Terms & Conditions
Welcome to Syft Online Limited of 53 Parker Street, London, WC2B 5PT (company registration number 09372516) referred to as “Syft” or “the Company” provides an online platform to businesses who require extra staff on a short term basis (“Client”) and individuals who are 18 years and older and are willing to contract on a short term basis to fulfil staffing shortages (“Job Seekers”) can connect with each other. These Terms of Service preside over the use of the services offered by Syft on the web application (accessed via the URL https://syftapp.com) or mobile applications (iOS and Android). Such services, website and mobile applications together are hereinafter referred to as the “Service”.
At no time does Syft exercise control over its Job Seekers, such that control could be ceded by Syft to its Clients. The obligations owed by a Job Seeker to Syft and visa versa begin only after the Job Seeker has accepted an Assignment and, accordingly, has come under the control of the Client. Syft only provide introductory services, together with other ancillary services, including evaluating Job Seekers’ capabilities, taking references and a payments service in respect of payments of the pay rates to Job Seekers. By accessing and using the Service you accept these Terms of Service, and you consent to receiving calls and text messages from us to your mobile phone, if we consider this necessary in order to facilitate fulfilment of an Engagement.
“Assignment” means the working arrangement agreed upon between the Client and Job Seeker, including but not only details of pay rate, tasks to be accomplished and conduct;
“Engagement” means the engagement, or use by the Client or the Client’s contacts, whether under a contract of service or for services, or where a Job Seeker is retained by the Client in a personal or corporate capacity as an agent, franchisee, partner or any other engagement whatsoever and includes any engagement made as a consequence of accessing the Service (defined below), including engagements made by third Parties as a consequence of the Client passing on any information obtained as a result of using the Service;
“Introduction” means the contact between the Client and Job Seeker via the Service. For all other intents and purposes Introduction can also mean the Client’s interview of the Job Seeker, or the passing of the Job Seeker’s Curriculum Vitae or other information which identifies the Job Seeker to the Client, and which has the effect of leading to the Engagement of the Job Seeker, or any other conduct between Syft, Client and Job Seeker which directly or indirectly implies that there exists an arrangement for Syft to introduce potential Job Seekers to the Client;
“Job Seeker” means the individual who is engaged by the Client for the purposes of carrying out work on a temporary, temporary to permanent or permanent basis as the case may be;
“Regulations” means the Agency Workers Regulations 2015;
“Service Fee” means the variable fee as defined in the Service Level Agreement charged by Syft for the Engagement of a Job Seeker via Syft’s Service to the Client.
“Shift” means one working shift within an Engagement between the Client and Job Seeker, where one Engagement can have multiple shifts;
- This Agreement is between Syft and the Client and its terms are deemed to be accepted by the Client by virtue of using the Service.
- In the absence of a signature on the contract by either party, the Terms of Service are deemed to be accepted by both the Client and Syft by virtue of using the Service or the Engagement of a Job Seeker introduced by the agent of Syft.
- The headings used in this Agreement (including its division into subsections) are for convenience only and do not affect its interpretation.
- Each right or remedy of Syft under the Agreement is without prejudice to any other right or remedy of Syft whether under the Agreement or not.
- If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, void-ability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.
- Failure or delay by Syft in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of its rights under the Agreement.
- Any waiver by Syft of any breach of, or any default under, any provision of the Agreement by the Client shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement.
- The parties to the Agreement do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- No variation can be made to these terms without the written consent of a director of Syft, and this Agreement, together with any documentation referenced within it, constitute the entirety of the agreement between the Client and Syft.
- The unauthorised employment of a Job Seeker by the Client or the passing of an Introduction to another employer which results in an Engagement renders the Client liable to payment of Syft’s Service fees.
- All Service fees will be charged for any Job Seeker engaged as a consequence of or resulting from an application to Syft, even where the Introduction is made indirectly.
- The Client agrees to pay the hourly rate agreed between themselves and the Job Seeker on Syft’s Service. In addition to the agreed hourly rate between the Client and the Job Seeker, the Client also agrees to pay the Employer’s National Insurance Contribution where applicable for the hired Job Seeker and pay Syft a Service Fee for use of the platform. Details of charges are available during the course of an Introduction and are calculated on an hourly basis at rates according to the specification of each individual booking. Value Added Tax shall be added on top of all charges..
- Timesheets are automatically calculated on Syft’s Service from when the Job Seeker clocks in and clocks out on their smartphone device, at the beginning and the end of their shift respectively. All timesheets for shifts worked from Monday to Sunday in the previous week, need to be approved by 6pm GMT Monday. Failure to approve shifts by that time will result in you being charged the hours that are on the timesheet after 6pm that Monday.
- In consideration of the Company providing the Services in accordance with this Agreement, the Client shall receive an invoice weekly on Tuesdays showing the details of the Shifts completed between Monday 00:00am – Sunday 23:59pm in the previous week. All invoices shall be due for payment within 14 days from the invoice date unless agreed in writing otherwise. The Customer is responsible for all applicable taxes. Any fees not paid in accordance with this clause shall be subject to a late fee equal to one half percent (1.5%) of the unpaid balance per month or the highest monthly rate as defined by HSBC. The Company may, with or without notice, suspend or terminate access to the Services if the Client is more than fourteen (14) days delinquent in paying any undisputed invoice. If the Client receives an invoice which it reasonably believes includes a sum which is not valid and properly due (“Queried Invoice”) the Client shall notify the Supplier of the Queried Invoice in writing as soon as reasonably practicable; upon resolution of the Queried Invoice the Supplier shall provide a corrected invoice. The Client shall promptly pay the corrected invoice.
- Once the Client has booked a Job Seeker on the Service, they have up until 24 hours before the time of the first shift of the booked job to make any amendments or cancellations. If the Client wishes to cancel a job within 24 hours of the beginning of the first shift of the booked job, they need to contact Syft’s customer service team on 0203 322 5678 or email email@example.com. Cancellations within 24 hours of the shift will be subject to a charge of 4 hours of the hourly rate agreed between the Client and the Job Seeker(s) except at the discretion of Syft. If the Client wishes to amend a booked job within 24 hours of the starting time, they must contact Syft’s customer service, where unless the changes are approved, the Client will need to maintain the pre-arranged agreement between the Client and the Job seeker or they may be subjected to a charge of 4 hours of the agreed hourly rate should they wish to cancel.
- If on site of a booked job the Client asks the Job Seeker to extend their hours, it is at the discretion of the Job Seeker to do so or not. If the Job Seeker agrees to work extra hours, the Client will be subjected to pay for the extra hours worked and the original agreed hourly rate. The Client will be invoiced for any extra incurred costs within reason to the Job Seeker as a result of working later, such as food and travel expenses and will need to make payment for these extra costs within 2 weeks from the date of invoicing.
- Jobs booked outside London Zones 1-4 can be subjected to extra travel costs. If the Client forms an Engagement with a Job Seeker for jobs located in Zone 5, the Client is liable to pay an extra 30 minutes of the agreed hourly rate. If the job is located in Zone 6, the Client will be liable to pay an extra hour. These charges may be invoiced after the job has taken place and the Client will have to pay this invoice within 2 weeks from the date of invoicing.
- As part of its Service, Syft assumes responsibility for payment of remuneration, deduction and payment of all statutory contributions in respect of earnings related insurance and the administration schedule and income tax (PAYE) applicable to the Job Seeker, as required by law.
- As part of its Service, Syft assumes responsibility for the provision of holiday pay to the Job Seeker in accordance with English law.
- The minimum fee, to the Client will be 4 hours of the agreed hourly rate and the Service Fee, regardless of Shift duration.
- As part of its Service, Syft will use its best endeavours to obtain confirmation of the Job Seeker’s identity, and will equally use its best endeavours to ensure that the Job Seeker has the required skills, qualifications, experience, training, integrity and reliability from placements and further to only give suitable Job Seeker’s access to the Service.
- As part of its Service, Syft will take all reasonable steps to ensure that the Client and Job Seeker are aware of any legal requirements that need to be satisfied in order for the Job Seeker to work for the Client.
- Syft shall not be liable for any damage, delay, expense or any other loss for any reason whatsoever including consequential loss arising from any failure to engage any particular Job Seeker (or failure to engage a Job Seeker generally) for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the temporary placement engaged, nor for any other loss or potential loss which arises directly or indirectly from this Agreement. Nothing in this Agreement shall limit either Party’s liability for death or personal injury resulting from such Party’s negligence or for fraud, or otherwise to the extent that any limitation or exclusion is not permitted by applicable law. In the event of a liability arising which, for whatever reason, has not been excluded in this Agreement Syft’s liability shall be limited to the actual monies received by it in connection with the specific contract which gave rise to the liability.
- It will be the Client’s responsibility to supervise the Job Seeker(s) assigned to them sufficiently to ensure the Client’s satisfaction with reasonable standards of workmanship.
- Should the services of the Job Seeker prove to be unsatisfactory, Syft may at its sole discretion reduce or cancel the charge for the time worked by that Job Seeker, provided that the Job Seeker leaves the Assignment immediately and that notification is received by Syft, whether by electronic or written means, within four hours of the Job Seeker commencing duties where the booking is for more than seven hours or within two hours for bookings of seven hours or less.
- Job Seekers engaged via Syft are engaged under the direction and control of the Client from the time the Job Seeker and the Client form an Engagement and the Client agrees to be responsible for all acts, errors and omissions, be they wilfully negligent or otherwise, as though the Job Seeker were on the payroll of the Client and the Client will in all respects comply with all statutes, bylaws, codes of practice, legal requirements and any act of Parliament to which the Client is ordinarily subject in respect of the Client’s own staff, including, in particular, the provision of adequate employer’s and public liability insurance cover for the Job Seeker during all Assignments.
- The Client confirms that it will not cause or permit the Job Seeker to handle or have access to cash or other valuables. Where Syft’s consent is forthcoming the Client confirms that it will provide the strictest supervision and understands that it will bear full responsibility for any loss suffered.
- The Client acknowledges that the Job Seeker is not authorised or permitted by Syft, to enter into any contract with the Client purporting to be made or on behalf of Syft; to make any statements or representations to the Client purporting to be made by or on behalf of Syft and/or receive loans or advances on wages from the Client.
- The Client shall not cause or permit the Job Seeker to use any motor vehicle for any business purpose in connection with work allocated to him/her unless the Client has been previously been satisfied that adequate third party of insurance cover is in force in respect of such user. The Client will at all times keep Syft indemnified against any liability (whether in respect of any insured risk or otherwise) incurred by Syft or arising otherwise in connection with the use by the Job Seeker of any motor vehicle for any business purpose requested by the Client.
Agency Workers Regulations 2015
- In the event of an Engagement of a Job Seeker lasting 12 weeks, and the Client is the only hirer during that time, Job Seekers are entitled to the same basic terms and conditions as if they had been employed directly:- basic pay including holiday pay, overtime, and bonuses linked to your performance
– duration of working time e.g. if working is limited to a maximum of 48 hours a week
– night work
– rest periods and rest breaks
– annual leave
- In addition, pregnant agency Job Seekers who have completed the 12 week qualifying period, will be entitled to paid time off for ante natal appointments. These rules shall be following in addition to the other basic rights of Agency Job Seekers under the Agency Job Seekers Regulations 2015 and any other rights that the Job Seeker would be entitled to that may not be listed in this clause.
Anti-Bribery Policy Statement
Syft Online Limited is committed to conducting business in an ethical and honest manner, and is committed to implementing and enforcing systems that ensure bribery is prevented. Syft Online Limited has zero-tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate. Syft Online Limited will constantly uphold all laws relating to anti-bribery and corruption in all the jurisdictions in which we operate. We are bound by the laws of the UK, including the Bribery Act 2010, in regards to our conduct both at home and abroad.
Syft Online Limited recognises that bribery and corruption are punishable by up to ten years of imprisonment and a fine. If our company is discovered to have taken part in corrupt activities, we may be subjected to an unlimited fine, be excluded from tendering for public contracts, and face serious damage to our reputation. It is with this in mind that we commit to preventing bribery and corruption in our business, and take our legal responsibilities seriously.
Modern Slavery Statement
This statement is made pursuant to s.54 of the Modern Slavery Act 2015 and sets out the steps that Syft Online Limited has taken and is continuing to take to ensure that modern slavery or human trafficking is not taking place within our business or supply chain.
Modern slavery encompasses slavery, servitude, human trafficking and forced labour. Syft Online Limited has a zero tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain.
- The Client shall indemnify and keep indemnified for the term of the placement, Syft against any cost, claims and liabilities incurred by Syft from the Engagement of the Job Seeker by the Client including, for the avoidance of doubt, in respect of:
- any breach by the Client of the Regulations; and/or
- any breach of the Regulations by Syft in circumstances where the Client has failed to adhered to in clause 19 of this Agreement.
Non-Circumvention and Solicitation
- For a period of up to 30 weeks from the date of the last Shift Clients shall not engage in a contract for services or employment directly with a Job Seeker unless expressly agreed in writing by Syft. Syft reserves the right to invoice 30 weeks of Service Fees where Clients fail to seek prior consent in writing from Syft.
Changes to this Agreement and the Service
Referral Bonus (for Job Seekers)
- If an existing Job Seeker refers a friend using the referral code created in the app, we will give the referrer a £20 referral bonus when the referred friend redeemed the code and completed a shift within 30 days. The referred Job Seeker will receive the £20 bonus with the completed first shift payment.
- To benefit from the referral offer, the existing Job Seeker must use the referral code created in the app.
- The existing Job Seeker will only receive their referral voucher once the referred Job Seeker has completed the first shift after code redemption within 30 days. The payment will be paid with the next payroll.
- Referral bonus will not be issued for installations of the app. Syft will only accept referrals for new Job Seeker who have not done their first shift.
- Referral vouchers cannot be used in conjunction with any other marketing offer or promotion.
- Referral vouchers are issued on and limited to a one per account basis.
Contacting the Office
- The office is located at 53 Parker Street, London, WC2B 5PT. The office telephone number is 0203 322 5678. The office is open Monday and Friday from 9.30 AM – 6:00 PM by appointment only. Or contact us by email on firstname.lastname@example.org.