Welcome to SyftForce Guidelines
Welcome to SyftForce an online platform, which allows businesses (each such business being the “Client”) to connect and manage a pool of their own internal workers, post, offer and manage shifts. In addition, it offers the ability to connect to Syft an external online platform (see Syft’s specific Terms of Service) that connects Clients that are looking to engage external temporary staff on an ad hoc basis to meet their particular requirements, such as covering events.
These terms and conditions (the “SyftForce Guidelines”) preside over the use by a Worker of the services offered by Syft on behalf of the Client via Syft’s SyftForce website, web application (accessible via the following URL https://www.syftforce.com) and mobile applications (iOS and Android). Such services, website and mobile applications are hereinafter together referred to as the “Service”. The Service is operated by Syft Online Limited of 53 Parker Street, Holborn, London, UK, WC2B 5PT (company registration number: 09372516) referred to as “Syft”, “we”, “our”, “us” and the “Company”.
Syft reserves the right, from time to time, with or without notice, to change these SyftForce Guidelines at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. Syft will notify End Users by way of notice on the SyftForce online platform and email (to the email address registered with the Client) when any changes are posted. By using the Service after any changes have been posted, you agree to the new terms. If Syft makes any significant changes to these SyftForce Guidelines, it will notify End Users by email (to the email address registered with the Client) in advance.
1. Definitions and Interpretation
1.1. The following definitions and rules of interpretation apply in these SyftForce Guidelines:
“Account” means the SyftForce account you open when you register to become a Worker and use the SyftForce Service;
“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, Syft or Syft’s Group Companies for the time being confidential to the Client, Syft or Syft’s Group Companies and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or Syft or Syft’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 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 Worker via the Service to provide Worker 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;
“Shift” means one or more recurring periods in which a Worker provides services in relation to a single Engagement;
“Worker” means an individual who performs activities during the course of any Engagement; and “Worker” means a User that is registered for a SyftForce Account.
In these SyftForce Guidelines headings (including any sections and subsections) are for convenience only and do not affect interpretation. References to “you” are a reference to a Worker.
2. User Accounts
2.1. Workers are required to create an Account in order to use the Service provided on behalf of the Client. By joining, a Worker confirms that they are aged 18 or over and are legally capable of entering into binding contracts. The Client will provide you with login credentials and on-boarding information.
2.2. All Worker Accounts are associated with individuals. All Workers are responsible for their Accounts, including making sure that all Worker details are correct and kept up-to-date and for ensuring that their password is secure. If a Worker 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 Worker’s Account has been compromised, we may suspend that account and will contact the End User to try and resolve the problem.
2.3. If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or in the first instance contact the Client Staffing Team or alternatively contact firstname.lastname@example.org stating you are a SyftForce User and name of the Client that provided you with access.
3. Content on our Service
3.1. Syft 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 the SyftForce Service and any content on it is owned by Syft or licensed to Syft by third parties. Syft by extension the SyftForce 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 and Conditions, 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 Workers to submit applications for 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 Syft nor the Client 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 Syft and the Client the rights contain in these SyftForce 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 that are required to enable us to use your Content as contemplated by these SyftForce Guidelines.
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 End User 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 SyftForce Guidelines.
5.2. Syft may suspend, restrict or terminate your Account and/or your access to the Service in agreement with the Client if we believe that you have breached these SyftForce Guidelines. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6. Terms of Assignments
6.1. Syft does not review, approve, recommend or verify any of the credentials, licences or statements in relation to Assignments posted by the Client on its Services. Syft shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by the Client.
6.2. In respect of each Engagement, the Worker shall be engaged by the Client under a contract for services. A Worker acts for and under the control of the Client for the duration of each Engagement. Syft and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Workers or the Client.
6.3. At the time when an Assignment is available for a Worker to view, Syft on behalf of the Client shall provide the Worker with the following information:
(a) the date on which the Client requires the Worker 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 Worker would be required to do, the location at which, and the hours during which, the Worker 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 rate at which the Worker would be paid by the Client;
(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 Worker to possess in order to work the Assignment; and
(e) any expenses payable by or to the End User as deemed appropriate by the Client.
7. Accepting Engagements
7.1.Worker’s, are not obliged to apply for any Assignments and, upon applying for an Assignment, are not obliged to accept any subsequent Engagement. Similarly, the Client is not obliged to make any Assignments available to you or offer you Engagements. Unless stated within the Client’s terms of engagement, please refer to the Client’s Terms, 7.2. Upon being engaged via the Service to perform an Engagement, the Worker may, at any time prior to the commencement of such Engagement (or the first Shift of the same) cancel the Engagement. Unless stated within the Client’s terms of engagement, please refer to the Client’s Terms.
8. Performing Engagements
8.1. Upon accepting an Engagement, you confirm that:
(a) you expect to be able to carry out the necessary duties and responsibilities of the Engagement;
(b) 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;
(c) 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;
(d) you will abide by the Client’s uniform and conduct rules (if any);
(e) 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;
(f) 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;
(g) you will not engage in any misconduct or behaviour which is detrimental to the interests of the Client. This includes any actions that could bring the Client into disrepute and/or which could result in loss of business for either party.
8.2. You will be required to perform the Engagement or Shifts at the location specified in the applicable Assignment or at such other location as the Client may notify to you. Your, travelling expenses will not be reimbursed unless otherwise specified in the Assignment or agreed with the Client in writing.
8.3. 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 Client induction. If there are two or more complaints regarding your appearance, the Client reserves the right to suspend your use of the Services and to require you to attend another induction session.
8.4. 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 the Client without delay.
8.5. You agree that Client may call or text you to facilitate the performance of any of your Engagements.
9. Food Hygiene
9.1. The Client is committed to the highest standard of health and hygiene. You will immediately notify them 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.
10.1. The following behaviour will be regarded as misconduct which could entitle the Client to ask you to leave the Shift/Engagement under the following circumstances.
(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.
(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.
10.2. 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 Syft on behalf of the Client reserves the right to terminate this contract and prevent you from using the Services.
11.1. You will be paid in accordance with the terms as agreed between you and the Client, please refer to the Client’s Terms of engagement.
11.2. 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.
12.1. For each Shift and/or Engagement, the Client requires you to submit timesheets. This is to ensure that the Client 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 SyftForce 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.
12.2. If the Client is unable to scan your QR Code or refuses to do so at the beginning of your Shift, you must contact the Client staffing team.
12.3. In the event that you disagree with a timesheet, please contact the Client staffing team contact.
13.1. The Client takes punctuality for Engagements very seriously. You must arrive for Shifts at least 15 minutes before your Shift is due to start and report to a manager/supervisor. If you are going to be late for a Shift, please Contact the Client Staffing Team.
14. Feedback and ratings
14.1. 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 the Client and that these ratings and reviews will be used by the Client to display on your profile. Syft nor the Client is not legally responsible for any rating or review posted on its services.
14.2. Syft and the Client uses ratings of services provided at its discretion to decide whether to allow you to maintain access to the platform.
15. Your rights
15.1. All rights listed in 15 are between the Worker and the Client.
15.2. 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.
15.3. 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. The Client cannot guarantee that provide food, drink or other refreshments will be provided, so you are advised to take your own.
15.4. 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 the Client not less than three months’ prior notice in writing that you wish to withdraw your agreement and for the limit to apply to you.
15.5. Provided you meet the relevant eligibility criteria, you may be entitled to Statutory Sick Pay.
15.6. If you are a Qualifying Worker, you may be entitled to benefit from certain other working conditions for the duration of the applicable Engagement.
15.7. Provided you meet the relevant eligibility criteria, you may be entitled to receive statutory maternity, paternity, adoption or shared parental pay from the Client. 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.
16.1. If you do not contact the Client or use the online platform for more than six months Syft on behalf of the Client will be entitled to remove your profile from the Services and archive your profile on the SyftForce online platform.
16.2. No notice is required from you or Syft on behalf of the Client to terminate this agreement and subsequent access to the Syftforce platform.
17.1. In order to protect the confidentiality and trade secrets of Syft and the Client 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 Syft or the Client except when required to do so in the course of an Engagement, in which circumstances such copy abstract or summary would belong to the Syft or the Client.
17.2. You agree to deliver up to the Client 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.
17.3. You must also keep confidential details concerning the presence and conduct of any persons attending an event.
17.4. 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.
18. Data Protection
18.1. During the term of this contract, it will be necessary for Syft and the Client to retain personal data and other information about you. You consent to the Client and Syft 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 subsequent GDPR legislation, the Client and Syft recognises the importance of respecting the personal privacy of all Workers.
18.2. You also consent to the Client making such information available to Syft, Syft’s Group Companies, those who provide products or services to Syft (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Syft or Syft’s Group Companies or any part of its business.
18.3. You consent to the transfer of such information outside the European Economic Area for purposes connected with the performance of these SyftForce Guidelines.
19. Personal Possessions
19.1. Neither the Client nor Syft 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 the Client has the right to ask to search your bags on their premises.
20.1. If you have accepted an Engagement which requires security clearance the Client reserves the right to pass on necessary details to the relevant authorities. By using the Services, you agree to provide a photograph of yourself that may be used for security clearance purposes.
21.1. 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 the Client website and used in other marketing materials which may be produced by the Client.
22. Equal Opportunities
22.1. It is the Client’s policy to ensure that no Worker 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, the Client reserves the right to terminate this Contract.
23. Immigration and Asylum Act
23.1. The Client 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 the Client, of your entitlement to work in the UK. You shall notify the Client immediately if you cease to be entitled to work in the UK. You must cooperate with any checks that the Client 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.
24.1. Nothing in these SyftForce Guidelines limits or excludes the Client’s liability for: (i) death or personal injury by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
24.2. To the extent permitted by law, Syft and the Client exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
24.3. Syft nor the Client 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 SyftForce 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).
24.4. Workers engaged via the Service perform the Engagements under the direction and control of the Client. Syft via SyftForce provides matchmaking and platform services only and you agree that Syft has no responsibility for any other aspect of service delivery or interaction between Workers and Clients.
25.1. As a Worker you hereby acknowledge and agree to indemnify and keep indemnified the Client, Syft, each of Syft’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 SyftForce Guidelines, or their infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.
25.2. The Client can apply any funds owed to you against any liabilities you owe to the Client or loss suffered by the Client as a result of your non-performance or breach of these SyftForce Guidelines.
26. Dispute between Workers and the Client
26.1. 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 the Client Staffing Team before taking any action.
27. Other Important Terms
27.2. If any provision or part-provision of these SyftForce 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 SyftForce Guidelines.
27.3. Nothing in these SyftForce Guidelines is intended to, or shall be deemed to, establish any partnership or joint venture between the Client, Syft and any Workers, constitute either the Client, Syft or any Worker the agent of the other, or authorise either the Client, Syft or any Worker to make or enter into any commitments for or on behalf of the other.
27.4. This contract is between you and Syft and outlines the relationship between you the Worker and the Client. Save for Syft’s Group Companies and the officers, directors, agents and employees of Syft 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.
27.5. 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.
27.6. If Syft delays exercising or fail to exercise or enforce any right available to it under these SyftForce Guidelines, such delay or failure does not constitute a waiver of that right or any other rights under these SyftForce Guidelines.
27.7. Syft may suspend, withdraw, discontinue or change all or any part of the Service without notice.
27.8. These SyftForce Guidelines, together with any documentation referenced within them, constitute the entirety of the agreement between you, and Syft.
27.9. Any notice or other communication given to a party under or in connection with these SyftForce Guidelines shall be in writing and shall be (i) delivered by hand or by pre-paid firstclass 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 End User’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).
27.10. These SyftForce Guidelines, and any contract between you, Syft, 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.
28. Contacting Syft
28.1. Syft’s office is located at 53 Parker Street, London, WC2B 5PT. The office is open Monday and Friday from 9.30 AM – 6:00 PM by appointment only. Please feel free to contact us by email on email@example.com.