STINT BUSINESS USER
Terms and Conditions for the Stint Business App and the Supply of Stinters to a Business
This app is operated by Stint Ltd,
CHANGES TO THE TERMS
We may need to change these terms from time to time, including to reflect changes in law or best practice or to deal with additional features which we introduce to the Stint Business App or the Stinter App.
We will notify you of any changes in writing (which shall include by way of push notification), and your continued use of the Stint Business App serves as your agreement to be bound by such changes. Significant changes will be notified to you by email in advance.
Business Terms last updated in January 2023
USE OF THE STINT BUSINESS APP IS SUBJECT TO THESE TERMS AND CONDITIONS.
- Definitions and interpretation
In these terms and conditions:
- Automatic Payment: a method of payment, usually by standing order or direct debit, which enables Stint Ltd to debit the Business account or charge the Business credit card on an automatic basis in accordance with clause 7.2.
- AWR Agency Workers Regulations 2010.
- Booked Stinta Stint which is booked but not yet begun.
- Booked Stinter: a Stinter booked to be supplied by Stint Ltd to a Business to carry out a Stint.
- Business: any user of the Stint Business App.
- Business Day: a day other than a Saturday, Sunday or public holiday in England.
- Community Guidelines:Stint’s non-contractual guidelines to Businesses and Stinters on physical and mental safety during Stints.
- Completed Stint: a Stint which has been marked as completed on the Stint Platform.
- Conduct Regulations: Conduct of Employment Agencies and Employment Business Regulations 2003.
- Data Protection Laws: the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), Data Protection Act 2018, and any other mandatory laws in the United Kingdom regarding data protection.
- Documentation:the electronic documentation relating to the Stint Business App or the Stint Platform.
- Intellectual Property Rights: any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other intellectual property or proprietary rights.
- Relevant Period: has the meaning given in regulations 10(5) and (6) of the Conduct Regulations.
- Right To Work Laws: the right to work laws contained in Immigration Asylum and Nationality Act 2006, Immigration Act 2016, and any other mandatory laws regarding the checking and reporting of foreign workers’ rights to work in the United Kingdom.
- Stint: a single provision of services by a Stinter to a Business via the Stint Business App.
- Stint Business App: the business version of the ‘Stint’ app.
- Stint Cancellation Fee: the cancellation fee for a Stint set out in the Stint Cancellation Fee Policy and calculated as a percentage of the Stint Charges.
- Stint Cancellation Fee Policy: The policy applying to cancellation of Stints by Businesses as set out in clauses 4.3 to 4.5.
- Stint Charges: the charges payable for a Stint, calculated in accordance with the Stint Price or such other higher rate as agreed between the parties in writing, subject to any uplift on account of AWR ‘12 week’ rights.
- Stint Details: the agreed details for a Booked Stint as recorded by the Stint Platform and viewable in both the Stint Business App and the Stinter App.
- Stinter:an individual worker registered to use the Stinter App.
- Stinter App: the Stinter version of the ‘Stint’ app.
- Stint Platform: the platform operated by Stint Ltd to enable Businesses and Stinters to use the Stint Business App and the Stinter App to agree and administer Stints./li>
- Stint Price: the per hour price for Stints in accordance with the payment plan signed up to by the Business, subject always to Stint’s right to update the Stint Price from time to time, including to comply with applicable laws or legal requirements including but not limited to the AWR, the WTR, national minimum or living wage changes, inflation and/or changes to any tax law or regulations.
- Stint Record: the record of a Completed Stint as recorded by the Stint Platform and viewable in both the Stint Business App and the Stinter App.
- Stint Rep: the Stint representative identified from time to time to the Business for day to day contact and queries.
- Stint Request: a request by a Business to find a Stinter for a Stint in accordance with the Stint Requirements.
- Stint Requirements: the requirements for a Stint as recorded by Stint Ltd in the Stint Platform and viewable in both the Stint Business App and the Stinter App.
- User Rules: the rules referred to in clause 16.
- WTR: the Working Time Regulations 1998.
- A reference to a statute or statutory provision is a reference to it as amended, extended, transposed or re-enacted from time to time. A reference to writing or written includes email but not fax. A reference to these terms and conditions or to any other agreement or document referred to in these terms and conditions is a reference to the then-current version of these terms and conditions or such other agreement or document from time to time. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
These terms and conditions (or as amended) apply to the Business from date of sign-up to use the Stint Business App (by downloading and registering as a user of the Stint Business App), as recorded by Stint Ltd in the Stint Platform, until terminated in accordance with clause 9.
- Booking a Stinter for a Stint
- The Business shall use the Stint Business App to make Stint Requests. The Business shall only allow authorised personnel access to its Stint Business App account and shall keep its Stint Business App account details secure. Stint shall be entitled to assume that all Stint Requests are properly authorised by the Business.
When making a Stint Request, the Business shall provide complete and accurate information for the Stint Requirements as requested by the Stint Business App, including:
- The identity of the Business;
- The position the Stinter will be filling and type of work the Stinter will be doing;
- where the Stint will be located;
- the date and time the Stint will start and its expected finish;
- any particular risk to health or safety known to the Business and what steps the Business has taken to prevent or control such risks;
- any expenses payable by or to the Stinter for the Stint;
- any uniform requirements; and
- any other information the Stinter would reasonably need to know about the Stint before agreeing to do it.
- The Business shall ensure that all information provided via the Stint Business App or otherwise is accurate and up to date (and promptly update any information should it become inaccurate or out of date).
- Stint provides unskilled Stinters to perform unskilled work for temporary, short-term, ad-hoc work. If a Business requires Stinters with certain skills, experience, qualifications, authorisations or certificates, the Business must raise this with the Stint support team on an individual basis but there is no guarantee that Stint will be able to meet any such request.
- The Business is prohibited from using the Stint Business App to make Stint Requests in relation to Stints involving vulnerable persons (as defined in the Conduct Regulations).
- Once a Stint Request is submitted, the Stint Platform’s algorithms consider which Stinters match the Stint Requirements and may have an interest in doing the Stint. The process of matching Stinters to Stints is entirely automated and not controlled by Stint. The Business acknowledges that, as part of the registration process for the Stinter App, Stinters are subject to checks under the Right To Work Laws, and self-report their skills and the types of Stints they are potentially interested in. Stint has not verified any particular Stinter’s suitability for any particular Stint. The Business acknowledges that Stinters may be unskilled, inexperienced and untrained. The Business should not use the Stint Business App for seeking workers for skilled work or for roles where particular training, experience or qualifications are required. We confirm that we carry out appropriate checks to ensure that Stinters supplied for Stints have the right to work in the United Kingdom in accordance with the Right to Work Laws. Stint Ltd’s right to work checks must be supplemented by an identity check carried out by the Business the first time that any individual Stinter, who has not previously worked at the relevant Business site, arrives for a Stint. Further details of this check are provided below at clause 5.6.
Once a Stinter has accepted the Stint Request (and becomes a Booked Stinter), the Stint Platform shall confirm to the Business via the Stint Business App:
- that the Booked Stinter has accepted the Stint;
- the identity of the Booked Stinter;
- the Stinter’s rating on the Stint Platform; and
- the applicable Stint Charges and when the Business will be billed for the Stint.
- Nothing in these terms and conditions relieves any party of its obligations under AWR, nor shall it prevent any party, or a worker, exercising their rights under AWR.
- If the Business wishes to receive information on any Stinter’s AWR status as part of the booking process, please contact the Stint Rep.
- The Business shall promptly respond to all requests by Stint Ltd or a Stinter in relation to AWR.
- No-Shows and Cancellations
- The Business shall notify Stint Ltd without delay and within 4 hours of the Stint start time if a Booked Stinter fails to attend the Stint.
- The Business agrees that Stint Ltd may replace the Booked Stinter with a different Stinter if the Booked Stinter becomes unavailable, appears unwilling to perform the Stint, Stint reasonably considers the Booked Stinter will not arrive on time at the Stint, or the Booked Stinter is no longer engaged by Stint Ltd. The Business must accept any replacement Stinter provided by Stint who arrives in time for the Stint and meets the uniform requirements specified in the Stint Details. In the event that Stint sends a replacement for the Booked Stinter and the Booked Stinter later arrives at the Stint, the Business is expected to send the Booked Stinter away. If the Business opts to use the Booked Stinter’s services, the Business will be responsible for the charges due in respect of both the Booked Stinter and any replacement Stinter and must immediately inform the Stint Rep of its decision. For the avoidance of any doubt, in the event that a Booked Stinter does not arrive at a Stint and no replacement is provided, Stint Ltd will, in no circumstances, pay any compensation or other no-show fee to the Business.
- The Business acknowledges that Stint Ltd’s ability to source Stinters is dependent on businesses going ahead with Booked Stints and agrees not to cancel Booked Stints without good reason and to provide as much notice as possible of any cancellation. In the event of a cancellation, the Business agrees to pay the relevant Stint Cancellation Fee as set out in the Stint Cancellation Fee Policy below. Stint reserves the right to update and/or amend the Stint Cancellation Fee Policy from time to time on notice to the Business.
- The Stint Cancellation Fees set out in the table below apply to any cancellations of Stints in accordance with the specified length of notice. In the case of a Stint being reduced in length, the Stint Cancellation Fee shall be applied pro rata to the portion of the reduced hours.
|Notice of Cancellation (both total cancellations and reductions in length of Stint)||Stint Cancellation Fee: relevant percentage of Stint Charges payable|
|More than 24 hours of notice||No Stint Cancellation Fee|
|Less than 24 hours and up to 12 hours of notice||10%|
|Less than 12 hours and up to 6 hours of notice||20%|
|Less than 6 hours and up to 3 hours of notice||40%|
|Less than 3 hours and up to 1 hour of notice||65%|
|Less than 1 hour of notice||
100% if the Stint length is 4 hours or less
85% of the Stint Charges if the Stint length is over 4 hours
|During the course of the Stint||100%|
- For the avoidance of doubt, if a Stint is cancelled after it has started, then the Business must pay the Stint Charges in full, without deduction.
- During a Stint
- At the commencement of each Stint, the Business shall provide its QR Code from the Stint Business App to the Stinter for scanning into the Stinter App. This checks in the Stinter ready to carry out the Stint. The Business should not allow the Stinter to scan the check-in QR code until the Business has carried out its right to work “likeness” check as set out at clause 5.6 below. Stinters are directed not to commence work before the start time in the Stint Details. However, where a Stinter in fact works extra hours, whether before or after the Stint Details times, those hours will be included as overtime in the calculation of the Stint Charges.
For each Stint the Business shall:
- comply with the Stint Details;
- provide all necessary and reasonable assistance, information, instruction and supervision to ensure the Stintert can properly carry out the Stint;
- endeavour to ensure that staff members abide by our Community Guidelines ;
in the same way it would for its own staff and/or visitors:
- comply with all applicable health and safety, site and security regulations applicable to the location at which the Stinter will work and raise any health and safety procedures or policies to the attention of Stinters upon arrival at a Stint in a clear manner;
- ensure that any and all equipment, machinery and protective clothing at the location at which the Stinter will work are in good order and suitable, safe and comply with all applicable laws and guidance;
- provide the Stinter with ‘day 1’ rights under the AWR; and
- (if the Stinter meets the requirements for such under the AWR) provide the Stinter with ‘12 week’ rights under the AWR.
- The Business acknowledges that the nature of employing unskilled workers is that they may need guidance if they are doing a particular type of work as they may lack experience for a particular role. If a Business has a concern as to a Stinter’s performance of conduct, the Business should promptly give the Stinter a clear warning with a clear explanation of what needs to be done to resolve the Business’s concern and give the Stinter an opportunity to improve and complete the Stint. A Stinter may only be sent home for gross misconduct, breaching the Stint Community Guidelines or where the Business’s concerns have not been resolved following the procedure set out above. The Business must be upfront and honest as to the reason it is choosing to send the Stinter home. In the event that a Stinter is sent home the Business must notify the Stint Rep without delay and within 4 hours, explaining the reasons. Without this notification, we cannot guarantee that we will not charge the Business for the hours the Stinter has notworked. Stint
- The Business is obliged to provide Stinter with access to water, a place to leave their belongings, toilet facilities and proper equipment required to carry out their tasks effectively. Stinters must be given a 20 minute unpaid rest break if the Stint is longer than 6 hours.
The Business shall:
- not do, or omit to do, anything which may cause them, Stint or a Stinter, directly or indirectly, to be in breach of applicable law or damage Stint’s or the Stinter’s reputation;
- comply in all respects with all statutory provisions that apply to it in respect of the subject matter of these terms and as are in force from time to time including, for the avoidance of doubt, but not limited to the AWR, WTR, the Data Protection Laws, Health and Safety At Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended); and
- not commit any act or omission constituting unlawful discrimination or harassment of any Stinter in connection with any Stints or otherwise, including with respect to rating Stinters in the Stint Business App.
- The Business shall conduct a right to work “likeness” check on each Stinter that arrives for the first time at a new Business site. The Business shall do this by using the Stint Business App to verify whether there is a “likeness” between the identity of the Stinter that was verified by Stint Ltd during its initial right to work checks (as recorded in the photo on the Stint Business App under the link “check photo ID” in the Stinter profile) and the individual Stinter who has arrived at the Stint. If the Stinter’s “likeness” cannot be confirmed the Business will contact Stint Ltd customer service on email@example.com and shall not let the Stinter commence its Stint or scan the Businesses’ QR Code.
- If the Stinter has previously done a Stint at that Business site, then no check will be needed. If the Stinter had their right to work checked by Stint Ltd before 30 September 2022, then, in most cases, no “likeness” verification will need to be conducted by the Business. In such cases the Stinter’s photo will not surface on the Stint Business App.
- The Business shall ensure that its insurance policies, including Employer Liability and Public Liability are in line with market practice and adequately and sufficiently cover any potential liabilities which might arise out of a Stint or which might be owed to any Stinter and will maintain all such policies in force for the duration of these terms. The Business will comply with all terms and conditions of such policies and, in particular, with all notification provisions and timings. The Business shall notify Stint Ltd should any health and safety issues arise in respect to any Stinters and will deal with any claims brought by Stinters on a prompt basis, keeping Stint updated in all respects.
- If the Stinter does not adhere to the uniform requirements specified in the Stint Details, or arrives late to their Stint, the Business has a right to turn away the Stinter and not to pay the relevant Stint Charge. Such right must be exercised immediately and prior to the Stinter supplying any services to the Business. In the event that the Business decides to turn away a Stinter, the Business must inform the Stint Rep within 4 hours of taking such action, providing reasons.
- At the end of a Stint
- At the end of the Stint, the Business shall promptly follow the instructions on the Stint Business App to confirm that the Stint has ended. Stinters are required to confirm the amount of hours worked in any Stint in the Stinter App. Using the Stint Business App, Businesses must confirm the number of hours worked by the Stinter, including any overtime beyond the length of the Booked Stint (whether worked before or after the times in the Stint Details) in accordance with the timescales provided on the Business App (challenge period). Overtime claims will be reported to the Business via the Business App. Provided that the claim is not disputed by the Business within the challenge period, the relevant overtime hours will be invoiced to the Business and included in the next set of Stint Charges. Where a Business disputes any overtime claim, Stint will reasonably consider representations made and decide, at its sole discretion, whether to charge all the overtime hours, make a partial charge or to cancel the overtime charges in question.
- If the Business is unable to confirm the number of hours the Stinter worked, or the Business disputes the hours claimed by the Stinter, the Business shall inform Stint Ltd of the reason immediately during the Business’s normal working hours and in any event within 72 hours of the end of the Booked Stint (or of the time the Stinter inputs its hours into the Stinter App, if later) by contacting the Stint Rep.
- Stint Ltd and the Business shall co-operate with each other to enable Stint Ltd to correctly establish what hours the Stinter worked. Failure to approve the hours worked does not absolve the Business of its obligation to pay the Stint Charges in respect of the hours actually worked and the Stint Record, subject to any overtime claim, (unless there is a case of manifest error) shall be final and binding.
- The Business shall not decline to approve the hours worked on the basis that it is dissatisfied with the work performed by the Stinter.
- Stint Charges and Invoicing
- The Business shall pay Stint Ltd for Stints in accordance with the Stint Charges. The Stint Charges comprise the Stinter’s pay and holiday pay and includes Stint Ltd’s commission and a sum equating to employer’s National Insurance contributions. A Business is not permitted to pay any sums directly to any Stinters directly for Stints.
The following conditions apply to the Stint Charges:
- the minimum period of any Stint shall be two hours and any shorter period of time will be rounded up accordingly;
- any overtime worked beyond the length of the Booked Stint (whether worked before after the times in the Stint Details) will be included in the Stint Charges;
- Stint Charges are calculated in accordance with the Stint Price (unless a higher rate is agreed between the parties in writing) and according to the number of hours worked by the Stinter (rounded up to the nearest 15 minutes) in accordance with the Stint Record and any overtime claim;
- Where a Business has signed up to Automatic Payment Stint Ltd shall automatically debit the Business’s bank account or charge the Business’s credit card for Stint Charges incurred in the previous week on each following Monday or such other later time as Stint Ltd may determine in its absolute discretion. For Businesses signed up to Automatic Payment, each Monday shall be the due datefor due date for any invoice is the date outlined in the invoice;
- (other than where a Stint Cancellation Fee applies) no fee is incurred by the Business until the Stinter has commenced working; and
- the Business shall not be required to pay any Stint Charges where a Booked Stinter has not arrived and where Stint Ltd does not provide a replacement Stinter.
- Stint Ltd shall charge VAT to the Business on top of the Stint Charges, at the prevailing rate. Stint Ltd shall provide the Business with a VAT invoice for all Stint Charges.
- If any charge fails to go through using the relevant payment method, or the Business otherwise fails to make a payment due to Stint Ltd under these terms and conditions by the due date, then the Business shall pay interest on the overdue sum under the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until payment of the overdue sum, whether before or after judgment (or in accordance with any other interest terms and/or rates agreed with a particular Business). Interest under this clause will accrue each day in accordance with applicable law.
- If, following an introduction by Stint Ltd of a Stinter to the Business, within the Relevant Period the Business hires the Stinter directly then the Business shall pay Stint Ltd an introduction fee of £1,500 (Introduction Fee). In accordance with the Conduct Regulations, the Introduction Fee will not be payable if the Business gives written notice to Stint Ltd that it intends to hire the Stinter via the Stint Platform for a period of 10 weeks (Extended Stint) before it engages the Stinter other than through Stint Ltd. Introduction Fees are non-refundable.
Where the Business decides (in accordance with clause 7.5) to have the Stinter supplied by Stint Ltd for the Extended Stint:
- the Stint Charges payable by the Business during the Extended Stint shall be calculated in accordance with the Stint Price (subject to any additional Stint Charges for AWR ‘12 week’ rights);
- at the end of the Extended Stint, the Business may engage the Stinter directly without paying the Introduction Fee; and
- if the Business chooses an Extended Stint, and subsequently directly engages the Stinter before the end of the Extended Stint, the Introduction Fee may be charged by Stint Ltd, reduced proportionately to reflect the amount of the Extended Stint paid for by the Business.
- Tax and National Insurance
Stint Ltd shall be responsible for the deduction and payment of all tax and National Insurance contributions where such liability, assessment or claim arises or is made in connection with payments made by the Business in respect of any Stinters provided by Stint Ltd to the Business.
- Default and early termination
- Either party shall be entitled to terminate its use of the Stint Business App and any related agreements between the parties by giving not less than 30 days’ prior notice in writing to the other party.
- Without affecting any other right or remedy available to it, either party may terminate the Business’s use of the Stint Business App with immediate effect by giving written notice to the other party if a party commits a material breach of any term of these terms and conditions, including breaching our Community Guidelines, and (if such a breach is remediable) fails to remedy that breach within 30 days of receipt of notice in writing to do so.
Either party may terminate the Business’s use of the Stint Business App with immediate effect by giving the other party notice if:
- such other party becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- such other party ceases or threatens to cease to carry on the whole or a substantial part of its business;
- any distress or execution shall be levied upon such other party’s property or assets;
- such other party shall make or offer to make any voluntary arrangement or composition with its creditors;
- any resolution to wind up such other party (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) shall be passed, any petition to wind up such other party shall be presented and not withdrawn or dismissed within seven days or an order is made for the winding up of such other party;
- such other party is the subject of a notice of intention to appoint an administrator, is the subject of a notice of appointment of an administrator, is the subject of an administration application, becomes subject to an administration order, or has an administrator appointed over it;
- a receiver or administrative receiver is appointed over all or any of such other party’s undertaking, property or assets;
- any bankruptcy petition is presented or a bankruptcy order is made against such other party;
- an application is made for a debt relief order, or a debt relief order is made in relation to such other party;
- such other party is dissolved or otherwise ceases to exist; or
- the equivalent of any of the events described in (a) to (j) occurs in relation to such other party under the laws of any jurisdiction.
- Stint Ltd may indefinitely suspend, or terminate, the Business’s use of the Stint Business App upon notice with immediate effect if it reasonably believes the Business is in material breach of these terms and conditions or otherwise fails to protect the rights and interests of Stint Ltd or any Stinter, including on account of any failure to abide by our Community Guidelines. During a suspension any cure period under clause 9.2 shall continue to apply.
Notwithstanding anything provided above in this clause, Stint Ltd may terminate or suspend the Business’s use of the Stint Business App with immediate effect by giving the Business notice if:
- the Business fails to provide a valid charging method, the charging method does not work or the Business otherwise fails to pay any Stint Charges by the due date;
- the Business repeatedly cancels Stints in breach of clause 4.3 and Stint Ltd reasonably considers that it should no longer make Stinters available to the Business; or
- Stint Ltd reasonably believes that it is in the best interests of Stinters for Stinters no longer to be made available to the Business.
- Effect of early termination
- Any provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination of the Business’s use of the Stint Business App shall remain in full force and effect.
- Termination of the Business’s use of the Stint Business App shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.
- About the Stint Business App and Stint Platform
- Stint Ltd aims to make the services available via the Stint Business App available 24/7. The operation of the Stint Business App is subject to the availability of numerous third-party systems and services and, as such, Stint Ltd cannot guarantee any specific uptime obligations.
- The Stint Business App is continually evolving as we add further service improvements and we reserve the right to make amendments to it at any time. This might also mean that we ask you to update the Stint Business App to the most recent version or ask you to update your password periodically to help maintain security. If you fail to do so you may require a password reset.
- The Business must not allow anyone other than its permitted users acting in with the permissions granted to such users (as notified to Stint) to access the Stint Business App. The Business is responsible for ensuring that its permitted users keep their passwords or other access codes confidential and secure and do not act beyond the permissions granted to them.
- We are not responsible for events outside our control. If our provision of any services or support for the Stint Business App, Stinter App or Stint Platform or the Services is delayed by an event outside our control which causes an enduring and/or material detrimental impact then we will endeavour to contact all impacted Businesses as soon as possible and will take reasonable steps to minimise the effect of the delay on such Businesses. Provided we do this we will not be liable for delays caused by the event.
- As explained, the Stint Business App, Stinter App and Stint Platform rely on functionality and algorithms to determine the suitability of a Stint as between a Business and a Stinter. This process is automatic and not controlled by Stint. Furthermore, the functionality and algorithms may not always be reliable or may suffer downtime or be otherwise compromised. You agree that we are not responsible to you in any way (including for loss of profits) for the inability of the Business to find a suitable Stinter match for a Stint using the Stint Business App.
- Stint Ltd reserves the right to limit or suspend all or part of the services available via the Stint Business App or the Stinter App at any time for maintenance, security or other operational reasons. Where reasonably practicable Stint Ltd will notify users of any planned downtime through a message in the Stint Business App.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Stint Business App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Announcements and marketing
Stint Ltd may, with the prior written approval of the Business, use the Business’s name and brand in its marketing lists and materials used in the context of other business users of the Stint Business App. If Stint Ltd wishes to publish a case study or white paper about the Business’s use of the Stint Business App, then Stint Ltd will send the Business any drafts for the Business’s review, and will gain the Business’s written approval before such drafts are published. Stint Ltd will not need to provide drafts or gain approval for any case study or white paper which does not name the Business and which is drafted in a generic manner.
- Audit and record-keeping
- For the duration of a Stint and for a period of six years from a Completed Stint, each party shall keep such records as required by English law (including, in the case of Stint Ltd, the Conduct Regulations).
- Each party shall promptly on request and at the requesting party’s expense provide the other party or its representatives with copies of such records referred to in clause 13.1 as the requesting party may from time to time reasonably request for compliance with English law.
- Subject to clause 12, each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, staff, workers, customers, users or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 14.2.
Each party may disclose the other party’s confidential information:
- to its employees, officers, representatives, advisers or investors who need to know such information for the purposes of carrying out the party’s obligations under these terms and conditions. Each party shall ensure that its employees, officers, representatives, advisers or investors to whom it discloses the other party’s confidential information comply with this clause 14; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- No party shall use any other party’s confidential information for any purpose other than to perform its obligations under or in connection with these terms and conditions.
- Nothing in this clause 14 shall prevent any person from reporting any reportable matter to the relevant authorities.
- Data protection compliance
- Each party shall comply with its obligations under the Data Protection Laws.
- The Business acknowledges that, in relation to Stint Ltd’s database of workers (including Stinters), Stint Ltd is the data controller.
- Stint Ltd acknowledges that, in relation to the Business’s own internal business systems recording the names and other personal data relating to employees and workers (including details of any Stinters undertaking Stints) the Business is the data controller.
- The Business shall keep Stinter personal data confidential and secure and shall not use any personal data of a Stinter in any manner which is incompatible with the Stint Privacy Notice and shall ensure that its authorised personnel abide by the provisions of this clause 15.
We May Collect Technical Data About Your Device
- By using the Stint Business App, you agree to us collecting and using technical information about the devices you use the Stint Business App on and related software, hardware and peripherals to improve our products and to provide any services to you.
- User Rules
- References in this clause 16 to “you” are to the Business and any individual person using the Stint Business App by or on the Business’s behalf (and “your” should be read accordingly).
The User Rules are available by a link from the Stint Business App (“User Rules”) and set out the rules governing:
- the use by you of the Stint Business App, any related website, and the services available on that app/website or any successor app/website (“Services”);
- the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content”); and
- how you should behave towards other uses of the Stint Platform – on the app or in person (“Behaviour”).
- In relation to all Services, Content, and Behaviour, the Business shall, and shall ensure any individual person using the Services by or on the Business’s behalf shall, comply with the User Rules.
- The Business is responsible for all use of the Stint Business App and Stints made by or on its behalf.
- Intellectual Property Rights
- All Intellectual Property Rights relating to the Stint Business App, its services, the Documentation or any content (including text, graphics, software, algorithms, photographs and other images, videos, sound, trade marks and logos, look and feel) are owned by Stint Ltd or its licensors (and users of the Stint Business App, both Businesses and Stinters, may be licensors if they have provided the content concerned).
Stint Ltd grants the Business a non-exclusive, limited licence to use the Stint Business App and access the services and content solely for its own internal business purposes, provided that the Business shall not:
- rent, lease, sub-license, loan, provide, or otherwise make available, the Stint Business App or its services in any form, in whole or in part to any person without prior written consent from us;
- copy the Stint Business App, its services or the Documentation, except as part of the normal use of the Stint Business App or where it is necessary for the purpose of back-up or operational security;
- translate, merge, adapt, vary, alter or modify, the whole or any part of the Stint Business App, its services or the Documentation nor permit the Stint Business App or its services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Stint Business App and its services on devices as permitted in these terms;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Stint Business App or its services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Stint Business App to obtain the information necessary to create an independent program that can be operated with the Stint Business App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Stint Ltd’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Stint Business App;
- is kept secure; and
- is used only for the Permitted Objective.
- The Business, on its behalf and on behalf of all its users, grants to Stint Ltd a worldwide, royalty-free right to ingest, adapt, copy, communicate to the public and otherwise use and exploit any materials provided to Stint Ltd by or on behalf of the Business or its users, for the purposes of delivering its services and its own internal business purposes.
- Nothing in these terms and conditions shall, except as expressly stated, grant any licence of Intellectual Property Rights.
- Nothing in these terms and conditions shall transfer any Intellectual Property Rights of any party or user to any other person.
- To the extent the Stint Business App or any of its services use any open source software, the applicable open source licence shall govern any use of such open source software.
- Warranties and indemnities
Each party warrants that:
- it has full capacity and authority to enter into and perform these terms and conditions (and any individual user of the Business agreeing to these terms and conditions on behalf of their employer or any other person, business or organisation, confirms that they have full legal authority to do so and that such employer, business or organisation will be bound by these terms and conditions); and
- it shall comply with all applicable laws.
- Except as expressly set out in these terms and conditions, neither Stint Ltd nor any of its employees, officers, representatives, partners or investors make any specific promises about the Stint Business App or its content or services.
- Stint Ltd does not warrant that any of its services will be secure, accurate, uninterrupted or error free or that they will meet the Business’s specific requirements. For example, Stint Ltd does not give any warranties about the specific functions of the Stint Business App, or their reliability, availability, or ability to meet the Business’s needs. Stint Ltd provides the Stint Business App “as is”. The Business shall indemnify and keep Stint Ltd indemnified against any costs, claims or liabilities incurred directly or indirectly by Stint Ltd (along with any fees or charges associated with the said liabilities) arising out of or in connection with any Stint or arising out of any non-compliance with or breach of these terms and conditions by the Business.
- During a Stint a Stinter is under the Business’s supervision and control. The Business is liable for all acts, errors or omissions of the Stinter during the course of a Stint, whether wilful, negligent or otherwise. We, at Stint Ltd, cannot control anything that happens during a Stint and cannot take responsibility for any liabilities arising from the conduct of Stinters and are not responsible for any liability owed to a Stinter by the Business arising out of anything that occurs during a Stint.
- Limitations of Liability
- Subject to clauses 19.2, 19.3, and 19.4, the total liability of Stint Ltd in connection with any services provided via the Stint Business App or Stinters undertaking Stints, whether arising from contract, negligence or otherwise, shall be limited to the lower of £5,000 and the total Stint Charges paid by the Business to Stint Ltd in the three month period prior to the liability arising.
- Subject to clause 19.3, Stint Ltd shall not be liable for any indirect or consequential loss or loss, or for any loss of profit, loss of data, loss of business opportunity, loss of anticipated savings, or goodwill.
- The exclusions and limitation of liability set out in clause 19 do not apply to: (a) liability arising from death or injury to persons caused by negligence; (b) the Business’s obligation to pay the Stint Charges; (c) liability arising as a result of fraud; and (d) anything else which cannot be excluded or limited by applicable law, to which no limit applies.
- Subject to clause 19.3, Stint Ltd shall not be liable for any loss, expense, damage or delay arising from the inability of the Business to find a Stinter match for a Stint using the Stint Business App, from any failure to provide a Stinter for all or part of any Stint or if the Stinter fails to arrive at a Stint or terminates a Stint for any reason, or from any failure of any Stinter to pass a right to work “likeness” verification carried out by the Business.
- Notwithstanding anything else in these terms and conditions or in the Stint Business App, Stint Ltd shall not be liable for the acts or omissions of any Stinter whether during or outside of a Stint, including any loss, expense, damage or delay arising from negligence, dishonesty, misconduct or lack of skill of a Stinter or arising out of a Stinter’s use of social media. Stinters are asked not to write reviews of Businesses of staff members otherwise than in accordance with the Stinter App Business ratings system. However, the Business acknowledges that compliance with this is wholly outside of our control and responsibility. Nothing in this clause 19.5 shall limit Stint Ltd’s liability arising from death or injury to persons caused by its negligence, or for anything else which cannot be excluded or limited by applicable law, to which no limit applies.
- App Store
- The Business has downloaded the Stint Business App from an app store and the Business is subject to that app store’s terms and conditions, including any usage rules. This section 20 sets out some terms and conditions which the Business and Stint Ltd are required to agree to, specifically for the benefit of the operator of that app store (App Store).
- Stint Ltd and the Business acknowledge that these terms and conditions are between Stint Ltd and the Business, not with App Store. Stint Ltd, not App Store, is solely responsible for the Stint Business App and its content. If these terms and conditions are more restrictive than App Store’s applicable terms and conditions, the less restrictive term will apply to the Business.
- Stint Ltd and the Business acknowledge that App Store is not responsible for providing any maintenance and support services for the Stint Business App.
- Stint Ltd, and not App Store, is responsible for the warranties set out in section 18. If Stint Ltd fails to conform to an applicable warranty under these terms and conditions, the Business may notify App Store, and App Store will refund the purchase price for downloading the Stint Business App (if any); other than that, and to the maximum extent permitted by applicable law, App Store will have no other warranty obligation whatsoever with respect to the Stint Business App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty by Stint Ltd will be Stint Ltd’s sole responsibility.
- Stint Ltd and the Business acknowledge that Stint Ltd, not App Store, are responsible for addressing any claims by the Business or any third party relating to the Stint Business App or the possession and/or use of the Stint Business App, including, but not limited to: (i) product liability claims; (ii) any claim that the Stint Business App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Stint Ltd and the Business acknowledge that, in the event of any third-party claim that the Stint Business App or the possession and use of the Stint Business App infringes that third party’s Intellectual Property Rights, Stint Ltd, not App Store, will be solely responsible for the investigation, defence, settlement and discharge of any such Intellectual Property Rights infringement claim.
- The Business represents and warrants that (i) the Business is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the Business is not listed on any U.S. Government list of prohibited or restricted parties.
- Stint Ltd and the Business acknowledge and agree that App Store, and App Store’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon the Business’s acceptance of these terms and conditions, App Store will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against the Business as a third-party beneficiary of their terms and conditions.
- The license granted to the Business in clause 17 for the Stint Business App is limited to using the Stint Business App on hardware and software as permitted under App Store’s applicable terms and conditions.
- The Business shall not, without the written consent of Stint Ltd (which shall not be unreasonably withheld or delayed), transfer, grant any security interest over or hold on trust any of its rights or obligations under these terms and conditions or any interest in them.
- Stint Ltd may subcontract any of its rights or obligations (or both) without the prior written consent of the Business.
- Nothing in these terms and conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties. No party shall have the authority to bind the other party or to contract in the name of, or create a liability against, the other party in any way or for any purpose.
- These terms and conditions constitute the entire agreement between the parties, and replace all previous agreements and understandings between them, relating to its subject matter.
- Each time the Business books a Stinter for a Stint, it is re-confirming its agreement to these terms and conditions.
- The rights and remedies expressly conferred by these terms and conditions are cumulative and additional to any other rights or remedies a party may have.
- Subject to anything else provided in these terms, notices under these terms and conditions shall be in writing and delivered by hand or sent by recorded delivery post to the relevant party at its address as set out in these terms and conditions or to the email address provided by the relevant party. Without evidence of earlier receipt, communications are deemed received: if delivered by hand, at the time of delivery; if sent by recorded delivery, at 9.00 am on the second Business Day after posting; or, if sent by email, at the time of transmission, and in the case of post or email it shall be sufficient to prove that the communication was properly addressed and posted or transmitted (in the case of email by way of delivery receipt message).
- Other than in relation to the App Store referenced in clause 20, the parties do not intend any third party to have the right to enforce any provision of these terms and conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- These terms and conditions and any non-contractual obligations arising in connection with it are governed by and construed in accordance with English law, and the English courts have exclusive jurisdiction to determine any dispute arising in connection with these terms and conditions, including disputes relating to any non-contractual obligations.