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.

1.5. Commission Applicability: Commission is payable to ClearShift for facilitating the connection between the Establishment and the Professional for any specific opportunity, regardless of any prior acquaintance between the parties. The commission applies to all engagements that ClearShift facilitates based on a Professional's introduction for a relevant opportunity.

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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.

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3. Payment Terms & Fees

3.1 Placement Fees

3.1.1 Permanent and Fixed-Term Contracts
For permanent or fixed-term placements (minimum of 6 months), ClearShift charges a 10% placement fee based on the total cost to company. The fee is capped at the equivalent of 6 months' total cost to company, even if the engagement extends beyond that period. The placement fee is split into two parts:

• The first 50% is invoiced and due as soon as the Professional accepts the offer from the Establishment.

• The remaining 50% is invoiced and due three months later.

3.1.2 Casual or Temporary Engagements
For casual or temporary engagements, ClearShift requires a minimum engagement of 3 months and at least 3 shifts per week. A 10% placement fee is charged based on the agreed salary or wages over the 3-month period, regardless of actual shifts worked. The full placement fee is invoiced and due as soon as the Professional accepts the offer from the Establishment.
3.1.3 Commission for Introductions: Commission is owed to ClearShift based on the introduction made for a relevant opportunity. This applies even if the Establishment and the Professional have known each other prior to the introduction, as the commission is for the facilitation of the specific opportunity that ClearShift enabled. The commission is due whether or not the Establishment and Professional have had prior contact or engagement.

3.1.4 Important Note

In most cases, the Professional will invoice the Establishment directly for services rendered. If the engagement is permanent, the Establishment will pay the Professional’s salary directly.

For once-off event-based engagements, ClearShift may act as the payment intermediary. In such cases, the Professional will invoice ClearShift, and ClearShift will pay the Professional once payment has been received from the Establishment.

ClearShift is not involved in the processing of salaries or regular payments between Professionals and Establishments — we only facilitate payment for event-based engagements when required, and we only invoice Establishments for our placement fees.

3.2 Payment Due Dates
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 Payment Methods
EFT payments are free of charge. Online card payments carry a 2.9% transaction fee.

3.4 Upfront Deposit
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.

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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.

4.5. Commission Refundable in Case of Theft or No-Show:
"ClearShift’s commission may be refunded in cases of theft or a no-show by the Professional. To qualify for a refund, the Establishment must provide proof of the theft or no-show and notify ClearShift within 24 hours of the incident. ClearShift reserves the right to assess the situation and determine if a refund is warranted."

4.6. Commission Non-Refundable: In cases where an engagement is cancelled by the Establishment after the introduction has been made, ClearShift's commission remains non-refundable. This applies regardless of whether the Establishment and the Professional had prior knowledge of each other.

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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.

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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.
9.3 Clarification of Commission Scope: "ClearShift reserves the right to update these Terms to further clarify commission applicability, particularly for instances involving prior acquaintance between Establishments and Professionals. Any changes will be communicated to the Establishment before implementation.

 

10. Agreement & Signatures

By engaging with ClearShift, the Establishment agrees to these Terms and Conditions. The Establishment confirms that they have read, understood, and accepted these Terms, including the payment terms, invoicing, and placement fees, and have provided their consent through the engagement confirmation process (via WhatsApp or email).

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11. Staff on Demand (Addendum)

• Covers urgent requests for shifts within 72 hours.

• Professionals opt-in and are approved for this pool.

Commission Fees:

• 0–24h → R150 per shift OR 10% of wage (whichever is higher)

• 24–48h → R125 per shift OR 10%

• 48–72h → R100 per shift OR 10%

Payment Terms:

• Establishments pay professionals directly on the day.

• ClearShift invoices immediately after the shift, due on receipt.

Professional Pay Rates:

• Establishments offer slightly higher rates to attract talent.

Cancellations:

• Establishment cancels <24h → commission still payable.

• Professional cancels <24h → risk suspension from emergency pool.

General:

• Addendum is part of the main T&Cs.

 

End of Terms