1. Agreement & Scope

1.1. By using ClearShift, you agree to these Terms and Conditions, which form a binding agreement between you and ClearShift.

1.2. ClearShift facilitates temporary and permanent hospitality placements for establishments ("Establishments") seeking professional staff ("Professionals").

1.3. These Terms govern the relationship between ClearShift and the Establishment for all engagements, whether arranged in person, via the website, or through other means, including but not limited to emails and WhatsApp.

1.4. These Terms do not apply to direct permanent employment offers between Establishments and Professionals. However, if an Establishment hires a Professional permanently, ClearShift reserves the right to charge a placement fee.

2. Requesting Services

2.1. Establishments may request staff from hospitality professionals through ClearShift. ClearShift will connect you with relevant sellers who provide services that match your request.

2.2. All transactions and communications must occur through ClearShift. Establishments may not engage Professionals introduced by ClearShift directly without ClearShift’s involvement.

2.3. If an Establishment hires a Professional directly, ClearShift reserves the right to charge a placement fee or take further legal action.

3. Payment Terms & Fees

3.1. ClearShift charges a 10% commission on the total shift fee for temporary and short-term placements, payable by the establishment only upon successful placement. For permanent and long-term contracts, we charge a 10% commission on the annual total cost to the company, also payable only upon successful placement. For casual, short-term, and event-based engagements, pricing is determined based on the specifics of the request. Contact us to discuss your needs.

3.2. Payment is due upon receipt of ClearShift’s invoice, and establishments must settle invoices within the agreed timeframe. Late payments may incur interest or penalties at ClearShift’s discretion.

3.3. EFT payments are free of charge. Online card payments carry a 2.9% transaction fee.

3.4. ClearShift reserves the right to require an upfront deposit for any engagement at its discretion. The deposit amount will be communicated and agreed upon before confirming placements.

4. Cancellations & Refunds

4.1. Establishments must notify ClearShift at least 72 hours in advance if they wish to cancel a booking. Failure to do so may result in cancellation fees.

4.2. If an Establishment cancels after a Professional has already been assigned, a cancellation fee may apply.

4.3. If an Establishment fails to honor an agreed engagement, ClearShift reserves the right to recover any costs incurred.

4.4. Refunds are at the discretion of the seller, based on their policies and the service provided. ClearShift is not responsible for processing refunds.

5. Professional Conduct & Responsibilities

5.1. ClearShift ensures that Professionals meet basic industry standards; however, Establishments are responsible for providing specific training, workplace policies, and any additional requirements.

5.2. Establishments must ensure a safe working environment for Professionals and comply with all relevant labor laws.

5.3. Any complaints regarding a Professional’s performance must be reported to ClearShift within 24 hours for resolution.

5.4. Establishments agree to provide accurate information when requesting services and ensure timely payments for all requested services.

5.5. Establishments must treat Professionals with respect and professionalism.

6. Dispute Resolution

6.1. Disputes related to services should be handled directly between the Establishment and the Professional. ClearShift is not involved in resolving disputes but can assist with contacting the relevant parties.

 

7. Liability & Indemnity

7.1. ClearShift is not responsible for workplace incidents, injuries, or disputes between Establishments and Professionals.

7.2. Establishments agree to indemnify ClearShift against any legal claims arising from engagements.

8. Data Protection & Privacy

8.1. ClearShift processes Establishment information strictly for facilitation purposes.

8.2. Establishments agree that ClearShift may share necessary details with Professionals as required for placements.

9. Amendments & Termination

9.1. ClearShift reserves the right to amend these Terms at any time, with prior notice to Establishments. Continued use of the platform constitutes acceptance of the updated Terms.

9.2. ClearShift reserves the right to suspend or terminate an Establishment's access to the platform if these Terms and Conditions are violated.

10. Agreement & Signatures

By engaging with ClearShift, the Establishment agrees to these Terms and Conditions.