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Terms of Use.

Finders Force Platform and Connected Services.

Terms of use of the Finders Force Platform and Connected Services.

 

Last Updated: Monday 23rd January 2023.

 

Thank you for visiting the Finders Force Platform: www.findersforce.com (the “Platform”). 

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1. Introduction

 

Finders Force provides an online Platform that directly connects Operatives seeking to provide industry specific services (the “Professional Services”) and Clients seeking to engage Operatives to perform such Professional Services within the Industry Services they operate.

 

The Platform is owned and operated by Impact Solutions Global Limited, trading as ‘Finders Force’ – a company registered in England and Wales (collectively, “Finders Force”, “FF”, “we”, “us” or “our”).  Our Company Registration number is 14382103 and our registered office is 86-90 Paul Street, London, England, EC2A 4NE. Our registered VAT number will be provided in a future updated version of this documentation.

 

You should not continue to access or use this Platform until you have carefully read and agreed to these terms and conditions, which consist of the following sections: 

 

  1. Platform Use Terms - General terms applicable to all Users that access the Platform. Users here may be referred to as “You”;
     

  2. Operative Terms - Terms specific to Operatives, who may be referred to as “You” and
     

  3. Client Terms - Terms specific to Clients, who may be referred to as “You”

 

For the avoidance of doubt the “Platform Use Terms” apply to all Users, including but not limited to all Operatives and all Clients. 

 

The “Platform Use Terms” and the “Operative Terms” together apply to all Operatives, the “Platform Use Terms” and the “Client Terms” together apply to all Clients. Collectively the “Platform Use Terms”, the “Operative Terms” and the “Client Terms” may be referred to as the “Terms.”

 

Within the “Platform Use Terms”


 

 

2. Definitions

 

2.1   “Operative”

An Operative is a self-employed or registered PAYE employee provider of industry specific services such as, but not limited to, Traffic Management Operatives.

 

2.2   “Client”

A Client is a provider of industry specific services which is regulated by the industry’s recognised governing body. A Client may be a provider of services such as, but not limited to, roadwork maintenance, traffic light maintenance, streetlight maintenance or sewage maintenance.

 

2.3   “User”, “Users”, “You” or “Your” 

The terms “User,” “Users,” “you,” or “your” refer to any and all people that access or use the Platform, including but not limited to Operatives and Clients. In Section 3 this refers to all Users, in Section 4 this refers to Operatives and in Section 5 this refers to Clients.

 

2.4   “Shift”

A Shift is a Professional Service which a Client needs fulfilled. Clients post Shifts via our Platform in order for the Shift to be fulfilled by a sufficiently qualified Operative, registered on the Platform.

 

2.5   “Site”

A Site is a place of work, where an Operative performs Professional Services.

 

2.6   “Industry Partners”

An Industry Partner is an external third-party entity to FF of whom, FF collaborates with to provide services to FF’s clients.

 

2.7   “Quality Assurance”

Quality Assurance (“QA”) is the process of setting up infrastructures to ensure a quality product and/or service is delivered. Examples of QA include: Training, Vetting and Documentation.

 

2.8   “Quality Control”

Quality Control (“QC”) is the process of reviewing a product and/or service which is either in progress or completed, with the goal of making improvements. Examples of QC include: Ratings, Foreman checks and Performance Reporting.

 

2.9   “Blacklisted”

Blacklisted can refer to an Operative who has been barred from working within an industry or an entity (company) who has been barred from operating within an industry.

 

2.10   “Depot”

A Depot is a location of operation belonging to a single Client. For example, a Client’s headquarters may be in London, however, they have multiple Depot locations across the country.


 

 

3. Platform Use Terms 

 

3.1 Coverage Of Terms

 

3.1 (a) By visiting the Platform you agree to the Platform Use Terms. If you do not agree to the Platform Use Terms you may not access or use the Platform.

 

3.1 (b) The Platform Use Terms apply whenever you visit or use the Connected Services available on the Platform; of which, may be updated from time to time. We include a ‘Last Updated’ date at the top of the Terms of Use and encourage you to check the Platform frequently to see the current Platform Use Terms in effect and take note of any changes that may have been made.

 

3.1 (c) When visiting or using the Platform you confirm that: 

 

  1. You are expressly and duly authorised to accept these terms and conditions and
     

  2. You accept these terms and agree to be bound by them.

 

3.1 (d) By visiting or using the Connected Services available on the Platform following any changes to the Platform Use Terms, you agree to be bound by such changes.

 

3.2 Our Services

 

3.2 (e) The FF Platform (the “Platform”) is a marketplace that directly connects Operatives seeking to provide Professional Services and Clients seeking to engage Operatives to perform such Professional Services within the Industry Services they operate.

 

3.2 (f) As part of the Platform and subject to the relevant Operative's consent, FF provides a service which allows Clients to create a shortlist of preferred Operatives. 

 

3.2 (g) The FF Platform and all available services can be provided to Clients as a Pay as you Use or Subscription Service.

 

3.2 (h) Within the provision of Subscription Services, there will be set Plans of which Client’s can select. Clients are able to upgrade or downgrade their Plans at any time. In the event of a Plan change, where an amount is owed to the Client, fees will be calculated and attributed as “credit” to the next monthly billing cycle. The Client will then be charged less due to the existing credit covering a portion of their next bill. 

 

3.2 (i) In the event of a Plan change, where the Client will owe additional fees to FF, fees will be calculated and added on as “payments due” to the next monthly billing cycle. On the payments due date, the Client will be charged the new fee of their new plan, plus the fee calculated for upgrading during the previous cycle.

 

3.2 (j) Each plan comes with specific plan elements which may differ from time to time. FF strives to deliver on each element with precision and consistency, however, through business development, there may be times where FF falls short of its commitments. In the event of this taking place, the Client agrees to amicably find resolutions alongside FF. Should resolutions not be found amicably, the Client reserves the right to cancel the Subscription Plan at any time. Further terms on Client disputes is outlaid in Clause 5.7 (d).

 

3.2 (k) For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, FF is not an employment agency or employment business and we do not introduce or supply work seekers to hirers or hirers to work seekers. Instead FF is a Platform through which Operatives find ad-hoc Shifts for themselves and Clients find Operatives to work on ad-hoc Shifts.

 

3.2 (l) Throughout the running of our Platform, FF employs a “Commitment To Excellence” philosophy. This commitment is characterised where FF may seek to improve the quality and monitor the performance of available Operatives whilst reporting to and providing consultation to the Client in the following ways, which may alter from time to time: 

 

  1. Liaise with the Client to create Client Specific Training Courses which becomes accessible and mandatory to watch and complete, via our Platform, prior to Operatives becoming applicable to work on available Shifts;
     

  2. Provide foreman Site-checks in which a qualified authority, contracted to FF, checks the quality of work produced by an Operative on Site and
     

  3. Provide monthly reports of Client performance based on analytical data tracked through our Platform. 

 

The purpose of these quality assurance and control activities is to enhance the overall standard of service delivery provided to Clients and the working conditions for Operatives.

 

3.2 (m) Despite this Commitment To Excellence, FF is not liable or obligated to supervise and/or control the actions of any Operative. Nothing in these Terms shall in any way constitute any Operative as the employee or worker of FF.  FF shall not be responsible for supervising, monitoring or directing Operatives whilst working on an ad-hoc Shift and accordingly, only the Client is able to assess and insure against risks in respect of or during or arising out of the period for which the Operative is performing the Professional Services. 

 

3.2 (n) Clients are solely responsible for reviewing all applications submitted for any ad-hoc Shifts posted by the Client, and for negotiating and agreeing shift-related terms and arrangements relating to them. We shall have no responsibility for any engagement or employment decisions agreed by any Operative with any Client.

 

3.2 (o) FF reserves the right to facilitate wage payments between Client and Operative in any one of the following ways which may change in the future:
 

  1. FF may collect wage payments on behalf of our Industry Partners who hold the duty of paying wages to Operatives of that industry;
     

  2. FF may provide our Industry Partners’ details on our Platform, of which the Client has the obligation to pay wages of Operatives to that Industry Partner and/or
     

  3. FF may allow the Client to pay wages to Operatives through our payment Platform. We do not charge to use the payment Platform; however, we reserve the right to do so in the future. 

 

FF has no obligation to pay Operatives directly, however, we reserve the right to do so in the future. 

 

3.3 Quality Assurance (QA) & Quality Control (QC) Frameworks

 

3.3 (a) Both Quality Frameworks have been defined in section 2. Definitions of this Terms of Use documentation.

 

3.3 (b) Quality Assurance Frameworks provided by FF and Industry Partners include but are not limited to:

 

  1. Vetting - FF’s Industry Partners take full responsibility for the industry required vetting of each new User on our Platform. Users only become Operatives, eligible for Shifts, once they clear the verification process. Depending on the industry in question, our vetting parameters include but are not limited to: Proof of Qualification, Proof of ID and Proof of Address. FF’s Industry Partners reserves the right to expand this vetting criteria, should we have probable cause to do so. The Client agrees to bring any suspicions to FF’s immediate attention in order for FF’s Industry Partners to carry out further verification of the User in question.
     

  2. FF Induction - All Operatives will undergo an induction event where they:
     

    1. Are introduced to our “Commitment To Excellence” philosophy;
       

    2. Receive our “Commitment To Excellence” Handbook;
       

    3. Must complete the 30-question Commitment To Excellence Examination with a 93%+ pass rate (28/30). Operatives can attempt the Examination as many times as necessary for the required completion.
       

  3. FF Training - After completing FF Induction, Operatives who have been qualified for 6 weeks or less or have completed 20 Shifts or less, since their qualification will be subject to FF Training which includes but is not limited too:
     

    1. 1 Day of practical training and
       

    2. 1 Shift of on-the-job training at no extra charge to the Client.
       

  4. Client Specific Training Courses - Mentioned earlier in these terms, these courses are mandatory to complete before any Operative is able to carry out Shift work at the Client’s location. FF requires the support and cooperation of the Client in order to successfully attain the required standards, which allows us to convert that standard into a course for Operatives to complete.
     

  5. Candidate Application Comparison - FF facilitates a quality comparison feature within the Platform which allows Clients to compare the Operatives based on various metrics like Ratings and Shift Experience which allows Client’s to increase their chances of selecting sufficient candidates for the position.

 

3.3 (c) Quality Control Frameworks provided by FF and Industry Partners include but are not limited to:

 

  1. Trial Phase - Depending on the Subscription Plan selected, Clients have the ability to test our services across varying amounts of Shifts. During this trial, to ensure the Client minimise their risk, FF offers the trial Shifts at a discounted rate. The Client may then choose to continue the service at the usual rate, make certain tweaks to the service, or cancel the service altogether.
     

  2. FF Rating - A key feature to the FF Platform is the FF Rating System which essentially ranks Operatives in terms of past shift performance. We advise all our Clients to take these ratings into consideration when selecting candidates for Shifts. Upon gaining access to our Platform, Operatives will begin with a 5 Star Rating (based on zero Shifts). The ratings provided after each shift completed is what determines the maintenance or reduction of that 5 Star Rating.
     

  3. Op Location Tracking - Via our Platform, Client’s have the ability to view the exact location of all their Operatives across all of their Sites. This feature is designed to improve punctuality and attentiveness whilst Operatives are on shift.
     

  4. Account Management - Each Client will be assigned an Account Manager, provided by FF of whom will collaborate and liaise with Our Industry Partners and act as the Client’s first point of contact throughout the working day. Whilst the Account Manager’s role is based on the use of general intuition and best endeavours, in the pursuit of our “Commitment To Excellence” model, the Account Managers core duties consist of:

    1. Platform Duties:

      • Onboard the Client onto our Platform and

      • Attend to any tech issues or questions.

    2. Engagement Duties:

      • Liaise with the Client re. Course creation;

      • Manage all Operative issues;

      • Manage all Client issues and

      • Complete Foreman Site Checks.

        The feature of the Account Manager is designed to improve the daily engagements that the Client has with our Platform and the Operatives who use it.
         

  5. Foreman Site Checks - Mentioned earlier in these terms, Foreman Site Checks are designed to alleviate the pressures which Client’s have to check Operatives work. As FF thrives based on quality Operatives delivering quality shift-work, it’s in FF’s best interest to report substandard work to the Client to ensure the quality delivered matches the Client’s expectations.
     

  6. Performance Data Reporting - Mentioned earlier in these terms, FF will provide monthly reports of Client performance based on analytical data tracked through our Platform.

 

3.3 (d) Despite the quality assurance frameworks in place, FF shall not be held responsible for the quality of the Professional Services provided by the Operatives or their activities while at the Client's location, unless stated otherwise, within the individual QA and QC elements stated above.

 

Both FF’s QA & QC elements are designed to support the Client’s own pursuit of higher standards. The elements are not guarantees of quality, nor representations of responsibility or liability over Operatives actions at the Client’s location or on Site, where the Professional Services are due to be performed.

 

3.4 Client’s Engaging Operatives 

 

3.4 (a) When posting a Shift via our Platform, the Client has an obligation to clearly outline the entirety of the Shift requirements within the Shift Posting Form. When an Operative confirms to a Client via the Platform that they are willing to undertake a Shift as posted by the Client, and the Client confirms via the Platform that they agree to Engage the Operative for that Shift, both parties agree that the Shift requirements are final and acknowledged.

 

3.4 (b) Should the Shift requirements differ when the time comes for the Operative to perform Professional Services, both parties must agree to the new terms of engagement and both parties are obliged to send an agreed and revised “Key Points” list of Shift requirements to FF. This information must be sent via email to support@findersforce.com or in-app messenger to FF Support or, in the Client’s case, their FF Account Manager.

 

3.4 (c) Disputes arising between the Client and Operative regarding Professional Services not contained within the Shift Posting Form or within any correspondence via the channels of communication outlined above, will be the sole responsibility of the Client and Operative. FF will not be held responsible for any Professional Services undertaken in the scenario outlaid above.

 

3.4 (d) Operatives agree to employ best endeavours when engaging with Clients. Within this Terms of Use, Best Endeavours is defined as: taking all steps that a prudent and determined person acting in direct alignment of our “Commitment To Excellence” handbook would take. Operatives must do all in their power to bring about the set standard of quality, even if that means subordinating their own desires.
 

3.4 (e) For the avoidance of doubt both the Client and Operative acknowledge that there are no contractual terms between FF and any Operative relating to the provision of specific Professional Services for any given shift. FF does however, provide a “Commitment To Excellence” handbook to each Operative on recommended best practices within their industry which FF strongly urges each Operatives to follow in the pursuit of consistent shift-work and a fulfilling shift experience. Operatives agree to sign a “Commitment To Excellence” confirmation statement which signifies they have read, understood and will employ best endeavours to attain its standards. 

 

3.4 (f) In-App Wage Payment Requests reflect only those services available and used via the Platform and do not indicate acceptance of any liability for any Operative's acts or omissions at any time.

 

3.4 (g) FF acts only as a Commercial Agent for both Clients and Operatives in communicating key terms of the Engagement such as, but not limited to:
 

  1. Pay Rate,
     

  2. Start and End date,
     

  3. Shift Type,
     

  4. Task Type,
     

  5. Qualification Required,
     

  6. Location and
     

  7. Additional Shift-related information.

 

3.4 (h) Clients may choose to cancel a confirmed engagement for Professional Services from Operatives at any time, however, in some cases you may be charged cancellation fees. Specific cancellation scenarios are outlined below to provide guidance during disputes, however, they do not indicate a complete list of possible cancellations scenarios.

 

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3.4 (j) The above scenarios transcend every industry FF operates in unless a separate table is issued directly to a Client.

 

3.4 (k) FF reserves the right to charge an administration fee for cancellations in the future.

 

3.4 (l) Evidence of accidental bookings with cancellations will be treated as such and Clients will not incur a cancellation fee. Furthermore, should Clients be forced to cancel Shifts, and can provide irrefutable evidence of the fact, due to reasons outside of their control, Clients will not incur a cancellation fee. Examples of such scenarios include but are not limited to Force Majeure events, for example, weather conditions, natural disasters, fires, floods, explosions, earthquakes, nuclear disasters, insurrection, riots, acts of terrorism and war. 

 

3.4 (m) Operatives are at liberty to cancel Shifts at any time both prior to starting a shift or during a shift. A reason must be given within the App and failure to produce a reason may render the Operative blacklisted (defined in section 2. Definitions).

 

3.4 (n) Operatives are advised to remain cautious with exercising their right to cancel Shifts at any time, as doing so may cause a Client not to select an Operative in the future due to perceived unreliability and/or untrustworthiness; despite the reason for cancellation provided by the Operative within the App.

 

3.4 (o) Repeated and frequent cancellation of Shifts by Clients or Operatives may result in their use of the Platform being suspended or terminated at our sole discretion.

 

3.5. Platform Usage Rules and Limitations.
 

3.5 (a) We reserve the right, for any reason and at our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Platform. We will not be liable to you or to any third party for doing so. We will, however, attempt to communicate major changes with you with reasonable notice.

 

3.5 (b) We may also impose rules and limits on the use of the Platform to restrict your access to part, or all, of the Platform without notice or penalty. We have the right to change these rules and/or limitations at any time and at our sole discretion. We will, however, attempt to communicate major changes with you with reasonable notice.

 

3.5 (c) The Platform or Platform may be used only for lawful purposes. You are responsible for your own communications, including the upload and posting of information (by way of free-text or otherwise) (“User Content”), and you are responsible for the consequences of such uploads and posting of information on or through the Platform. 

 

3.5 (d) By uploading, posting or displaying User Content on the FF Platform, you grant FF a worldwide, non-exclusive, irrevocable, perpetual, royalty-free licence to reproduce, adapt, distribute and publish such User Content through the FF Platform, Platform, Social Media Channels belonging to FF and/or news/media outlets which FF has agreed to engage with. We reserve the right to refuse to accept, post, display or transmit any User Content at our sole discretion and shall comply with the Data Protection Legislation in relation to sensitive personal data. 

 

3.5 (e) Accordingly, any claims or disputes that arise from any such information or comments are the Client’s sole responsibility and the Client shall indemnify FF in respect of any Loss it may suffer in relation to any of the same, as well as any such information or comment that is or is alleged to be defamatory.

 

3.5 (f) Our Platform may include information, material or content uploaded by other Users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Platform do not necessarily represent our views or values. 

 

3.5 (g) If you wish to complain about any information, materials or content uploaded by other Users, please contact us using the information provided on our Platform or email us directly via support@findersforce.com.

 

3.5 (h) You agree to use our Platform and the Connected Services only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use of our Platform or services. 

 

3.5 (i) You are permitted to download and print content from the FF Platform or Platform solely for your personal use. 

 

3.5 (j) All or any part of the FF Platform or Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without FF’s express written permission.

 

3.5 (k) You are not entitled to use the content of the FF Platform or Platform for commercial exploitation in any circumstances. 

 

3.5 (l) FF specifically prohibits any use of the Platform and requires all Users to agree not to use the Platform, in relation to any of the following:

 

  1. For any unlawful purpose of for the promotion of illegal activities;
     

  2. Attempt to, or harass, abuse or harm another person or group;
     

  3. Posting any information that is incomplete, false, inaccurate or not your own, such as creating a fictional account;
     

  4. Impersonating another person, such as creating an account for a person other than yourself;
     

  5. Use another person’s User account without permission;
     

  6. Post any Shifts where there is a risk to the health and safety of any Operatives;
     

  7. Attempt to re-register with FF if we have terminated your User Account for any reason;
     

  8. Constituting or encouraging any conduct that would constitute a criminal offence or that fails to comply with accepted Internet protocol;
     

  9. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
     

  10. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
     

  11. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
     

  12. Transmitting or transferring (by any means) information or software derived from the Platform to any third parties;
     

  13. Interfere, or attempt to interfere, with the proper functioning of the FF Platform;
     

  14. Attempt to interfere in any way with the Platform’s networks or network security, or attempting to use the Platform’s services to gain unauthorised access to any other computer system;
     

  15. Use any software, technology, or device to scrape, spider, or crawl the FF Platform or harvest or manipulate data;
     

  16. Use any of the Client or Operative information, contacts or content from the FF Platform for any commercial solicitation purposes; and
     

  17. Publish or link to malicious content intended to damage or disrupt another User’s web browser or Device.

 

3.5 (m) Any violations of our Platform, Platform or network security may result in legal action. FF will investigate any such occurrences under the Computer Misuse Act 1990 and may involve, and cooperate closely with, the relevant authorities in order to prosecute any Users involved in such violations. 

 

3.5 (n) Any Operative who has taken the time to actually read this set of Terms & Conditions documentation, laid out before them, has a chance of winning a reward worth up to the value of £10,000 (Ten Thousand Pounds Sterling). There is only one reward available for one Operative. Continue to read the rest of this document for, potentially, any further information pertaining to this reward and then contact us quoting the following code: [#iactuallygiveaflyingsh*t] All the best… That concludes the highlight of my evening... Back to the legal stuff and I’m not even halfway through… God, I need a coffee.

 

3.5 (m) You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, the following:

 

  1. Accessing data not intended for you or logging into a server or account that you are not authorised to access;
     

  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

 

  1. Attempting to interfere with services to any User, host or network, including, without limitation, via means of submitting a virus or malware to the Platform, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services or
     

  2. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 


 

3.6. Indemnity

 

3.6 (a) You agree to indemnify, defend and hold harmless FF and its officers, subsidiaries, affiliates, successors, assigns, directors, partners, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by FF in connection with any claim by a third party (including an intellectual property claim) arising out of: 

 

  1. The User Content you upload, submit, post or transmit through the FF Platform or
     

  2. Your use of the FF Platform or any of our available services in violation of these Terms or in violation of any applicable law


 

3.7. Third Party Platforms

 

3.7 (a) Our Platform may contain links to other Platforms, Platforms and resources provided by third parties. We accept no responsibility or liability for any material supplied or contained on any third-party Platform, Platform or resource which is linked from or to our Platform. We have no control over the content of such third-party Platforms, Platforms or resources. 


 

3.8. Bugs, Viruses and Malware

 

3.8 (a) Whilst our Platform continuously aims to attain the highest levels of security standards we cannot guarantee that our Platform will be secure or free from bugs, viruses or malware. You agree that we are not liable for any bugs, viruses or malware on our Platform.

 

3.8 (b) It is your responsibility for configuring your computers, desktops, laptops, tablets, mobile phones (“Devices”) to access our Platform. 

 

3.8 (c) It is your responsibility to use your own anti-virus software and ensure all Devices are automatically updated with the latest version of the anti-virus software you are using.


 

3.9. Termination
 

3.9 (a) This Agreement shall continue unless terminated: 

 

  1. By FF with immediate effect following any breach of this Agreement by you which, in our reasonable opinion, is not capable of remedy or
     

  2. By 3 Business Days' written notice by FF if there is any other serious or repeated breach of this Agreement, which is, in our reasonable opinion, capable of remedy and which is not remedied within 7 Business Days after an earlier notice requiring it to do so or
     

  3. By written notice with immediate effect by FF and without liability for FF or prejudice to any right for relief FF may have, if in good faith FF considers for any reason that:
     

    1. The Client may not meet its obligations to FF or
       

    2. The Operatives may no longer be willing, able or suitable to undertake the Professional Services for the Client;
       

  4. By written notice with immediate effect by either party for convenience or
     

  5. By written notice with immediate effect by either party if the other party shall become insolvent within the meaning of the Insolvency Act 1986, becomes bankrupt, applies for, or has made against it a receiving order, or makes any composition with its creditors or an administration order or if an order is made or resolution passed for the winding up of that party or that party passes a resolution to cease trading or actually ceases trading.

 

3.9 (b) All legitimate and outstanding Shift rates must be paid as per invoicing details regardless of the termination of this agreement. Any additional services which are carried out on behalf of the Client by FF will be individually assessed with the objective of covering all costs incurred by FF up to the date of cancellation. These costs will be invoiced to the Client for due payment as per the invoicing details.

 

 

3.10. Data Protection

 

3.10 (a) The terms "Data Subject", "Personal Data" and "processing" shall have the meanings set out in Data Protection Laws. 

 

3.10 (b) The parties acknowledge that, for the purposes of the Data Protection Laws, each party shall be considered to be a Data Controller with respect to Personal Data processed in connection with the marketplace.  Each party warrants to the other that it shall comply with all requirements set out in Data Protection Laws.

 

3.10 (c) The parties shall comply with the provisions and obligations imposed on them by the Data Protection Laws at all times when processing Personal Data in connection with the marketplace. 

 

3.10 (d) To the extent that a party processes any Personal Data on behalf of the other party, the processing party shall: 

 

  1. Comply with the provisions and obligations imposed on a processor by the GDPR, including the stipulations set out in Article 28(3)(a)-(h) which form a part of, and are incorporated into, this Agreement as if they were set out in full, and the reference to "documented instructions" in Article 28(3)(a) shall include the provisions of this Agreement; and
     

  2. Not disclose any Personal Data to any Data Subject or to a third party other than at the written request of the other Party or as expressly provided for in this Agreement. 

 

3.10 (e) FF reserves the right to process, interpret and repurpose non-personal data (“NPD”) shared on the Platform and provide products and services to third-party corporations without User’s explicit permission or knowledge.
 

3.10 (f) Each party shall maintain records of all processing operations under its responsibility that contain at least the minimum information required by the Data Protection Laws, and shall make such information available to the appropriate regulator on request. 

 

3.10 (g) If either party receives any complaint, notice or communication which relates directly or indirectly to the processing of Personal Data by the other party or to either party's compliance with the Data Protection Laws, it shall as soon as reasonably practicable notify the other party and it shall provide the other party with commercially reasonable cooperation and assistance in relation to any such complaint, notice or communication or personal data breach. 

 

3.10 (h) The parties shall cooperate and assist each other in relation to any request made by a Data Subject to exercise its rights under the Data Protection Laws. 

 

3.10 (i) You will notify us immediately of any loss, or any compromise of Personal Data and/or Non-Personal Data processed by you in relation to this Agreement.


 

3.11. Privacy 

 

3.11 (a) You agree that all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy and Cookie Policy.


 

3.12. General 

 

3.12 (a) If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect. 

 

3.12 (b) Only you and FF shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

 

3.12 (c) These Terms set out the entire agreement between you and us with respect to your use of the FF Platform and services and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us; except in the case where cancellation agreements have been issued directly to the Client. In this case, the cancellation agreements shall supersede the cancellation clause outlaid in this agreement.

 

3.12 (d) These Terms are governed by the Law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, Users and FF shall submit to the exclusive jurisdiction of the courts of England and Wales.

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3.12 (e) Some of the icons used throughout the platform were created by Grow Studio, an artist from www.flaticon.com. Please note that while some icons were created by Grow Studio, not all of the icons used in this content were created by them. We thank Grow Studio for their creative contributions.


 

 

4. Operative Terms 

 

4.1 Advice To Operatives

 

4.1 (a) All Operatives are advised to read this entire document as well as this section. This entire document is relevant to your holistic understanding of how all mentioned parties are obligated to function when accessing our Platform.

 

4.2 Account Registration

 

4.2 (a) To access the FF Platform and use our services you will need to register an account and create an Operatives Profile ("Profile") with us. 

 

4.2 (b) You will register an account and create a Profile by: 

 

  1. Entering all required identifiers, including, but not limited to:
     

    1. First and Last Name,
       

    2. Email Address,
       

    3. Mobile Number,
       

    4. Home Address,
       

    5. National Insurance Number (N.I) and
       

    6. Personal ID Verification (e.g. Passport, Drivers Licence).
       

  2. Selecting and verifying information in pre-populated drop downs or profile options or
     

  3. Uploading and posting information and documentation (by way of free-text or otherwise) (“User Content”).

 

4.2 (c) The date that you create an account is your official “FF Operative Registration Date”.

 

4.2 (d) On registering an account, you will have created your own login credentials as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party.

 

4.2 (e) Upon registering an account, you will have the ability to add a secondary level of account security by turning on Two-Factor Authentication via the Settings Page under the heading “Password & Security”.

 

4.2 (f) You are responsible for the contents of your Profile. You warrant to us that any and all information contained in your Profile is true, accurate and not misleading in any way, including, but not limited to, career history, your right to work, work experience, skill sets and professional qualifications. It is your responsibility to ensure that all information in your Profile is current and kept up to date.

 

4.2 (g) You are responsible for all applications for Shifts submitted by you via the Platform and for negotiating and agreeing all terms and arrangements relating to them. We shall have no responsibility for any engagement or employment decisions agreed by you with a Client.

 

4.2 (h) You may suspend or delete your account at any time using the account settings or by contacting us to complete this action on your behalf.

 

4.2 (i) We may suspend or delete your account at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of our Terms. 

 

4.2 (j) You must contact us immediately if you suspect that anyone, other than yourself, knows your login and password credentials and/or has access to your account.


 

4.3. Relationship Between Operative, Client and FF 

 

4.3 (a) FF does not supervise and/or control the actions of any Operatives. Nothing in these Terms shall in any way constitute any Operatives as the employee or worker of FF.  

 

4.3 (b) All Operatives shall provide the Professional Services for the Client in accordance with the Terms.

 

4.3 (c) The Terms shall apply to any and each Engagement agreed between the Operative and the Client.

 

4.3 (d) FF reserves the right to facilitate wage payments between Client and Operative in any one of the following ways which may change in the future:
 

  1. FF may collect wage payments on behalf of our Industry Partners who hold the duty of paying wages to Operatives of that industry;
     

  2. FF may provide our Industry Partners’ details on our Platform, of which the Client has the obligation to pay wages of Operatives to that Industry Partner and/or
     

  3. FF may allow the Client to pay wages to Operatives through our payment Platform. We do not charge to use the payment Platform; however, we reserve the right to do so in the future. 

 

FF has no obligation to pay Operatives directly, however, we reserve the right to do so in the future. 

 

4.3 (e) Operatives are required to clock-in via the Platform at the beginning of their shift. Doing so marks the beginning of your shift and all wage payments shall be in correspondence to this tracked time. There is no obligation from the Client to pay you unless you clock-in via the Platform.

 

4.3 (f) In the event that you fail to do so, at our sole discretion, FF may assist the retrieval of your wages by way of evidential proof, through your GPS tracking system, that you were on Site for the correct time frame. Continuous failure to clock-in could result in your account being removed from the Platform for a set period of time or indefinitely.


 

4.4. Operatives Obligations 

         

4.4 (a) Prior to accepting a Shift the Operatives shall check: 

 

  1. The identity of the Client and the nature of its business;
     

  2. The type of work, location, start date, times and duration of the Shifts;
     

  3. Any equipment, tools and/or PPE required to carry out the Shift lawfully and appropriately;
     

  4. Any risks to health and safety;
     

  5. The level of experience, training, qualifications and authorisation which the Client considers necessary to undertake the Shifts, or are required by law or otherwise to undertake the position and
     

  6. The ability to give reasonable notice, and a minimum of 24 hours’ notice, to the Client for any Shifts you accept and subsequently cancel.

 

4.4 (b) During each and every Engagement the Operatives shall:

 

  1. Provide the Professional Services in accordance with FF’s Commitment to Excellence model, general best practices, general best endeavours and within their scope of practice at all times;
     

  2. Comply with all health and safety, Site and security regulations applicable at the Site of work and the Client’s location to the extent that they apply to the type of work required for the provision of the Professional Services and report to the Client any unsafe working practices or conditions;
     

  3. Comply with all the Client regulations, policies and protocols as notified by the Client;
     

  4. Promote the interests of FF and/or the Client and not engage in any conduct detrimental to the interests of FF and/or the Client, including but without limitation to, any conduct likely to bring FF and/or the Client into disrepute;
     

  5. Supply to the Client, via their Profile on the Platform, copies of any relevant qualifications or authorisations that you are required to have, as requested by the Client, or by the law of any professional body, in order to provide the Professional Services and
     

  6. Indemnify the Client and/or FF against all losses incurred by the Client and/or FF arising out of any negligence, be that gross negligence or otherwise, wrongful or fraudulent act or omission of the Operative.

 

4.5 - PAYE Compliance

 

4.5 (a) In certain industries, Operatives may be required to, or find it beneficial to, operate under a legal business entity for example, a Limited Company (Ltd.). Under these circumstances, you are required, by law, to operate under PAYE legislations.

4.5 (b) FF guarantees:
 

  1. All Operatives using the FF Platform holds valid professional indemnity insurance with a recognised and reputable organisation and
     

  2. All Operatives maintain PAYE compliance.

 

4.5 (c) FF guarantees the above parameters by ensuring all Operatives using the FF Platform selects an FF Operatives Subscription Plan which covers various services including but not limited to:
 

  1. Company Incorporation,
     

  2. Company Filing and Reporting,
     

  3. Invoicing Services,
     

  4. Expense Claims,
     

  5. Professional Indemnity Insurance and
     

  6. Company Closure.

 

4.5 (d) FF Operatives Subscription Plans may start from £20 per week, which is due only if an Operative completes 1 shift or more in any given week.

 

4.5 (e) The Professional Indemnity Insurance fee is due every month, regardless if an Operative works that month or not.

 

4.5 (f) Operatives shall notify us immediately upon the occurrence of any one or more of the following events:

 

  1. You are suspended or receive a blacklisting order by the Client, your regulatory or governing body;
     

  2. You are aware of any threatened, pending or final suspension, revocation, limitation, restriction or disciplinary action taken by, but not limited to, any Client, employer, regulatory body or other governing body that has authority over your ability to deliver Professional Services;
     

  3. You are charged with or convicted of a criminal offence, or any other crime relevant to the provision of industry specific services;
     

  4. You perform the Professional Services while impaired by or under the influence of any chemical substance or use of illegal drugs or alcohol and
     

  5. You breach any of the provisions in Clause 4.4 (b) of these Terms.


 

4.5 (g) Operatives should raise all safeguarding, discriminatory and prejudicial concerns with the most senior person at the Client location or on Site, where they are performing the Professional Services. 

 

4.5 (h) If for any reason an Operative cannot raise concerns with the Client, they should contact FF at the earliest opportunity using our contact details and ask to speak to an Account Manager or Director regarding Whistleblowing and Safeguarding.

 

4.5 (i) In the event of a safeguarding emergency, the Operatives should contact the most appropriate local authorities.

 

4.6 Rating System
 

4.6 (a) As part of the FF Commitment to Excellence model, After each shift, you are obliged to provide feedback, in the form of star ratings and potentially written feedback, for Clients following an Engagement via the Platform. Operatives can not complete the next shift without Ratings being completed. 

 

4.6 (b) Clients will be rated across 3 individual parameters:

  1. Professionalism - How professional were the managers & staff?

  2. Organisation - How organised was the depot, site & instructions?

  3. Vibe - How welcoming, positive & supportive was the experience?

 

4.6 (c) Each Client opens their account with FF as a 5-Star Rated Client, with zero Shifts completed. Operatives acknowledge that they should submit 5-star ratings unless there is a just, fair and reasonable reason to lower the Client’s rating.

 

4.6 (d) Star ratings will be anonymously shared with the Client you worked for and presented across the Platform to other Operatives applying for Shifts with that Client. Written feedback may be collected from the Operative and shared anonymously and solely with the Client.

 

4.6 (e) As part of the FF Commitment to Excellence model, After each shift, Clients are obliged to provide feedback, in the form of star ratings and potentially written feedback, for Operatives following an Engagement via the Platform. Clients can not post their next shift without Ratings being completed. 

 

4.6 (f) Operatives will be rated across 3 individual parameters:

  1. Professionalism - How competent & polite was your Operative?

  2. Punctuality - How on time & organised was your Operative?

  3. Helpfulness - How supportive & positive was your Operative?

 

4.6 (g) Each operative opens their account with FF as a 5-Star Rated Operative, with zero Shifts completed. Client’s acknowledge that they should submit 5-star ratings unless there is a just, fair and reasonable reason to lower the Operatives rating.


4.6 (h) Star ratings will be shared with you and presented across the Platform to other Clients who review your Profile in pursuit of fulfilling shift vacancies. Written feedback may be collected at times and shared with yourself.


4.6 (i) Both ratings and written feedback may be viewable by other Operatives at some point in the future as the FF releases newer versions of the Platform.

 

4.6 (j) The ratings you receive have a direct impact on the wages you receive. Below is a table which outlines how your ratings affect your wages. Operatives do not need to calculate any deductions based on their ratings, the Platform calculates this automatically and ensures the wage rate you see for each shift is based on your ratings and is the amount you will be contracted to receive. 

 

4.6 (k) 

​

4.6 (l) The above table transcends every industry FF operates in, unless a separate industry table is issued within a newer version of these Terms, which explicitly outline different parameters.


 

4.7. General 

 

4.7 (a) Operatives acknowledge and agree that the FF Platform and its services provide value in directly connecting Operatives and Clients. 

 

4.7 (b) You agree that you will not solicit or accept any Shifts or permanent positions directly with a Client without notifying FF directly within 3 business days of intending to do so. Or within 3 business days of accepting a position offered.

 

4.7 (c) You agree that should you be offered any Shifts or a permanent position by a Client, and you have been introduced to that Client via our Platform, you will notify us immediately. Failure to notify us may be considered a breach of Terms and result in you being removed from the Platform and facing a financial penalty.

 

4.7 (d) You agree to indemnify, defend and hold harmless FF and its officers, subsidiaries, affiliates, successors, assigns, directors, partners, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by FF in connection with any claim by a third party (including an intellectual property claim) arising out of: 

 

  1. The User Content you upload, submit, post or transmit through the FF Platform or
     

  2. Your use of the FF Platform or any of our available services in violation of these Terms or in violation of any applicable law.

 

4.7 (e) If you provide User Content to our Platform, or make contact with other Users of our Platform, you must comply with the Terms and not do anything that is false or could mislead any User of the Platform. 

 

4.7 (f) We have the right to disclose your identity to any Users or third-party who claim User Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or their right to privacy.

 

4.7 (g) By creating a Profile you authorise us, and Clients you apply for a Shift with, to use the information and documentation within your Profile to carry out the relevant checks in order to evaluate the validity and accuracy of the information and documentation provided. This may include sharing information with third parties.  

 

4.7 (h) You also authorise us to, where necessary, conduct such security and identification checks as we deem necessary, including but not limited to, DBS checks via the use of the online DBS Update Service and Right to Work checks via Onfido, With Persona and other third-party providers.

 

4.7 (i) If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect. 

 

4.7 (j) These Terms are governed by the Law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

5. Client Terms

 

5.1 Advice To Clients

 

5.1 (a) All Clients are advised to read this entire document as well as this section. This entire document is relevant to your holistic understanding of how all mentioned parties are obligated to function when accessing our Platform.

 

5.2. FF’s Obligations
 

5.2 (a) The FF online Platform is a marketplace that directly connects Operatives seeking to provide Professional Services and Clients seeking to engage Operatives to perform such Professional Services within the Industry Services they operate.

 

5.2 (b) The FF Platform and all Connected Services are provided to Clients as a Pay as you Use service or Subscription Service. The FF Service Fees provided depends on which Subscription Plan is selected by the Client and are subject to change with reasonable notice. The most up to date version of FF Service Fees is available on our Platform at findersforce.com/pricing.

 

5.2 (c) You acknowledge that FF does not supervise and/or control the actions of any Operatives. Nothing in these Terms shall in any way constitute any Operatives as the employee or worker of FF.  FF shall not be responsible for supervising, monitoring or directing the Operatives whilst working on an ad-hoc Shift and accordingly, only you are able to assess and insure against risks in respect of or during or arising out of the period for which the Operatives is performing the Professional Services. 

 

5.2 (d) You acknowledge that we do not recommend any Operatives to you. Our Platform solely connects you directly with the Operatives that match your specified requirements. 

 

5.2 (e) FF will use reasonable endeavours to carry out certain checks on Operatives who register on the Platform, and in accordance with Clause 5.2 (f) of the Client Terms. You acknowledge and agree that these are the only checks we will carry out.

 

5.2 (f) You acknowledge and agree that we will use reasonable endeavours to carry out the following checks in relation to Operatives on the Platform:

 

  1. Passport / Photographic ID;
     

  2. Right to Work (including any work permits) and ID check;
     

  3. Cross-check uploaded mandatory training certificates with official industry qualification databases;
     

  4. Limited Company or Self-employed information;
     

  5. Confirmation and evidence of professional indemnity insurance and
     

  6. View copies of DBS certificates and, where necessary, check their status on the online DBS Update Service Platform. If the Operative is not registered for the DBS Update Service, we insist that DBS certificates are less than 12 months old.

 

5.2 (h) For the avoidance of doubt the Client acknowledges, and agrees that it is reasonable, that we may use third-party providers (such as Onfido in the case of Right to Work and ID checks) to carry out certain checks detailed in Clause 5.2 (f) of the Client Terms.  

 

5.2 (i) You acknowledge that whilst all information is collected in good faith, FF does not guarantee that information provided by Operatives, or any and all third parties, is true and accurate.

 

5.2 (j) You acknowledge that whilst we carry out the checks in Clause 5.2 (f) of the Client Terms and review them from time to time, it is your responsibility to carry out all necessary and appropriate checks, including but not limited to, identification, qualifications and previous experience, whether such checks are required by law or otherwise.


 

5.3. Client’s Obligations 

 

5.3 (a) You acknowledge and agree that subject to Clause 5.2 (e) and 5.2 (f) of the Client Terms we have no further obligation to vet and/or evaluate the suitability, qualifications and credentials of any Operatives appearing on or engaged via our Platform. 

 

5.3 (b) It is for the Client and each Operative to agree the terms of any Engagement. Any contract entered into, whether a contract for services or otherwise, will be entered into between the Client and the Operatives directly. 

 

5.3 (c) FF acts only as a Commercial Agent for both Clients and Operatives in communicating key terms of the Engagement such as, but not limited to, rate of pay, start/end date, engagement length, break length, location of engagement and description of Professional Services required/provided.

 

5.3 (d) The FF Platform provides Clients with three levels of access to enable them to allocate the necessary levels of access to their own internal staff:
 

  1. HQ Manager - This is the main Client Account. It has complete administrative control over its own Depot and all Depots across the country. Each Client is issued with only one HQ Manager account and the main functions allow HQ Managers to:
     

    1. Add and Remove any Depot;
       

    2. Add/Remove Users across all Depots;
       

    3. Post Shifts at their own Depot;
       

    4. Manage Shifts across all Depots;
       

    5. View all financial data across all Depots;
       

    6. View all usage and logistical data across all Depots and
       

    7. Make Wage and Service Fee Payments across all Depots.
       

  2. Depot Manager - A Depot Manager has administrative control solely within the Depot they operate however not over any other Depots and the main functions allow Depot Managers to:
     

    1. Add/Remove Users at their own Depot;
       

    2. Post Shifts at their own Depot;
       

    3. Manage Shifts at their own Depot;
       

    4. View all financial data at their own Depot;
       

    5. View all usage and logistical data at their own Depot and
       

    6. View Wage and Service Fee Payments owed at their own Depot.
       

  3. Shift Manager - A Shift Manager solely has control of the Shift and Operative information within the Depot they operate; however not over any financial information of their Depot nor over any information over any other Depot locations and the main functions allow Shift Managers to:
     

    1. Post Shifts at their own Depot;
       

    2. Manage Shifts at their own Depot and
       

    3. View all usage and logistical data at their own Depot.

 

5.3 (e) To access the FF Platform and use our services, we will register and create your HQ Manager account for you by obtaining & entering account information which includes but is not limited to:

 

  1. All required identifiers of your HQ Manager (Authorised Company Representative) which includes but is not limited to:
     

    1. First and Last Name,
       

    2. Email Address and
       

    3. Mobile Number.
       

  2. As well as the Company’s:
     

    1. Full Name,
       

    2. Email Address,
       

    3. Mobile Number and
       

    4. HQ Address (Usually the same location as where your HQ Manager works from).
       

  3. Pre-populated drop downs or Client Profile options and
     

  4. Documentation Uploads (by way of free-text or otherwise) (“User Content”).

 

5.3 (f) Subsequently, we will provide you with a link to complete the last 3 steps of your Account Creation Process. Through this link, you will have the opportunity to set up other Depots of your choosing, or you are at liberty to skip this step and add your Depots at a later time. Please note that depending on the Depot Subscription Plan you chose, some Clients may have the entire process completed for them, as part of the Onboarding & Setup element.

 

5.3 (g) The date that your account is created is your official “FF Client Registration Date”

 

5.3 (h) On registering an account, you will have created your own login credentials as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party.

 

5.3 (i) Upon registering an account, you will have the ability to add a secondary level of account security by turning on Two-Factor Authentication via the Settings Page under the heading “Password & Security”.

 

5.3 (j) You are responsible for the contents of your Client Profile. You warrant to us that any and all information contained in your Client Profile is true, accurate and not misleading in any way. It is your responsibility to ensure that all information in your Client Profile is accurate and up to date.

 

5.3 (k) You agree that by posting Shifts on our Platform you authorise Operatives to search and apply for your Shifts. 

 

5.3 (l) You agree that by posting Shifts directly to select Operatives, via our Platform, despite the potential of hiring a preferred Operative, you may limit yourself from accessing other available and qualified Operatives. 

 

5.3 (m) You warrant, represent and undertake to us that the description and detail of any Shifts submitted will be genuine, honest, truthful and accurately reflect the nature of the Shifts in all respects, including but not limited to, Professional Services required, location, qualifications required, supportive and relevant images and hours of work.

 

5.3 (n) You warrant, represent and undertake to us that your description of any Shifts submitted will not breach, or directly or indirectly cause us to breach, any anti-discrimination laws. Your description of any Shifts and the criteria required for the Engagement of any Operatives for such Shifts will not discriminate on the grounds of race, gender, disability or any other unlawful grounds.

 

5.3 (o) When posting any Shifts on the Platform you must provide the following information as a minimum:

 

  1. Task Type - Indicating the required task to be performed by an Operative;
     

  2. Shift Type - Indicating whether the Operative should:
     

    1. Meet you at your Depot First where they may need to pick up equipment Or
       

    2. Meet on Site where the Operative should perform Professional Services.
       

  3. Location - Indicating the location of your Depot or the location of the Site.
     

  4. Date and Time - Indicating when the Operative should perform Professional Services.
     

  5. First Choice Qualification - Indicating your minimum required qualification level.
     

  6. Operative Quantity - Indicating the number of Operatives required to perform Professional Services.
     

  7. Key Points - Indicating:
     

    1. Allowed paid/unpaid break duration (e.g. 1 hour)
       

    2. Shift specific critical information which, if omitted may cause the Operative to underperform, be in danger, or endanger others.
       

  8. Images - Indicating Shift specific critical information which, if omitted may cause the Operative to underperform, be in danger, or endanger others.

 

5.3 (p) FF reserves the right to facilitate wage payments between Client and Operative in any one of the following ways which may change in the future:
 

  1. FF may collect wage payments on behalf of our Industry Partners who hold the duty of paying wages to Operatives of that industry;
     

  2. FF may provide our Industry Partners’ details on our Platform, of which the Client has the obligation to pay wages of Operatives to that Industry Partner and/or
     

  3. FF may allow the Client to pay wages to Operatives through our payment Platform. We do not charge to use the payment Platform; however, we reserve the right to do so in the future. 

 

FF has no obligation to pay Operatives directly, however, we reserve the right to do so in the future. 

 

5.3 (q) All hours completed by Operatives are tracked, logged and displayed back to the Client within their Platform.
 

5.3 (r) Clients are only able to post Shifts, via the FF Platform, with start and end times which follow 30 minute intervals, on the hour and on the half hour. It is not possible, for example, to post a shift to start at 11:15 AM. The Client would have to choose either 11:00 AM or 11:30 AM.

 

5.3 (s) Clients are charged across 5 Pay Bands, depending on the shift duration they have selected. The table below outlines the 5 specific Pay Bands:

 

5.3 (t) 

​

 

5.3 (u) The above table transcends every industry FF operates in, unless a separate industry table is issued within a newer version of these Terms, which explicitly outline different parameters.

 

5.3 (v) Shifts lasting for more than 12 hours are charged by adding an extra hour, for every additional hour worked. (For example, for a 15 hour shift a Client will pay for 15 hours of work). 

 

5.3 (w) You are required to review the “Completed” section of your Planner as soon as possible to review that the Operatives Hours Worked are correct. Each manager level has different contractual roles to play to ensure Operatives are paid according to your agreed time frame which will be agreed in writing. Contractual roles include:
 

  1. HQ Managers are contractually obligated to review wages and “Make Payments” via online bank transfer or via our Payment Platform and upload their proof of payment via the FF Platform, in a timely manner;
     

  2. Depot Managers are contractually obligated to review wages and notify the HQ Manager in a timely manner, to ensure wage payments are made and proof of payments are uploaded in a timely manner and
     

  3. Shift Managers are contractually obligated to review completed Shifts and notify the Depot and/or HQ Managers in a timely manner, to ensure wage payments are made and proof of payments are uploaded in a timely manner.

 

5.3 (x) Upon Engaging Operatives to fulfil a Shift you agree that you will:

 

  1. Do so in accordance with the Terms;
     

  2. Ensure all necessary and appropriate insurances are in place to cover Operatives usage of any and all machinery, vehicles and equipment you require the Operative to use.
     

  3. Carry out risk assessments of the Professional Services to be undertaken and notify the Operatives immediately of any specific or potential hazards relating to the Engagement and any precautions the Operatives should take in relation to such risks;
     

  4. Not allow the Operatives to undertake any Professional Services that is hazardous without first undertaking a risk assessment and notifying the Operatives of any risks identified;
     

  5. Inform the Operatives of any applicable rules, policies or procedures relevant to the performance of any Professional Services at the Site at which they are to be performed (including but not limited to health and safety, Site and security policies, procedures and regulations);
     

  6. Notify us immediately if you are dissatisfied with the performance of Operatives regarding the Professional Services provided;
     

  7. Review the Operatives Hours Worked, within your Planner as soon as possible, but no later than 36 hours, following completion of the Shift;
     

  8. Unless notified of any dispute within 36 hours of submission, the Hours Worked shall be deemed to be conclusive proof of satisfactory performance by the Operatives for the Professional Services provided;
     

  9. Without limitation to the above, not commit any act or omission constituting unlawful discrimination against or harassment of any Operatives in connection with the performance of the Professional Services and
     

  10. Indemnify the Operative and/or FF against all losses incurred by the Operative and/or FF arising out of any negligence, be that gross negligence or otherwise, wrongful or fraudulent act or omission of the Client.

 

5.3 (y) Clients acknowledge and agree that any concerns about the behaviour or practice of Operatives will be escalated as per your local policy. 

 

5.3 (z) Clients must inform us of any ongoing concerns, allegations or investigations involving any Operatives identified or Engaged via our Platform.

 

5.3 (a.a) You warrant, represent and undertake to us that you are a genuine professional services corporation and that you are not a locum agency in any industry (whether acting as an employment agency or employment business or otherwise).

 

5.4 Rating System
 

5.4 (a) As part of the FF Commitment to Excellence model, After each shift, Clients are obliged to provide feedback, in the form of star ratings and potentially written feedback, for Operatives following an Engagement via the Platform. Clients can not post their next shift without Ratings being completed.

 

5.4 (b) Operatives will be rated across 3 individual parameters:

  1. Professionalism - How competent & polite was your Operative?

  2. Punctuality - How on time & organised was your Operative?

  3. Helpfulness - How supportive & positive was your Operative?

 

5.4 (c) Each operative opens their account with FF as a 5-Star Rated Operative, with zero Shifts completed. Client’s acknowledge that they should submit 5-star ratings unless there is a just, fair and reasonable reason to lower the Operatives rating.

 

5.4 (d) Star ratings will be directly shared with the corresponding Operative and presented across the Platform to other Clients who can make better informed decisions one whether or not to hire the Operative. Written feedback may be collected from the Client and shared directly and solely with the Operative.

 

5.4 (e) As part of the FF Commitment to Excellence model, After each shift, Operatives are obliged to provide feedback, in the form of star ratings and potentially written feedback, for Clients following an Engagement via the Platform. Operatives can not complete the next shift without Ratings being completed.

 

5.4 (f) Clients will be rated across 3 individual parameters:

  1. Professionalism - How professional were the managers & staff?

  2. Organisation - How organised was the depot, site & instructions?

  3. Vibe - How welcoming, positive & supportive was the experience?

 

5.4 (g) Each Client opens their account with FF as a 5-Star Rated Client, with zero Shifts completed. Operatives acknowledge that they should submit 5-star ratings unless there is a just, fair and reasonable reason to lower the Client’s rating.

 

5.4 (h) Star ratings will be shared with you and presented across the Platform to other Operatives who review your Shifts in pursuit of fulfilling shift vacancies. Written feedback may be collected at times and shared with yourself.


5.4 (i) Both ratings and written feedback may be viewable by other Clients at some point in the future as the FF releases newer versions of the Platform.

 

5.4 (j) The ratings you receive have a direct impact on the wage rates you pay. Below is a table which outlines how your ratings affect the wage rates you pay. Clients do not need to calculate any wage rates based on their ratings, the Platform calculates this automatically and ensures the wage rate you see for each shift is based on your ratings and is the amount you will be contracted to pay.

 

5.4 (k)

 

5.4 (l) The above table transcends every industry FF operates in, unless a separate industry table is issued within a newer version of these Terms, which explicitly outline different parameters.


 

5.5. Payments

 

5.5 (a) Once the Operatives Hours Worked have been approved, or Auto Approved where Hours Worked have been tallied in your Planner and has not been disputed by you within 36 hours, an invoice will be generated and issued to you on the agreed upon consistent basis covering your total obligations. The agreed consistent basis will be sent to the Client in writing.

 

5.5 (b) FF is obliged to issue a maximum of one consolidated summary invoice to Clients covering all the Hours Worked by all Operatives at a Client Location in any given week. Invoices will be made up of the following:

 

  1. Sums due in respect of any Hours Worked by Operatives and payable by the Client for any Engagement, including any Short Notice Cancellation Fees due; 

 

  1. Sums due in respect of any FF Service Fees, Subscription Fees and Cancellation Fees payable by the Client; 

 

  1. Sums due in respect of any Late Payment Charge; 

 

  1. Any other sums from time to time payable by the Client in accordance with this Agreement and/or as specified in the Engagement Details and/or the Platform and 

 

  1. VAT as applicable.

 

5.5 (c) Standard Payment terms for all invoices are 14 days after the date of the invoice unless otherwise agreed in writing.

 

5.5 (d) Wage payments will be paid, by the Client, as outlined in Clause 5.3 (p)

 

5.5 (e) Subscription Services will be selected and paid, by the Client, as a Direct Debit via findersforce.com.

 

5.5 (f) Any Additional Services will be paid, by the Client, directly to FF, via bank details provided separately, in writing.

 

5.5 (g) Late Payment Charges will apply under the Late Payment of Commercial Debts Act 1998, where statutory interest will be charged alongside additional fees. The full scope of charges include:
 

  1. Statutory Interest charged at the rate of 8%, annually;
     

  2. The Bank of England’s interest base rate (at time of writing: 3.5%), annually plus
     

  3. Any reasonable costs incurred, by FF, whilst recovering the debt. 

 

5.5 (h) For example:
 

  1. A Client’s invoice is £1,000;
     

  2. The Client pays 60 days late;
     

  3. FF has incurred £10 costs in recovering the debt;
     

  4. The total annual interest, which includes the Statutory Interest (8%) and Bank of England’s Interest (3.5%) comes to 11.5%;
     

  5. Yearly interest is calculated at: £1,000 x 0.115 = £115 interest added per year;
     

  6. Daily interest is calculated at: £115 / 365 days = 32p per day;
     

  7. 60 days late interest is calculated at: 32p x 60 late days = £19.20 interest;
     

  8. Total Late Payment Charge is calculated at: £19.20 interest + £10 costs incurred, therefore
     

  9. £29.20 = Total Late Payment Charge.


 

5.6. Acknowledgments And Liability 

 

5.6 (a) For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, FF is not an employment agency or employment business and we do not introduce or supply work seekers to hirers or hirers to work seekers. Instead FF is a Platform through which Operatives find ad-hoc Shifts for themselves and Clients find Operatives to work on ad-hoc Shifts.

 

5.6 (b) Throughout the running of our Platform, FF employs a “Commitment To Excellence” philosophy. This commitment is characterised where FF may seek to improve the quality and monitor the performance of available Operatives whilst reporting to and providing consultation to the Client in the following ways, which may alter from time to time: 

 

  1. Liaise with the Client to create Client Specific Training Courses which become accessible and mandatory to watch and complete, via our Platform, prior to Operatives becoming applicable to work on available Shifts;
     

  2. Provide foreman Site-checks in which a qualified authority, contracted to FF, checks the quality of work produced by an Operative on Site and
     

  3. Provide monthly reports of Client performance based on analytical data tracked through our Platform. 

 

The purpose of these quality assurance activities is to enhance the overall standard of service delivery provided to Clients and the working conditions for Operatives.

 

5.6 (c) Despite this Commitment To Excellence, FF is not liable or obligated to supervise and/or control the actions of any Operative. Nothing in these Terms shall in any way constitute any Operative as the employee or worker of FF.  FF shall not be responsible for supervising, monitoring or directing Operatives whilst working on an ad-hoc Shift and accordingly, only the Client is able to assess and insure against risks in respect of or during or arising out of the period for which the Operative is performing the Professional Services. 

 

5.6 (d) Clients are solely responsible for reviewing all applications submitted for any ad-hoc Shifts posted by the Client, and for negotiating and agreeing shift-related terms and arrangements relating to them. We shall have no responsibility for any engagement or employment decisions agreed by any Operative with any Client.

 

5.6 (e) The Client acknowledges that various service charges solely reflect only those services provided directly by FF and FF’s employees and/or partners and does not indicate acceptance of any liability for any Operative's acts or omissions at any time.

 

5.6 (f) For the purposes of the Payment Services Regulations 2009, we have the authority to act as an active commercial agent of the Client. As such we will negotiate and conclude how payments are made to the Operatives on your behalf.

 

5.6 (g) FF shall not be responsible for ensuring the suitability of any Operative or for the accuracy or validity of any FF Checks to the extent set out in Clause 5.2 (f) of the Client Terms. 

 

5.6 (h) FF shall not be liable for any Losses arising from: 

 

  1. Any failure to provide the Professional Services of the Operatives for all or part of the term of this agreement; 

 

  1. The negligent, wrongful, dishonest or fraudulent acts or omissions or misrepresentations of the Operatives, including, without limitation, any lack of skill or qualification of any Operatives; 

 

  1. The theft, destruction, deletion or damage of or to any data, computer systems or materials by any Operative;

 

  1. Any act or omission or misrepresentation (whether before or after the date of this Agreement) of any Operative; 

 

  1. Any special, indirect or consequential damages or loss or

 

  1. Any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by FF to perform any obligations under this Agreement. 

 

5.6 (i) Our total liability in respect of any breach of this Agreement shall not exceed the amount of cover provided for from time to time under our professional indemnity insurance.

 

5.6 (j) Nothing in this Agreement shall operate to exclude or limit FF’s liability for: 

 

  1. Death or personal injury caused by FF's negligence; 

 

  1. Its own fraudulent acts or omissions or 

 

  1. Any other liability which cannot, by law, be excluded. 

 

5.6 (k) The Client shall indemnify and keep indemnified FF against any Losses incurred by FF arising out of any breach of this Agreement by the Client. 

 

5.6 (l) You agree to indemnify, defend and hold harmless FF and its officers, subsidiaries, affiliates, successors, assigns, directors, partners, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by FF in connection with any claim by a third party (including an intellectual property claim) arising out of: 

 

  1. The User Content you upload, submit, post or transmit through the FF Platform, or
     

  2. Your use of the FF Platform or any of our available services in violation of these Terms or in violation of any applicable law.


 

5.7. General 

 

5.7 (a) If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect. 

 

5.7 (b) Only you and FF shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

 

5.7 (c) These Terms set out the entire agreement between you and us with respect to your use of the FF Platform and services and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us. 

 

5.7 (d) These Terms are governed by the Law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.

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End of Terms of Use.

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