Terms and Conditioncs for Sellers

Terms and Conditions for Hospitality Professionals

Effective Date: [Date]
ClearShift - Connecting Hospitality Establishments with Skilled Professionals

1. Agreement Overview

1.1 Binding Agreement

By registering with ClearShift or accepting work opportunities through our platform, you agree to these Terms and Conditions, creating a binding agreement between you (the "Professional") and ClearShift.

1.2 Our Role

ClearShift operates as a connector service, facilitating connections between hospitality professionals and establishments across Cape Town and the broader Western Cape region. We are not an employment agency or recruitment firm.

2. Service Categories & Engagement Types

2.1 Professional Categories

ClearShift connects professionals across all hospitality sectors, including:

Front of House: Waiters, bartenders, mixologists, floor managers, hosts, sommeliers
Kitchen Operations: Chefs (all levels), line cooks, prep cooks, kitchen assistants, scullers, kitchen managers
Food & Beverage: Baristas, food runners, banquet staff, catering assistants

2.2 Engagement Options

We facilitate four types of work arrangements:

Staff on Demand: Emergency and urgent shift coverage (within 72 hours)
Casual/Event Staff: Event-based and seasonal work (minimum 3 shifts per week over 3 months)
Fixed-Term Contracts: Project-based staffing up to 6 months
Permanent Placements: Long-term positions with minimum 6-month commitments

2.3 Communication Methods

ClearShift communicates with professionals through multiple channels including WhatsApp, phone calls, SMS, and email. By using our services, you consent to receiving work-related communications via these channels. You may opt out of specific communication methods by notifying us in writing, though this may limit your ability to receive timely job opportunities.

3. Professional Standards & Conduct

3.1 Service Excellence

As a ClearShift professional, you agree to:

Provide services that meet the standards agreed upon with each establishment
Maintain industry-standard workplace conduct and professionalism
Respect and adhere to establishment policies and procedures
Represent both yourself and ClearShift professionally at all times

3.2 Legal Requirements

You must ensure compliance with all legal requirements for working in South Africa, including appropriate work authorization, certifications, and permits. ClearShift may request verification of these documents as necessary.

3.3 Quality Assurance

ClearShift maintains quality standards through pre-interviews, reference checks, and ongoing performance monitoring. Complaints regarding professionalism or misconduct may result in removal from our platform.

4. Scheduling & Availability

4.1 Shift Commitments

ClearShift will provide monthly schedules showing your expected shifts
You are expected to complete all scheduled shifts unless prevented by emergency circumstances
Maintain professional availability and responsiveness to shift opportunities

4.2 Cancellation Requirements

Professional Cancellations:

Provide minimum 72 hours notice for shift cancellations (except emergencies)
Notify ClearShift immediately of any emergency cancellations
Repeated last-minute cancellations or no-shows may result in platform suspension

Establishment Cancellations:

Report any establishment cancellations to ClearShift immediately
We will work to find alternative opportunities when possible

5. Payment Terms & Financial Arrangements

5.1 No Professional Fees

ClearShift does not charge professionals any fees for introductions, placements, or platform access. Our commission is paid exclusively by establishments.

5.2 Payment Methods by Engagement Type

Casual/Temporary Work: Invoice establishments directly for services rendered
Permanent/Fixed-Term Positions: Receive salary payments directly from establishments
Once-off Events: 1). Invoice ClearShift, who will pay upon receipt of payment from the establishment, or 2). Invoice and receive payments directly from establishments - depending on the agreement with the Establishment.

5.3 Payment Responsibility

All salary negotiations, employment contracts, and payment arrangements are handled directly between professionals and establishments. ClearShift facilitates connections but is not involved in financial agreements or fund disbursement.

5.4 Payment Issues

While ClearShift may assist with communication regarding payment disputes or contract clarifications, we are not liable for late payments, non-payment, or contractual disagreements between professionals and establishments.

6. Permanent Position Protocol

6.1 Permanent Offer Notification

If an establishment offers you a permanent position during or after a temporary engagement, you must notify ClearShift immediately. This ensures proper handling of placement fees and maintains transparency in our business relationships.

6.2 Placement Fee Responsibility

Any placement fees for permanent positions are the sole responsibility of the establishment and do not involve any payment from the professional.

7. Non-Circumvention & Business Ethics

7.1 Direct Engagement Prohibition

Professionals may not engage in direct business relationships with establishments initially introduced through ClearShift without our involvement. This protects the integrity of our service and business model.

7.2 Violation Consequences

Direct engagement circumventing ClearShift may result in immediate account termination and potential legal action for damages.

8. Dispute Resolution

8.1 Service-Related Disputes

Disputes regarding work performance, workplace issues, or service delivery should be addressed directly between professionals and establishments. ClearShift is not responsible for resolving workplace disputes.

8.2 Platform-Related Issues

For issues specifically related to ClearShift services, contact our co-founders directly via WhatsApp for prompt resolution.

9. Liability & Insurance

9.1 Limitation of Liability

ClearShift is not responsible for:

Workplace injuries or accidents
Allegations of misconduct or professional disputes
Employment-related legal issues
Loss of income due to cancelled shifts or contract disputes

9.2 Professional Indemnity

Professionals agree to indemnify and hold ClearShift harmless against legal claims arising from their work performance or conduct at establishments.

10. Data Protection & Privacy

10.1 Data Processing Consent

By using ClearShift services, you consent to the storage and processing of your personal and professional data as necessary for facilitating work placements and maintaining our professional network.

10.2 Data Sharing Policy

Personal data is shared only as required to facilitate work opportunities. ClearShift does not sell or share personal information for commercial purposes outside our core business function.

11. Staff on Demand Service (Special Terms)

11.1 Opt-in Participation

The Staff on Demand service requires separate opt-in approval and operates under expedited timelines with enhanced availability requirements.

11.2 Enhanced Terms

Emergency shifts may offer premium compensation
Payment typically occurs on the day of service
Cancellations with less than 24 hours notice may result in temporary service suspension
Higher responsiveness and availability standards apply

12. General Terms

12.1 Terms Amendments

ClearShift reserves the right to update these Terms and Conditions. Changes will be communicated to all professionals in advance, and continued use of our services constitutes acceptance of updated terms.

12.2 Account Termination

ClearShift may suspend or terminate professional accounts at our discretion for violations of these Terms, unprofessional conduct, or business necessity.

12.3 Governing Law

These Terms are governed by South African law and subject to the jurisdiction of South African courts.