Pendulum Contracting Services Limited

03rd Floor
12 Temple Street
Liverpool
Merseyside
L2 5RH

Tel: 0333 0066 296

E-mail: [email protected]
Marian-Andrei Budasu
27 Robinson Road

Dagenham

RM10 7SS

06 August 2024
Dear Marian-Andrei,

Welcome to Pendulum Contracting Services Limited

Contract for Services - Sub-Contractor Agreement
Congratulations on your new assignment as a self-employed worker. We would now ask you to read the contents of this
offer letter and contract carefully to ensure all the details are correct. If any of the information appears to be incorrect
please contact us immediately so we can amend your records.

Your Sub-Contractor ID: O&BLON/11215

Mobile Telephone Number: 07947688815
Email Address: [email protected]
Company Margin: £19.00

The terms of contracting have been discussed and are set out and enclosed in the Contract for Services below. You should
now acknowledge receipt and agreement to the terms by either accepting the terms electronically via the portal or
alternatively printing off this document, signing it and returning it by post or e-mail. We ask that you do this within 7 working
days. You are required to provide current identification in line with the Home Office Right to Work Checklist.
Further documentation relating to your contracting will be forwarded to you by post/e-mail which you will also need to
action.
To ensure that your payments are processed swiftly, we recommend that your hours are submitted to your agency in
accordance with their deadlines. Once your registration process is complete, any payments made to you will be advised
by SMS messaging before you receive a Remittance Advice Statement via the electronic portal.
We look forward to being of service to you and wish a successful contract. If you have any questions please contact our
Administration Team who will be happy to assist you.
Yours sincerely,

For and on Behalf of

PENDULUM CONTRACTING SERVICES LIMITED
 Pendulum Contracting Services Limited
Contract for Services
THIS AGREEMENT is made on this day 26/07/2024 BETWEEN:
Pendulum Contracting Services Limited of 03rd Floor, 12 Temple Street, Liverpool, Merseyside, L2 5RH (the
"Company")
and
"The Sub-Contractor"
Marian-Andrei Budasu of 27 Robinson Road, , Dagenham, , RM10 7SS ("The Sub-Contractor" or "You")
IT IS HEREBY AGREED as follows.
1. INTERPRETATION
1.1 In this Agreement the following words shall, unless the context otherwise requires, have the following meanings.
"Agency Legislation"
Means Chapter 7, Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) as amended and Social Security
(Categorisation of Earners) (Contribution) (Amendment) Regulations 2014.
"Assignment"
Means work allocated to the Sub-Contractor at various sites across the United Kingdom relative to the Works Order.
"AWR"
Means the Agency Workers Regulations 2010.
"Client"
Means the Company's Clients for whom the Sub-Contractor may be requested to provide the Services.
"Company Representative"
Means account manager or such other person as appointed by the Company from time to time.
"Contract Sum"
Means the amount of compensation stated in the Works Order for the performance of the work.
"Control"
Means being subject to (or the right of) supervision, direction or control by any person.
"Employment Income"
Means a payment which falls within the Agency Legislation.
"Services"
The activities or duties specified in the Schedule to this Contract or detailed in a Works Order.
"Taxes"
Any income tax, corporation tax, value added tax, social security or other tax or statutory charge relating to payments made
to the Sub-Contractor under this Contract (including any interest and penalties).
"Works Order"
Means a letter or oral instruction from the Company to the Sub-Contractor providing details or outlining the terms of a
specific engagement with a Client.
1.2 When denoting the masculine gender, words or expressions used herein shall, where appropriate, include the
feminine and vice versa and when denoting the singular include the plural, and vice versa.
1.3 References in this Contract to clauses, sub-clauses, paragraphs and schedules are to clauses, sub-clauses,
paragraphs and schedules of this Contract unless stated otherwise.
1.4 References to any legislation shall be deemed to include any statutory amendment or re-enactment whenever
made, any previous enactment consolidated in it and any regulation or order made under it.
1.5 The clause headings are for ease of reference only and shall not affect the construction or interpretation of this
Contract.
1.6 This agreement represents the entire agreement between the parties and substitutes any former agreement
between the Company and the Sub-Contractor and any such former Agreement whether formal or informal shall be
deemed to have terminated by mutual consent on the date of this Agreement.
1.7 The rights and obligations arising out of this Agreement are personal to the parties but may be sub-contracted by
either party, with the consent of the other party, whose consent shall not be unreasonably withheld or delayed.
1.8 The parties agree that the relationship between the parties is not one of employer and employee.
1.9 On each assignment where control exists the Sub-Contractor will remain working in a self-employed capacity
although his tax status will be that of 'employed' in accordance with the Agency Legislation. This will have no effect upon his
employment status which will remain that of a self-employed Sub-Contractor.
1.10 There is no obligation for the Sub-Contractor to provide his services personally and so, he does not meet the
criteria of an Agency Worker as defined in the Agency Workers Regulations 2010, nor of a worker in the National Minimum
Wage Act 1998, nor of a worker in the Pensions Act 2008, nor of a worker in the Employment Rights Act 1996 and nor of a
worker in the Working Time Regulations 1998.
1.11 The Sub-Contractor confirms his understanding of the fact that, as a self-employed Sub-Contractor, he has no claim
to any employment rights such as holiday pay, redundancy pay, grievance rights or sick pay (this list is not exhaustive)
throughout the duration of this contract.
1.12 This Contract for Services will constitute an overarching frame-work agreement with the Sub-Contractor under which
all Works Orders will be performed. It is, therefore, reasonable to assume that the Sub-Contractor will be requested to
undertake a series of Assignments (subject to Works Orders) under this Contract for Services which will be temporary in
duration (less than 24 months).
2. SUB-CONTRACTOR OBLIGATIONS
2.1 The Sub-Contractor confirms that he is self-employed running his own business and agrees that he has no authority
to bind the Company in any way and shall not represent that any such authority exists. The Sub-Contractor must not incur
any liability on behalf of the Company and must not make any arrangement, formal or informal, on behalf of the Company
without seeking the approval of the Company.
2.2 The Sub-Contractor is entitled to accept and perform engagements from other contractors or third-parties at any
time. By entering into this Contract for Services the Sub-Contractor agrees that he will make himself available to execute
Works Orders as required (subject to other business commitments) but shall not be obliged to accept all Works Orders.
2.3 The Sub-Contractor will be subject to the Agency Legislation in respect of any assignment during which he is
subject to control by any person. In such circumstances, the Sub-Contractor is to be treated for income tax purposes as
holding an employment.
2.4 The Sub-Contractor agrees to comply with any reasonable request for information with regard to his being subject to
control (or the right of control) by any person and to respond to such requests within stipulated timescales.
2.5 The Sub-Contractor shall provide safe systems of work for himself and any additional persons engaged by him for
work carried out on behalf of the Company. The Sub-Contractor recognises the responsibilities of self-employed persons
under the Health and Safety at Work Act and related legislation and agrees to follow the Company's Health and Safety
policies as far as they affect self-employed persons.
2.6 The Sub-Contractor is required to provide, at his own expense, sufficient insurance to cover third party risks in
relation to persons and property and against liability in respect of accident or injury to employees of the Sub-Contractor
whilst undertaking the contract. This certificate must be presented to a company representative prior to undertaking work
under this contract for services. The Company may be able to provide a list of suitable insurers if required.
2.7 In the event that the Sub-Contractor accepts an assignment, and is unable or unwilling to undertake the work
personally, he will be required to engage a substitute Sub-Contractor in order to fulfil the terms of the Contract. In the event
that the Sub-Contractor is unable to locate a suitable substitute, the Company will make the necessary arrangements to
ensure that the contract is completed. Any costs associated with replacing the Sub-Contractor will be re-charged by the
Company to the Sub-Contractor or monies will be withheld from future payments.
2.8 In the event that additional operatives are supplied by the Sub-Contractor to carry out any of the services, the Sub-
Contractor will remain responsible for all employment matters, the quality of the workmanship and for payment to any
additional operatives. The rate agreed with the Sub-Contractor includes any costs associated with the engagement of
additional operatives engaged by the Sub-Contractor. The Company will have no contractual relationship with such
additional operatives.
2.9 The Sub-Contractor confirms that both the Client to whom the services will be provided and the Agency has been
informed, and accepted, that the Sub-Contractor may use a substitute or representative to fulfil the terms of the Contract.
2.10 The Sub-Contractor will provide, at his own expense, all tools and other equipment as shall be necessary to carry
out the assignment.
2.11 Pursuant to Regulation 3 (2) (a) (b), the Sub-Contractor agrees that the Agency Worker Regulations 2010 will not
apply to this Contract for Services.
3. QUALITY OF SERVICE PROVISION
3.1 The Company relies on the skill and judgement of the Sub-Contractor in carrying out the services under the
Contract, which the Company expects to be consistent with the Company's high standards of quality and client service.
Subject to this and subject to the normal requirements of providing a safe and satisfactory service to the Client, the Sub-
Contractor may determine the manner in which the work is carried out.
3.2 The Sub-Contractor may provide suitably trained workers instead of, or in addition to himself, to assist in carrying
out assignments for the Company. However, it is the Sub-Contractor's responsibility to ensure that such additional workers
do not compromise the Sub-Contractor's ability to meet service standards.
3.3 In the event that the Company is contacted by a Client, stating that remedial work is necessary, the Sub-Contractor
shall be required to carry out any remedial work deemed necessary by the Company, at a pre-arranged time, within a
period specified by the Company. If the Sub-Contractor is unable to fulfil the request, the work will be completed by another
Sub-Contractor. All associated costs will be recharged to the Sub-Contractor named in this agreement.
4. COMPANY OBLIGATIONS
4.1 The Company is under no obligation to offer or provide assignments on a continuous basis to the Sub-Contractor
and nothing in this agreement shall commit or shall be construed as committing the Company to offer or provide such work.
A Works Order will be issued or verbally communicated for each assignment under this Contract for Services.
4.2 The Works Order will stipulate whether, in accordance with the Agency Legislation, the remittance payable to the
Sub-Contractor will be treated as employment income and so, subject to tax and National Insurance contributions (NIC).
4.3 In the event that a Sub-Contractor accepts a Works Order and is unwilling or unable to fulfil the Works Order
personally, the Company will give the Sub-Contractor the opportunity to find a substitute Sub-Contractor within the original
contract timeframe. The Sub-Contractor named on this agreement will be responsible for payment and the quality of
workmanship.
4.4 In the event that the Sub-Contractor is unable or unwilling to provide a substitute Sub-Contractor, the Company may,
at its discretion, offer the Contract to a replacement Sub-Contractor to meet client requirements. Any charges associated
with engaging with a replacement Sub-Contractor will be re-charged to the Sub-Contractor.
4.5 Under no circumstances will the Company pay the Sub-Contractor for any hours where no services are provided.
4.6 The Company accepts that the Sub-Contractor is acting in a genuine business to business relationship pursuant to
Regulation 3(2) (a) (b) Agency Worker Regulations 2010. Consequently, the AWR will not apply to this Contract for
Services.
4.7 During periods where the Sub-Contractor's tax status is that of employed the Company will administer claims for
eligible travel expenses incurred in the course of provision of his services. Where eligible expenses are payable the
Contract Sum will be adjusted to arrive at the level of profit which will be subject to PAYE and NIC. Claims must be made in
accordance with the Company Expense Policy and approved by the Company.
4.8 The personal data that you provide to the Company will be processed for the necessary performance of this
Contract for Services in accordance with the current data protection legislation and any legal obligation which the
Company is subject to in its role as your Contractor.
5. PAYMENT TERMS
5.1 The Sub-Contractor shall maintain an accurate timesheet detailing the number of hours worked. At the end of each
week of an assignment, the Sub-Contractor shall deliver to the Client a timesheet duly completed to indicate the number of
hours worked by the Sub-Contractor during the preceding week and signed by an authorised representative of the Client.
5.2 The Sub-Contractor agrees to allow the Company to prepare invoices on its behalf and shall confirm to the
Company whether the Sub-Contractor is registered for VAT. Invoices raised shall, where applicable, constitute a VAT
invoice and will include tax and NIC deductions as appropriate when the Agency Legislation applies.
5.3 The Contract Sum will be agreed between the Company and the Sub-Contractor. Any rate specified by the Client
either verbally or on the Works Order will represent the rate agreed between the Company and the Client for the supply of
services and will have no relevance to the Contract Sum agreed with the Sub-Contractor.
5.4 The Company shall settle all approved invoices within 7 days of receipt unless otherwise agreed by electronic
transfer into the nominated bank account the details of which shall be provided by the Sub-Contractor.
5.5 The Sub-Contractor acknowledges and accepts that he is trading as a business and, as such, the Company will not
pay statutory sick pay, holiday pay, and statutory maternity pay or contribute to or make available a pension scheme to the
Sub-Contractor or his representatives.
5.6 Any payment made to the Sub-Contractor for holiday pay will be as a consequence of this Contract for Services
and will not arise out of statutory entitlement. Payment of holiday pay will not infer entitlement to statutory employment rights
or render this Contract to be a Contract of Employment.
5.7 The Company shall be under no obligation to make a payment in accordance with clause 5.4 if, at the time the
payment is otherwise due, the Sub-Contractor has failed to perform his obligations under clause 5.1.
6. CONSTRUCTION INDUSTRY SCHEME (CIS)
6.1 Where the CIS applies, the Sub-Contractor will provide sufficient details, as required from time to time, to enable
the Company to verify the tax status of the Sub-Contractor with HM Revenue and Customs (HMRC). If appropriate, and
where the Agency Legislation does not apply, the Company will make a statutory deduction (either 20% or 30%) from all
payments which do not constitute the direct cost of any materials supplied. The Company will supply the Sub-Contractor
with a Tax Payment Statement by the 19th of the month following the end of the income tax month to which the payment
relates.
6.2 In the event that the Sub-Contractor is subject to Control in the provision of his Services, the Agency Legislation will
take precedence over the operation of deductions under the Construction Industry Scheme.
7. PROVISION OF TRANSPORT
7.1 The Sub-Contractor will ensure that he has appropriate transport in order to fulfil any assignment which may be
offered.
8. TAXATION
8.1 Save for when the Agency Legislation applies, the Sub-Contractor shall be responsible, for all taxes in relation to the
provision of services to the Company together with all employment obligations in connection with any person engaged by
the Sub-Contractor in carrying out assignments for the Company.
8.2 The Sub-Contractor shall defend and keep the Company fully and effectively indemnified against any damage,
claim, cost, expense or liability the Company may suffer arising out of or relating to any Taxes associated with this
agreement outside those assignments when his remittance is paid as Employment Income.
9. TERMINATION OF THE AGREEMENT
9.1 This Agreement may be terminated by either party by giving one week's written notice to that effect to the other
party.
9.2 The parties acknowledge that the continuation of an assignment is subject to the continuation of the contract entered
into between the Company and the Client for the provision of the services to the Client.
9.3 In the event that the contract between the Company and the Client is terminated for any reason then the assignment
will cease with immediate effect without liability to the Company.
9.4 The Company may terminate this Contract without notice in the event of:
(a) the Sub-Contractor being convicted of a criminal offence which the Company believes would adversely affect the
business of the Company or its Client or the provision of the services;
(b) the Sub-Contractor acting in breach of the rules and regulations in operation at the Client's place of work;
(c) the Client having to request the Sub-Contractor to leave the Client's place of work;
(d) the Client having to request the Sub-Contractor to cease performing the Services for whatever reason;
(e) the Sub-Contractor proving to be unsatisfactory to the Client, for any reason; or
(f) the Sub-Contractor becoming insolvent, subject to a winding-up petition or bankruptcy order, having a receiver
appointed over his property or making a proposal to enter into any voluntary arrangement pursuant to the Insolvency Act
1986.
10. ACKNOWLEDGMENTS
10.1 The Sub-Contractor acknowledges that all copyright, trademarks, patents and other intellectual property rights
derived from services carried out during the term of the Contract by the Sub-Contractor or any substitute Sub-Contractor
shall either belong to the Company or the Client.
10.2 The Sub-Contractor acknowledges and accepts that its Services (and those of any substitute Sub-Contractor) are
supplied as an independent Sub-Contractor.
11. NOTICES
11.1 All notices which are required to be given hereunder shall be in writing and shall be sent to the registered office from
time to time of the party upon whom the notice is to be served. Any such notice may be delivered personally or by first
class prepaid post or facsimile transmission and shall be deemed to have been served when delivered, if by hand, within
48 hours, if by first class post and when dispatched if by facsimile transmission.
12. LIABILITY
12.1 Subject to the terms of this clause 12, the Company shall not be liable for loss, damage or injury to any party
resulting from the negligent acts or omissions of the Sub-Contractor or any substitute Sub-Contractor, except in each case
to the extent that such acts or omissions constitute and give rise to a breach of this Contract by the Company and subject
to the limitations on liability below.
12.2 The Contractor shall not be liable for loss, damage or injury to any party if such acts or omissions were done or
omitted to be done in accordance with the Company's instructions.
12.3 Save in respect of death, personal injury or fraud, the Company's liability to any party under this Contract whether
arising under any statute, in Contract or in tort, shall in respect of any claim or series of related claims not exceed £1
million.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms shall be construed in accordance with the laws of England and Wales and all disputes, claims or
proceedings between the parties relating to the validity, construction or performance of these Terms shall be subject to the
exclusive jurisdiction of the Courts of England and Wales.
13.2 Any claims under this Agreement must be commenced within 6 months of the cause of action giving rise to the
claim occurring.
14. ILLEGALITY
14.1 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason
whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the
force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the Parties of these
Terms, such terms or provisions shall be divisible from these Terms and shall be deemed to be deleted and the remaining
terms shall continue in full force and effect, provided always that if any such deletion substantially affects or alters the
commercial basis of these Terms the parties shall negotiate in good faith to amend or modify the provisions and terms of
these Terms as necessary or desirable in the circumstances.
15. MISCELLANEOUS
15.1 In the event of any conflict or inconsistency between these Terms and any other Terms and Conditions now, or in the
future, these Terms shall prevail.
15.2 Except as otherwise provided herein, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these
Terms and no person other than the Company and the Sub-Contractor shall have any rights under it.
15.3 These Terms replace and supersede any other terms and conditions provided by the Contractor or the Company in
respect of any agreement relating to the subject matter hereof now or in the future unless expressly otherwise agreed by
the Parties

SIGNED by

The Sub-Contractor

SIGNED by

for and on behalf of the Company

 Key Information Document

This document sets out key information about your relationship with us and the intermediary or
umbrella company used in your engagement, including details about pay, holiday entitlement and
other benefits.

For further information please contact O'Neill and Brennan Construction Ltd [Tel: 01707648880]

The Employment Agency Standards (EAS) Inspectorate is the government authority responsible
for the enforcement of certain agency worker rights. You can raise a concern with them directly
on 020 7215 5000 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8am to
6pm.

GENERAL INFORMATION

Your name: Marian-Andrei Budasu

Name of employment business: O'Neill and Brennan Construction Ltd

Name of intermediary or umbrella company: Pendulum Contracting Services Limited

Your employer: Self-employed

Type of contract you will be engaged under: Contract for Services

Who will be responsible for paying you: Pendulum Contracting Services Limited

How often the umbrella company and you Weekly / Fortnightly / Monthly
will be paid:

INTERMEDIARY OR UMBRELLA COMPANY PAY INFORMATION

You are being paid through an intermediary or umbrella company: a third-party organisation that
will calculate your tax and other deductions and then pay you for the work undertaken for the
hirer. We will still be finding you assignments.

The money earned on your assignments will be transferred to the umbrella company as part of
their income. They will then pay you your remuneration. All the deductions made which affect
your remuneration are listed below. If you have any queries about these please contact us.

Your remittance advice may show you as a contractor of the umbrella company listed below.

Name of intermediary or umbrella company: Pendulum Contracting Services Limited

Any business connection between the None

intermediary or umbrella company, the
employment business and the person
responsible for paying you:
Expected or minimum gross rate of pay Prevailing NMW /NLW age related rate
transferred to the intermediary or umbrella
company from us:
Deductions from intermediary or umbrella Employer’s National Insurance
income required by law: (deductible under the application of
section 44 Income Tax (Earnings and
Pensions) Act 2003)

Any other deductions from umbrella income Margin e.g. £18.00 per week
(to include amounts or how they are
calculated):

Expected or minimum rate of pay to you: Prevailing NMW /NLW age related rate

Deductions from your wage required by law: Tax and Employee’s National Insurance
(deductible under the application of
section 44 Income Tax (Earnings and
Pensions) Act 2003)

Any other deductions or costs taken from None

your wage (to include amounts or how they
are calculated:
Any fees for goods or services: None

Holiday entitlement and pay: Not applicable – self employed

Additional benefits: None

EXAMPLE PAY

Intermediary or umbrella Worker fees

fees
Example gross rate of pay to £600.00
intermediary or umbrella
company from us:
Deductions from intermediary Employers NI £49.36
or umbrella income required by
law:
Any other deductions or costs Margin £18.00
taken from intermediary or
umbrella income:
Example rate of pay to you: £532.64

Deductions from your pay Tax £58.00

required by law: Employee's NI £23.25

Any other deductions or costs None

taken from your pay:

Any fees for goods or services: None

Example net take home pay: £451.39