Terms of Service

Last Updated: January 15, 2025 | Effective Date: January 1, 2025

Important Legal Agreement

These Terms of Service constitute a legally binding agreement between you and OvertimeStaff Platform Limited. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

1. Agreement to Terms

1.1 Acceptance of Terms. By accessing, downloading, installing, or using the OvertimeStaff platform ("Platform"), mobile applications, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

1.2 Eligibility. You must be at least 18 years of age and have the legal capacity to enter into binding contracts in your jurisdiction. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.3 Modification of Terms. We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Continued use of the Services after changes constitute acceptance of the modified Terms.

2. Service Description

2.1 Platform Services. OvertimeStaff provides a technology platform that connects staffing agencies, businesses requiring temporary staff ("Companies"), and individual workers ("Staff") for shift-based employment opportunities in the hospitality, events, and related industries.

2.2 Role-Based Access. The Platform provides different interfaces and features based on user roles:

  • Staff Members: Browse available shifts, manage schedules, track earnings, exchange shifts
  • Companies: Post shift requirements, manage workforce, process payments, access analytics
  • Agencies: Manage staff pools, handle assignments, process commissions, maintain rosters
  • Administrators: Platform oversight, compliance monitoring, dispute resolution

2.3 No Employment Relationship. OvertimeStaff is not an employer, staffing agency, or labor contractor. We provide technology services only. Employment relationships exist solely between the relevant parties (Staff and Companies/Agencies).

3. User Accounts and Registration

3.1 Account Creation. To access certain features, you must create an account providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Identity Verification. We may require identity verification including but not limited to:

  • Government-issued identification
  • Proof of right to work
  • Professional certifications and licenses
  • Background checks (where legally permitted)
  • Business registration documents (for Companies/Agencies)

3.3 Account Security. You must immediately notify us of any unauthorized use of your account. We implement industry-standard security measures but cannot guarantee absolute security. You are responsible for all activities under your account.

4. Fees and Payment Terms

4.1 Platform Fees. Our fee structure varies by user type and transaction:

  • Transaction Fees: 2.5-5% of shift value (varies by volume and agreement)
  • Subscription Plans: Monthly/annual plans for enhanced features
  • Premium Services: AI matching, priority support, custom integrations
  • Payment Processing: Standard payment processor fees apply

4.2 Payment Processing. All payments are processed through our secure payment partners. Funds are held in escrow until shift completion and verification. Standard processing times are 2-3 business days.

4.3 Refunds and Disputes. Refund requests must be submitted within 7 days of the transaction. Disputes are handled through our resolution center with binding arbitration as the final recourse.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • To violate any applicable laws or regulations
  • To discriminate based on protected characteristics
  • To harass, abuse, or harm other users
  • To create false or misleading profiles
  • To circumvent platform fees
  • To scrape or harvest user data
  • To interfere with platform operations
  • To engage in fraudulent activities

5.2 Strike System. Violations result in strikes against your account:

  • First Strike: Warning and temporary restriction
  • Second Strike: 7-day suspension
  • Third Strike: 30-day suspension
  • Fourth Strike: Permanent account termination

6. Intellectual Property Rights

6.1 Platform Content. All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of OvertimeStaff or its licensors.

6.2 User Content. You retain ownership of content you submit but grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Services.

6.3 Feedback. Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

7. Privacy and Data Protection

7.1 Data Processing. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with GDPR, CCPA, and other applicable data protection regulations.

7.2 Data Security. We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and accidental loss, destruction, or damage.

7.3 Third-Party Services. We may share data with third-party service providers who assist in operating our platform. These parties are bound by confidentiality agreements and data processing agreements.

8. Disclaimers and Limitations of Liability

8.1 Service Availability. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

8.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERTIMESTAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

8.3 Maximum Liability. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) £100.

9. Indemnification

You agree to indemnify, defend, and hold harmless OvertimeStaff, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys\' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws
  • Any content you submit to the platform

10. Termination

10.1 Termination by You. You may terminate your account at any time through account settings. Termination does not relieve you of obligations incurred prior to termination.

10.2 Termination by Us. We may suspend or terminate your account immediately for:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Extended period of inactivity
  • Request by law enforcement
  • Technical or security issues

10.3 Effect of Termination. Upon termination, your right to use the Services ceases immediately. We may retain certain information as required by law or for legitimate business purposes.

11. Dispute Resolution

11.1 Informal Resolution. Most disputes can be resolved informally. Contact us at legal@overtimestaff.com to attempt resolution before formal proceedings.

11.2 Binding Arbitration. If informal resolution fails, disputes shall be resolved through binding arbitration under the rules of the London Court of International Arbitration (LCIA), except where prohibited by law.

11.3 Class Action Waiver. You agree to resolve disputes individually and waive the right to participate in class actions, class arbitrations, or representative actions.

12. Governing Law

12.1 Applicable Law. These Terms are governed by the laws of England and Wales, without regard to conflict of law provisions.

12.2 Jurisdiction. Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the courts of England and Wales for any legal proceedings.

12.3 International Use. We make no representation that the Services are appropriate or available for use in all locations. Access from territories where the Services are illegal is prohibited.

13. Miscellaneous

13.1 Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and OvertimeStaff.

13.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

13.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure. We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

14. Contact Information

For questions about these Terms of Service, please contact us at:

OvertimeStaff Platform Limited

Legal Department

123 Tech Hub, Innovation District

London, EC2A 4XX

United Kingdom

Email: legal@overtimestaff.com

Phone: +44 20 7123 4567

Company Registration: 12345678

Acknowledgment and Acceptance

By using OvertimeStaff Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Document Version: 2.0.0 | Last Review: January 15, 2025 | Next Review: July 2025

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