Terms & Conditions
Welcome to Syft Online Limited referred to hereinafter as either “Syft” or “the Company”.
Syft provides an online platform where businesses who require extra staff on a short term basis (Clients) and individuals who are willing to contracted on a short term basis to fulfil the staffing shortages (Job Seekers) can connect with each other.
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.
- In these Terms of Service the following definitions apply:“Agreement” means the entirety of these terms and conditions of business and for the avoidance of doubt encompasses the entirety of the contents therein together with these General Terms;“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.“Company” means Syft Online Limited whose registered office is at 88 Kingsway, London, WC2B 6AA (Company Number: 09372516);“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Acts 1985 and 1989 to whom the Job Seeker is Introduced;“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 an 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 workers 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 charged by Syft for the Engagement of a Job Seeker via Syft’s Service to the Client.Where applicable the Company may charge the Client VAT, where the Company will issue the Client a VAT invoice.“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 is 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.
- Clients will be invoiced weekly on Tuesdays showing the details of the use of the Service for shifts that started between Monday 00:00am – Sunday 23:59pm in the previous week. Payment is due by bank transfer within 14 days unless another agreement has been signed outside these terms.
- 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 02034881383 or email firstname.lastname@example.org. 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 Zone5, 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 amount of work charged to the Client will be 4 hours of the agreed hourly rate, regardless of whether or not the job shift finishes quicker or if you send away a Job Seeker without just cause.
- 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.
- a) Notwithstanding any seemingly contradictory clause contained in this Agreement, Syft will 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.b) nothing in this clause 24 shall exclude or limit the liability of Syft for death or personal injury caused by Syft’s own negligence, nor for any other liability which cannot be legally excluded.c) 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 worker 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 worker 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 worker 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 worker 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 workers who have completed the 12 week qualifying period, will be entitled to paid time off for ante natal appointmentsThese rules shall be following in addition to the other basic rights of Agency workers under the Agency Workers 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.
- For a period of up 30 weeks from the date of the last shift involving relevant parties engaged via Syft, Users agree not to engage in a contract for services or employment outside Syft, without using Syft’s services.Clients can purchase the right to engage a Job Seeker directly for employment or contracts outside of Syft’s services by seeking our prior written consent or paying a fee decided at Syft’s discretion.Failure to seek consent from Syft when trying to engage a worker outside Syft’s consent can result in fines of up £2000, getting banned from the Services and legal action.
Changes to this Agreement and the Service
Referral Bonus (for workers)
- If an existing worker 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 worker will receive the £20 bonus with the completed first shift payment.
- To benefit from the referral offer, the existing worker must use the referral code created in the app.
- The existing worker will only receive their referral voucher once the referred worker 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. Syft will only accept referrals for new workers 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.
- Marketing Vouchers are subject to expiry dates and value for particular promotions.
- These terms apply to all Syft vouchers and are subject to Syft’s full service terms and conditions.
- Vouchers cannot be used in conjunction with any other Syft voucher or any other offer.
- Only one voucher or code may be used per Syft account.
- Vouchers are strictly non-transferable, and have no cash value. Placing a voucher for sale is strictly prohibited and renders the voucher void.
- Syft reserves the right to reject a voucher with reasonable cause.
- Syft reserves the right to withdraw this offer at any time and without warning.
- For workers, to redeem a voucher you must present the code found on the promotion at the “Invite friends” screen in the app.
- For employers, to redeem a voucher you must present the code found on the promotion at the “Cost Preview” screen of the job creation process in the app.
- Employer sign up offer is only valid for the first staff booking with Syft.
- Vouchers are issued on and limited to a one per account basis.
The below terms and conditions apply for the Christmas Bonus offered in December 2016.
- Workers who completed 10 or more shifts in the month of December 2016 with no lateness and 10 complete clock-in/out records are eligible for a £50 bonus.
- Syft will verify all eligible workers at the first week of January 2017.
- Bonus will be paid to the workers of their first payroll in January 2017.
- Workers who completed 20 or more shifts will be automatically entered into a lucky draw of £200 bonus.
- To be qualified for the lucky draw, workers must finish all 20 shifts with no lateness and 20 complete clock-in/out records.
- Syft will verify all eligible workers for the prize draw at the first week of January 2017.
- A winner will be chosen by random draw performed by a computer process on 13 January 2017.
- The winner will receive a £200 bonus.
- The winner will be notified by email. If a winner does not respond to Syft within 14 days of being notified by Syft, then the winner’s prize will be forfeited and Syft will be entitled to select another winner in accordance with the process described above.
- The bonus will be paid to the winner with his/her next payroll.
- The decision of Syft regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
- The winner’s name and county can be obtained by sending an email to email@example.com within 7 days after the date of the prize draw.
- Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry.
- Winner may be required to participate in publicity related to the prize draw, which may include the publication of their name and photograph in any media.
Early Post Discount
he below terms and conditions apply for the Early Post discount offered until April 30th.
- Clients who post shifts on the app that are more than 2 weeks in advance of the shifts starting time will be charged at a discounted Syft Service fee of 12.5%
- Jobs containing multiple shifts will only be eligible for the discount provided all shifts within the job are more than 2 weeks in advance.
- Continuous cancellation of shifts posted in advance will result in the client becoming ineligible for all discounts.
- Continuous cancellation counts as when a client cancels more than 10% of shifts posted.
- Only shifts posted after February 10th are eligible for the discounted fee.
- Offer ends on April 30th 2017.
The below terms and conditions apply for the MAY17 offer which is valid until July 12th.
- Client must be a recipient of the specific marketing emails that sent by Syft to be eligible to use this code.
- Only one promotion code can be used per job booking and per company.
- Promotion codes are not valid in conjunction with any other promotion.
- Client must enter the code “MAY17” when creating a job to apply the discount. Client can enjoy up to £10 towards the Syft fee of each of the next 3 shifts, in total, up to £30.
- The offer does not include any salary paid to workers.
- The offer value will be credited in the invoice issued by Syft.
- Continuous cancellation of shifts posted in advance will result in the client becoming ineligible for all discounts.
- Continuous cancellation counts as when a client cancels more than 10% of shifts posted.
- Offer ends on July 12th 2017.
Contacting the Office
- The office is located at 88 Kingsway London, WC2B 6AA.The office telephone number is 020 3322 5678. The office is open Monday and Friday from 9.30 AM-6PM by appointment only. Or contact us by email on firstname.lastname@example.org.