- 1. Interpretation
- 1.1 The following definitions and rules of interpretation in this clause apply in this Contract
- Agreed Fee
- the payment by the Organisation to YouWrk for the completion of the Assignment.
- the work opportunity as advertised by the Organisation on the Platform, including but not limited to details of hours, services, the hourly rate and skills required.
- 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.
- means you, the individual, firm or corporate entity engaging the Worker on the terms as set out and advertised in the Assignment on the Platform. Also referred to as ‘you’.
- ‘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.
- YouWrk charges a fee depending on the service you’re looking for. Its free to post a job on the platform but to request YouWrk connect please get in touch with one of our recruiters through the website.
- means the individual Worker accessing the Platform and completing the Assignments.
- 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
3.1 We will provide the Platform to you for the purpose of listing and advertising Assignments, contacting Workers and monitoring Worker profiles and the progress of any Assignments. Our obligation is to provide the Platform to you and the Workers. 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.
3.2 The Platform can be used to view Worker profiles, Assignment progress and to facilitate contact between the you and the Worker.
3.3 When advertising an Assignment on the Platform, you must include details of the Agreed Fee, hours, time, date, location, uniform (including whether such uniform will be provided by you) and skills required for the successful completion of the Assignment.
3.4 All amendments to each Assignment (if any) should be documented and communicated through the Platform to the Worker.
3.5 No amendments to the scope of an Assignment should be made on the Platform after you have accepted a Workers offer to complete the Assignment.
3.6 Any extension to the Workers hours as part of each Assignment is a matter for agreement between the Worker and you and must be processed through the Platform.
3.7 You may terminate the Assignment if you reasonably believe that the work completed by the Worker is unsatisfactory and not to a reasonable standard. Any decision to terminate an Assignment must be documented by you.
3.8 We may develop and update the Platform where necessary to increase functionality. This may result in periodic down time to allow for updates and maintenance. Any downtime in the Platform will be communicated to you in advance of any updates.
3.9 We shall not be liable to you for any Losses caused by any updates, maintenance, glitches or errors of the Platform.
3.10 We may suspend your access to the Platform in the event of any breach by you of this Contract.
- 4. Organisation obligations
- 4.1 It is your responsibility to ensure that:
4.2 any failure by you to fulfil any obligation listed in clause 4.1 (Your Default) will entitle us to the following:
4.1.1 all information which is provided to us 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 be reasonably required for each Assignment;
4.1.4 in using the Platform, and engaging each Worker, you shall comply with all applicable laws, statutes, and regulations from time to time in force;
4.1.5 you maintain and have appropriate insurance in place at all times to cover any claims arising out of actions of the Worker and any third party claims against either us or you relating to the Assignment;
4.1.6 you do not engage in any conduct detrimental to us; and
4.1.7 you shall not form a working relationship directly with the Worker. All contact and engagement must be conducted through the Platform.
4.3 Please note, any breach of clause 4.1.7 will entitle us to recover from you one hundred per cent (100%) of the Agreed Fee we would have been entitled to receive under this Contract in relation to each work opportunity carried out by a Worker for you in breach of clause 4.1.7. By agreeing to these Terms you acknowledge and agree that this represents a genuine pre-estimate of our Losses for any breach by you of clause 4.1.7.
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. Payment
5.1 The payment of the Agreed Fee 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.
5.2 You must confirm successful completion of the Assignment on the Platform within 12 hours of the successful completion of the Assignment.
5.3 You must pay the Agreed Fee to us for the use of the Platform upon the completion of each Assignment.
5.4 You acknowledge that in the event that you cancel an Assignment less than 12 hours before the Assignment is due to commence, you will be required to pay the Cancellation Fee.
5.5 The Agreed Fee is the price quoted on the Platform at the time you advertise the Assignment. The Agreed Fee may be varied following acceptance of the Assignment if agreed between the Organisation and the Worker and processed through the Platform.
- 6. 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.
- 7. Intellectual property rights
- All intellectual property rights in or arising out of or in connection with the Platform will be owned by us.
- 8. Data Protection
- 9. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
9.1We make no representations or guarantees as to the quality of the work completed by the Workers. We do not provide any training or supervision to the Workers and you accept that the acceptance of an offer to complete an Assignment by a Worker is done so at your own risk.
9.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
9.2.1 death or personal injury caused by negligence; and
9.1.2 fraud or fraudulent misrepresentation.
9.3 We shall not be liable for any Losses or delay arising whatsoever caused by any Worker or other users of the Platform.
9.4 ll Workers are engaged by you through the Platform. You accept that the Worker is engaged under your supervision. You will be responsible for all acts of the Worker during the Assignment.
9.5 You will be engaged and working with the Worker on each Assignment. Any Losses that arise during the course of the Assignment will be your responsibility and we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise arising under or in connection with this Contract for:
9.5.1 loss of profits;
9.5.2 loss of sales or business;
9.5.3 loss of agreements or contracts;
9.5.4 loss of anticipated savings;
9.5.5 loss of use or corruption of software, data or information;
9.5.6 loss of or damage to goodwill; and
9.5.7 any indirect or consequential loss.
9.6 Subject to clause 9.2, 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 Agreed Fees paid by you to us in the preceding twelve (12) months calculated from the date on which such liability arose.
9.7 This clause 9 will survive termination of the Contract.
- 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:
10.2 We reserve the right to remove any content from the Platform that breaches any of the terms listed in clause 10.1.
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.
- 11. Confidentiality
11.1 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.
11.2 You may only use our confidential information for the purpose of fulfilling your respective obligations under the Contract.
- 12. Termination
- 12.1 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:
12.1.1 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;
12.1.2 you fail to pay any amount due under the Contract on the due date for payment;
12.1.3 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.1.4 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
12.1.5 it is raised to our attention that you no longer have the right to work within the UK.
12.2 In any event, either party may terminate this contract upon giving 30 days written notice to the other party.
12.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
12.4 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.
12.5 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.
- 13. General
13.1 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).
13.2 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.
13.3 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.
13.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
13.5 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.