We’re Indeed Flex (“Flex”), a digital staffing partner delivering frictionless access to high quality, pre-verified local workforces for market leading brands (“Client”) via a range of flexible staffing solutions.
These terms and conditions (the “Terms of Service”) preside over the use by Clients 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, One Smart’s Place, 1st Floor, London, WC2B 5LW, UK (company registration number 09372516) referred to as “Flex”, “we”, “us”, and “our”.
These Terms of Service assume that you are not acting as a consumer when using our Service, however, to the extent that you are considered to be a consumer, you may be entitled to various statutory rights and nothing in these Terms of Service shall be construed to restrict any such rights.
Flex reserves the right, from time to time, with or without notice, to change these Terms of Service at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms. If Flex makes any significant changes to these Terms of Service, it will notify Clients by email (to the email address registered with Flex) in advance.
1. Definitions and Interpretation
1.1 The following definitions and rules of interpretation apply in these Terms of Service:
“Account” means the Flex account you open when you register to become a Client 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;
“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 the amount set out in Schedule Two for the Flexer’s role;
“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” means whichever of the following periods ends later, namely—
(a)the period of 8 weeks commencing on the day after the day on which the Flexer last worked for the Client pursuant to being supplied by Flex; or
(b) the period of 14 weeks commencing on the first day on which the Flexer worked for the Client pursuant to the supply of that Flexer to that Client by Flex.
In determining for the purposes of the above paragraph (b) the first day on which the Flexer worked for the Client pursuant to the supply of that Flexer to that Client by Flex, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that Flexer did not work for that Client pursuant to being supplied by Flex.
“Service Fee” means the fee: (i) as defined in either the Flex Service Level Agreement or the Flex+ Software Agreement (as applicable); or (ii) as referenced on the Service, charged by Flex to the Client for an Engagement;
“Shift” means one or more recurring periods in which a Flexer provides services in relation to a single Engagement;
“Flexer” means an individual who registers with Flex to undertake Assignments and Engagements with Clients;
“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.
1.2 In these Terms of Service headings (including any sections and subsections) are for convenience only and do not affect interpretation.
1.3 References to “you” are a reference to a Client.
2. User Accounts
2.1 Clients are required to create an Account in order to use the Service. By joining, a Client confirms that it is legally capable of entering into binding contracts. Flex will provide you with login credentials and on-boarding information.
2.2 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 Client has any reason to believe that its Account is being used by anyone else, contact us immediately on [email protected]. If we believe that a Client’s Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.
2.3 We may, at our absolute discretion, refuse to register any person or entity as a User.
2.4 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 [email protected].
3. Content on our Service
3.1 We may change or remove content, functionality or parts of our Service at any time.
3.2 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.
3.3 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.
3.4 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.
3.5 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.
3.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
4. User Licence
4.1 We allow Clients to post descriptions of Assignments (which may include, for example, pictures, text, information and/or other types of content) (the “Content”).
4.3 You irrevocably and unconditionally waive any and all moral rights in any Content.
4.4 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.
4.5 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 Terms of Service 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 Terms of Service.
5. Your use of our Service
5.1 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 the payment for the Flexer Services rendered to you;
(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 the Service to solicit for any other business or service, or contact Flexers for employment (or any other purpose) not related to use of the Service as envisaged by these Terms of Service;
(e) post the same Assignment repeatedly;
(f) use virtual private networks, false email addresses or any other means to mask your identity;
(g) attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programs 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;
(h) disable or modify any copy protection technology used on the Service;
(i) abuse or manipulate the rating/review system on the Service;
(j) 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;
(k) collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
(l) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, 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;
(m) 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;
(n) upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
(o) 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; or
(p) 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.
5.2 We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Terms of Service. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6. Client’s Payment Obligations
6.1 Clients agree to pay to Flex:
(a) the total amount payable in respect of any Engagement, including but not limited to an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Flexer in accordance with applicable laws;
(b) the Service Fees for using the Service in accordance with the Client’s Service Level Agreement or the Flex+ Software Agreement (as applicable) with Flex; and
(c) any National Insurance Contributions that are applicable to any Engagement.
6.2 Where applicable, Flex shall charge VAT to the Client at the prevailing rate.
6.3 Clients who pay on weekly invoice adhere to the following:
(a) Clients acknowledge that Flexers’ timesheets are calculated automatically from the time a Flexer logs on to the Service to attend their Engagement or Shift (as applicable), and until such time as he/she logs off having completed his/her Shift/Engagement. Clients agree that all timesheets for the preceding week must be approved by the Client by 11.59PM GMT on the following Tuesday. Where the Client fails to approve a timesheet on time, such timesheet shall be deemed to have been approved by the Client and the Client shall be liable to pay for all of the time recorded on such timesheet.
(b) Every Wednesday (unless it is a UK public holiday, in which case on the next working day) Flex shall provide the Client with an invoice setting out the details of all the Shifts/Engagements completed by Flexers engaged by the Client for the preceding week (for the avoidance of doubt, this means all Shifts/Engagements completed between 00:00 on Monday until 23:59 on Sunday during the same week).
(c) All additional expenses (such as food and travel) shall be clearly set out on any invoices submitted to the Client and invoiced to the Client after the Engagement/Shift has been completed.
(d) Unless otherwise agreed, the Client shall pay all invoices by bank transfer within 14 (fourteen) days of the date of an undisputed invoice in the currency in which the invoice is rendered. Any amounts not paid when due shall bear interest until paid at the monthly rate of 4% above the then current base lending rate of the Bank of England.
(e) Flex may, with or without notice, suspend or terminate the Client’s access to the Service if the Client is more than fourteen (14) days late in paying any undisputed invoice.
6.4 For Clients who book with a Debit or Credit Card via the platform adhere to the following:
(a) Clients acknowledge that Flexers’ timesheets are calculated automatically from the time a Flexer logs on to the Service to attend their Engagement or Shift (as applicable), and until such time as he/she logs off having completed his/her Shift/Engagement. Clients agree that all timesheets for the day must be approved by the Client the following day form when the shifts start at 18:00 GMT. Where the Client fails to approve a timesheet on time, such timesheet shall be deemed to have been approved by the Client and the Client shall be liable to pay for all of the time recorded on such timesheet.
(b) The 120% of the total payable amount for the booking created on platform will be preauthorised from the payment card 2 days before the start time of the booking at midday.
(c) The actual amount calculated based on the timesheet will be deducted from the payment card 3 days after the start date of the booking at 9am.
(d) For all matters including chargebacks, refunds and disputes the Client shall use Flex only as their point of contact.
7. Terms of Engagements
7.1 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.
7.2 When posting an Assignment (or at any time following a request from Flex for the same), the Client will provide Flex with details of:
(a) the date on which the Client requires the Flexer to commence work and the duration, or likely duration, of that work;
(b) 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;
(c) the hourly rate at which the Flexer would be paid;
(d) 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 Engagement;
(e) any expenses payable by or to the Flexer; and
(f) any information reasonably required by Flex in order for Flex to fulfil its obligations under the Agency Regulations and/or the Conduct Regulations.
7.3 The Client agrees that the hourly rate at which each Flexer is paid for any Engagement shall be at least the greater of:
(a) the total of (i) the minimum wage rate under applicable laws as amended from time to time, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Flexer in accordance with applicable laws; or
(b) where the Flexer performing the Engagement is a Qualifying Flexer, the total of (i) such hourly rate as is required for the Client and Flex to comply with their obligations under regulation 5 of the Agency Regulations, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the Flexer in accordance with applicable laws,
and hereby warrants to Flex that any amounts specified for an Assignment shall be in compliance with this clause 7.3.
7.4 At the time when a Flexer applies for an Engagement, the Client shall have access to the following information:
(a) the identity of the Flexer;
(b) the Flexer’s experience, training, qualifications and authorisations which are necessary for the Engagement;
(c) that the Flexer is willing to carry out the Engagement; and
(d) that the Flexer is engaged by Flex under a contract for services.
7.5 The Client shall in respect of any Engagement that involves food preparation, provide each Flexer with appropriate on-site health and safety training, as may be required by law or otherwise.
7.6 The Client shall not, during the course of any Engagement, direct a Flexer to work other than in accordance with the terms of the relevant Assignment (as posted by the Client on the Service).
7.7 The Client acknowledges and agrees that a Flexer may cancel an Engagement at any time without any prior notice and without any liability on the part of Flex.
7.8 The Client shall seek Flex’s prior written approval for any changes to the terms of any of its Assignments and Flex may, in its sole discretion, approve or reject such request. Any request for changes to an Assignment must be submitted no later than 24 hours prior to the commencement of the relevant Shift or Engagement. Where a request to change the terms of an Assignment is submitted within 24 hours of the commencement of the Engagement or Shift in question, Flex may charge (in its sole discretion) a fee equal to two (2) hours of Flexer’s time, four (4) hours of Flexer’s time (for non-chef based roles) or six (6) hours of Flexer’s time (for chef-based roles) each calculated in accordance with the hourly rate as set out in the relevant Assignment. Where such request is rejected, any Flexer Services shall be performed as per the terms of the Assignment immediately prior to the time at which the rejected change was requested.
7.9 Cancellation of an Engagement by the Client is subject to a charge equal to the sum of two (2) hours of Flexer’s time (for cleaner role), four (4) hours of Flexer’s time (for non-chef based roles) or six (6) hours of Flexer’s time (for chef-based roles) each calculated in accordance with the hourly rate agreed under the terms of the Engagement.
7.10 Client requests to change or cancel an Engagement must be submitted to Flex’s customer service via the Service. Alternatively, requests may also be submitted on 0203 322 5678 or via email firstname.lastname@example.org.
7.11 The Client acknowledges that a Flexer may refuse to work past the contracted times agreed under the terms of an Engagement. Where the Flexer agrees to work overtime, such overtime shall be payable by the Client at the same hourly rate (plus amounts in respect of the Service Fees, payment in lieu of accrued but untaken holiday and National Insurance Contributions) as the rate that has been agreed under the terms of the relevant Engagement. The Client shall be liable to pay for all expenses reasonably incurred by the Flexer as a result of working overtime (including without limitation food and travel expenses). Such additional expenses shall be clearly set out on any invoices submitted to the Client.
7.12 All additional expenses (such as food and travel) shall be clearly set out on any invoices submitted to the Client and invoiced to the Client.
7.13 Flex assumes responsibility for the payment of remuneration (including any pay in lieu of accrued but untaken holiday) to Flexers and the deduction and payment of all tax, National Insurance contributions and other levies applicable to Flexers, as required by law.
7.14 The Client acknowledges that where the terms of the Engagement stipulate that the Flexer will be engaged for less than two (2) hours (for cleaner role), four (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles), the Client shall be charged as if such Engagement was for two (2) hours (for cleaner role), four (4) hours (for non-chef based roles) or six (6) hours (for chef-based roles) (each charged at the hourly rate as set out in the relevant Assignment) and will also be charged a Service Fee and National Insurance Contributions (if applicable) on the same.
7.15 The Client shall, in its sole discretion, determine whether it shall be present or not when the Engagement/Shift is performed and/or completed. Clients who choose not to be present to oversee the performance of the Engagement/Shift may appoint another person to act on their behalf (“Client’s Agent”), in which case the Client must notify Flex in writing of any such appointment. The Client also acknowledges that Flexers may take and follow instructions given by the Client’s Agent as if such instructions were given by the Client. The Client agrees that such instructions are valid and enforceable against the Client and the Client’s Agent and the Client shall assume all responsibility and liability for such instructions.
7.16 The Client shall not, unless specified in the Assignment, cause or permit Flexers to handle or have access to cash or other valuables during any Engagement. The Client acknowledges that in all cases, the Client shall have sole responsibility for any loss suffered as a result of the Flexer’s handling of cash/valuables in question.
7.17 When the Client directs or permits any Flexer to use a Client’s motor vehicle for any business purpose in connection with an Engagement, Indeed Flex’s Driver’s Negligence insurance policy will cover any damage to the vehicle while it is under the control of the Flexer. The Client retains responsibility for the first £500 of any loss. The Driver’s Negligence policy has a policy limit of £10,000 per occurrence and £50,000 in aggregate. Third party property damage and bodily injury are excluded under the policy. Indeed Flex’s Driver’s Negligence policy is not intended to be the primary policy for any vehicle. The Client is responsible for procuring a dedicated motor insurance policy for their vehicles in line with the Road Traffic Acts. The Client hereby agrees to indemnify and, at all times, keep indemnified Indeed Flex and any of its Group Companies against any liability (whether in respect of any insured risk or otherwise) that may not be covered by the Indeed Flex Driver’s Negligence policy and arise out of, relate to or be in connection with any Flexer’s use of any Client motor vehicle for any purpose requested by the Client. The Client shall, at the time of posting of the Assignment, notify Indeed Flex of the requirement (if any) to use a motor vehicle for any business purpose in connection with that Assignment. The Client will not engage any Flexer for the purposes of driving outside of Great Britain, Northern Ireland, the Channel Islands and the Isle of Man. For full terms and conditions including exclusions under the Driver’s Negligence policy please contact your Account Manager.
7.18 You agree that Flex may call or text you to facilitate the performance of any of your Engagements.
7.19 Any Driver assignments that are booked under Delivery Driver (Client Insurance) are not covered under the Drivers Negligence Insurance provided by Indeed Flex as noted in clause 7.17. Indeed Flex does not accept any liability from any accident or injury that arises from booking Delivery Driver (Client Insurance). By booking using this job title, the client accepts all liability and responsibility in relation to Insured Risk.
8. Licence Terms
8.1 The Client agrees to grant Syft Online Limited T/A Indeed Flex, the Irrevocable right to source talent from our agency partners, automatically and without express permission from the client.
8.2 The Client agrees that the cost associated with sourcing workers from a partner agency, will be borne by the client. The costs are detailed in Schedule 1 of these terms and conditions and any variation to these costs will be notified to you in writing.
9.1 As part of its Service, Flex will use reasonable endeavours to confirm the Flexer’s identity and verify that the Flexer has the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. Notwithstanding the foregoing, Flex shall not be liable or responsible to the extent it has been provided with misleading, incorrect, inaccurate, false or fraudulent information by a Flexer.
9.2 It is the Client’s responsibility to supervise the Flexer(s) assigned to their Engagements and to ensure that the Flexer(s) provide the Flexer Services in accordance with the Client’s reasonable instructions and to the Client’s reasonable satisfaction.
9.3 Should any Flexer Services prove to be unsatisfactory, Flex may (at its sole discretion) reduce or cancel the Service Fee charged for the time worked by that Flexer, provided that the Flexer leaves the Engagement immediately and in any case within:
(a) four (4) hours of the Flexer commencing his Engagement where the Engagement is for more than seven (7) hours; or
(b) two (2) hours of the Flexer commencing his Engagement where the Engagement is for seven (7) hours or less;
and provided that the Client notifies Flex in writing of the same within 48 hours of the Flexer leaving that Engagement.
9.4 The Client acknowledges that the Flexer is not authorised or permitted by Flex to enter into any contract with the Client purporting to be made 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.
9.5 The Flexer starts with one initial 5-star rating, which only exists to help them get their first Engagement and disappears after their first rating from a Client.
10.1 Nothing in these Terms of Service 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.
10.2 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.
10.3 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 Terms of Service, 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 the engagement of Flexers via our Service). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you 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.
10.4 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 Terms of Service shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
10.5 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.
10.6 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.
11. Agency Regulations, Conduct Regulations and Other Applicable Law
11.1 Clients hereby warrant that they do and shall, at all times, comply with all relevant statutes, laws, regulations and codes of practice from time to time in force under applicable law.
11.2 Clients shall, and shall ensure that any subcontractor or other intermediary (including any Group Companies of the Client, any subcontractor or other intermediary) shall, at all times comply with their obligations under the Agency Regulations, the Conduct Regulations and all other applicable law. This includes but is not limited to:
(a) providing family-related rights to eligible Flexers in accordance with Parts VI and VII of the Employment Rights Act 1996;
(b) providing Flexers with access to collective facilities and amenities and employment opportunities in accordance with regulations 12 and 13 of the Agency Regulations; and
(c) to the extent that, under the Agency Regulations, it is the Client’s responsibility, providing Qualifying Flexers with their entitlements under regulation 5 of the Agency Regulations.
11.3 Clients warrant that they shall not post Assignments or participate in Engagements where the Flexer is or would be providing Flexer Services to cover (whether directly or indirectly) duties normally performed by a worker who is taking part in a strike or other industrial action.
11.4 If either you or Flex receive an allegation that there has been a breach of the Agency Regulations or the Conduct Regulations in relation to the supply of a Flexer to the Client using the Service, the receiving party shall provide a copy of that allegation to the other party within seven days of receipt. We shall co-operate with each other in responding to that allegation, including by supplying any information which may be reasonably requested by the other and complying with any reasonable requests in relation to the contents of any response.
11.5 In complying with AWR it is our policy that after 8 continuous weeks of a Flexer working on your site, you will be required to provide to Flex when it is asked of you , the pay and working conditions of a permanent employee to ensure that the workers AWR rights are upheld.
12.1 Flex is committed to applying the highest standards of ethical conduct and integrity in its business activities in the UK and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever we operate. Flex expects the same commitment from its Clients and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010; and (ii) any Flex Anti-Bribery and Anti-Corruption Policy as may be in force from time to time (to the extent that this applies to Clients).
13. Modern Slavery
13.1 This statement is made pursuant to s.54 of the Modern Slavery Act 2015.
12.2 Modern slavery encompasses slavery, servitude, human trafficking and forced labour. Flex has a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain.
14.1 The Client hereby acknowledges and agrees 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 your negligence, misrepresentation or breach of these Terms of Service, or your infringement or alleged infringement of any law (including, without limitation, the Agency Regulations and the Conduct Regulations) or the rights of a third party in the course of using the Service.
14.2 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 Terms of Service.
15. Transfer Fees
15.1 If, within the Relevant Period and following the supply of a Flexer by Flex to the Client, the Client or any of its Group Companies Appoints any individual who is or was a Flexer, the Client will pay Flex the Introduction Fee.
15.2 Instead of paying the Introduction Fee, the Client may hire or continue the hire (as appropriate) of the Flexer for a further period of the number of weeks as set out in Schedule Three for the Flexer’s role (the “Extended Assignment”) before it Appoints the Flexer other than through Flex (and, in which case, the Client shall give written notice to Flex that it intends to do so).
15.3 Where the Client decides to have the Flexer supplied by Flex for the Extended Assignment:
(a) the fees payable by the Client to Flex in respect of the Flexer during the Extended Assignment shall be those applicable immediately before Flex received the Client’s notice of election;
(b) at the end of the Extended Assignment, the Client may Appoint the Flexer without paying the Introduction Fee; and
(c) if the Client chooses an Extended Assignment, but Appoints the Flexer before the end of the Extended Assignment, the Introduction Fee may be charged by Flex, reduced proportionately to reflect the amount of the Extended Assignment paid for by the Client.
15.4 If, within the Relevant Period, where the Client introduces the Flexer supplied by Flex to a third-party that goes on to employ the Flexer the client may pay the Introduction Fee.
15.5 If, within the Relevant Period, where the Client decides to switch supplier but wishes to keep the Flexer supplied by Flex via the secondary supplier the client may pay the Introduction fee.
15.6 Where the client chooses to hire the Flexer for a permanent position, the fees are as follows:
All roles at NMW – £250
All chef roles – £1,000
Warehouse Operatives – £800
Forklift Drivers – £1,000
Delivery Drivers – £1,000
HGV Drivers – £1,000
16. Dispute between Flexers and Clients
You acknowledge and agree that in the event that a dispute arises between you and any Flexer in relation to any Assignment/Engagement/Shift you will Contact us on email@example.com before taking any action.
17. Other Important Terms
17.2 If any provision or part-provision of these Terms of Service 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 Terms of Service.
17.3 Flex operates as an employment business within the meaning of the Employment Agencies Act 1973 and the Conduct Regulations. Flex is not an employment agency and no Flexer is or shall be deemed to be an employee of Flex.
17.4 Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between Flex and any Clients, constitute either Flex or any Client the agent of the other, or authorise either Flex or any Client to make or enter into any commitments for or on behalf of the other.
17.5 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.
17.6 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.
17.7 If Flex delays exercising or fail to exercise or enforce any right available to it under these Terms of Service, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Service.
17.8 Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice.
17.9 These Terms of Service, together with any documentation referenced within them, constitute the entirety of the agreement between you and Flex.
17.10 Any notice or other communication given to a party under or in connection with these Terms of Service 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 Client’s Account, Service Level Agreement or Flex+ Software Agreement (as applicable). 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).
17.11 These Terms of Service, 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.
18. If you are a Flex+ User
From time to time, Flex makes available to its Clients a customised version of Flex’s proprietary applications (the “Flex+ App” and the “Flex+ Platform”) which enable such Clients to, among other things, manage and engage internal temporary staff on an ad hoc basis for their events.
This section 17 applies exclusively to users of the Flex+ App/Flex+ Platform and for the purpose of this section (and any other section which by its terms or intent is intended to apply to the Flex+ App/Flex+ Platform): (i) Flexer shall mean an End User as defined under the Flex+ Software Agreement; (ii) references to the Service shall be construed to mean the services provided by Flex under the Flex+ Software Agreement; and (iii) the Client shall mean the party responsible for managing and engaging End Users on an ad hoc basis for its events, as named in the applicable Flex+ Agreement.
In the event of conflict between section 17 and the remainder of these Terms of Service, this section shall take precedence.
18.1 If you are a Client using a Flex+ App/Flex+ Platform, you agree that you shall be solely responsible for:
(a) Confirming the Flexer’s identity and verifying that the Flexer has the required skills, qualifications and experiences to work for you (the Client);
(b) On-boarding and registering Flexers with the Service;
(c) Paying Flexers for their work as required by UK law and making any necessary deductions for tax and National Insurance contributions;
(d) Resolving any disputes with the Flexers; and
Procuring that Flexers comply with the Community Guidelines (where applicable).
19. Contacting Flex
18.1 Flex’s office is located at: Syft Online Limited, Floor One, One Smart’s Place, High Holborn, London WC1V 7AP. Our office telephone number is 02080800500. The office is open Monday to Friday from 9.30 AM – 6:00 PM by appointment only.
Schedule 1 – Agency Costs
Schedule Two – Introduction Fees
|All front of house roles inc Kitchen Porter||£250 per candidate|
|All chef roles||£1000 per candidate|
|Warehouse Operatives||£800 per candidate|
|Forklift Drivers||£1000 per candidate|
|Delivery Drivers||£1000 per candidate|
Schedule Three – Extended Assignment
|All roles||12 weeks|
Terms for Promotions and Offers
Referral Bonus (for Job Seekers)
* If an existing Job Seeker refers a friend using the referral code created in the app, we will give the referrer a £20 referral bonus when the referred friend redeemed the code and completed a shift within 30 days.
* To benefit from the referral offer, the existing Job Seeker must use the referral code created in the app.
* The existing Job Seeker will only receive their referral voucher once the referred Job Seeker has completed the first shift after code redemption within 30 days.
* The referral code must be redeemed BEFORE the first shift.
* Referral bonus will not be issued for installations of the app. Flex will only accept referrals for new Job Seeker who have not done their first shift.
* Referral vouchers cannot be used in conjunction with any other marketing offer or promotion.
* Referral vouchers are issued on and limited to a one per account basis.
Client Referral Scheme for Existing Clients
* You must be a verified employer on our app having completed and paid for at least one shift with us.
* You cannot refer someone from your own company, it must be a different company who is not already a client verified with Flex.
* Once your referred company is successfully verified, completed and paid for their first shift, you will receive £100 credit on your Flex account to use towards your next booking.
* The £100 referral credit is valid for shifts completed on or before 30 June 2021.
* Your credit is valid for 45 days after receipt and applies to all future bookings from that date.
Client Referral Scheme for Existing Flexers
* You must be a verified Flexer on our app.
* You cannot refer someone from your own company, it must be a different company who is not already a client verified with Flex or PBL Chefs
* Once your referred company is successfully verified, completed and paid for their first shift, you will receive a £100 bonus on your next payroll.
* To refer a company to Flex, please fill in this referral form.
Full-time Signing Bonus for Job Seekers
* You must have worked for this client via Flex to be qualified for this bonus.
* You must notify Flex that you have accepted a full-time position with a Flex client immediately to be qualified for this bonus.
* You’ll be paid a £100 bonus if you passed the probation period (30 days).
* You must be verified on Flex app when you accept the full-time position with a Flex client.
* To contact Flex regarding this, please email [email protected] with your Flex account details and the full-time position details.
* Flex reserves the right of final decisions in case of disputes.