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Welcome to Flex! We are an online platform which connects businesses that are looking to engage temporary staff on an ad hoc basis to meet their particular requirements, such as covering events, (each such business being the “Client”) with individuals who are looking for ad hoc opportunities to provide their services (each such individual being a “Flexer”).
These terms and conditions (the “Community Guidelines”) preside over the use by Flexers of the services offered by Flex via Flex’s website, web application (accessible via the following URL https://indeedflex.com) and mobile applications. Such services, website and mobile applications are hereinafter together referred to as the “Service”. The Service is operated by Syft Online Limited of Work.Life, 33 Foley Street, London, W1W 7TL (company registration number: 09372516) referred to as “Flex”, “we”, “our”, “us” and the “Company”.
These Community Guidelines also set out the terms and conditions on which Flex will provide Flexers with the opportunity to provide temporary services to Clients and the terms and conditions on which those temporary services must be provided. These Community Guidelines shall govern all Engagements undertaken by Flexers. No contract shall exist between Flex and you between Engagements.
Flex reserves the right, from time to time, with or without notice, to change these Community Guidelines at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. Flex will notify Flexers by way of notice on the Flex online platform and email (to the email address registered with Flex) when any changes are posted. By using the Service after any changes have been posted, you agree to the new terms. If Flex makes any significant changes to these Community Guidelines, it will notify Flexers by email (to the email address registered with Flex) in advance.
1. Definitions and Interpretation
- The following definitions and rules of interpretation apply in these Community Guidelines:
“Account” means the Flex account you open when you register to become a Flexer and use Flex’s Service;
“Agency Regulations” means the Agency Workers Regulations 2010;
“Appoint” means the employment or engagement of any individual who is or was a Flexer by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than Flex as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Appointed, Appoints or Appointment shall be construed accordingly’;
“Assignment” means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;
“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, Flex or Flex’s Group Companies for the time being confidential to the Client, Flex or Flex’s Group Companies and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or Flex or Flex’s Group Companies or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Temporary Worker creates, develops, receives or obtains in connection with an Engagement, whether or not such information (if in anything other than oral form) is marked confidential;
“Engagement” means a Client’s engagement of a Flexer via the Service to provide Flexer Services in respect of any Assignment;
“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;
“Introduction Fee” means a fee payable by the Client to Flex in the circumstances set out in clause 18;
“Qualifying Flexer” means any Flexer who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Regulations;
“Qualifying Period” means the 12-week qualifying period as defined in regulation 7 of the Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;
“Relevant Period” has the meaning given to it in regulation 10(5) and (6) of the Conduct Regulations;
“Shift” means one or more recurring periods in which a Flexer provides services in relation to a single Engagement;
“Flexer Services” means the activities to be performed by Flexers during the course of any Engagement; and
“User” means a Flexer or a Client that registers for an Account
In these Community Guidelines headings (including any sections and subsections) are for convenience only and do not affect interpretation.
References to “you” are a reference to a Flexer.
2. User Accounts
- Flexers are required to create an Account in order to use the Service. By joining, a Flexer confirms that they are aged 18 or over and are legally capable of entering into binding contracts. Flex will provide you with login credentials and on-boarding information.
- All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Flexer has any reason to believe that its Account is being used by anyone else, Contact Us immediately by emailing email@example.com. If we believe that a Flexer’s Account has been compromised, we may suspend that account and will contact the Flexer to try and resolve the problem.
- We may, at our absolute discretion, refuse to register any person or entity as a User.
- If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on firstname.lastname@example.org.
3. Content on our Service
- We may change or remove content, functionality or parts of our Service at any time.
- The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us, or licensed to us by third parties. Our Service and content is protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property without our prior written approval.
- From time to time, our Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.
- We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
- Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
- We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
4. User Licence
- We allow Flexers to submit applications for Assignments (which may include, for example, pictures, text, information and/or other types of content) (the “Content”).
- You irrevocably and unconditionally waive any and all moral rights in any Content.
- You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
- By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Community Guidelines and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Community Guidelines.
5. Your use of our Service
- You agree that you will not:
- (a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
- (b) fail to deliver Flexer Services to the Client;
- (c) advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;
- (d) use virtual private networks, false email addresses or any other means to mask your identity;
- (e) attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- (f) disable or modify any copy protection technology used on the Service;
- (g) abuse or manipulate the rating/review system on the Service;
- (h) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
- (i) collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
- (j) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
- (k) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
- (l) do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, over burden or impair the Service; or
- (m) otherwise use the Service in violation of these Community Guidelines.
- We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Community Guidelines. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6. Your Relationship with Flex
- Flex operates as an employment business within the meaning of the Employment Agencies Act 1973 and the Conduct Regulations.
- Upon accepting an Engagement, Flexers are engaged by Flex as workers within the meaning of section 230(3) of the Employment Rights Act 1996. Flex is not an employment agency and no Flexer is or shall be deemed to be an employee of Flex.
7. Terms of Assignments
- Flex does not review, approve, recommend or verify any of the credentials, licences or statements in relation to Assignments posted by Clients on its Services. Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.
- In respect of each Engagement, Flexers shall be engaged by Flex under a contract for services. Flexers act for and under the control of Clients for the duration of each Engagement. Flex and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Flexers or Clients.
- At the time when an Assignment is available for a Flexer to view, Flex shall provide Flexers with the following information:
- (a) the identity of the Client, and if applicable the nature of its business;
- (b) the date on which the Client requires the Flexer to commence work and the duration, or likely duration, of that work;
- (c) the position which the Client is seeking to fill, including the type of work the Flexer would be required to do, the location at which, and the hours during which, the Flexer would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
- (d) the hourly rate at which the Flexer would be paid;
- (e) the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law, or any professional body, for the Flexer to possess in order to work the Assignment; and
- (f) any expenses payable by or to the Flexer.
- At the time when a Flexer applies for an Assignment, the Flexer shall provide information regarding their experience, training, qualifications and authorisations which are necessary for the Assignment. In applying for an Assignment, the Flexer confirms that they are willing to carry out the Assignment.
- You understand and agree that Flex will use reasonable endeavours to confirm your identity and to verify that you have the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. This may include Flex conducting extensive background checks to verify your identity and criminal record and Flexers give Flex all necessary consents to undertake such checks to the extent permitted by applicable law.
8. Accepting Engagements
- You are not obliged to apply for any Assignments and, upon applying for an Assignment, are not obliged to accept any subsequent Engagement. Similarly, Flex is not obliged to make any Assignments available to you and is not obliged to ensure that Clients offer you Engagements.
- Upon accepting an Engagement, as soon as possible before the commencement of the Engagement and during each Engagement (as appropriate) and at any time at Flex’s request, you undertake to:
- (a) inform Flex of any calendar weeks whether before the date of commencement of the relevant Engagement or during the relevant Engagement in which you have worked in the same or a similar role with the Client via any third party;
- (b) provide the Flex with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by Flex; and
- (c) inform Flex if, before the date of the commencement of the relevant Engagement, you have:
- (i) completed two or more assignments with the Client;
- (ii) completed at least one assignment with the Client and one or more assignments with a Group Company of the Client; or
- (iii) worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
- Upon being engaged via the Service to perform an Engagement, the Flexer may, at any time prior to the commencement of such Engagement (or the first Shift of the same) cancel the Engagement.
9. Confirming and Performing Engagements
- For each Shift and/or Engagement, Flex requires you to confirm that you will be attending. All shifts must be confirmed via Flex’s mobile application.
- For each Shift and/or Engagement booked more than 48 hours ahead of the scheduled start time, you will receive a reminder notification and be required to confirm via Flex’s mobile application. If you do not confirm your shift more than 24 hours before your scheduled Shift start time you will automatically be removed from the Shift.
- By accepting any Shift within 48 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift.
- Upon accepting an Engagement you confirm that:
- you expect to be able to carry out the necessary duties and responsibilities of the Engagement
- you will co-operate with the Client’s lawful and reasonable instructions and will accept the director, supervision and control of any responsible person within the Client’s organisation;
- you will observe and obey any of the Client’s relevant rules, policies and/or regulations including, without limitation, the Client’s health and safety policies;
- you will abide by the Client’s uniform and conduct rules (if any);
- you will take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions whilst you are performing the Engagement;
- you will be on your best behaviour, work hard and serve the Client to the best of your ability at all times during your Shift and/or Engagement;
- you will not engage in any misconduct or behaviour which is detrimental to the interests of Flex or the Client. This includes any actions that could bring Flex or the Client into disrepute and/or which could result in loss of business for either party.
- You will be required to perform the Engagement or Shifts at the location specified in the applicable Assignment or at such other location as Flex may notify to you. Your travelling expenses will not be reimbursed unless otherwise specified in the Assignment or agreed with Flex in writing.
- You are required, when performing an Engagement or Shift, to be dressed in clean work clothes / uniform and to be immaculate in appearance. Your hair must always be clean and tidy, long hair should be tied up and men should be clean shaven, with the following exceptions: a neatly trimmed moustache, goatee or beard is permitted. You will receive more information on this during your induction. Please check our website www.indeedflex.com for full details regarding uniform requirements and conduct. If Flex receives two or more complaints from Clients regarding your appearance, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session at the Flex offices to regain access to the Services.
- If, either before or during the course of an Engagement, you become aware of any reason why you might not be suitable for the Engagement, you must notify Flex without delay.
- You agree that Flex may call or text you to facilitate the performance of any of your Engagements.
- Flexers are not authorised or permitted by Flex to enter into any contracts with Clients purporting to be made by or on behalf of Flex, or to make any statements or representations to the Client purporting to be made by or on behalf of Flex and/or receive loans or advances on wages from the Client.
10. Food Hygiene
- Flex is committed to the highest standard of health and hygiene. You will immediately notify Flex if you are suffering from an illness or condition that prevents you from working with food. You warrant that, for the duration in which you are suffering from any such illness or condition, you will not apply for any Assignments or perform any Engagements or Shifts which require you to work with food.
- The following behaviour will be regarded as misconduct which could entitle the Client to ask you to leave the Shift/Engagement:
- (a) Theft and/or fraud.
- (b) Discrimination, bullying and harassment.
- (c) The use of company facilities and equipment for personal reasons in work time.
- (d) Damage to property belonging to or in the possession of the Client or of other service providers.
- (e) Drunkenness.
- (f) Abusive behaviour (verbal or non-verbal) physical violence or assault.
- (g) Swearing or abusive language. Fighting at work.
- (h) The wilful failure to follow management instructions or guidelines.
- (i) Possession of an offensive weapon.
- (j) Smoking in the workplace, or consumption of alcohol or drugs.
- (k) Conduct likely to endanger persons or property.
- (l) Failing to switch off mobile phone during your working hours.
- (m) Any use of mobile phone outside of your designated rest breaks or for the purposes of clocking in and out of an assignment and other assignment related issues.
- (n) Failure to speak English if requested by the client.
- If you are asked to leave a Shift/Engagement for any of the behaviours identified above, you will not be paid for the remainder of the Shift/Engagement and Flex reserves the right to terminate this contract and prevent you from using the Services.
- You will be paid in accordance with the gross hourly rates set out in the terms of your Engagement, as agreed between you and the Client (the “Remuneration”) subject to deductions for income tax and National Insurance contributions in accordance with applicable laws.
- For the avoidance of doubt, the Remuneration shall never be less than the minimum hourly rates set out in the laws of England and Wales from time to time.
- In addition to the Remuneration, you will receive a payment in lieu of holiday (the “Holiday Pay”) or accrued holiday dependent on the engagement, this is or would become due and payable to you in accordance with applicable laws and our holiday pay claims process, again subject to deductions for income tax and National Insurance contributions in accordance with applicable laws.
- Subject to your compliance with Flex’s timekeeping procedures set out in clause 14, payment of the Remuneration and the Holiday Pay will be made to the bank account nominated by you on your Account within twenty-one days following completion of the Engagement, regardless of whether Flex has received payment from the Client for those hours.
- Where, pursuant to the terms of an Engagement, the Client has agreed to reimburse a Flexer for certain expenses (for example, food and travel), claims for such expenses must be made within 48 hours of completing the Shift/Engagement in respect of which the expenses were incurred. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.
- Flex reserves the right to make deductions from any payments due to you from Flex for any sums owed by you to Flex, including but not limited to any overpayment in respect of previous Engagements, any other deductible expense or cost, and/or the amount of any loss to Flex resulting directly from any act of gross negligence or carelessness or any other breach of these Community Guidelines by you.
- Subject to any applicable statutory entitlement, you are not entitled to receive payment from Flex or the Client for time not spent working on the Engagement, whether in respect of holidays, illness or absence for any other reasons, unless otherwise agreed.
- Flex currently operates a NEST pension scheme which you may be eligible to join. Membership of this scheme is strictly subject to the rules of the scheme as amended from time to time. Flex reserves the right to vary or discontinue any scheme which is in place from time to time. If you are a member of the pension scheme, Flex shall be entitled to deduct from your salary any amounts payable by you as member contributions to the pension scheme.
- For each Shift and/or Engagement, Flex requires you to submit timesheets. This is to ensure that Flex has an accurate record of the hours you have spent working and, therefore, can correctly calculate the pay due to you. All timesheets are generated via Flex’s online platform as follows:
- (a) at the beginning of each Shift you must “clock in” using the mobile application to register your start time by ensuring that the Client scans the QR code found on your booking; and
- (b) at the end of each Shift you must “clock out” using the mobile application to register your finishing time by ensuring that the Client scans the QR code found on your booking.
- If the Client is unable to scan your QR Code or refuses to do so at the beginning of your Shift, you must contact us immediately via Live Chat.
- If, for any reason you cannot “clock in” and “clock out” using the mobile application at the beginning and end of a shift, Flex will allow a grace period of up to four hours after the scheduled end time of your Shift. If you fail to provide this information by the conclusion of this grace period, Flex reserves the right to suspend your use of the Services.
- In the event that you disagree with a timesheet, please Contact Us at email@example.com within 48 hours of receiving your pay-slip to lodge a dispute with Flex and to state what you consider to be the correct times. Flex will consult with the Client in an attempt to resolve the dispute and will confirm the outcome to you in writing.
- Failure to comply with the time recording procedure at clause 14.1 may result in a delay in making payment of the Remuneration and Holiday Pay to you as we investigate (in a timely fashion) the hours, if any, worked by you. Flex will not pay you for hours not worked.
- The number of hours which you are required to work will be as set out in the Assignment. You are not obliged to work any hours in excess of those set out in the Assignment (“Overtime”), but may agree with the Client to do so. You will receive the Remuneration (plus Holiday Pay, if any) for any Overtime. If you incur any extra travel expenses as a result of working Overtime you may claim these from the Client via Flex. Claims for such expenses must be made within 24 hours of completing the Shift in respect of which they were incurred. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.
- Flex takes punctuality for Engagements very seriously. We encourage you to plan your journey ahead leaving room for delay. Once you arrive report to a manager/supervisor so you can clock in and generate a timesheet. If you are going to be late for a Shift, please Contact Us on Live Chat so that we can notify the Client.
- If you arrive to a Shift late, the Client is entitled to send you home and you will not be paid for the Shift. Furthermore, if you are reported to Flex as being over 10 minutes late on two or more occasions, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session at the Flex offices to regain access to the Services.
- If you accept an Engagement which you are subsequently unable to attend, you must notify Flex immediately by cancelling the Engagement via the Service. If you cancel a Shift or an Engagement less than 24 hours (but more than 30 minutes) before that Shift or Engagement is due to start you will receive a “strike”. If you receive three strikes, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session at the Flex offices to regain access to the Services.
- Flex understands that sometimes plans change and that you may need to cancel a shift within 24 hours. You may work off your first or second strikes by completing 10 shifts without obtaining any further strikes. If you gain three active strikes Flex reserves the right to suspend your use of the Services and to require you to attend another induction session at the Flex offices to regain access to the Services.
- If a Shift or Engagement is cancelled by the Client, Flex will take reasonable steps to give you as much notice as possible. If a Shift or Engagement is cancelled by the Client less than 24 hours before that Shift or Engagement is due to start, you may be paid compensation of up to 4 hours’ Remuneration. The payment of compensation will be determined by Flex acting in its sole discretion.
- If you fail to attend your booking without notifying Flex, Flex reserves the right to terminate this contract and prevent you from using the Services. If you cancel the Engagement via the Service less than 30 minutes before that Shift or Engagement is due to start, Flex reserves the right to terminate this contract and prevent you from using the Services.
16. Feedback and ratings
- By using the Services, you agree to be given feedback by Clients to whom you have provided services. You acknowledge that feedback will consist of ratings and reviews left by Clients and that these ratings and reviews will be used by Flex to display on your profile publicly. Flex is not legally responsible for any rating or review posted on its services by any Users or third parties.
- Flex uses Clients’ ratings of your services provided at its discretion to decide whether to allow you to maintain access to the platform.
17. Your rights
- You are entitled to 5.6 weeks’ paid annual leave per year, calculated pro rata by reference to the number of hours worked and accruing at the rate of 12.07% of the hours worked. Holiday entitlement is accrued from your first hour of working. You will be paid an amount in lieu of any accrued but untaken leave following the end of each Engagement.
- You are entitled to an unpaid rest break of at least 20 minutes during each Shift of over 6 hours. The Client will notify you as to when you may take this (or any other) break. Flex cannot guarantee that the Client will provide food, drink or other refreshments, so you are advised to take your own.
- Under Regulation 4 of the Working Time Regulations 1998 you have a right not to work more than an average of 48 hours in any 17 week period. By using the Services you agree that this limit on working time shall not apply to you unless you give Flex not less than three months’ prior notice in writing that you wish to withdraw your agreement and for the limit to apply to you.
- Provided you meet the relevant eligibility criteria, you may be entitled to Statutory Sick Pay. [In all cases of absence, a self-certification form, which is available from the payroll team, contactable on firstname.lastname@example.org, must be completed on your return to work and supplied to the payroll team on email@example.com. For any period of incapacity due to sickness or injury which lasts for seven consecutive days or more, a doctor’s certificate (a “statement of fitness for work”) stating the reason for absence must be obtained at your own cost and supplied to the payroll team on firstname.lastname@example.org. Further certificates must be obtained if the absence continues for longer than the period of the original certificate.]
- If you are a Qualifying Flexer, you may be entitled to benefit from certain other working conditions for the duration of the applicable Engagement.
- Provided you meet the relevant eligibility criteria, you may be entitled to receive statutory maternity, paternity, adoption or shared parental pay from Flex. You may also be eligible to take paid time off to attend antenatal appointments, or unpaid time off to accompany someone to an antenatal appointment.
- Flex are committed to ensuring that all agency workers are safe whilst working on each assignment. In the event that PPE is required in order to carry out a particular assignment, this will be provided by Flex at the request of the worker.
18. Temporary to Permanent
- You acknowledge that Flex will be able to charge the Client an Introduction Fee where the Client or any of its Group Companies Appoints you within the Relevant Period.
- The Introduction Fee will not be payable in the circumstances described in clause 18.1 if the Client agrees to have you supplied by Flex for a further specified period, at the end of which you may be engaged by the Client or any of its Group Companies without further charge.
- If you do not contact Flex or use the online platform for more than one month, Flex reserves the right to terminate your profile from the Services and archive your profile from Flex’s online platform.
- Flexers who are suspended from Flex’s online platform or who have not accepted and worked a Shift within a 3 month period will lose access to the incentives and perks (if any) offered by Flex under clause 29.1.
- No notice is required from you [or Flex] to terminate this agreement.
- In order to protect the confidentiality and trade secrets of any Client and Flex and without prejudice to every other duty you agree that you will, both during and after any Engagement, keep confidential and not disclose to any person (except in the proper performance of your services under any Engagement) nor use for your own benefit or for the benefit of any third party, any Confidential Information. You also agree that you will not, at any time, make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or Flex except when required to do so in the course of an Engagement, in which circumstances such copy abstract or summary would belong to the Client or Flex.
- You agree to deliver up to the Client or Flex at the end of each Shift all documents, ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client (and all copies) which are in your possession including documents, any data produced, maintained or stored on the Client’s computer systems or other electronic equipment and other materials created by you during the Shift.
- You must also keep confidential details concerning the presence and conduct of any persons attending an event.
- This clause shall not apply to any information which is in the public domain other than through a breach by you of this or any other obligation of confidentiality, or which you are ordered to disclose by a court of competent jurisdiction.
21. Data Protection
- During the term of this contract, it will be necessary for Flex to retain personal data and other information about you. You consent to Flex and Clients holding and processing such personal data for legal, personnel, administrative, management and payroll purposes. In particular, you consent to the processing of any “sensitive personal data” as defined in the Data Protection Act 1998 relating to you, as appropriate:
- (a) information about your physical or mental health or condition to monitor sick leave and take decisions as to your fitness for work;
- (b) your racial or ethnic origin or religious or similar beliefs to monitor compliance with equal opportunities legislation; and
- (c) information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
Any such data processing will at all times be in accordance with the Data Protection Act 1998 and Flex recognises the importance of respecting the personal privacy of all its Flexers.
- You also consent to Flex making such information available to the Client, Flex’s Group Companies, those who provide products or services to Flex (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Flex or Flex’s Group Companies or any part of its business.
- You consent to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Community Guidelines.
22. Personal Possessions
- Neither Flex nor Clients will be responsible for your personal belongings. Please ensure that you keep your personal possessions secure. You are advised not to take any items of value with you to Shift or Engagement. Please note that Clients have the right to ask to search your bags on their premises.
- If you have accepted an Engagement which requires security clearance Flex reserves the right to pass on necessary details to the relevant authorities. By using the Services you agree to provide a photograph of yourself which may be used for security clearance purposes.
- In addition to providing a photograph for the purposes of security, by using the Services you also agree that you allow photographs of your profile and any photos and video footage of Engagements at which you have worked to be published on Flex’s website and used in other marketing materials which may be produced by Flex.
25. Equal Opportunities
- It is Flex’s policy to ensure that no Flexer or Client receives less favourable treatment on the grounds of race, sex, disability, age, sexual orientation, religion, belief or ethnic or national origin. If you fail to adhere to this policy, Flex reserves the right to terminate this Contract.
26. Immigration and Asylum Act
- Flex is obliged to confirm that you have the legal right to work in the UK. Your use of the Services is subject to and conditional upon your being at all times eligible to work in the UK and your providing evidence, satisfactory to Flex, of your entitlement to work in the UK. You shall notify Flex immediately if you cease to be entitled to work in the UK. You must cooperate with any checks that Flex is obliged to make to confirm your continuous permission to work in the UK. This Contract will be terminated if at any stage you lose your right to work in the UK.
- Nothing in these Community Guidelines limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
- We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Community Guidelines, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including your participation in any of the Engagements). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from Clients in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
- If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Community Guidelines shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
- Flexers engaged via the Service perform the Engagements under the direction and control of the Client. Flex provides matchmaking and platform services only and you agree that Flex has no responsibility for any other aspect of service delivery or interaction between Flexers and Clients.
- Flexers hereby acknowledge and agree to indemnify and keep indemnified Flex, each of Flex’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of their negligence, misrepresentation or breach of these Community Guidelines, or their infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.
- Flex can apply any funds owed to you against any liabilities you owe to Flex or loss suffered by Flex as a result of your non-performance or breach of these Community Guidelines.
29. Flexer Incentives
- Flexer may, in its absolute discretion from time to time, make certain incentives and/or perks available to Flexers. Flex may vary, suspend or discontinue any such incentives or perks at any time.
30. Dispute between Flexers and Clients
- You acknowledge and agree that in the event that a dispute arises between you and any Client in relation to any Assignment/Engagement/Shift you will Contact Us on email@example.com before taking any action.
31. Other Important Terms
- If any provision or part-provision of these Community Guidelines is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Community Guidelines.
- Nothing in these Community Guidelines is intended to, or shall be deemed to, establish any partnership or joint venture between Flex and any Flexers, constitute either Flex or any Flexer the agent of the other, or authorise either Flex or any Flexer to make or enter into any commitments for or on behalf of the other.
- This contract is between you and Flex. Save for Flex’s Group Companies and the officers, directors, agents and employees of Flex and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.
- You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
- If Flex delays exercising or fail to exercise or enforce any right available to it under these Community Guidelines, such delay or failure does not constitute a waiver of that right or any other rights under these Community Guidelines.
- Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice.
- These Community Guidelines, together with any documentation referenced within them, constitute the entirety of the agreement between you and Flex.
- Any notice or other communication given to a party under or in connection with these Community Guidelines shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Flexer’s Account. Notices will be deemed given 24 hours after the e-mail is sent (if sent by email) or the third day after the date of mailing (if sent by post).
- These Community Guidelines, and any contract between you and Flex, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.
32. Contacting Flex
- Flex’s office is located at: Syft Online Limited, Work.Life 33 Foley Street London W1W 7TL. The office is open Monday to Friday from 9.30 AM – 6:00 PM by appointment only. Please feel free to contact us by email on firstname.lastname@example.org.
33. Flex x Flow Partnership
- Flow has been designed to inspire learning through a comprehensive portfolio of innovative and engaging online hospitality focused modules. All verified Flexers who qualify gain access to these modules and certificates for free from 27th March 2020 to 30th April 2020.
- Flow will be available to verified Flexers who have completed at least 1 shift within the last 6 months.
- Unlimited access to the available Flow modules are available for the month of April and can be extended or withdrawn at the discretion of Flex.
- Modules completed are for your personal development and will not automatically verify you for additional roles with Flex.