STINT BUSINESS USER

APP TERMS AND CONDITIONS

This app is operated by Stint Ltd, a company registered in England under number 11022621, with its registered office at The Retreat, 406 Roding Lane South, Woodford Green, Essex, England, IG8 8EY. Stint Ltd operates as an employment business.

USE OF THE STINT BUSINESS APP IS SUBJECT TO THESE TERMS AND CONDITIONS.

1.Definitions and interpretation

1.1 AWR: Agency Workers Regulations 2010.

1. Booked Stint: a Stint which is booked but not yet begun.

2. Booked Student: a Student booked to be supplied by Stint Ltd to a Business to carry out a Stint.

3. Business: any user of the Stint Business App.

4. Business Day: a day other than a Saturday, Sunday or public holiday in England.

5. Completed Stint: a Stint which has been marked as completed on the Stint Platform.

6. Conduct Regulations: Conduct of Employment Agencies and Employment Business Regulations 2003.

7. Data Protection Laws: General Data Protection Regulation 2016, Data Protection Act 2018, and any other mandatory laws in the United Kingdom regarding data protection.

8. 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.

9. 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.

10. Stint: a single provision of services by a Student to a Business.

11. Stint Business App: the business version of the ‘Stint’ app.

12. Stint Cancellation Fee: the cancellation fee for a Stint calculated using the Stint Price List.

13. Stint Charges: the charges payable for a Stint, shown during the booking process, calculated using the Stint Price List.

14. 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 Stint Student App.

15. Stint Platform: the platform operated by Stint Ltd to enable Businesses and Students to use the Stint Business App and the Stint Student App to agree and administer Stints.

16. Stint Price List: the price list for Stints available via the Stint Business App.

17. Stint Record: the record of a Completed Stint as recorded by the Stint Platform and viewable in both the Stint Business App and the Stint Student App.

18. Stint Rep: the person identified to the Business for day to day contact and queries.

19. Stint Request: the request to find a Student for a Stint including the Stint Requirements.

20. 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 Stint Student App.

21. Stint Student App: the worker version of the ‘Stint’ app.

22. Student: an individual worker registered to use the Stint Student App.

23. User Rules: the rules referred to in clause 16.

1.2 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.

2. Terms

These terms and conditions 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.

3. Booking a Student for a Stint.

3.1 The Business shall use the Stint Business App to make Stint Requests.

3.2 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:

a) the type of work the Student will be doing;

b) where the Stint will be located;

c) the date and time the Stint will start and its expected finish;

d) the skills required for the work (including any necessary qualifications, authorisations or certifications);

e) (if higher than the Stint Price List) the hourly rate to be charged by Stint Ltd;

f) any particular risk to health or safety known to the Business and what steps the Business has taken to prevent or control such risks; and
g) any other information the Student would reasonably need to know about the Stint before agreeing to do it.

3.3 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).

3.4 Once a Stint Request is submitted, the Stint Platform’s algorithms consider which Students match the Stint Requirements and may have an interest in doing the Stint. The Business acknowledges that, as part of the registration process for the Stint Student App, Students 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.
3.
3.5 Once a Student has accepted the Stint Request (and becomes a Booked Student), the Stint Platform shall confirm to the Business via the Stint Business App:

a) That the Booked Student has accepted the Stint;

b) the identity of the Booked Student;

c) the Booked Student’s skills (including any necessary qualifications, authorisations or certifications); and

d) the applicable Stint Charges and when the Business will be billed for the Stint.

3.6 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).

3.7 The Stint Platform enables Businesses and Students to book Stints which, by their nature, will match lots of different workers with lots of different hirers for very short amounts of working time. Therefore, Stint Ltd and the Business anticipate:

a) that the ‘day 1’ AWR rights will arise (which the Business shall provide under clause 5.2(c)(iii)); and

b) that the ‘12 week’ AWR rights will not arise.

3.8 Notwithstanding clause 3.7(b), nothing in these terms and conditions relieve any party of their obligations under AWR, nor shall it prevent any party, or a worker, exercising their rights under AWR.

3.9 If the Business wishes to receive information on any Student’s AWR status as part of the booking process, please contact the Stint Rep.

3.10 The Business shall promptly respond to all requests by Stint Ltd or a Student in relation to AWR.

4. Before a Stint

4.1 The Business agrees that Stint Ltd may send a different Student to the Booked Student if the Booked Student becomes unavailable or is unwilling to perform the Stint or is no longer engaged by Stint Ltd.

4.2 The Business acknowledges that Stint Ltd’s ability to source Students is dependent on businesses going ahead with Booked Stints. Therefore, the Business agrees with our Stint Cancellation Fee policy. If a Stint is cancelled within 12-24 hours of the start time, a charge of 10% of the Stint fee is applied. If a Stint is cancelled within 6-12 hours of the start time, a charge of 20% of the Stint fee is applied. If a Stint is cancelled within 3-6 hours of the start time, a charge of 40% of the Stint fee is applied. If a Stint is cancelled within 1-3 hours of the start time, a charge of 50% of the Stint fee is applied. If a Stint is cancelled within 1 hour of the start time, a charge of 100% of the Stint fee is applied if the Stint length is 4 hours or less, or 85% of the Stint fee if the Stint length is over 4 hours. If a Stint is cancelled after it has started, then the charge is the full payment of the Stint.

5. During a Stint

5.1 For each Stint, the Business shall follow the instructions on the Stint Business App for identifying and checking in the Booked Student ready to carry out the Stint. The Business shall use the Stint Business App to scan the QR Code on the Student’s Stint Student App at the start of the Stint.

5.2 For each Stint the Business shall:


a) comply with the Stint Details;

b) provide all necessary and reasonable assistance, information, instruction and supervision to ensure the Booked Student can properly carry out the Stint;

c) in the same way it would for its own staff and/or visitors:

(i) comply with all applicable health and safely, site and security regulations applicable to the location at which the Booked Student will work;

(ii) ensure that any and all equipment, machinery and protective clothing at the location at which the Booked Student will work are in good order and suitable, safe and comply with all applicable laws and guidance;

(iii) provide the Booked Student with ‘day 1’ rights under the AWR; and

(iv) (if the Booked Student meets the requirements for such under the AWR) provide the Booked Student with ‘12 week’ rights under the AWR.

5.3 The Business acknowledges that the nature of employing students is that they may need guidance if they are doing a particular type of work or they lack experience for a particular skill. The Business shall promptly notify the Booked Student of any concerns it has with the satisfactory performance of the Stint and allow the Booked Student the opportunity to complete the Stint. If the Student has not showed any signs of improvement, the Business must be upfront and honest with the reason why they are choosing to send the Student home. Without this, we cannot guarantee a refund of the hours the Student has not worked.

5.4 The Business is obliged to provide Students with access to water, a place to leave their belongings, toilet facilities and proper equipment required to carry out their tasks effectively. A 20 minute break is also required if the Stint is 6 hours or longer.

5.5 The Business shall:

a) not do, or omit to do, anything which may cause a Booked Student, directly or indirectly, to be in breach of applicable law or damage the Booked Student’s reputation; and

b) not commit any act or omission constituting unlawful discrimination or harassment of any Booked Student in connection with any Stints or otherwise.

6. At the end of a Stint

6.1 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. In particular, the Business shall confirm the number of hours worked by the Booked Student.

6.2 If the Business is unable to confirm the number of hours the Booked Student worked, or the Business disputes the hours claimed by the Booked Student, the Business shall inform Stint Ltd of the reason immediately during working hours and in any event within 24 hours by contacting the Stint Rep.

6.3 Stint Ltd and the Business shall cooperate with each other to enable Stint Ltd to establish what hours the Booked Student 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 Stint Ltd’s records in the Stint Platform (unless there is a case of manifest error) shall be final.

6.4 The Business shall not decline to approve the hours worked on the basis that it is dissatisfied with the work performed by the Booked Student.

6.5 Continued work with Students

If you would like the Student to return to work at your Business, please contact your Stint Rep so this can be arranged. We cannot guarantee the Student will be available to return to work at your Business.

7. Stint Charges and Invoicing

7.1 The Business shall pay Stint Ltd for Stints calculated in accordance with the Stint Price List (Stint Charges). The Stint Charges comprise the Student’s pay and holiday pay, and includes Stint Ltd’s commission and a sum equating to employer’s National Insurance contributions.

7.2 The following conditions apply to the Stint Charges:

a) the minimum period of any Stint shall be one hour;

b) they are calculated with reference to the Stint Price List and according to the number of hours worked by the Student (rounded up to the nearest quarter hour) recorded on the Stint Platform;

c) If a student is sent home from a Stint early the Business will still be liable to pay the pre-booked time.

d) Stint Ltd shall charge the Business’s payment method within two days of a Stint or such other time as Stint Ltd may determine in its absolute discretion;

e) (other than where a Stint Cancellation Fee applies) no fee is incurred by the Business until the Student has commenced the Stint; and

f) the Business shall not be required to pay Stint Charges for any absences of a Booked Student where Stint Ltd does not provide a replacement Student.

7.3 Stint Ltd shall charge VAT to the Business, at the prevailing rate. Stint Ltd shall provide the Business with a VAT invoice for all Stint Charges.

7.4 If the Business 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 from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day in accordance with applicable law.

7.5 If, following an introduction by Stint Ltd of a Student to the Business, the Business hires the Student 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 Student via the Stint Platform for a period of 10 weeks (Extended Stint) before it engages the Student other than through Stint Ltd.

7.6 Where the Business decides (in accordance with clause 7.5) to have the Student supplied by Stint Ltd for the Extended Stint:

a) the Stint Charges payable by the Business during the Extended Stint shall be calculated in accordance with the Stint Price List (subject to any additional Stint Charges for AWR ‘12 week’ rights);

b) at the end of the Extended Stint, the Business may engage the Student directly without paying the Introduction Fee; and

c) if the Business chooses an Extended Stint, but engages the Student 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.

8. 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 Booked Students whilst provided by Stint Ltd to the Business.

9. Default and early termination

9.1 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 and (if such a breach is remediable) fails to remedy that breach within 30 days of receipt of notice in writing to do so.

9.2 Either party may terminate the Business’s use of the Stint Business App with immediate effect by giving the other party notice if:

a) such other party becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

b) such other party ceases or threatens to cease to carry on the whole or a substantial part of its business;

c) any distress or execution shall be levied upon such other party’s property or assets;

d) such other party shall make or offer to make any voluntary arrangement or composition with its creditors;

e) 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;

f) 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;

g) a receiver or administrative receiver is appointed over all or any of such other party’s undertaking, property or assets;

h) any bankruptcy petition is presented or a bankruptcy order is made against such other party;

i) an application is made for a debt relief order, or a debt relief order is made in relation to such other party;

j) such other party is dissolved or otherwise ceases to exist; or

k) 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.

9.3 Stint Ltd may suspend 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 to protect the rights and interests of Stint Ltd or any Student. During a suspension any cure period under clause 9.1 shall continue to apply.

9.4 Stint Ltd may terminate or suspend the Business’s use of the Stint Business App with immediate effect by giving the Business notice if:

a) the Business’s fails to provide a valid charging method for the purposes of clause 7.2(c) or the charging method does not work;

b) the Business repeatedly cancels Stints in breach of clause 4.2 and Stint Ltd reasonably considers that it should no longer make Students available to the Business; or

c) Stint Ltd reasonably believes that it is in the best interests of Students for Students no longer to be made available to the Business.

10. Effect of early termination

10.1 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.

10.2 Termination if 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.

11. About the Stint Business App

11.1 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.

11.2 Stint Ltd reserves the right to limit or suspend all or part of the services available via the Stint Business 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.

12. Announcements and marketing

Stint Ltd may use the Businesses name and brand it its marketing lists and materials provided 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 only the Business’s use of the Stint Business App, then the Business shall in good faith and acting reasonably agree an appropriate case study or white paper with Stint Ltd.

13. Audit and record-keeping

13.1 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).

13.2 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.

14. Confidentiality

14.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, 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.

14.2 Each party may disclose the other party’s confidential information:

a) 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

b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.3 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.

14.4 Nothing in this clause 14 shall prevent any person from reporting any reportable matter to the relevant authorities.

15. Data protection compliance

15.1 Each party shall comply with its obligations under the Data Protection Laws.

15.2 The Business acknowledges that, in relation to Stint Ltd’s database of workers (including Students), Stint Ltd is the data controller.

15.3 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 Students undertaking Stints) the Business is the data controller.

15.4 The Business shall not use any personal data of a student in any manner which is incompatible with the Stint Student Privacy Notice.

16. User Rules

16.1 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).

16.2 The User Rules are linked in the Stint Business App (“User Rules”) and set out the rules governing:
a) 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”);

b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content”); and

c) how you should behave towards other uses of the Stint Platform – on the app or in person (“Behaviour”).

16.3 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.

16.4 The Business is responsible for all use of the Stint Business App and Stints made by or on its behalf.

17. Intellectual Property Rights

17.1 All Intellectual Property Rights relating to the Stint Business App, its services 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 Students, may be licensors if they have provided the content concerned).

17.2 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 copy or make any part of the Stint Business App or its content or services available for access or use by any other person, except as expressly permitted by these terms and conditions or otherwise expressly authorised by Stint Ltd.

17.3 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.

17.4 Nothing in these terms and conditions shall, except as expressly stated, grant any licence of Intellectual Property Rights.

17.5 Nothing in these terms and conditions shall transfer any Intellectual Property Rights of any party or user to any other person.

17.6 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.

18. Warranties and indemnities

18.1 Each party warrants that:

a) 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

b) it shall comply with all applicable laws.

18.2 Except as expressly set out in these terms and conditions, neither Stint Ltd nor any of its partners or investors make any specific promises about the Stint Business App or its content or services.

18.3 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”.

18.4 The Business shall indemnify and keep indemnified Stint Ltd 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.

18.5 During a Stint a Booked Student is under the Business’s supervision and control. The Business is liable for all acts, errors or omissions of the Booked Student during the course of a Stint, whether wilful, negligent or otherwise.

19. Limitations of Liability

19.1 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 Students undertaking Stints, whether arising from contract, negligence or otherwise, shall be limited on a per Stint basis to 125% of the commission portion of Stint Charges paid by the Business to Stint Ltd.

19.2 Subject to clause 19.4, 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.

19.3 The limitation of liability for the indemnity in clause 18 shall be limited to the amount recoverable by Stint Ltd under insurance.

19.4 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.

19.5 Subject to clause 19.4, Stint Ltd shall not be liable for any loss, expense, damage or delay arising from the inability of the Business to find a Student match for a Stint using the Stint Business App.

19.6 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 Student, including any loss, expense, damage or delay arising from negligence, dishonesty, misconduct or lack of skill of a Student. Nothing in this clause 19.6 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.

20. App Store

20.1 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).

20.2 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.

20.3 Stint Ltd and the Business acknowledge that App Store is not responsible for providing any maintenance and support services for the Stint Business App.

20.4 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.

20.5 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.

20.6 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.

20.7 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.

20.8 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.

20.9 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.

21. General

21.1 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.

21.2 Stint Ltd may subcontract any of its rights or obligations (or both) without the prior written consent of the Business.

21.3 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.

21.4 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.

21.5 No variation of these terms and conditions shall be effective unless it is in writing and signed by or on behalf of a director of Stint Ltd. Each time the Business books a Student for a Stint, it is re-confirming its agreement to these terms and conditions.

21.6 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.

21.7 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 or a director 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).

21.8 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.

21.9 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.

Stint LTD – Student Terms and Conditions

AS A STUDENT USER OF THE STINT APP, THERE ARE TWO SETS OF TERMS AND CONDITIONS WHICH APPLY TO YOU.

HERE’S HOW IT WORKS:

WHEN YOU USE THE APP, THE STUDENT APP TERMS APPLY (see Part A below). By registering with the Stint App, you are agreeing to these.

DURING EACH STINT YOU MAY DO, THE STINT TERMS APPLY (see Part B below). Each time you agree to do a Stint, you are agreeing to these.

PLEASE READ BOTH SETS OF TERMS CAREFULLY

If you have any questions about the Student App Terms of the Stint Terms, please contact enquiries@stint.co.

YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [LINK TO PRIVACY NOTICE] and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Stint App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

CHANGES TO THE TERMS

We may need to change either sets terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will notify you of any changes in writing, and your continued use of the Stint App you serve as your agreement to be bound by such changes.

If someone else owns the phone or device you are using

If you download or stream the Stint App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

Part A: Student App Terms

These apply to your use of the Stint App, generally.

1. About Stint Ltd

The Stint App is operated by Stint Ltd (“we” or “us”), a company registered in England under number 11022621, with its registered office at 32 West Heath Drive, London NW11 7QH. For more information about Stint Ltd, see www.stint.co.

2. Definitions

In these terms and conditions:

Acceptable Use Policy: the policy set out in clause 9 (Acceptable Use Policy).

Business: any registered user of the business version of the Stint App.

Intellectual Property Rights: means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

Rate of Pay: the rate of pay for a Student for a Stint.

Stint: has the meaning given in clause 3.1 (About the Stint App).

Stint App: has the meaning given in clause 3.1 (About the Stint App).

Stint Details: has the meaning given in clause 7.3 (Finding Stints).

Stint Terms: the terms and conditions in Part B below.

Student: any User who is undertaking a Stint.

10. Student App Terms: these terms and conditions.
​11. User: any registered user of the student version of the Stint App.


3. About the Stint App

3.1 This app (the “Stint App”) is a platform which helps Users make themselves available to Businesses to do temporary, short-time, ad-hoc work (we call each individual job like this a “Stint”).

3.2 The Stint App is continually evolving (we think that’s a good thing), so we reserve the right to change it up a little, at any time. If you’ve got any feedback about how to make the Stint App better, let us know at support@stint.co. Thanks.

3.3 The Stint App relies on lots of third-party systems and services which we don’t run, so we cannot guarantee any specific uptime obligations. But we try hard to make the Stint App’s services available 24 hours a day, 7 days a week.

3.4 Sometimes the services on the Stint App will be unavailable. This could be for lots of different reasons: we could be doing maintenance, updating things.

3.5 We also might need to protect ourselves, for example to react to a security issue or if we think there might be something illegal going on. This might also mean that we ask you to update the Stint App to the most recent version, so please don’t forget to keep the Stint App updated.

3.6 We may also ask you to update your password periodically to help maintain security. If you don’t do that, you won’t be able to use the Stint App and you’ll need to do a password reset. Please choose a strong password.

3.7 If we reasonably believe any User to be in breach of our terms and conditions (including our Acceptable Use Policy), or suspect something illegal, then we reserve our right to suspend and/or terminate their use of the Stint App. So follow the rules and keep all use legal.

4. Conditions for using the Stint App

4.1 Anyone can download the Stint App, but Users can only use the Stint App to find Stints if they pass the checks which we are required to do to provide the services available through the Stint App.

4.2 You promise to provide us with all the original documents and information we need to carry out any checks, including for the purposes of the Immigration Asylum and Nationality Act 2006, the Immigration Act 2016 and other mandatory English law about reporting of labour movements, concealed employment and the employment of foreign workers. Let’s be really clear: if you don’t have the right to work, or if you can’t provide the documents and information to prove it, you can’t do Stints.

5. Our role in helping you find Stints

For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), in supplying the services available to you through the Stint App, Stint Ltd acts as an employment business in relation to the introduction and supply of Users to Businesses.

6. Keeping your profile and other relevant information up to date

6.1 By signing up to Stint, you confirm that you are a registered university student

6.2 To enable the Stint App’s programming to do its thing, you must complete and maintain an up to date profile, including:

a) identity;

b) contact details;

c) any experience which might be relevant to future Stints;

d) details of any training, certifications, qualifications and authorisations which might be relevant to future Stints

(together, your “Profile”).

6.3 Please also make sure that you inform us via the Stint App of any special needs or other issues that could affect your ability to do a Stint.​

7. Finding Stints

7.1 You acknowledge that the Stint App is a platform that connects Users and Businesses for temporary, short-time, ad-hoc work. The nature of this means that there may be periods when no Stints are available for any particular User, including you. The functionality and algorithms of the Stint App solely determine the suitability of a Stint as between a Business and a User. We are not responsible to you in any way if the Stint App doesn’t connect you to Businesses for Stints.

7.2 We are not obliged to offer a Stint to any User, including you, and you will not be obliged to accept any Stint offered by the Stint App.

7.3 When Businesses are trying to find Users for Stints, they are asked by their version of the Stint App to provide information like:

a) the position and the type of work the Stint involves;

b) the experience, training, qualifications and any authorisations are needed to do the Stint;

c) the location and hours of work for the Stint;

d) the date and time the person needs to start work and how long the Stint will last;

e) any risk to health or safety known to the Business and what steps the Business has taken to prevent or control such risks; and/or

f) any expenses payable by or to the User for the Stint

(together the “Stint Details”). If you are offered the opportunity for a Stint via the Stint App, you’ll see the Stint Details as the Business has provided them via their version of the Stint App. On your version of the Stint App, the Stint Details will also include the Rate of Pay being offered to Users for the Stint.

7.4 You acknowledge that as part of the process of trying to match you with a Business for a Stint, the Stint App will make available to the Business any information that may be in your Profile.

7.5 For each Stint that you may be offered, you can then choose whether to accept it. It’s up to you. That’s why we call it employment on demand.

7.6 If, either before or during the course of a Stint, you become aware of any reason why you may not be suitable for a Stint, you must tell us without delay.

8. Each Stint will be a separate contract for services

8.1 For each Stint that you actually do, a separate contract for services between you and Stint Ltd is formed, beginning at the point in time the Stint starts and ending at the point in time the Stint ends (each a “Stint Contract”).

8.2 For each Stint Contract the Stint Details together with the Stint Terms set out the entire agreement between Stint Ltd and you for the supply of your services to the Business.

8.3 The agreement contained in the Stint Contract constitutes a contract for services and not a contract of employment between Stint and you or you and the Business.

8.4 While you are not doing Stints, no Stint Contracts shall arise.

9. Important promises that you give to us

9.1 You promise to us that:

a) the information supplied to us under clause 4 and 6 is correct;

b) you will comply with the Acceptable User Policy;

c) for each Stint that you accept, you have the experience, training, qualifications and any authorisations are needed to do the Stint;

d) you are not prevented by any other agreement, arrangement, restriction or any other reason, from fulfilling your obligations under these terms and conditions; and

e) you have a valid and subsisting leave to enter and remain in the United Kingdom for the duration of your use of the Stint App and there are not (in relation to such leave) any conditions which may preclude or have an adverse effect on the Stint.

9.2 If you break any of these important promises, you will be in breach of these terms and conditions and we may suspend or terminate your use of the Stint App. But there could be other consequences for you too – for example, you can get into serious trouble if you do not have the right to work in the United Kingdom.

10. Acceptable Use Policy

10.1 This acceptable use policy (the “Policy”) sets out the rules governing your the use of the Stint App, any related app/website, and the services available on that app/website or any successor app/website (the “Services”); and the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (the “Content”).

10.2 General usage rules

a) You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

b) You must not use the Services:

(i)in any way that is unlawful, illegal, fraudulent or harmful; or

(ii) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

c) You must ensure that all Content complies with the provisions of this Policy.

10.3 Unlawful Content

a) Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

b) Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:

(i)be libellous or maliciously false;

(ii) be obscene or indecent;

(iii) infringe any Intellectual Property Rights;

(iv) infringe any right of confidence, right of privacy or right under data protection law;

(v) constitute negligent advice or contain any negligent statement;

(vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(vii) be in contempt of any court, or in breach of any court order;

(viii) constitute a breach of racial or religious hatred or discrimination legislation;

(ix) be blasphemous;

(x) constitute a breach of official secrets legislation; or

(xi) constitute a breach of any contractual obligation owed to any person.

c) You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaints.

10.4 Graphic material

a) Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.

b) Content must not depict violence in an explicit, graphic or gratuitous manner.

c) Content must not be pornographic or sexually explicit.

10.5 Factual accuracy

a) Content must not be untrue, false, inaccurate or misleading.

b) Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

10.6 Etiquette

a) Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

b) Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

c) Content must not be liable to cause annoyance, inconvenience or needless anxiety.

d) You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

e) You must not use the Services for the purpose of deliberately upsetting or offending others.

f) You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

g) You must ensure that Content does not duplicate other content available through the Services.

h) You must ensure that Content is appropriately categorised.

i) You should use appropriate and informative titles for all Content.

j) You must at all times be courteous and polite to other users of the Services.

10.7 Marketing and spam

a) You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

b) Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

c) You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.

d) You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, get rich quick schemes or similar letters, schemes or programs.

10.8 Monitoring

You acknowledge that we may actively monitor the Content and the use of the Services.

​10.9 Data mining

You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

10.10 Hyperlinks

You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

10.11 Harmful software

a) The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

b) The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

11. Intellectual Property Rights

11.1 All Intellectual Property Rights relating to the Stint App, its services 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 our licensors (and users of the Stint App, both Businesses and Users, may be licensors if they have provided the content concerned).

11.2 Stint Ltd grants Users a non-exclusive, limited licence to use the Stint App and access the services and content solely for Users’ personal non-business use, provided that you shall not:.
a) rent, lease, sub-license, loan, provide, or otherwise make available, the Stint App or the Services in any form, in whole or in part to any person without prior written consent from us;
b) not copy the Stint App, Documentation or Services, except as part of the normal use of the Stint App or where it is necessary for the purpose of back-up or operational security;
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the Stint App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Stint App and the Services on devices as permitted in these terms;
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Stint App or the 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 App to obtain the information necessary to create an independent program that can be operated with the Stint App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(i) 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
(ii) is not used to create any software that is substantially similar in its expression to the Stint App;
(iii) is kept secure; and
(iv) is used only for the Permitted Objective.

11.3 Each User 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 User, for the purposes of delivering its services and its own internal business purposes.

11.4 Nothing in these terms and conditions shall, except as expressly stated, grant any licence of Intellectual Property Rights.

11.5 Nothing in these terms and conditions shall transfer any Intellectual Property Rights of any party or user to any other person.

11.6 To the extent the Stint 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.

12. Exclusions and limitations

12.1 To the extent permitted by law, Stint Ltd and its licensors expressly disclaim all express or implied warranties, including but not limited to the implied warranties of fitness for particular purpose, merchantability, title or non-infringement. No act or statement by Stint Ltd or its personnel shall operate to make or constitute a warranty or representation.


12.2 To the extent permitted by law, Stint Ltd excludes all liability for damages arising out of or in connection with using the Stint App or its services or content, irrespective of whether it concerns direct, indirect, special or consequential damages or loss or any liability to or by a third party in any way arising under or in connection with the Stint App.

12.3 Nothing in these terms and conditions seeks to exclude or limit the liability of Stint Ltd to Users if that exclusion or limitation would be contrary to law.

13. App Store

13.1 The User has downloaded the Stint App from an app store and the User is subject to that app store’s terms and conditions, including any usage rules. This clause 13 sets out some terms and conditions which the User and Stint Ltd are required to agree to, specifically for the benefit of the operator of that app store (the “App Store”).

13.2 Stint Ltd and the User acknowledge that these terms and conditions are between Stint Ltd and the User, not with App Store. Stint Ltd, not App Store, is solely responsible for the Stint 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 User.

13.3 Stint Ltd and the User acknowledge that App Store is not responsible for providing any maintenance and support services for the Stint App.

13.4 Stint Ltd, and not App Store, is responsible for the warranties. If Stint Ltd fails to conform to an applicable warranty under these terms and conditions, the User may notify App Store, and App Store will refund the purchase price for downloading the Stint 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 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’ sole responsibility.

13.5 Stint Ltd and the User acknowledge that Stint Ltd, not App Store, are responsible for addressing any claims by the User or any third party relating to the Stint App or the possession and/or use of the Stint App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Stint App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.

13.6 Stint Ltd and the User acknowledge that, in the event of any third-party claim that the Stint App or the possession and use of the Stint 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.

13.7 The User represents and warrants that (i) the User 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 User is not listed on any U.S. Government list of prohibited or restricted parties.

13.8 Stint Ltd and the User acknowledge and agree that App Store, and App Store’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the User’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 User as a third-party beneficiary of their terms and conditions.

13.9 The license granted to the User in clause 11 (Intellectual Property Rights) for the Stint App is limited to using the Stint App on hardware and software as permitted under App Store’s applicable terms and conditions.

14. We May Collect Technical Data About Your Device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

15. We Are Not Responsible For Other Websites You Link To

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

16. General and interpretation

16.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.

16.2 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

16.3 A reference to a statute or statutory provision is a reference to it as amended, extended, transposed or re-enacted from time to time.

16.4 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

16.5 A reference to writing or written includes email but not fax.

16.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

16.7 A reference to terms and conditions or to any other agreement or document referred to in terms and conditions is a reference to the then-current version of the terms and conditions or such other agreement or document from time to time.

16.8 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.


16.9 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 a User’s use of the Stint App shall remain in force.

16.10 Termination or expiry of this contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.

16.11 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.

16.12 Notices made under these terms and conditions shall be in made in writing in accordance with clause‎ 16.13.

16.13 We may send notices to you by various means, including via the Stint App, SMS, WhatsApp, email or by post to the address you have provided to us. In respect of notices sent by you, we will usually direct you as to how to send these to us. Where we have not provided specific directions, please send any notices by email to enquiries@stint.co and copied to studentsupport@stint.co unless we direct you otherwise e.g. you are asked to provide a notice via the Stint App.

16.14 Without evidence of earlier receipt, communications made pursuant to clauses ‎16.12 and ‎‎16.13 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 or other form of electronic medium, 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).

16.15 Other than in relation to the App Store referenced in clause ‎13 (App Store), 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.

16.16 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.

Part B: Stint Terms

These apply to each Stint Contract between a Student and Stint Ltd, when a Student is undertaking a Stint.

1. Definitions

​1.1 In these terms and conditions:

1.2 Acceptable Use Policy: the Acceptable User Policy contained in the Student App Terms.

1.3 AWR 2010: the Agency Workers Regulations 2010 (SI 2010/93).

1.4 Business: the business user of the Stint App with whom a User has agreed to do the Stint, via the Stint App.

1.5 Calendar Week: shall have the meaning in regulation 7(4) of the AWR 2010.

1.6 Conduct Regulations 2003: the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319).

1.7 Confidential Information: any information or matter which is not in the public domain and which relates to the affairs of the Business or Stint Ltd or any of its of their business contacts.

1.8 Data Protection Laws: General Data Protection Regulation 2016, Data Protection Act 2018, and any other mandatory laws in the United Kingdom regarding data protection.

1.9 Guaranteed Stint: means a period of time during which a Student commits to being available to perform Stints as set out in clause 3 below.

1.10 Intellectual Property Rights: means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

1.11 Other Qualifying Payments: any remuneration payable to the Student (other than their basic hourly rate), which is not excluded by virtue of regulation 6 of the AWR 2010, such as any overtime, shift premium, commission or any bonus, incentive or rewards which are directly attributable to the amount or quality of work done by a Student and are not linked to a financial participation scheme (as defined by the AWR 2010).

1.12 Qualifying Period: means the 12-week qualifying period as defined in regulation 7 of the AWR 2010, subject to regulations 8 and 9 of the AWR 2010.

1.13 Qualifying Student: any Student who at the relevant time is entitled to the rights conferred by regulation 5 of the AWR 2010 and in particular has been provided to the Business (whether by Stint Ltd or any third party) for the Qualifying Period and in respect of whom Stint Ltd has complied with its obligations under clause 8 (Pay).

1.14 Rate of Pay: for each Stint, as recorded in the Stint Details (otherwise, the National Minimum Wage); will be paid for each hour worked during a Stint (to the nearest quarter hour), subject to any deductions that Stint is required to make by law and to any other deductions which the Student has specifically agreed can be made.


1.15 Relevant Period: has the meaning given in regulation 10(5) and (6) of the Conduct Regulations 2003.


1.16 Relevant Terms and Conditions: the relevant terms and conditions for any particular Qualifying Student as defined in regulation 6 of the AWR 2010.


1.17 Stint: the particular Stint identified in the Stint Details.


1.18 Stint App: has the meaning given in the Student App Terms.


1.19 Stint Contract: has the meaning given in clause 2 (Contract for Services).


1.20 Stint Details: means the details for an agreed Stint as recorded by Stint Ltd in its systems and viewable in both the Student’s version of the Stint App and the Business’s version of the Stint App.


1.21 Stint Ltd: a company registered in England under number 11022621, with its registered office at 32 West Heath Drive, London NW11 7QH.


1.22 Stint Terms: these terms and conditions.


1.23 Student: a User introduced and supplied by Stint Ltd to the Business to provide services to the Business not as an employee of the Business or Stint Ltd, who may be deemed to be an agency worker for the purposes of regulation 3 of the AWR 2010.


1.24 Student App Terms: the terms and conditions in Part A above.


1.25 Timesheet: a record posted on the relevant part of the Stint App, or such other system as is used by Stint Ltd to record the time and attendance details of Students on Stints, from which timesheets are generated.


1.26 User: has the meaning given in the Student App Terms.


2. Contract for services

2.1 For each Stint that a Student does, a separate contract for services between the Student and Stint Ltd is formed, beginning at the point in time the Stint starts and ending at the point in time the Stint ends (each a “Stint Contract”).


2.2 For each Stint Contract the Stint Details together with the Stint Terms set out the entire agreement between Stint Ltd and the Student for the supply of your services to the Business.


2.3 The agreement contained in the Stint Contract constitutes a contract for services and not a contract of employment between Stint and the Student or the Student and the Business.


2.4 If a User is not doing a Stint, no Stint Contracts shall arise.

2.5 The fact that Stint Ltd or a Business has offered you work, or offers you work more than once, shall not confer any legal rights on you and, in particular, should not be regarded as establishing entitlement to regular work or conferring continuity of employment.


3. Student’s obligations

3.1 The Student is not obliged to accept any Stint offered via the Stint App. If the Student does accept a Stint, the Student shall:

a) co-operate with the Business’s reasonable instructions and accept the direction, supervision and control of any responsible person in the Business’s organisation;

b) observe any relevant rules and regulations of the Business’s organisation (including normal hours of work) of which the Student has been informed or of which the Student should be reasonably aware;

c) co-operate with Stint Ltd in the completion and renewal of all mandatory checks, including in relation to the Student’s right to work in the United Kingdom;

d) take all reasonable steps to safeguard their own health and safety and that of any other person who may be present or be affected by their actions on the Stint and comply with the health and safety policies of the Business;

e) not engage in any conduct detrimental to the interests of Stint Ltd or the Business (including continuing to comply with standards comparable to the Acceptable Use Policy’s standards with respect to the Student’s behaviour towards the Business and its personnel and customers);

f) comply with all relevant statutes, laws, regulations and codes of practice from time to time in force in the performance of the Stint and applicable to the Business, including without limitation, laws protecting Intellectual Property Rights, confidential information, personal data and any equal opportunities or non-harassment policies.

3.2 By accepting a Stint, the Student is confirming that they are legally entitled to work in the UK without any additional immigration approvals and agree to notify Stint Ltd immediately if you cease to be so entitled at any time.


3.3 If the Student is unable for any reason to attend work during the course of a Stint, they should inform Stint Ltd as soon as possible.

3.4 Students are subject to Stint Ltd’s cancellation policy. This is kept up to date via our Frequently Asked Questions at www.stintstudent.com We have the right to apply the relevant penalty to any cancellation by a Student (e.g. 3-star, 2-star, 1-star ratings) or place to a Student’s account on hold if they cancel their Stint at short notice.

3.5 The Student may appeal a cancellation penalty, however all submissions must be approved and verified by a member of the Stint Ltd team.

3.6 The Business rates students from 1 to 5 stars, and our disciplinary process takes this into account.

3.7 Stint is not always able to get further feedback from a Business, and under no circumstance should a Student contact a Business about a review unless permitted by Stint Ltd beforehand.

3.8 We have the right to carry out disciplinary procedures or to terminate our relationship with a Student as a result of a Student’s behaviour on the platform which includes, but is not limited to: poor behaviour during a Stint (apparent either via a rating or comment on the app, or offline via feedback to the Stint team), poor record of Stint cancellation or rudeness to Stint Ltd staff.

3.9 Where a Student has committed a dishonest or illegal act (for example, failing to attend a Stint but intending to be paid for it) we have the right to terminate our relationship with such Student without notice.

3.10 When accepting a Stint, the Student will be told what time they need to arrive at the premises of the Business and what uniform is required for that particular Stint. If the Student does not adhere to the uniform requirements, or is late to their Stint, the Business has a right to turn away the Student. The Student will not be paid in such cases.

3.11 Guaranteed Stints

a) If the Student chooses to undertake a Guaranteed Stint slot, they are agreeing to the terms of that Guaranteed Stint slot. These include:

(i) the Student acknowledging that they are free and able to work for the duration of the Guaranteed Stint, and a commitment by the Student to keeping the time of the Guaranteed Stint slot free in order for the Student to accept Stints;

(ii) that the Student has access to the following uniform (as may be required by the Business) during their Guaranteed Stint slot: white collared shirt, black collared shirt, black plain t-shirt, black jeans with no rips, black formal trousers, black formal leather shoes, black clean trainers, black long socks;

(iii) should the student have not accepted a Stint before their Guaranteed Stint slot commences, the Student must check-in at the start of the slot. They must check in via the appropriate medium within 15 minutes of the slot start time;

(iv) the Student must be responsive during their Guaranteed Stint slot. This means responding to forms of communication by the Stint Team, such as Stint offers on the Stint App, messaging via WhatsApp or via a call, within 15 minutes. For ASAP Stints, the Student is expected to start traveling to relevant Business within 15 minutes of accepting the ASAP Stint.

(v) should the Student be offered a Stint or multiple Stints during a Guaranteed Stint slot, and fail to accept, either because their response was not within 15 minutes or they refuse the Stint for any reason other than extenuating circumstances, the student is no longer eligible to receive £20 (pursuant to clause ‎3.12). This would be regarded as an effective cancellation.

b) If the Student has not received any Stint offers for their Guaranteed Stint slot times (via the app or by other forms of communication), have been responsive and have had access to all the uniform required, they will be eligible for £20.

3.12 As a precaution for Students who do not turn up for a Stint, we require confirmation from you before you leave and when you arrive for your Stint. If we do not receive this confirmation, then we will send a replacement Student to the Business. If you turn up without confirming your journey or arrival, then the replacement Student will be kept on and you may be sent home.

3.13 By entering availability the User acknowledges that they are free and willing to work. The User must keep availability as up to date as possible.

3.14 If, either before or during the course of a Stint, the Student becomes aware of any reason why they may not be suitable for a Stint, they shall notify Stint Ltd without delay.

3.15 If the Student needs to raise any issues or concerns about a Stint, including any relating to health and safety, please contact studentsupport@stint.co.

4. Intellectual Property Rights

4.1 The Student acknowledges that all Intellectual Property Rights deriving from services carried out by the Student for the Business during the Stint shall belong to the Business. Accordingly, the Student shall sign all such documents and do all such acts as the Business shall from time to time require in order to give effect to the Business’s rights pursuant to this clause.

5. Confidentiality

5.1 In order to protect the confidentiality and trade secrets of Stint Ltd and the Business, the Student agrees not at any time:

a) whether during or after a Stint (unless expressly so authorised by the Business or Stint Ltd as a necessary part of the performance of their duties), to disclose to any person or to make use of any of the trade secrets or the Confidential Information of the Business or Stint Ltd; or

b) to make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Business or Stint Ltd except when required to do so in the course of the Student’s duties under a Stint, in which circumstances such copy abstract or summary would belong to the Business or Stint Ltd, as appropriate.


5.2 The restriction in clause ‎5.1 does not apply to:

a) any use or disclosure authorised by the Business or Stint Ltd or as required by law a court of competent jurisdiction or any governmental or regulatory authority;

b) any information which is already in, or comes into, the public domain otherwise than through the Student’s unauthorised disclosure; or

c) the making of a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996.

5.3 At the end of each Stint or on request the Student agrees to deliver up to the Business or Stint Ltd (as directed) all documents (including copies), ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Business which are in their possession, including any data produced, maintained or stored on the Business’s computer systems or other electronic equipment.

6. Data protection

6.1 Stint Ltd will collect and process information relating to the Student in accordance with the privacy notice (the “Privacy Notice”) which can be found at [INSERT LINK]. Students are required to agree to the terms of the Privacy Notice by clicking “Accept” in the relevant box in the Stint App.

6.2 If a Student is provided with personal data in relation to a Stint, the Student shall comply with all applicable Data Protection Laws.

6.3 Stint Ltd may terminate this contract immediately without notice if it reasonably considers that a Student has failed to comply with any relevant Data Protection Laws.

7. Timesheets

7.1 At the end of the Stint the Student shall via the Stint App complete Timesheet indicating the number of hours worked for authorisation by the Business via their version of the Stint App.

7.2 Subject to clause 7.3, Stint Ltd shall pay the Student for all hours worked on a weekly basis.

7.3 Where the Student fails to submit a Timesheet or the Timesheet is not authorised by the Business, any payment due to the Student may be delayed while Stint Ltd investigates (in a timely fashion) what hours, if any, were worked by the Student. Stint Ltd shall make no payment to the Student for hours not worked.

7.4 For the purposes of the WTR 1998, the Student’s working time shall only consist of those periods during which they are carrying out activities or duties for the Business as part of the Stint. Time spent travelling to the Business’s premises (with the exception of time spent travelling between two or more premises of the Business), lunch breaks and other rest breaks shall not count as part of the Student’s working time for these purposes. This clause 7.4 is subject to Stint Ltd’s obligations to provide the Student with the Relevant Terms and Conditions on completion of the Qualifying Period.

7.5 The Student acknowledges and accepts that it could be a criminal offence under the Fraud Act 2006 to falsify any time sheet, for example by claiming payment for hours that were not actually worked.

8. Pay

8.1 Subject to the Student submitting properly authorised Timesheets in accordance with clause 7, Stint Ltd shall pay the Rate of Pay to the Student until the Student completes the Qualifying Period. The Rate of Pay will be set out in the relevant Assignment Details for a particular Stint.

8.2 Subject to the Student submitting properly authorised Timesheets in accordance with clause 7, if the Student has completed the Qualifying Period on the start date of the relevant Stint or following completion of the Qualifying Period during the relevant Stint, Stint Ltd shall pay to the Student:

a) the Qualifying Period Rate of Pay; and

b) the Other Qualifying Period Payments,

which will be set out in the relevant Stint Details.

8.3 Subject to any applicable law, the Student is not entitled to receive payment from Stint Ltd or the Business for time not spent working on a Stint, whether in respect of holidays, illness or absence for any other reason, unless otherwise agreed.

8.4 If the Student accepts any Stint offered via the Stint App, as soon as possible before the commencement of each such Stint and during each Stint (as appropriate) and at any time at Stint Ltd’ request, the Student undertakes to:

a) inform Stint Ltd of any Calendar Weeks whether before the date of commencement of the relevant Stint or during the relevant Stint in which the Student has worked in the same or a similar role with the Business via any third party;

b) provide Stint Ltd with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by Stint Ltd; and

c) inform Stint Ltd if before the date of the commencement of the relevant Stint the Student has:

(i)completed two or more assignments with the Business;

(ii) completed at least one assignment with the Business and one or more assignments with a member of the Business’s group; or

(iii) worked in more than two roles during an assignment with the Business and on at least two occasions has worked in a role that was not the same role as the previous role.

8.5 If a Student has completed the Qualifying Period on the start date of the relevant Stint or completes the Qualifying Period during the relevant Stint, the Student will be informed of the Qualifying Period Rate of Pay if different from the Rate of Pay, together with the Other Qualifying Period Payments and the other Relevant Terms and Conditions to which the Student is now entitled under the AWR 2010.

8.6 If the Student considers that they have not received the Relevant Terms and Conditions on completion of the Qualifying Period, the Student may raise this in writing with Stint Ltd setting out as fully as possible the basis of their concerns. The Employment Business shall, within 28 days of receiving such request, provide the Student with a written statement setting out:

a) relevant information relating to the basic work and employment conditions of the workers of the Business;

b) the factors that Stint Ltd considered when determining such basic work and employment conditions; and

c) where Stint Ltd seeks to rely on the defence in regulation 5(3) of the AWR 2010, relevant information which:

(i) explains the basis on which it is considered that an individual is a comparable employee; and

(ii) describes the basic work and employment conditions which apply to that employee.

9. Termination

9.1 Stint Ltd, the Business or the Student may terminate the Stint at any time without prior notice or liability.

9.2 The Student acknowledges that the continuation of a Stint is subject to and dependent on the continuation of the agreement entered into between Stint Ltd and the Business. If that agreement is terminated for any reason, the Stint shall cease with immediate effect without liability to the Student, except for payment for work done up to the date of termination of the Stint.

9.3 Unless exceptional circumstances apply, the Student’s failure to inform the Business or Stint Ltd of their inability to attend work as required will be treated as termination of the Stint by the Student.

9.4 If the Student is absent during the course of a Stint and the Stint has not otherwise been terminated, Stint Ltd will be entitled to terminate the Stint in accordance with clause ‎9.1 if the work to which the Student was assigned is no longer available for whatever reason.

9.5 For the avoidance of doubt, on the termination of this contract (howsoever caused) you will not be entitled to any further payments from Stint Ltd other than any outstanding pay.

10. General and interpretation

10.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.


10.2 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

10.3 A reference to a statute or statutory provision is a reference to it as amended, extended, transposed or re-enacted from time to time.

10.4 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

10.5 A reference to writing or written includes email but not fax.

10.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

10.7 A reference to terms and conditions or to any other agreement or document referred to in terms and conditions is a reference to the then-current version of the terms and conditions or such other agreement or document from time to time.

10.8 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.

10.9 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 a User’s use of the Stint App shall remain in force.

10.10 Termination or expiry of this contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry.

10.11 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.

10.12 ​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 or a director 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).

10.13 ​We may send notices to you by various means, including via the Stint App, SMS, WhatsApp, email or by post to the address you have provided to us. In respect of notices sent by you, we will usually direct you as to how to send these to us. Where we have not provided specific directions, please send any notices by email to enquiries@stint.co and copied to studentsupport@stint.co unless we direct you otherwise e.g. you are asked to provide a notice via the Stint App.​

10.14 Without evidence of earlier receipt, communications made pursuant to clauses ‎10.12‎ and 10.13 ‎ 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 or other form of electronic medium, 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).

10.15 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.

10.16 ​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.

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