YouWrk Terms of Service (Job Seekers)

1. Interpretation

1.1 The following definitions and rules of interpretation in this clause apply in this Contract

Agreed Hourly Rate: the payment by the Organisation to the Worker for the completion of the Assignment.
Assignment: the work opportunity as advertised by the Organisation on the Platform, including but not limited to details of hours, services, the Agreed Fee and skills required.
Losses: means all losses, liabilities, damages, costs, expenses (including legal fees), disbursements, costs of investigation, litigation, settlement, judgment, interest and penalties whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
Organisation: the individual, firm or corporate entity engaging the Worker on the terms as set out and advertised in the Assignment on the Platform.
Platform: ‘YouWrk’, the web based platform designed to connect organisations with Workers for temporary, short term work and full time opportunities, accessed via the URL: www.youwrk.co.uk.
Worker: means You, the individual accessing the Platform and completing the Assignments.
YouWrk: YouWrk Ltd, a company registered and incorporated in England and Wales with company number 11768443 whose registered office is at Ground Floor, 6 Queen Street, Leeds, England, LS1 2TW, also referred to as ‘us’, ‘our’ and ‘we’.

2. Our contract with you

2.1 Our contract.: By clicking the accept button you agree to these terms and conditions (Terms) which will bind you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement.: This agreement (Contract) is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. The Platform

We will provide the Platform to you for the purpose of viewing and applying for Assignments, contacting Organisations and your progress on any Assignments. Our obligation is to provide the Platform to you and the Organisations. We accept no liability in relation to any content published on the Platform or its accuracy and any reliance that you may place on it is at your own risk.

4. Worker obligations

4.1 It is your responsibility to ensure that:

4.1.1 all information which is provided to us and the Organisation is up to date and accurate;

4.1.2 you co-operate with us in all matters relating to the provision of the Platform;

4.1.3 you provide us with such information and materials we may reasonably require in order to supply the Platform, and as may reasonably be required for each Assignment;

4.1.4 you have the right to work in the UK and copies of all reasonable documents evidencing your right to work in the UK will be produced by you when reasonably required;

4.1.5 you perform the Assignment for the days and hours as set out in the Assignment as advertised on the Platform;

4.1.6 you will comply with all health and safety, site security obligations, policies, procedures and protocols of the Organisation as reasonably notified to you by the Organisation;

4.1.7 you have read and understand any conditions linked to each specific Assignment, as stipulated by the Organisation;

4.1.8 you are responsible for all travel costs to and from each Assignment;

4.1.9 you do not engage in any conduct detrimental to us or the Organisation; and

4.1.10 you shall not be engaged by the Organisation directly.

4.2 any failure by you to fulfil any obligation listed in clause 4.1 (Your Default) will entitle us to the following:

4.2.1 we will be entitled to suspend performance and / or your use of the Platform until you remedy Your Default;

4.2.2 we will not be responsible for any costs or Losses you sustain or incur arising directly or indirectly from your suspension of the use of the Platform; and

4.2.3 it will be your responsibility to reimburse us on written demand for any costs or Losses we sustain or incur arising directly or indirectly from Your Default.

5. Identity of Worker

5.1 Prior to being granted access to the Platform, you must provide to us such reasonable documentation as we require to enable us to verify your identity.

5.2 You warrant to us that all documentation provided is true, accurate and up to date.

6. Payment

6.1 Payment for the successful completion of the Assignment will be made by the Organisation to you, calculated based on the Pre-Agreed Hourly Rate.

6.2 The payment of the Pre-Agreed Hourly Rate will be made using Stripe Connect, an online payment platform. Stripe will provide this service as in accordance with their terms and conditions which can be found at https://stripe.com/payment-terms/legal.

6.3 The Organisation must confirm successful completion of the Assignment on the Platform within 12 hours of the successful completion of the Assignment.

6.4 Stripe will release the Agreed Hourly Rate to you within 10 days of the Organisation’s confirmation of the Assignment’s successful completion in accordance with clause 6.3.

6.5 You acknowledge that the YouWrk Fee is paid by the Organisation to YouWrk for the use of the Platform. For the avoidance of doubt, the YouWrk Fee is paid to YouWrk in addition to and not deducted from the Agreed Hourly Rate which is paid to you by the organisation.

6.6 The Agreed Hourly Rate is the hourly rate quoted on the Platform at the time you accept the Assignment. The Hourly Rate may be varied following acceptance of the Assignment as agreed between the Organisation and you the Worker.

7. Complaints

If a problem arises or you are dissatisfied with any aspect of the Platform, please contact us by emailing hello@localhost or calling 02045306929.

8. Intellectual property rights

All intellectual property rights in or arising out of or in connection with the Platform will be owned by us.

9. Data Protection

During the course of providing the Platform to you and for as long as is necessary at the end of the Contract, we shall need to obtain and keep certain information about you. We will comply with our obligations as a data controller under data protection legislation in collecting, storing, sharing, processing and deleting your personal information. For full details, please see our privacy policy.

10. Platform content

10.1 By agreeing to these Terms, you agree to be bound by their contents. You may not use the Platform to share any content that may:

10.1.1 breach these Terms;

10.1.2 be found to be unlawful, untrue, inaccurate, misleading, discriminatory or fraudulent; and

10.1.3 be offensive in any way.

10.2 We reserve the right to remove any content from the Platform that breaches any of the terms listed in clause 10.1.

11. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

11.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

11.1.1 death or personal injury caused by negligence; and

11.1.2 fraud or fraudulent misrepresentation.

11.2 We shall not be liable for any Losses or delay arising whatsoever caused by any Organisation or other users of the Platform.

11.3 You will be engaged by and working with the Organisation on each Assignment. Any Losses that arise during the course of the Assignment whilst under the supervision of the Organisation will be the responsibility of the Organisation.

11.4 Subject to clause 11.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total Service Charges paid to us by Organisations in the preceding twelve (12) months (calculated from the date on which such liability arose) which exclusively relate to Assignments successfully completed by you.

11.5 This clause 11 will survive termination of the Contract.

12. Confidentiality

12.1 You undertake that you will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning our business affairs, customers, clients or suppliers, except as permitted by us expressly in writing.

12.2 You may only use our confidential information for the purpose of fulfilling your respective obligations under the Contract.

13. Termination

13.1 Without limiting any of our other rights, we may suspend the provision of the Platform, or terminate the Contract with immediate effect by giving written notice to you if:

13.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;

13.1.2 it is raised to our attention that you no longer have the right to work within the UK.

13.2 In any event, either party may terminate this contract upon giving 30 days written notice to the other party.

13.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

13.5 Following termination of the Contract, you will no longer have access to messages, data, information or any content previously accessible to you via the Platform.

14. General

14.1 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

14.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

14.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

14.5 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.