These are the terms of service regarding the hiring of temporary staff via Fu Films G.K. . The terms here represent commonly upheld global best practices for freelancer work and are designed to protect both the hiring party and the individual providing services. For the purpose of clarity, Fu Films G.K will henceforth be referred as “the company, the hiring party as “the client”, “hiring party” or “employer”, while the individual providing services will be referred to as “the temporary”, “the candidate” or “the employee”.
1. No variation of these terms is valid or shall be binding on Fu Films unless confirmed in writing with the authority of a Director. (See article 18.)
2. All accounts and charges are payable within 90 days from the date of invoice and payment should be made to Fu Films G.K. It is the responsibility of the hiring party to ensure and guarantee payment - money cannot be withheld due to non-payment of any 3rd parties or due to circumstances outside of the agreement between the employer and employee. For long-term projects (over 1 ½ months) the payment should be broken up into monthly, or appropriate periodical, segments (to be negotiated on a case-by-case basis).
3. Consumption tax is payable on top of the agreed compensation at the prevailing rate.
4. In the case of late payments (any payment that has gone over 90 days since a valid invoice has been issued), Fu Films may reserve the right to charge interest at the annual rate of 5% above the base rate from time to time of the Company's bankers (both before and after judgment) and that such interest may be claimed by the Company from the date of invoices until the date of payment.
5. If any employee of Fu Films or any of its subsidiary companies is engaged by the Client on a temporary, permanent or self-employed basis, these terms of business will apply.
6. Fu Films can accept no liability whatsoever for any loss, damage, costs, or expenses howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with or as a result of the introduction/engagement to, the temporary candidate.
7. By agreeing to engage or make use of a Fu Films employee or a connected temporary in any position of employment or work the Client is deemed to have accepted these terms of business.
8. The charge made for services will be in accordance with the scale of charges advised to the Client at the time of booking, The charge will consist of the Temporary's pay, commission, any expenses to be reimbursed, and where appropriate intermediary bank fees and exchange costs.
9. If the Client is dissatisfied with the services on the first day of an engagement the client must notify Fu Films no later than the end of business on the first day of the engagement. Failure of a client to notify Fu Films of any dissatisfaction with the service will be deemed to be an acceptance in full of the services. The validity of any claims will be reviewed by Fu Films. If the Client is dissatisfied with the work of the temporary at any point during the employment, cancellation fees will apply (see 16).
10. In the case where the temporary is unable to fulfill their end of the arrangement, and if no satisfactory arrangement can be made to compensate, Fu Films will recommend an alternative candidate (of a comparable standard according to Fu Films) out of courtesy, or waive all, as yet, unfulfilled fees. It will not, however, be eligible for any other extra liabilities.
11. The Client is responsible for complying with the provisions of Japanese Labor Laws and any other health and/or industrial safety statute and any regulations made under these Acts and the Client will be solely responsible for any liability arising thereunder and will indemnify Fu Films against any liability loss or damage whatsoever arising thereunder in connection with the assignment.
12. Client is responsible for ensuring that the Temporary receives entitlements to rest breaks and rest periods in accordance with Japanese Labor Laws ("the Regulations') and for ensuring that the Temporary's working time does not exceed the limits imposed by the Regulations unless Fu Films has informed the Client that the Temporary has agreed to exclude the operation of the Regulations in respect of the 48-hour working week. The Client will inform Fu Films of any work the Temporary is to perform which involves special hazards or heavy physical or mental strain and of any collective or workforce agreement in existence under Regulation Article 92 which identifies such work.
13. If within 12 months of an introduction of the Temporary or the completion by the Temporary of his or her assignment (whichever is later), the Client agrees to employ or make use of the Temporary in any capacity whether temporary, permanent, or self-employed otherwise than directly through Fu Films or the Client refers the Temporary to an associated or subsidiary company of the Client or to any third party who so employs or makes use of the Temporary, the Client will be liable for a fee of 400x the Temporary's hourly rate without entitlement to rebate as an introductory fee. Interest will be charged at the annual rate of 5% above the base rate from time to time of the Company's bankers (both before and after judgment) and such interest may be claimed by the Company from the date of invoices until the date of payment.
14. The Client shall notify Fu Films immediately on engaging or making use of The Temporary introduced by Fu Films.
15. If a job is unconfirmed but the client wishes to check on the availability of an editor, a “pencil” booking can be made - where neither party is as yet contractually obliged to fulfill the booking, but are however obliged to update the other party on their status as a courtesy. Once a booking is confirmed, however, both parties are committed to fulfilling the terms of the agreed services.
16. In the event that a confirmed booking is canceled by the client within 5 days of the start date or during a confirmed period, Fu Films may apply a cancellation fee of 100% of the agreed cost for the confirmed period. If a cancellation of a confirmed booking takes place 6 or more days before the confirmed start date, the company may apply a 50% cancellation fee. In the case of long-term bookings (jobs longer than one and a half months), the previously mentioned cancellation fees are only applicable to a maximum of 21 days, with any remaining agreements declared null and void.
17. Fu Films reserves the right to withhold work, data, intellectual property, or anything relating to the services provided if the client fails to live up to the terms and conditions as stated here.
18. Any job whose terms are not satisfactorily covered by the above in the eyes of all parties (e.g. flat fee projects) must have a formal written agreement in place with clear agreed-upon terms of service including timelines, deadlines, number of revisions, overtime pay, etc. The terms of such a document may override the terms stated here unless any of the arrangements in the document do not specifically cover and/or are not agreed to by Fu Films. In such a case, un-specified terms will revert to the agreement stated in this document.
19. This agreement will be governed by the laws of Japan.
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