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ClearShift – Terms & Conditions for Establishments

These Terms & Conditions govern the use of ClearShift by hospitality establishments (“Establishments”, “you”). By engaging ClearShift, you agree to the terms below.


1. ClearShift’s role

ClearShift is not a recruitment agency, labour broker, or employer.

ClearShift acts as a connector and coordinator, introducing hospitality professionals (“Professionals”) to establishments and assisting with coordination and clarity upfront.

All employment, payment, and working relationships are directly between the Establishment and the Professional.


2. Engagement types

ClearShift supports three engagement types:


2.1 Permanent staff

Applies to long-term roles of six (6) months or longer.

ClearShift fee: 10% of the first six months’ total cost to company (CTC).

50% payable when the Professional formally accepts the offer, whether verbally or in writing.

50% payable after one month.

If the Professional leaves within the first six months, ClearShift will make reasonable efforts to source a replacement. Any remaining balance will only be charged if applicable.


2.2 Staff on Demand (Events / Stand-In staff)

Applies to events, ad-hoc shifts, and short-term or urgent cover.

ClearShift fee: R200 per Professional per shift.

Wages and tips are paid directly by the Establishment to the Professional and are in addition to the ClearShift fee.

ClearShift supports sourcing, availability checks, coordination, and confirmations.


2.3 Casual / Part-Time staff

Applies to regular but non-permanent work (for example weekend-only roles or a limited number of shifts per month).

ClearShift charges a flat monthly fee calculated as 10% of the agreed shift rate.

The exact fee is agreed upfront based on expected usage.

Before the engagement starts, ClearShift and the Establishment will align on the expected shift pattern.

Casual / part-time engagements are reviewed after three (3) months. If usage increases materially or the role becomes ongoing or core to the Establishment’s operations, the engagement may convert to a permanent placement under Section 2.1.

Where a role remains genuinely casual (for example weekend-only work), it may continue under this structure.


2.4 Trial shifts / assessment periods

In some cases an establishment and a professional may agree to a trial shift or short assessment period before confirming an engagement.

Any trial shifts or assessment periods are arranged directly between the Establishment and the Professional.

The Establishment is responsible for agreeing the trial terms and paying the Professional directly for any work performed.

ClearShift may assist with coordination but does not negotiate or process trial payments.

If a trial results in an engagement under any of the engagement types above, the applicable ClearShift fee structure will apply.


3. Payments

All wages, tips, and statutory obligations are the responsibility of the Establishment.

Payments to Professionals are made directly by the Establishment unless otherwise agreed in writing.

ClearShift fees are invoiced separately and payable according to the agreed terms.

ClearShift does not handle payroll, tax, UIF, PAYE, or employment benefits.

Establishments remain responsible for ensuring compliance with all applicable labour and tax laws.


4. Responsibilities of the Establishment

The Establishment agrees to:

• Provide accurate role requirements and shift details  
• Treat Professionals fairly and in accordance with applicable labour laws  
• Pay Professionals timeously and as agreed  
• Ensure a safe and lawful working environment  


5. Introductions

Professionals introduced by ClearShift remain part of the ClearShift network.

If an Establishment hires or engages a Professional introduced by ClearShift within six (6) months of introduction, the applicable ClearShift fee structure will apply.

This includes situations where hiring is delayed, the role is restructured, or the Professional is engaged through another party.


6. Non-payment

ClearShift invoices must be paid according to the agreed terms.

If payment is not received within the specified timeframe, ClearShift reserves the right to:

• suspend further introductions or services  
• charge reasonable recovery costs  
• pursue collection of the outstanding amount  

ClearShift also reserves the right to remove an Establishment from the network in cases of repeated non-payment.


7. No exclusivity

Engagement with ClearShift is non-exclusive. Establishments are free to source staff through other channels.


8. Liability

ClearShift is not responsible for:

• The performance or conduct of Professionals once engaged  
• Any disputes arising between the Establishment and a Professional  
• Employment-related claims or obligations  

ClearShift’s role is limited to introduction and coordination.


9. Managed services & operational support

ClearShift may offer optional managed, operational, or partner services from time to time. These services are separate from staffing and governed by their own terms.


10. Changes to terms

ClearShift reserves the right to update these Terms & Conditions. The latest version will always be available on the ClearShift website.


11. Governing law

These Terms & Conditions are governed by the laws of the Republic of South Africa.


12. Contact

If you have any questions regarding these terms, please contact:

Email: email@clearshift.co.za
 

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