Welcome to Syft! We are an online platform which connects businesses that are looking to engage temporary staff on an ad-hoc basis to meet their particular requirements, such as covering events, (each such business being the “Client”) with individuals who are looking for ad-hoc opportunities to provide their services.
These terms and conditions (the “Terms of Service”) preside over the use by Clients of the services offered by Syft via Syft’s website, web application (accessible via the following URL https://syftapp.com) and mobile applications (iOS and Android). Such services, website and mobile applications are hereinafter together referred to as the “Service”. The Service is operated by Syft Online Limited of 53 Parker Street, London, WC2B 5PT (company registration number 09372516) referred to as “Syft”, “we”, “us”, and “our”.
These Terms of Service assume that you are not acting as a consumer when using our Service, however, to the extent that you are considered to be a consumer, you may be entitled to various statutory rights and nothing in these Terms of Service shall be construed to restrict any such rights.
Syft reserves the right, from time to time, with or without notice, to change these Terms of Service at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms. If Syft makes any significant changes to these Terms of Service, it will notify Clients by email (to the email address registered with Syft) in advance.
1. Definitions and Interpretation
1.1 The following definitions and rules of interpretation apply in these Terms of Service:
“Account” means the Syft account you open when you register to become a Client and use Syft’s Service;
“Agency Regulations” means the Agency Workers Regulations 2010;
“Appoint” means the employment or engagement of any individual who is or was a Syfter by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than Syft as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Appointed, Appoints or Appointment shall be construed accordingly’;
“Assignment” means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
“Engagement” means a Client’s engagement of a Syfter via the Service to provide Syfter Services in respect of any Assignment;
“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;
“Introduction Fee” means the amount set out in Schedule One for the Syfter’s role;
“Qualifying Syfter” means any Syfter who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Regulations;
“Qualifying Period” means the 12-week qualifying period as defined in regulation 7 of the Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;
“Relevant Period” means whichever of the following periods ends later, namely—
(a)the period of 8 weeks commencing on the day after the day on which the Syfter last worked for the Client pursuant to being supplied by Syft; or
(b) the period of 14 weeks commencing on the first day on which the Syfter worked for the Client pursuant to the supply of that Syfter to that Client by Syft.
In determining for the purposes of the above paragraph (b) the first day on which the Syfter worked for the Client pursuant to the supply of that Syfter to that Client by Syft, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that Syfter did not work for that Client pursuant to being supplied by Syft
“Service Fee” means the fee: (i) as defined in either the Syft Service Level Agreement or the Syft Force Software Agreement (as applicable); or (ii) as referenced on the Service, charged by Syft to the Client for an Engagement;
“Shift” means one or more recurring periods in which a Syfter provides services in relation to a single Engagement;
“Syfter” means an individual who registers with Syft to undertake Assignments and Engagements with Clients;
“Syfter Services” means the activities to be performed by Syfters during the course of any Engagement; and
“User” means a Syfter or a Client that registers for an Account.
1.2 In these Terms of Service headings (including any sections and subsections) are for convenience only and do not affect interpretation.
1.3 References to “you” are a reference to a Client.
2. User Accounts
2.1 Clients are required to create an Account in order to use the Service. By joining, a Client confirms that it is legally capable of entering into binding contracts. Syft will provide you with login credentials and on-boarding information.
2.2 All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Client has any reason to believe that its Account is being used by anyone else, contact us immediately on email@example.com. If we believe that a Client’s Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.
2.3 We may, at our absolute discretion, refuse to register any person or entity as a User.
2.4 If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on firstname.lastname@example.org.
3. Content on our Service
3.1 We may change or remove content, functionality or parts of our Service at any time.
3.2 The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us, or licensed to us by third parties. Our Service and content is protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property without our prior written approval.
3.3 From time to time, our Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.
3.4 We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
3.5 Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
3.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
4. User Licence
4.1 We allow Clients to post descriptions of Assignments (which may include, for example, pictures, text, information and/or other types of content) (the “Content”).
4.3 You irrevocably and unconditionally waive any and all moral rights in any Content.
4.4 You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
4.5 By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms of Service and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Terms of Service.
5. Your use of our Service
5.1 You agree that you will not:
(a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
(b) fail to deliver the payment for the Syfter Services rendered to you;
(c) advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;
(d) use the Service to solicit for any other business or service, or contact Syfters for employment (or any other purpose) not related to use of the Service as envisaged by these Terms of Service;
(e) post the same Assignment repeatedly;
(f) use virtual private networks, false email addresses or any other means to mask your identity;
(g) attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(h) disable or modify any copy protection technology used on the Service;
(i) abuse or manipulate the rating/review system on the Service;
(j) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
(k) collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
(l) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
(m) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
(n) upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
(o) do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; or
(p) interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, over burden or impair the Service.
5.2 We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Terms of Service. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6. Client’s Payment Obligations
6.1 Clients agree to pay to Syft:
(a) the total amount payable in respect of any Engagement, including but not limited to an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Syfter in accordance with applicable laws;
(b) the Service Fees for using the Service in accordance with the Client’s Service Level Agreement or the Syft Force Software Agreement (as applicable) with Syft; and
(c) any National Insurance Contributions that are applicable to any Engagement.
6.2 Where applicable, Syft shall charge VAT to the Client at the prevailing rate.
6.3 Clients who pay on weekly invoice adhere to the following:
(a) Clients acknowledge that Syfters’ timesheets are calculated automatically from the time a Syfter logs on to the Service to attend their Engagement or Shift (as applicable), and until such time as he/she logs off having completed his/her Shift/Engagement. Clients agree that all timesheets for the preceding week must be approved by the Client by 11.59PM GMT on the following Tuesday. Where the Client fails to approve a timesheet on time, such timesheet shall be deemed to have been approved by the Client and the Client shall be liable to pay for all of the time recorded on such timesheet.
(b) Every Wednesday (unless it is a UK public holiday, in which case on the next working day) Syft shall provide the Client with an invoice setting out the details of all the Shifts/Engagements completed by Syfters engaged by the Client for the preceding week (for the avoidance of doubt, this means all Shifts/Engagements completed between 00:00 on Monday until 23:59 on Sunday during the same week).
(c) All additional expenses (such as food and travel) shall be clearly set out on any invoices submitted to the Client and invoiced to the Client after the Engagement/Shift has been completed.
(d) Unless otherwise agreed, the Client shall pay all invoices by bank transfer within 14 (fourteen) days of the date of an undisputed invoice in the currency in which the invoice is rendered. Any amounts not paid when due shall bear interest until paid at the monthly rate of 4% above the then current base lending rate of the Bank of England.
(e) Syft may, with or without notice, suspend or terminate the Client’s access to the Service if the Client is more than fourteen (14) days late in paying any undisputed invoice.
6.4 For Clients who book with a Debit or Credit Card via the platform adhere to the following:
(a) Clients acknowledge that Syfters’ timesheets are calculated automatically from the time a Syfter logs on to the Service to attend their Engagement or Shift (as applicable), and until such time as he/she logs off having completed his/her Shift/Engagement. Clients agree that all timesheets for the day must be approved by the Client the following day form when the shifts start at 18:00 GMT. Where the Client fails to approve a timesheet on time, such timesheet shall be deemed to have been approved by the Client and the Client shall be liable to pay for all of the time recorded on such timesheet.
(b) The 120% of the total payable amount for the booking created on platform will be preauthorised from the payment card 2 days before the start time of the booking at midday.
(c) The actual amount calculated based on the timesheet will be deducted from the payment card 3 days after the start date of the booking at 9am.
(d) For all matters including chargebacks, refunds and disputes the Client shall use Syft only as their point of contact.
7. Terms of Engagements
7.1 In respect of each Engagement, Syfters shall be engaged by Syft under a contract for services. Syfters act for and under the control of Clients for the duration of each Engagement. Syft and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Syfters or Clients.
7.2 When posting an Assignment (or at any time following a request from Syft for the same), the Client will provide Syft with details of:
(a) the date on which the Client requires the Syfter to commence work and the duration, or likely duration, of that work;
(b) the position which the Client is seeking to fill, including the type of work the Syfter would be required to do, the location at which, and the hours during which, the Syfter would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
(c) the hourly rate at which the Syfter would be paid;
(d) the experience, training, qualifications and any authorisation which the Client considers necessary, or which are required by law, or any professional body, for the Syfter to possess in order to work the Engagement;
(e) any expenses payable by or to the Syfter; and
(f) any information reasonably required by Syft in order for Syft to fulfil its obligations under the Agency Regulations and/or the Conduct Regulations.
7.3 The Client agrees that the hourly rate at which each Syfter is paid for any Engagement shall be at least the greater of:
(a) the total of (i) the minimum wage rate under applicable laws as amended from time to time, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Syfter in accordance with applicable laws; or
(b) where the Syfter performing the Engagement is a Qualifying Syfter, the total of (i) such hourly rate as is required for the Client and Syft to comply with their obligations under regulation 5 of the Agency Regulations, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Syfter in accordance with applicable laws,
and hereby warrants to Syft that any amounts specified for an Assignment shall be in compliance with this clause 7.3.
7.4 At the time when a Syfter applies for an Engagement, the Client shall have access to the following information:
(a) the identity of the Syfter;
(b) the Syfter’s experience, training, qualifications and authorisations which are necessary for the Engagement;
(c) that the Syfter is willing to carry out the Engagement; and
(d) that the Syfter is engaged by Syft under a contract for services.
7.5 The Client shall in respect of any Engagement that involves food preparation, provide each Syfter with appropriate on-site health and safety training, as may be required by law or otherwise.
7.6 The Client shall not, during the course of any Engagement, direct a Syfter to work other than in accordance with the terms of the relevant Assignment (as posted by the Client on the Service).
7.7 The Client acknowledges and agrees that a Syfter may cancel an Engagement at any time without any prior notice and without any liability on the part of Syft.
7.8 The Client shall seek Syft’s prior written approval for any changes to the terms of any of its Assignments and Syft may, in its sole discretion, approve or reject such request. Any request for changes to an Assignment must be submitted no later than 24 hours prior to the commencement of the relevant Shift or Engagement. Where a request to change the terms of an Assignment is submitted within 24 hours of the commencement of the Engagement or Shift in question, Syft may charge (in its sole discretion) a fee equal to four (4) hours of Syfter’s time (for non-chef based roles) or six (6) hours of Syfter’s time (for chef-based roles) each calculated in accordance with the hourly rate as set out in the relevant Assignment. Where such request is rejected, any Syfter Services shall be performed as per the terms of the Assignment immediately prior to the time at which the rejected change was requested.
7.9 Cancellation of an Engagement by the Client is subject to a charge equal to the sum of four (4) hours of Syfter’s time (for non-chef based roles) or six (6) hours of Syfter’s time (for chef-based roles) each calculated in accordance with the hourly rate agreed under the terms of the Engagement.
7.10 Client requests to change or cancel an Engagement must be submitted to Syft’s customer service via the Service. Alternatively, requests may also be submitted on 0203 322 5678 or via email email@example.com.
7.11 The Client acknowledges that a Syfter may refuse to work past the contracted times agreed under the terms of an Engagement. Where the Syfter agrees to work overtime, such overtime shall be payable by the Client at the same hourly rate (plus amounts in respect of the Service Fees, payment in lieu of accrued but untaken holiday and National Insurance Contributions) as the rate that has been agreed under the terms of the relevant Engagement. The Client shall be liable to pay for all expenses reasonably incurred by the Syfter as a result of working overtime (including without limitation food and travel expenses). Such additional expenses shall be clearly set out on any invoices submitted to the Client.
7.12 All additional expenses (such as food and travel) shall be clearly set out on any invoices submitted to the Client and invoiced to the Client.
7.13 Syft assumes responsibility for the payment of remuneration (including any pay in lieu of accrued but untaken holiday) to Syfters and the deduction and payment of all tax, National Insurance contributions and other levies applicable to Syfters, as required by law.
7.14 The Client acknowledges that where the terms of the Engagement stipulate that the Syfter will be engaged for less than four (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles), the Client shall be charged as if such Engagement was for (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles) (each charged at the hourly rate as set out in the relevant Assignment) and will also be charged a Service Fee and National Insurance Contributions (if applicable) on the same.
7.15 The Client shall, in its sole discretion, determine whether it shall be present or not when the Engagement/Shift is performed and/or completed. Clients who choose not to be present to oversee the performance of the Engagement/Shift may appoint another person to act on their behalf (“Client’s Agent”), in which case the Client must notify Syft in writing of any such appointment. The Client also acknowledges that Syfters may take and follow instructions given by the Client’s Agent as if such instructions were given by the Client. The Client agrees that such instructions are valid and enforceable against the Client and the Client’s Agent and the Client shall assume all responsibility and liability for such instructions.
7.16 The Client shall not, unless specified in the Assignment, cause or permit Syfters to handle or have access to cash or other valuables during any Engagement. The Client acknowledges that in all cases, the Client shall have sole responsibility for any loss suffered as a result of the Syfter’s handling of cash/valuables in question.
7.17 The Client shall not cause or permit any Syfter to use a motor vehicle for any business purpose in connection with an Engagement unless the Client has satisfied itself that adequate third-party insurance cover is in place in respect of any such Syfter. The Client hereby agrees to indemnify and, at all times, keep indemnified Syft and any of its Group Companies against any liability (whether in respect of any insured risk or otherwise) that may arise out of, relate to or be in connection with any Syfter’s use of any motor vehicle for any purpose requested by the Client. The Client shall, at the time it posts the Assignment, notify Syft of the requirement (if any) to use a motor vehicle for any business purpose in connection with that Assignment.
7.18 You agree that Syft may call or text you to facilitate the performance of any of your Engagements.
8.1 As part of its Service, Syft will use reasonable endeavours to confirm the Syfter’s identity and verify that the Syfter has the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. Notwithstanding the foregoing, Syft shall not be liable or responsible to the extent it has been provided with misleading, incorrect, inaccurate, false or fraudulent information by a Syfter.
8.2 It is the Client’s responsibility to supervise the Syfter(s) assigned to their Engagements and to ensure that the Syfter(s) provide the Syfter Services in accordance with the Client’s reasonable instructions and to the Client’s reasonable satisfaction.
8.3 Should any Syfter Services prove to be unsatisfactory, Syft may (at its sole discretion) reduce or cancel the Service Fee charged for the time worked by that Syfter, provided that the Syfter leaves the Engagement immediately and in any case within:
(a) four (4) hours of the Syfter commencing his Engagement where the Engagement is for more than seven (7) hours; or
(b) two (2) hours of the Syfter commencing his Engagement where the Engagement is for seven (7) hours or less;
and provided that the Client notifies Syft in writing of the same within 48 hours of the Syfter leaving that Engagement.
8.4 The Client acknowledges that the Syfter is not authorised or permitted by Syft to enter into any contract with the Client purporting to be made or on behalf of Syft, or 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.
9.1 Nothing in these Terms of Service limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
9.3 We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including the engagement of Syfters via our Service). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
9.4 If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms of Service shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
9.5 Syfters engaged via the Service perform the Engagements under the direction and control of the Client. Syft provides matchmaking and platform services only and you agree that Syft has no responsibility for any other aspect of service delivery or interaction between Syfters and Clients.
10. Agency Regulations, Conduct Regulations and Other Applicable Law
10.1 Clients hereby warrant that they do and shall, at all times, comply with all relevant statutes, laws, regulations and codes of practice from time to time in force under applicable law.
10.2 Clients shall, and shall ensure that any subcontractor or other intermediary (including any Group Companies of the Client, any subcontractor or other intermediary) shall, at all times comply with their obligations under the Agency Regulations, the Conduct Regulations and all other applicable law. This includes but is not limited to:
(a) providing family-related rights to eligible Syfters in accordance with Parts VI and VII of the Employment Rights Act 1996;
(b) providing Syfters with access to collective facilities and amenities and employment opportunities in accordance with regulations 12 and 13 of the Agency Regulations; and
(c) to the extent that, under the Agency Regulations, it is the Client’s responsibility, providing Qualifying Syfters with their entitlements under regulation 5 of the Agency Regulations.
10.3 Clients warrant that they shall not post Assignments or participate in Engagements where the Syfter is or would be providing Syfter Services to cover (whether directly or indirectly) duties normally performed by a worker who is taking part in a strike or other industrial action.
10.4 If either you or Syft receive an allegation that there has been a breach of the Agency Regulations or the Conduct Regulations in relation to the supply of a Syfter to the Client using the Service, the receiving party shall provide a copy of that allegation to the other party within seven days of receipt. We shall co-operate with each other in responding to that allegation, including by supplying any information which may be reasonably requested by the other and complying with any reasonable requests in relation to the contents of any response.
10.5 In complying with AWR it is our policy that after 8 continuous weeks of a Syfter working on your site, you will be required to provide to Syft when it is asked of you , the pay and working conditions of a permanent employee to ensure that the workers AWR rights are upheld.
11.1 Syft is committed to applying the highest standards of ethical conduct and integrity in its business activities in the UK and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever we operate. Syft expects the same commitment from its Clients and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010; and (ii) any Syft Anti-Bribery and Anti-Corruption Policy as may be in force from time to time (to the extent that this applies to Clients).
12. Modern Slavery
12.1 This statement is made pursuant to s.54 of the Modern Slavery Act 2015.
12.2 Modern slavery encompasses slavery, servitude, human trafficking and forced labour. Syft 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.
13.1 The Client hereby acknowledges and agrees to indemnify and keep indemnified Syft, each of Syft’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation or breach of these Terms of Service, or your infringement or alleged infringement of any law (including, without limitation, the Agency Regulations and the Conduct Regulations) or the rights of a third party in the course of using the Service.
13.2 Syft can apply any funds owed to you against any liabilities you owe to Syft or loss suffered by Syft as a result of your non-performance or breach of these Terms of Service.
14. Transfer Fees
14.1 If, within the Relevant Period and following the supply of a Syfter by Syft to the Client, the Client or any of its Group Companies Appoints any individual who is or was a Syfter, the Client will pay Syft the Introduction Fee.
14.2 Instead of paying the Introduction Fee, the Client may hire or continue the hire (as appropriate) of the Syfter for a further period of the number of weeks as set out in Schedule Two for the Syfter’s role (the “Extended Assignment”) before it Appoints the Syfter other than through Syft (and, in which case, the Client shall give written notice to Syft that it intends to do so).
14.3 Where the Client decides to have the Syfter supplied by Syft for the Extended Assignment:
(a) the fees payable by the Client to Syft in respect of the Syfter during the Extended Assignment shall be those applicable immediately before Syft received the Client’s notice of election;
(b) at the end of the Extended Assignment, the Client may Appoint the Syfter without paying the Introduction Fee; and
(c) if the Client chooses an Extended Assignment, but Appoints the Syfter before the end of the Extended Assignment, the Introduction Fee may be charged by Syft, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Client.
14.4 If, within the Relevant Period, where the Client introduces the Syfter supplied by Syft to a third-party that goes on to employ the Syfter the client may pay the Introduction Fee.
14.5 If, within the Relevant Period, where the Client decides to switch supplier but wishes to keep the Syfter supplied by Syft via the secondary supplier the client may pay the Introduction fee.
15. Dispute between Syfters and Clients
You acknowledge and agree that in the event that a dispute arises between you and any Syfter in relation to any Assignment/Engagement/Shift you will Contact us on firstname.lastname@example.org before taking any action.
16. Other Important Terms
16.2 If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Service.
16.3 Syft operates as an employment business within the meaning of the Employment Agencies Act 1973 and the Conduct Regulations. Syft is not an employment agency and no Syfter is or shall be deemed to be an employee of Syft.
16.4 Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between Syft and any Clients, constitute either Syft or any Client the agent of the other, or authorise either Syft or any Client to make or enter into any commitments for or on behalf of the other.
16.5 This contract is between you and Syft. Save for Syft’s Group Companies and the officers, directors, agents and employees of Syft and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.
16.6 You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
16.7 If Syft delays exercising or fail to exercise or enforce any right available to it under these Terms of Service, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Service.
16.8 Syft may suspend, withdraw, discontinue or change all or any part of the Service without notice.
16.9 These Terms of Service, together with any documentation referenced within them, constitute the entirety of the agreement between you and Syft.
16.10 Any notice or other communication given to a party under or in connection with these Terms of Service shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Client’s Account, Service Level Agreement or Syft Force Software Agreement (as applicable). Notices will be deemed given 24 hours after the e-mail is sent (if sent by email) or the third day after the date of mailing (if sent by post).
16.11 These Terms of Service, and any contract between you and Syft, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.
17. If you are a Syft Force User
From time to time, Syft makes available to its Clients a customised version of Syft’s proprietary applications (the “Syft Force App” and the “Syft Force Platform”) which enable such Clients to, among other things, manage and engage internal temporary staff on an ad hoc basis for their events.
This section 17 applies exclusively to users of the Syft Force App/Syft Force Platform and for the purpose of this section (and any other section which by its terms or intent is intended to apply to the Syft Force App/Syft Force Platform): (i) Syfter shall mean an End User as defined under the Syft Force Software Agreement; (ii) references to the Service shall be construed to mean the services provided by Syft under the Syft Force Software Agreement; and (iii) the Client shall mean the party responsible for managing and engaging End Users on an ad hoc basis for its events, as named in the applicable Syft Force Agreement.
In the event of conflict between section 17 and the remainder of these Terms of Service, this section shall take precedence.
1.1 If you are a Client using a Syft Force App/Syft Force Platform, you agree that you shall be solely responsible for:
(a) Confirming the Syfter’s identity and verifying that the Syfter has the required skills, qualifications and experiences to work for you (the Client);
(b) On-boarding and registering Syfters with the Service;
(c) Paying Syfters for their work as required by UK law and making any necessary deductions for tax and National Insurance contributions;
(d) Resolving any disputes with the Syfters; and
Procuring that Syfters comply with the Community Guidelines (where applicable).
18. Contacting Syft
18.1 Syft’s office is located at 53 Parker Street, London, WC2B 5PT. Our office telephone number is 0203 322 5678. The office is open Monday and Friday from 9.30 AM – 6:00 PM by appointment only.
Schedule One – Introduction Fees
|All front of house roles inc Kitchen Porter||£250 per candidate|
|All chef roles||£1000 per candidate|
|Warehouse Operatives||£800 per candidate|
|Forklift Drivers||£1000 per candidate|
|Delivery Drivers||£1000 per candidate|
Schedule Two – Extended Assignment
|All roles||12 weeks|
Terms for Promotions and Offers
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.
* The referral code must be redeemed BEFORE the first shift.
* 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.
Client Referral Scheme for Existing Clients
* You must be a verified employer on our app having completed and paid for at least one shift with us.
* You cannot refer someone from your own company, it must be a different company who is not already a client verified with Syft.
* Once your referred company is successfully verified, completed and paid for their first shift, you will receive £100 credit on your Syft account to use towards your next booking.
* The £100 referral credit is valid for shifts completed on or before 30 April 2018.
* Your credit is valid for 45 days after receipt and applies to all future bookings from that date.
Client Referral Scheme for Existing Syfters
* You must be a verified syfter on our app.
* You cannot refer someone from your own company, it must be a different company who is not already a client verified with Syft or PBL Chefs
* Once your referred company is successfully verified, completed and paid for their first shift, you will receive a £100 bonus on your next payroll.
* To refer a company to syft, please fill in this referral form.
Full-time Signing Bonus for Job Seekers
* You must have worked for this client via Syft to be qualified for this bonus.
* You must notify syft that you have accepted a full-time position with a syft client immediately to be qualified for this bonus.
* You’ll be paid a £100 bonus if you passed the probation period (30 days).
* You must be verified on Syft app when you accept the full-time position with a Syft client.
* To contact syft regarding this, please email email@example.com with your Syft account details and the full-time position details.
* Syft Online Limited reserves the right of final decisions in case of disputes.