ClearShift Legal

Terms & Conditions
for Establishments

These Terms & Conditions govern the use of ClearShift by hospitality establishments. 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.

2.2 Staff on Demand (Events / Stand-In)

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

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).

2.4 Trial Shifts / Assessment Periods

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, 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.

4. Responsibilities of the Establishment

The Establishment agrees to:

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, and 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, or employment-related claims or obligations. ClearShift’s role is limited to introduction and coordination.

9. Managed Services & Operational Support

ClearShift may offer optional managed services or operational support through trusted partners. These are separate from staffing engagements and subject to separate terms where applicable. Engagements under this section are directly between the Establishment and the relevant specialist or partner.

10. Changes to Terms

ClearShift may update these Terms & Conditions from time to time. The latest version will 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

For any questions regarding these terms, please contact: email@clearshift.co.za