TERMS AND CONDITIONS OF USE OF OUR WEBSITE
This is our terms and conditions page. We suggest that you read and understand what we’ve written as it sets out what you can expect from us when you use this Site and vice versa.
By entering our Site you are accepting these terms and conditions.
We do change these terms and conditions from time to time and so you must always visit this page to see what changes we’ve made each time you visit us – we’ll assume that you have.
AGREEMENT – These terms and conditions are meant to form the basis of the relationship between us and both you and we agree to be bound by what they say.
DEFINITIONS – The following words have the following meanings:
|We, Us, Our
||Short On Staff Limited Company Reg No 09706620 a company registered in England and Wales whose registered office is at Hazard Cottage, East Bracklesham Drive, Bracklesham Bay, West Sussex, PO20 8JH|
|Fee Scale||means the fee scale we publish on the Site from time to time|
|You, Your||means a visitor to the Site.|
|Account||means the account you create with us if you register with the Site.|
THE NATURE OF THESE TERMS AND CONDITIONS
These terms and conditions regulate the relationship between you and us and deal with the services we provide through the Site. You acknowledge and agree the following:
- We make no warranty that you will find employment by using the Site.
- We make no warranty that you will be able to find applicants by using the Site.
- We are not a party to the contract between Employer and Applicant and have no liability in any respect to see that any of the terms of that contract are fulfilled.
REGISTERING AS AN APPLICANT
- You warrant that all and any information you provide in relation to any qualifications you may hold is true and accurate in all respects and that where appropriate all qualifications you hold have not expired or ceased to apply to you.
- You will be available to and will attend any Function for which you are booked at the venue in which it is held and at the time you agree.
- You will offer your services to the highest possible standard and comply with all reasonable requests from your Employer.
- You warrant that you have the right to work within the United Kingdom.
REGISTERING AS AN EMPLOYER
- You warrant that the Engagement you are offering exists.
- You warrant that you will verify that the Applicant has the right to work within the United Kingdom.
- You warrant that you will provide the Applicant with a safe system of work, regular breaks, reasonable working conditions and that you will comply, in all respects, with all legislation which governs the employment of the Applicant for the Function.
Our fees are payable on the placing of any advertisement, are not refundable if no Applicant is found and are as follows:
- Our fees will be charged in accordance with the Fee Scale and we make no charge to Applicants. If an Employer is entitled to a refund of any part of the monies it has paid into Escrow we will deduct a fee of 10% of the amount of that refund or £10 (whichever is the higher) to cover the costs and expenses associated with providing that refund.
- If we make any introductory or special fee offers at any time such offers will be limited in time and must be used in the period of three months from which you register for them. At the end of that period, if you wish to continue to list an Engagement with us the fees we publish on the Site from time to time will apply.
- Upon accepting the Applicant for the Engagement the Employer will deposit a sum equivalent to the amount mentioned in the Offer with us to be held in Escrow at the same time he accepts the Offer of the Applicant.
- As soon as the Function is complete, the Applicant may invoice the Employer for the sum mentioned in the Offer.
- The Employer may deduct a reasonable amount to reflect any late arrival or early departure of the Applicant, poor service or any other shortfall in the services offered by the Applicant. If the Employer and Applicant do not agree on the amount of such deduction then the Dispute Resolution procedure mentioned below will apply.
- If the Employer agrees to pay the Invoice of the Applicant it will mark the Invoice accordingly on the Site and we will make payment to the Applicant from the Escrow.
- If the Employer has not marked the Invoice as agreed within 10 days of the completion of the Engagement then the Applicant may apply to us to release payment of all of the monies held by us in Escrow in relation to the Engagement.
REFUNDS AND CANCELLATIONS
If you are an Employer, you agree that when you have accepted an Offer, it is binding upon you and that unless the Applicant fails to fulfil the Engagement or does not fulfil the Engagement in a satisfactory manner you will have no right to a refund of any monies paid into Escrow and that we may release such monies to the Applicant.
Our responsibilities are defined in these terms and conditions and we are not able to resolve any disputes between Clients and Applicants
YOUR PROMISES TO US
You agree that:
- You have the right to make this Agreement with us and that you are over the age of 18 years.
- You will have only one Account with us.
- Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name and that we have the right to insist that you change a username if we think it breaks this term.
- You won’t use robots, spiders, scrapers or similar things on the Site.
- You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
- You won’t do anything that might cause our systems to crash.
- You won’t steal the Site or any part of it for use in any other site or application.
- You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers.
- You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
- Either we or our business partners or affiliates own all of the information and intellectual property on the Site.
- You don’t have the right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.
If you want to benefit from the Site you must create an Account which will contain certain personal details. When you create an Account you promise that:
- All information you submit is accurate and truthful.
- You will keep this information accurate and up-to-date.
- You will not share your Account with anyone else.
- You will keep your Account details confidential.
- You will not give your username or password to anyone else.
- You must log off when you exit the Account – if you leave it open then other people may be able to use it.
We have the right to suspend or cancel your Account at any time if we think that you have broken any of these terms and conditions or your Account hasn’t been used for a long time.
When using any forums or review facilities we may put up on the Site you agree to abide by the following rules:
- You must not use obscene or vulgar language.
- Nothing you submit can be unlawful or otherwise objectionable and you must not use the Site to publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
- Nothing you submit may be designed to promote violence.
- All your posts must be in English.
- You must not post links to other sites that may break these rules.
- You can’t use any forum to advertise – but if you have a business we don’t mind you mentioning its name.
- You must not impersonate anyone else.
- You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
- We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
- When you submit a post you are warranting that you are the author of that post and that you own or have the right to use all the intellectual property rights associated with it and you agree that we may use your post for any reason, in whole or in part and in any manner we choose without paying you, telling you or acknowledging you as the owner.
- When viewing posts you accept that we are not the author and that any views expressed do not necessarily represent our views.
- If you see a post which you find objectionable tell us as soon as you can and we will consider whether or not it should be removed.
PRIVACY & COOKIES
- We can’t promise that the Site will meet your needs, that it will work properly, that it will be fit for a particular purpose or that it will not infringe the rights of others.
- We can’t promise that the Site will work with all systems, that it will be secure and that all information provided will be accurate.
- We don’t give advice on the Site and you must not rely on what we say when you make any decisions.
- We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site, we cannot be held responsible for any loss.
- If you link to any other site by using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
AVAILABILITY OF THE SITE
- We do not guarantee that the Site will be available all the time and if it is not available for any reason you can’t hold us responsible for anything you lose as a result.
- We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk but nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
LINKS TO OTHER WEBSITES
- We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
- Just because we link to a site does not mean that we endorse or recommend that site.
- We can never guarantee that a link will work.
- If you find any link we offer to be offensive, please let us know and we will consider removing it.
MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
- We’ve already said this but we need to make it clear that these terms and conditions will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the terms and conditions. Whenever you access the Site, you are confirming to us that you are aware of any changes.
- We also have the right to change the Site as and when we want to but these terms and conditions will still apply to any changes we make.
- Operative Law – these terms and conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
- Partnership/Joint Ventures – we and you agree that these terms and conditions do not form the basis of any partnership or co-venture.
- Effect of these Terms and Conditions – these terms and conditions supersede any previous terms and conditions between us in relation to the matters dealt with in them and represent the entire understanding between us.
- Time of the Essence – time will not be of the essence in any part of the agreement between us.
- Warranties – all parties acknowledge and agree that they have not entered into this agreement in reliance on anything said or promised by the other which is not in these terms and conditions.
- Unenforceability – if a Court or other body says that any part of these terms and conditions is unenforceable, the rest of them will stand.
- Notices – if either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
- Entire Agreement – these terms and conditions contain the entire understanding between us.
In these terms and conditions the following words have the following meanings:
- Applicant – means the individual agreed to be employed by the Employer for the Engagement.
- Employer – means the entity advertising employment opportunities through the Site.
- Engagement – means all and any employment opportunity offered to the Applicant by the Employer through the medium of the Site.
- Escrow – means a bank account we operate in which all monies paid to us by Employers are deposited.
- Function – means the event for which the Engagement is intended.
- Invoice – means the invoice submitted by the Applicant to the Employer detailing the cost of the services provided by the Applicant to the Employer.
- Offer – means the offer by a potential Applicant to undertake an Engagement.