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Terms and Conditions fort Hospitality Professionals.

Agreement

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

2. Engagement & Scope

2.1. ClearShift facilitates temporary hospitality work opportunities for professionals ("Professionals") at various establishments ("Establishments").
2.2. These Terms govern the relationship between Professionals and ClearShift regarding all engagements arranged through the platform, whether in person, via the website, email, WhatsApp, or any other form of communication.
2.3. These Terms do not apply to permanent job placements. If an Establishment offers a permanent position to a Professional, the Professional must notify ClearShift immediately. ClearShift reserves the right to negotiate a placement fee with the Establishment.

3. Providing Services

3.1. As a Professional, you agree to provide hospitality services to Establishments upon request. Your services should meet the standards agreed upon with the Establishment.
3.2. ClearShift will provide you with a monthly schedule of shifts that you are expected to complete unless there is an emergency.
3.3. You must report any cancellations by an Establishment to ClearShift immediately.

4. Payment & Fees

4.1. ClearShift does not charge Professionals any upfront fees.
4.2. Professionals must invoice ClearShift for their completed shifts.
4.3. Payment Timeline:

  • ClearShift will notify you when payment has been cleared by the Establishment. Payment will be made as soon as possible, but this is dependent on the Establishment’s payment timeline.

  • If an Establishment delays payment beyond a reasonable period (e.g., 30 days), ClearShift will communicate with the Professional but holds no liability for non-payment.

5. Cancellations & No-Shows

5.1. Buyer (Establishment) Cancellations: You must inform ClearShift if the buyer cancels a request.
5.2. Professional Cancellations:

  • If you need to cancel a scheduled shift, you must notify ClearShift at least 72 hours before the shift begins, unless it is an emergency.

  • If a Professional fails to show up for a shift without a valid reason, ClearShift reserves the right to remove them from the platform.
    5.3. Penalties for Cancellations:

  • At ClearShift’s discretion, penalties or payment deductions may be applied for last-minute cancellations or no-shows.

6. Work Conduct & Responsibilities

6.1. Professionals must adhere to industry-standard workplace conduct and respect the policies of the Establishment where they are working.
6.2. Any complaints from an Establishment regarding professionalism or misconduct may result in removal from ClearShift.
6.3. Professionals must ensure they meet all legal requirements to work in their respective roles and jurisdictions.
6.4. ClearShift may request verification of certifications, permits, or work authorization documents as necessary.

7. Non-Circumvention

7.1. Professionals may not engage in direct business transactions with an Establishment introduced through ClearShift.
7.2. If a Professional engages an Establishment directly, ClearShift reserves the right to terminate their account and seek damages.

8. Dispute Resolution & Refunds

8.1. Disputes related to services provided should be addressed directly between the Professional and the Establishment. ClearShift is not responsible for resolving these disputes.
8.2. Refunds: Professionals are responsible for establishing and communicating their refund policies with Establishments.

9. Liability & Indemnity

9.1. ClearShift is not responsible for workplace injuries, allegations of misconduct, or disputes between Professionals and Establishments.
9.2. Professionals agree to indemnify and hold ClearShift harmless against any legal claims arising from their work at an Establishment.

10. Data Protection & Privacy

10.1. Professionals consent to ClearShift storing and processing personal data as necessary for work placements.
10.2. ClearShift will not sell or share personal data beyond what is required to facilitate engagements.

11. Amendments & Termination

11.1. ClearShift reserves the right to amend these Terms at any time. Updated Terms will be communicated to Professionals in advance.
11.2. ClearShift may suspend or terminate a Professional’s account at its sole discretion if any violations of these Terms occur.

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Hospitality Staffing & Operational Support, South Africa.

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