Terms and Conditions fort Hospitality Professionals.

1. Agreement

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

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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.

2.4 Commission Applicability for Establishments:
"Professionals acknowledge that ClearShift earns a commission for facilitating the connection to opportunities with Establishments. This commission is paid by the Establishment and does not involve any payment or responsibility from the Professional."

2.5. Communication Channels: ClearShift communicates with Professionals through various channels, including WhatsApp, phone calls, SMS, and email. By using ClearShift, you consent to receiving work-related communication via these channels, including updates on shifts, confirmations, availability checks, and other relevant matters. If you wish to opt out of a specific channel (e.g., WhatsApp), you must notify ClearShift in writing. Note that opting out may limit your ability to receive job offers and updates in a timely manner.

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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.

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4. Payment & Contracts

4.1. ClearShift does not charge Professionals any fees for introductions or placements.

4.2. Once an offer has been accepted, all payment and contractual arrangements are handled directly between the Professional and the Establishment.

4.3.

• If the engagement is casual or temporary, the Professional must invoice the Establishment directly for services rendered.

• If the engagement is permanent or fixed-term, the Establishment is responsible for paying the agreed salary directly to the Professional.

• If the engagement is for a once-off event, the Professional will invoice ClearShift. ClearShift will pay the Professional as soon as payment has been received from the Establishment.

4.4. ClearShift is not involved in employment contracts, salary agreements, or the disbursement of funds between Professionals and Establishments. It is the Establishment’s responsibility to issue contracts and make payments as agreed.
4.4.1 Commission Applicability:
The commission payable to ClearShift for facilitating an opportunity is the responsibility of the Establishment and is not a charge to the Professional. Professionals are not required to pay any commission to ClearShift.

4.5. If a Professional experiences issues such as non-payment or unclear contract terms, ClearShift may assist by facilitating communication with the Establishment. However, ClearShift is not liable for any loss of income, late payments, or contractual disputes.

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.

5.4 Commission Non-Refundable for Cancellations:
In the event of a cancellation or no-show, the commission owed to ClearShift by the Establishment remains non-refundable, regardless of whether the Professional or Establishment was involved in the cancellation, or if they knew each other prior to the introduction.

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.

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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.
11.3 Clarification of Commission Responsibility:
ClearShift reserves the right to update these Terms to clarify commission applicability, specifically indicating that commission payments are the responsibility of the Establishment and are not the responsibility of the Professional.

12: Staff on Demand Service (Addendum)

• Professionals opt-in and are approved.

• Emergency shifts may have slightly higher pay.

• Professionals are paid directly on the day.

• Cancellations <24h may result in suspension.

• Addendum is part of the main T&Cs.