Terms and Conditions for Hospitality Establishments.

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 long-term 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, email, WhatsApp, or other communication channels.
1.4 These Terms do not apply to direct permanent employment offers between Establishments and Professionals that occur independently of ClearShift introductions.
1.5 Commission Applicability: Commission is payable to ClearShift for facilitating the connection between the Establishment and the Professional for any specific opportunity introduced through our platform, regardless of any prior acquaintance between the parties.

2. Our Services

2.1 ClearShift connects Establishments with pre-vetted hospitality Professionals across various engagement types:

• Staff on Demand (urgent cover within 72 hours)

• Casual/Event staffing

• Fixed-term contracts (up to 6 months)

• Long-term placements (6+ months)

2.2 All Professionals in our network are interviewed, reference-checked, and skills-assessed before placement.
2.3 All engagements facilitated by ClearShift must be coordinated through our platform to ensure proper support and service delivery.

3. Payment Terms & Fees

3.1 Placement Fees

3.1.1 Long-Term Placements (6+ months)

• 10% placement fee based on total cost to company (CTC), capped at 6 months’ CTC.

• Payment split: 50% when the Professional accepts the offer, 50% one month later.

3.1.2 Fixed-Term Contracts (up to 6 months)

• 10% placement fee based on total contract value.

• Payment split: 50% when the Professional accepts the offer, 50% one month later.

3.1.3 Casual Engagements

• Minimum 3 shifts per week over 3 months for casual arrangements.

• 10% placement fee based on agreed wages over that period.

• Full fee invoiced when the Professional accepts the offer.

3.1.4 Events & Custom Arrangements

• Custom pricing based on scope, timing, and staffing requirements.

• Terms agreed before confirmation.

• Minimum of R200 per shift plus the Professional’s wages.

3.2 Staff on Demand Fees

Minimum of R200 per shift plus the Professional’s wages.

3.3 Payment Terms

3.3.1 Payment is due upon receipt of the ClearShift invoice within agreed timeframes.
3.3.2 EFT payments incur no fees. Card payments carry a 2.9% transaction fee.
3.3.3 Late payments may incur interest or penalties at ClearShift’s discretion.
3.3.4 ClearShift reserves the right to require upfront deposits for any engagement.
3.3.5 Payment Default and Service Suspension
Payment is due upon receipt of the ClearShift invoice. If payment is not received within 14 days of invoicing, all ClearShift services — including ongoing placements, events, and Staff on Demand requests — may be suspended with immediate effect until payment is made in full.
Failure to settle outstanding invoices within this period will result in termination of services and may lead to legal recovery action for any amounts owed.
ClearShift reserves the right to charge interest or penalties on overdue invoices and to require upfront deposits for future engagements in cases of repeated late payment.

3.4 Professional Payments

• Establishments pay Professionals directly for services rendered.

• For events, ClearShift may act as payment intermediary.

• ClearShift does not manage ongoing payroll.

4. Quality Assurance & Replacements

4.1 If a Professional does not meet expectations within the first 3 shifts, ClearShift will provide a replacement at no additional charge.
4.2 For Staff on Demand no-shows, ClearShift will source immediate replacement coverage where possible.
4.3 Performance concerns must be reported to ClearShift within 24 hours for resolution.

5. Cancellations & Refunds

5.1 Standard Cancellations: Minimum 72 hours’ notice required to avoid cancellation fees.
5.2 Late Cancellations: Cancellation fees apply when Professionals have already been assigned.
5.3 Staff on Demand: Cancellations within 24 hours of a shift still incur full commission.
5.4 Commission Refunds: Available only in cases of Professional theft or no-show, with proof required within 24 hours.
5.5 Non-Refundable: Commission remains payable when Establishments cancel after introductions are made.

6. Professional Standards & Conduct

6.1 ClearShift ensures all Professionals meet basic industry standards through our vetting process.
6.2 Establishments remain responsible for:

• Providing specific training and workplace policies.

• Maintaining safe working environments.

• Complying with labour laws.

• Treating Professionals respectfully.

• Providing accurate job information and making timely payments.

7. Communication & Support

7.1 ClearShift provides direct WhatsApp support from our co-founders for urgent needs.
7.2 Profile delivery within 24 hours for standard requests.
7.3 All placement coordination must be handled through ClearShift to ensure quality service.

8. Dispute Resolution

8.1 Service disputes should be addressed directly between the Establishment and the Professional.
8.2 ClearShift will assist with communication and coordination but is not responsible for resolving workplace disputes.

9. Liability & Indemnity

9.1 ClearShift is not responsible for workplace incidents, injuries, or disputes between Establishments and Professionals.
9.2 Establishments agree to indemnify ClearShift against any legal claims arising from engagements.
9.3 ClearShift’s liability is limited to the commission fees paid for the specific placement.

10. Data Protection & Privacy

10.1 ClearShift processes Establishment information solely for placement facilitation.
10.2 Necessary details may be shared with Professionals as required for successful placements.
10.3 All data is handled in accordance with applicable privacy laws.

11. Terms Updates & Platform Access

11.1 ClearShift may update these Terms with advance notice to Establishments.
11.2 Continued use of the platform constitutes acceptance of updated Terms.
11.3 ClearShift reserves the right to suspend or terminate access for Terms violations.

12. Agreement Acceptance

By engaging with ClearShift services, Establishments confirm they have read, understood, and accepted these Terms, including all payment terms and placement fees.
Acceptance may be confirmed via WhatsApp, email, or platform engagement.

Staff on Demand Service (Addendum)

• Coverage: Urgent shift requests within 72 hours.

• Payment: Establishments pay Professionals directly on shift completion. ClearShift invoices commission separately.

• Cancellations: Commission remains payable for Establishment cancellations within 24 hours of a shift.

This Addendum forms part of the main Terms and Conditions.

For any questions about these Terms or our services, contact us via WhatsApp or email — we’re here to make hospitality staffing simple and reliable.