Terms and Conditions for Hospitality Establishments.

Welcome

At ClearShift, we believe in simple, transparent working relationships.
These Terms and Conditions explain how ClearShift works with hospitality establishments to connect them with verified professionals for permanent, contract, casual, and urgent staffing needs.
Please read them carefully — they form the basis of our agreement whenever you use our website, WhatsApp, email, or app.

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1. Agreement & Scope

1.1 By using ClearShift, you (“the Establishment”) agree to these Terms and Conditions, forming a binding agreement between your business and ClearShift.

1.2 ClearShift connects hospitality establishments with verified professionals for long-term, fixed-term, casual, events, and urgent cover (Staff on Demand) placements.

1.3 These Terms apply to all engagements arranged via our website, WhatsApp, email, or any other ClearShift communication channel.

1.4 These Terms do not apply to permanent employment offers made directly between an Establishment and a Professional that occur independently of ClearShift introductions.

1.5 A placement fee is payable to ClearShift for facilitating any introduction that results in an engagement, even if the Establishment and Professional were previously acquainted.

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2. Our Services

2.1 ClearShift offers the following engagement types:

• Long-Term Placement: 6+ months (permanent or ongoing employment)

• Fixed-Term Contract: up to 6 months

• Casual Staffing: recurring or short-term shifts for ongoing establishments

• Events: one-off or multi-day events requiring a full or partial team

• Staff on Demand / Urgent Cover: within 72 hours of request

2.2 All Professionals in our network are interviewed, reference-checked, and skills-assessed before being introduced to establishments.

2.3 All coordination and communication relating to placements must be handled through ClearShift to ensure proper service delivery and support.

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3. Fees & Payment Terms

3.1 Placement Fees

• Long-Term Placements: 10% of total cost-to-company (CTC), capped at 6 months’ CTC.
  Payment split: 50% when the Professional accepts, 50% one month later.

• Fixed-Term Contracts: 10% of total contract value.
  Payment split: 50% when the Professional accepts, 50% one month later.

• Casual Staffing: 10% of agreed wages over a 3-month period.
  Full fee invoiced upon acceptance.

• Events: Quoted individually based on the event’s size, scope, timing, and staffing requirements.
  Event fees are payable in full before the event starts.
  Staff confirmations are issued once payment is received.
  Establishments may preview proposed staff profiles via our website prior to final confirmation.

• Staff on Demand / Urgent Cover: R200 per shift + the Professional’s wage.

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3.2 Payment Terms

• All invoices are payable upon receipt.

• EFT payments incur no fees. Card payments include a 2.9% transaction fee.

• Late payments (beyond 14 days) may result in the suspension of all ClearShift services, including future placements or requests.

• Repeated late payment may result in interest charges or a requirement for upfront deposits before future engagements.

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3.3 Payment to Professionals

• Establishments pay Professionals directly for services rendered, unless otherwise agreed in writing.

• For certain events, ClearShift may act as a payment intermediary, in which case the Establishment pays ClearShift directly for all amounts due (including Professional wages and commission).

• ClearShift does not operate as a payroll provider for ongoing employment.

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4. Quality Assurance & Replacements

4.1 If a Professional does not meet reasonable expectations within the first three shifts of a long-term or fixed-term placement, ClearShift will provide one replacement at no additional cost.

4.2 For Staff on Demand / Urgent Cover, ClearShift will use its best efforts to source immediate replacement coverage if a Professional cancels or fails to arrive.

4.3 Performance issues must be reported to ClearShift within 24 hours for appropriate resolution.

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5. Cancellations & Refunds

5.1 Standard cancellations require at least 72 hours’ notice to avoid cancellation fees.

5.2 Late cancellations (after a Professional has been assigned) may incur partial or full placement fees, depending on the timing.

5.3 Staff on Demand / Urgent Cover: cancellations within 24 hours of the shift incur the full commission fee.

5.4 Events: cancellations within 72 hours of the event date are non-refundable. Cancellations prior to that may be partially refundable at ClearShift’s discretion, depending on preparation time, staffing commitments, and other costs incurred.

5.5 Refunds will only be considered in cases of proven theft or Professional no-show, reported within 24 hours of the incident.

5.6 Once introductions are made and the Establishment proceeds with engagement, the placement fee remains payable even if the arrangement is later cancelled.

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6. Changes to Engagements

6.1 If an engagement’s scope, duration, or rate changes after ClearShift’s introduction, the placement fee will be adjusted accordingly to reflect the new arrangement.

6.2 ClearShift must be informed immediately if an Establishment retains or rehires a Professional introduced by ClearShift under a different arrangement.

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7. Establishment Responsibilities

Establishments agree to:

• Provide a safe, lawful, and compliant working environment.

• Ensure fair treatment and timely payment to Professionals.

• Provide accurate shift or engagement details before confirmation.

• Communicate promptly regarding cancellations, changes, or performance concerns.

• Respect all applicable labour laws and workplace standards.

Failure to meet these responsibilities may result in suspension of services or termination of the relationship.

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8. Communication & Support

8.1 ClearShift provides direct WhatsApp and email support for urgent requests or service issues.

8.2 Standard profile delivery and matching typically occur within 24 hours for regular requests.

8.3 All communication and coordination related to placements must remain within the ClearShift channel (website, WhatsApp, or email) to ensure service quality and accountability.

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9. Dispute Resolution

9.1 Day-to-day service issues should be addressed directly between the Establishment and the Professional.

9.2 ClearShift will assist with coordination and communication but is not responsible for resolving workplace disputes.

9.3 ClearShift’s role is facilitative, not supervisory. Establishments retain full responsibility for managing Professionals on site.

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10. Liability & Indemnity

10.1 ClearShift is not liable for loss, damage, injury, or workplace incidents arising from engagements arranged through the platform.

10.2 Establishments agree to indemnify ClearShift against any claims, damages, or costs resulting from their actions, omissions, or workplace conditions.

10.3 ClearShift’s total liability for any claim is limited to the amount of the placement fee paid for the specific engagement in question.

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11. Data Protection & Privacy

11.1 ClearShift collects and processes Establishment information solely for the purpose of facilitating placements and related communication.

11.2 Necessary details (such as contact information and job specifics) may be shared with Professionals where required to complete a placement.

11.3 All data is managed in accordance with South African privacy and data protection laws.

11.4 ClearShift does not sell or share data with third parties unrelated to its service operations.

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12. Updates & Access

12.1 ClearShift may update these Terms from time to time, with notice provided to registered Establishments via email or website updates.

12.2 Continued use of the platform or services after notice of updates constitutes acceptance of the revised Terms.

12.3 ClearShift reserves the right to suspend or terminate an Establishment’s access to its services in cases of non-payment, misconduct, or breach of these Terms.

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13. Agreement Acceptance

By engaging with ClearShift — whether through our website, WhatsApp, email, or app — you confirm that you have read, understood, and accepted these Terms.

Acceptance may be provided in writing, by electronic communication, or through continued use of ClearShift’s services.

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14. Contact Information

ClearShift
→ Connecting Professionals & Establishments
M: 073 042 7738
E: email@clearshift.co.za
W: www.clearshift.co.za

End of Terms & Conditions