General Terms and Conditions of Use
The T's and C's
Please read these terms and conditions carefully. Your use of this website and the provision of our services in part is subject to these terms and by using the website and/or by applying to use our services online you show your agreement to such terms. If you do not accept our terms, please do not use the website or apply to use the services that this web site offers.
These terms and conditions apply to the entire goumbrella website including correspondence via e-mail and telephone between goumbrella and you (the user/subscriber).
Provision of Services
The services on offer by goumbrella are provided as internet only services, i.e. the provision of all services will be communicated by way of telephone, voip, e-mail, fax and/or internet only. By operating in this way, we are able to keep our costs down and pass on the savings to you. You recognise the benefit of this and in return agree to communicate with us on this basis.
Commercial use
This website is for non-commercial, personal use only. In the event that you use any of the content contained within this website for commercial use, goumbrella shall be entitled to charge you at its rates from time to time in respect of such commercial use.
Any use of the website and the data contained herein, including but not limited to the use of telephone numbers that is not for personal use is strictly prohibited.
Personal use
This website is for personal use only. Personal use means use by any contracting individual (the user/subscriber) with a genuine interest in using goumbrella's services to fulfill a contract role or any recruitment agency representative with a genuine interest in highlighting goumbrella's services to one or more of their contracting candidates who are looking to fulfill a contract role.
All other use is strictly prohibited.
Copyright
The copyright in the material contained in this website belongs to goumbrella or its licensed source. Any person may copy any part of this material, subject to the following conditions:
- the material may not be used for commercial purposes
- the copies must retain any copyrights or other intellectual property notices contained in the original material
- the products and technology or processes described in this website may be subject to other intellectual property rights reserved by goumbrella or by other third parties (and no licence is granted in respect of those intellectual property rights)
- images on this website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s)
Changes to Terms and Records of Agreements
We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for online, together with any related application form completed and submitted. Any amendment to terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contract.
goumbrella reserves the right, at any time and without prior notice, to remove or cease to supply any product or service contained within this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever.
Disclaimer
Whilst goumbrella has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to goumbrella, or the products and services of the same (or to third party products and services), are provided on an "as is" basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will goumbrella be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, economic, consequential or special loss.
goumbrella does not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information.
goumbrella does not warrant that the functions or materials accessible from or contained within this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Headings
The headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
Intellectual Property Rights
All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to goumbrella or its licensed source. All rights of goumbrella in such Intellectual Property Rights are hereby reserved.
Jurisdiction and Law
Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. goumbrella makes no representation that any product or service referred to on the website are appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this website from other locations are responsible for compliance with local laws (including tax laws) if and to the extent local laws (and tax laws) are applicable.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
Ownership of Website
This website belongs to Go Management Ltd T/A GoUmbrella // Registered in England and Wales // Registered number: 05567454 // Registered office: Venture House, Arlington Square, Downshire Way, Bracknell, Berkshire, RG12 1WA // VAT number: 869 1462 88
Products and Services
If you apply for any product or service detailed on this website, these Terms and Conditions should be read in conjunction with any other terms and conditions which relate to any such product or service and, in the event of any contradiction between these Terms and Conditions and the specific terms and conditions relating to such product or service, the latter shall prevail. For the purposes of these Terms and Conditions, product(s) and service(s) shall include, without limitation, any insurance or financial service.
Any reference to a discount in overheads solely relates to where a discount may be applied to the standard administration overhead and not in relation to any other Employer Overheads that will or may apply when using our service, including but not limited to the cost of the Employers National Insurance.
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As an umbrella company employee you will be responsible for covering the cost of the Employers National Insurance. The current rate for Employers National Insurance is 13.8%. The rate of pay applicable on a contract when using an umbrella company is commonly referred to as a limited company rate of pay and may include an uplift for the aforementioned cost when working via an agency. If you are unsure if your prospective contract rate includes the provision for Employers National Insurance you should check with the agency for clarification. It is therefore very important to note that you will bear the cost for the Employers National Insurance and that a deduction of 13.8% to cover this cost will be accounted for as part of our standard payroll procedure. This overhead is a statutory tax that is paid over to HMRC as part of the monthly payroll liability and is non-recoverable. If you do not agree with this aspect of the service then you should refrain from completing an application with us.
If you register with GoUmbrella in association with any advertised free offer and/or by way of redemption of a qualifying discount code obtained from either an agency or other third party, we will agree to discount our standard administration overhead (£25.00 per week worked*) by 100% to £0.00 per week worked inclusive of same day faster payments and insurance (where applicable). This offer will apply to the term of the initial contract assignment only and as specified in writing as such, i.e. if the first contract at x client via y agency is for 3 months and the term is indicated as such in the initial formal contract, the offer would apply for the full duration of that 3 month contract. For any continuation or subsequent contract assignments, an administration overhead would be levied for the service provided thereafter; however this would be calculated at a reduced rate. The reduced rate will be determined by the standard advertised rate of our administration overheads at the time, but will be condensed by 50% representing further great savings in the form of an on-going loyalty discount that will apply for every other subsequent contract assignment worked on during the employment.
1st Contract signed = £0.00 cost for the period specified in the 1st contract --> Extension and/or subsequent contracts signed = £4.27 P/W** (£12.50 gross) in applicable administration Overheads for the rest of the employment irrelevant of who the contract is with or its duration.
If the initial contract is for a period greater than 3 months then a 3 month cap will apply to the free offer and where a contract is set out on a rolling, on-going basis or the end date is not clearly defined in the initial contract, our agreement to provide free umbrella services will apply to the first 3 months only. Free service offers are redeemable at the point of application only, redeemable by contractors that are new to GoUmbrella (i.e. have not used the umbrella service before) and are subject to these terms and conditions.
* Rates as at 6th April 2010
** Figure after tax relief and assumes tax is payable at the higher rate
Discounted overheads that are applicable will apply for the duration of an offer or for the period agreed and will not normally exceed a period of longer than 3 months in total. GoUmbrella may at its discretion however agree that a reduction on its overheads may continue in force for periods longer than 3 months, but only where this arrangement is agreed in writing will the contractor be eligible to continue to receive the benefits of such an arrangement.
Cash back incentives are redeemable after the first three months of any qualifying contract have been completed and where the service has been provided at the standard rates and the employers overheads are met in full.
GoUmbrella will offset its standard administration overheads in full for the remainder of a contract, where either the service is discounted or offered free of such overheads and those deductions will become applicable from the date that it is known that the employment contract will terminate. In addition to this a deduction to cover the cost of Insurance at £4.75 per week will also apply. GoUmbrella also reserves the right to reclaim retrospective costs for loss in its administration overheads in circumstances where only one temporary contract has been fulfilled during the complete term of employment where either the standard administration overheads were waived in part or in full.
Trademarks
The images, logos and names on this website which identify goumbrella or third parties and their products and services are proprietary marks of goumbrella and/or the relevant third parties. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of goumbrella or any third party with respect to any such image, logo or name.
