Terms & Conditions

SWIFT SHIFT TERMS OF BUSINESS
These Terms of Business (hereinafter referred to as "Terms") govern the relationship between Swift Shift (hereinafter referred to as "the Company") and the Client (hereinafter referred to as "the Client") for the provision of freelance or temporary staff (hereinafter referred to as "Workers"). By requesting and utilizing staff through Swift Shift, the Client agrees to abide by the following Terms:
1. Non-Solicitation of Workers
1.1 The Client agrees that any Worker supplied by Swift Shift is not to be approached or solicited for direct employment or work outside of the agreed terms without prior consultation with Swift Shift.
1.2 In the event that the Client wishes to hire a Worker placed by Swift Shift on a permanent basis, the Client must notify Swift Shift in writing. Any such engagement must be negotiated through Swift Shift.
1.3 The Client shall not circumvent Swift Shift by directly offering employment to any Workers supplied by the Company without express written consent from Swift Shift. Failure to comply with this clause will result in applicable fees, as outlined in Clause 2 below.


2. Release Fee for Permanent Hiring
2.1 If the Client hires any Worker who has been supplied by Swift Shift, either during the term of their engagement or within six (6) months following the end of their assignment, the Client will be liable to pay a release fee to Swift Shift.
2.2 The release fee will be 5% of the Worker’s agreed annual salary if they are hired for a permanent position.
2.3 The release fee is payable within thirty (30) days of the Worker’s commencement of employment with the Client.
2.4 If the Client fails to inform Swift Shift of the permanent hire of a Worker, Swift Shift reserves the right to invoice the Client for the release fee, which will become immediately payable.
2.5 In the event that the Client hires a Worker without informing or seeking the approval of Swift Shift, and it is discovered that such hiring occurred within six (6) months of the Worker’s last assignment date, the Client will be liable to pay a fine of 7.5% of the Worker’s annual salary. If 7.5% of the Worker’s annual salary is less than £1,000, a minimum charge of £1,000 will be imposed.

3. Payment Terms
3.1. Invoice Payment:
• All invoices are due for payment within thirty (30) days of the invoice date unless otherwise agreed in writing.
• For any invoices that remain unpaid for more than thirty (30) days, an interest charge of £10.00 per week will be applied until the outstanding amount is settled in full.
3.2. Worker Payment:
The Client agrees to pay the Workers directly for the services provided to the Client.
The Client is responsible for paying the placement fees, which must be paid directly to Swift Shift in accordance with the agreed payment terms.
3.3. Currency of Payment:
If the Client is based in the Republic of Ireland or within the European Union (EU), payments may be made either in sterling (GBP) or the equivalent in euros (EUR) at the applicable exchange rate at the time of payment.


4. Rebooking of Workers
4.1. Approval Requirement:
If the Client wishes to rebook Workers for additional shifts beyond the initial engagement, they are required to inform Swift Shift of the intended date and time of the additional shifts.
This information must be submitted for approval before the rebooking is confirmed.
Failure to notify Swift Shift of rebookings may result in the Client being liable for additional fees.


5. Additional Terms & Conditions
5.1 By using the services provided by Swift Shift, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use our services.
5.2 Access to Swift Shift's job posting platform and the database of experienced hospitality staff requires a monthly subscription fee of £49.99 or annual subscription of £499.99. This fee is subject to change upon notice.


5.3 The charges for hiring workers through Swift Shift with subscription are as follows:
• £25 per chef for each shift.
• £15 for any other hospitality worker for each shift.
5.4 The charges for hiring workers through Swift Shift without a subscription are as follows:
• £30 per chef for each shift.
• £20 for any other hospitality worker for each shift.
5.5 If you cancel a shift within 48 hours of the scheduled start time, you are still required to pay the full shift payment, and no refunds will be provided.
5.6 In the event that Swift Shift is unable to fulfil a shift you have requested, your payment for that shift will be fully refunded.
5.7 If you require more than one worker for a single shift, the shift charge payment applies per worker, not per shift.
5.8 Freelancer Status:  
• Swift Shift does not employ any of the Workers available through its platform. Workers are hired on a freelance basis.
• Workers are responsible for declaring their earnings and ensuring that they comply with all relevant tax laws and regulations. Swift Shift does not provide tax advice.
• Workers engaged through Swift Shift are not entitled to holiday pay or any other employment benefits, as they are considered freelancers.
5.9 Permanent Hiring:  
You have the option to hire freelancers on a permanent basis through Swift Shift. In this case, you must pay Swift Shift a fee of 5% of the freelancer's overall annual salary for connecting your business with the worker.
This release fee is payable within thirty (30) days of the Worker’s commencement of employment with the Client.
5.10 If you initially hire a worker for a temporary shift and later decide to employ them on a permanent basis, the 5% fee for permanent hiring as mentioned in Section 2 still applies.
5.11 If a freelancer decides to leave Swift Shift's agency, they are prohibited from working for any businesses or clients that are associated with Swift Shift for a minimum period of 6 months.

5.12 Compliance with UK and EU Laws:  
• Swift Shift operates in accordance with applicable laws and regulations in the United Kingdom and the European Union, including but not limited to data protection, employment, and taxation laws.
• Swift Shift reserves the right to amend these terms and conditions to ensure compliance with evolving legal requirements.
5.13 Swift Shift reserves the right to terminate or suspend your access to its services at its discretion, without notice, for any violation of these terms and conditions.
5.14 If you have any questions or concerns about these terms and conditions, please contact us at swiftshiftni@hotmail.com.
5.15 By using Swift Shift's services, you acknowledge that you have read, understood, and agreed to these terms and conditions. These terms and conditions may be updated from time to time, and it is your responsibility to review them periodically for any changes. Your continued use of our services after any modifications shall constitute your acceptance of the updated terms and conditions.


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