:

a) hereby irrevocably waive and agree not to assert (save as directed by the Company) such rights; and

b)  will ensure that all applicable consents have been obtained to entitle the Company to make the fullest use of such rights without restriction or further payment.

14 This Agreement

14.1. This Agreement will be governed by the laws of England and Wales and the Courts of England and Wales will have non-exclusive jurisdiction to adjudicate any disputes arising under it.

14.2. By signing this Agreement, you confirm that you are not entering into it in reliance upon any oral or written representations made to you by us or on our behalf.

14.3. This Agreement contains the whole agreement between you and us.  This Agreement replaces all previous terms and conditions (whether in writing or not) connected with your employment by us.  

14.4. There are no collective agreements that affect the terms and conditions of your employment. 

14.5. Where there is a reference in this Agreement to the making of a payment or provision of a benefit, that payment or benefit shall be subject to such deductions for tax and national insurance contributions as may be required.

Schedule 1

a)              Attend for work punctually and be dressed appropriately (including wearing a client’s uniform if required). Whilst in uniform you are representing the client at all times, including during breaks. At the end of the campaign you should return the uniform to the Company in the condition you received it. 
b)              Carry out your duties with due care and skill, personally and at times stipulated. 
c)              Be courteous at all times to any visitor to or employee of the Company. 
d)              Comply with all directions as the Company may give you and with all such other policies, rules and regulations concerning your employment as may apply from time to time, including the applicable standard operating procedures, a copy of which is attached. 
e)              Comply with all client policies, including equal opportunities policies, which apply on client premises. 
f)               Refrain from treating any visitor, fellow employee, client or client’s employee in any manner that might reasonably considered to be harassment. 
g)              At the end of an assignment, you will be required to return any uniform and assignment kit / stock to TRO in the condition you received it. Failure to do so will result in deductions to your salary and or bonus to cover the cost or repair of the uniform / kit and stock.    
h)              All expenses must be added to your timesheets at the time of submitting these back to payroll, click on the button labelled [add previous expense] to add these to your timesheets. Receipts should be sent by recorded post (non-refundable) and are required to be received within 14 days of the end of the assignment. If you fail to comply with this timeframe, reimbursement will not be processed. The Company will not be held liable for any lost receipts or receipts received after the deadline. Business expenses will be paid at cost by evidence of VAT receipts only and only by prior agreement with the Campaign Client Serve Manager. 
i)                Complywith the reporting and paperwork requirements outlined in the Briefing Documents and Performance Standards indicated to you by the Client Service Management; Failure to adhere to the above will result in payment being withheld until the assignment requirements have been completed in full. 
j)                Should you be required to purchase a disposable camera for a campaign to take pictures of displays, you must ensure that the camera or photographs are returned to the Company at the end of the campaign. 
k)              In the event that you are required to gain stock from a Cash & Carry, you are required to return all accurately reconciled stock to your C&C by Friday of each week throughout any campaign. You must not keep any stock over a weekend. 
l)                In the event of you receiving computer equipment/stock/cash float or any other items issues to you enabling you to carry out a campaign, all company equipment must be returned to the Company in the condition it was issued, either on the Company’s instruction or at the end of the campaign 
m)             Under the Working Time Regulations 1998, your working week must not exceed a total of 48 hours. Therefore, if the work you have agreed to undertake with TRO is likely to mean that you will work in excess of 48 hours per week please notify the TRO Talent team stating that you agree to opt out of a 48hr working week.  

TRO Social Media Policy
 
At TRO we are passionate about sharing the excellent work we do and are all actively encouraged to share our experiences and projects with the world using social media.  
As technology evolves the way we communicate to each other, our consumers and clients is changing.  To avoid any misunderstandings, we have produced the following policy as a guidance to all TRO employees. 
For the purposes of this policy social media includes blogs, wikis, microblogs, message boards, chat rooms, electronic newsletters, online forums, social networking sites, and other sites and services that permit users to share information with others in a contemporaneous manner. 
The following principles apply to professional use of social media on behalf of TRO and our clients as wells as personal use of social media when referencing TRO or our clients. 
  • Employees need to know and adhere to the TRO Guide when using social media in reference to TRO and our clients.
  •  Employees should be aware of the effect their actions may have on their image, as well as TRO’s and our client’s image.  The information that employees post or publish may be public information for a long time.  
  • Employees should be aware that TRO or our clients may observe any content information made available by employees through social media.  Employees should use their best judgement in posting material that is neither inappropriate nor harmful to TRO, its employees or its clients.
  •  Although not an exhaustive list, some specific examples of prohibited social media conduct including posting commentary, content or images that are defamatory, pornographic, proprietary, harassing, libellous, or that can create a hostile work environment. 
  • Employees are not to publish, post or release any information that is considered confidential or not public.  If there are questions about what is considered confidential, employees should check with TRO management.
  •  If employees encounter a situation while using social media that threatens to become antagonistic, employees should disengage from the dialogue in a polite manner and seek the advice of TRO management. 
  • Social media use shouldn’t interfere with employee’s responsibilities whilst working on a TRO campaign. Use of social media is only permitted when pre-agreed with TRO management. Personal use of social media is to be during allocated breaks only.
  •  It is highly recommended that employees do not tag TRO or its clients in social media postings unless approved via TRO management first.  
  • If employees associate themselves with TRO or our clients when posting social media content, a disclaimer should be used, such as this “the postings on this site are my own and may not represent TRO positions, strategies or opinions.”. The company will not be held liable for any repercussions the employees’ content may generate.
 Under the GDPR regulations, employees must not publicly share another employees or consumers personal information without consent first. Any breach of the social media policy may result in disciplinary action under TRO’s Disciplinary Procedure and may be deemed as gross misconduct.