Terms & Conditions

STINT BUSINESS USER

Terms and Conditions for the Stint Business App and the Supply of Stint Students to a Business.

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.

CHANGES TO THE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce to the Stint Business App or the Stint Student 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.

PRIVACY

Under data protection legislation, we are required to provide certain information about who we are, how we process personal data and for what purposes and the rights of data subjects in relation to personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that Businesses read that information. Businesses are required to agree to the terms of the Privacy Notice by clicking “Accept” in the relevant box in the Stint Business App. If you do not accept the terms of the Privacy Notice you will not be permitted to use 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.

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

1. Definitions and interpretation
1.1 AWR: Agency Workers Regulations 2010.

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

Booked Student: a Student 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 Students 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: General Data Protection Regulation 2016, Data Protection Act 2018, and any other mandatory laws in the United Kingdom regarding data protection.

Documentation: The electronic documentation relating to the Stint App.

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.

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 Student 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 ‎3 and ‎4.4.

Stint Charges: the charges payable for a Stint, shown during the booking process, calculated using the Stint Price List, or, if higher, on the basis of the hourly rate specified in the Stint Details.

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.

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.

Stint Price List: the price list for Stints available via the Stint Business App which is updated from time to time, including to comply with applicable laws or legal requirements including but not limited to the AWR, the WTR and national minimum or living wage changes.

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.

Stint Rep: the Stint representative identified from time to time to the Business for day to day contact and queries.

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

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

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

User Rules: the rules referred to in clause ‎16.

WTR: the Working Time Regulations 1998.

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. Term

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. The Business shall only allow authorised personnel access to its Stint Business App account and shall otherwise keep its Stint Business App account details secure. Stint shall be entitled to assume that all Stint Requests are properly authorised by the Business.

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 identity of the Business;

(b) The position the Student will be filling and type of work the Student will be doing;

(c) where the Stint will be located;

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

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

(f) (if higher than the Stint Price List) the hourly rate for the Stint;

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

(h) any expenses payable by or to the Student for the Stint;

(i) any uniform requirements; and

(j) 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 process of matching Students to Stints is entirely automated and not controlled by 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. Stint has not verified any particular Student’s suitability for any particular Stint. The Business acknowledges that Students may be unskilled, inexperienced and untrained. The purpose of the Stint Business App is to provide Students to the Business for unskilled work suited to the student body. 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.

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 2(c)(iii)); and

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

3.8 Notwithstanding clause 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 shall notify Stint Ltd immediately and without delay if a Booked Student fails to attend the Stint.

4.2 The Business agrees that Stint Ltd may replace the Booked Student with a different Student if the Booked Student becomes unavailable, appears unwilling to perform the Stint, Stint reasonably considers the Booked Student will not arrive on time at the Stint, or the Booked Student is no longer engaged by Stint Ltd. The Business must accept any replacement Student provided by Stint who arrives in time for the Stint and meeting the uniform requirements specified in the Stint Details. In the event that Stint sends a replacement for the Booked Student and the Booked Student later arrives at the Stint, the Business is expected to send the Booked Student away. If the Business opts to use the Booked Student’s services, the Business will be responsible for the charges due in respect of both the Booked Student and any replacement Student and must immediately inform the Stint Rep of its decision.

4.3 The Business acknowledges that Stint Ltd’s ability to source Students 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. Furthermore, 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.

4.4 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 by the Stint Charges in full, without deduction.

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) endeavour to ensure that staff members abide by our Community Guidelines;

(d) 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 as they may lack experience for a particular role. If a Business has a concern as to a Student’s performance of conduct, the Business should promptly give the Student a clear warning with a clear explanation of what needs to be done to resolve the Business’ concern and give the Student an opportunity to improve and complete the Stint. A Student may only be sent home for gross misconduct, breaching the Stint Community Guidelines or where the Business’ concerns have not been resolved following the procedure set out above. The Business must be upfront and honest as to the reason why they are choosing to send the Student home. In the event that a Student is sent home the Business must inform the Stint Rep without delay, explaining the reasons. Without this, we cannot guarantee a refund of the hours the Student has not worked. Stint Ltd may, in its absolute discretion, in such circumstances, reduce or cancel the Stint Charges for the time worked by that Student, provided that the Business provides immediate notice to Stint Ltd that they have asked the Student to leave the Stint.

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. For Students over 18, a 20 minute break is required if the Stint is 6 hours or longer and for Students under age 18, a 30 minute break is required if the Stint is 4.5 hours or longer.

5.5 The Business shall:

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

(b) 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

(c) not commit any act or omission constituting unlawful discrimination or harassment of any Student in connection with any Stints or otherwise, including with respect to rating Students in the Stint Business App.

5.6 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 Student.

5.7 If the Student 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 Student and not to pay the relevant Stint Charge. Such right must be exercised immediately and prior to the Student supplying any services to the Business. In the event that the Business decides to turn away a Student, the Business must inform the Stint Rep immediately, providing reasons.

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. Students are required to confirm the amount of hours worked in any Stint in their version of the Stint App. Using the Stint Business App, Businesses must confirm the number of hours worked by the Booked Student, including any overtime beyond the length of the Booked Stint in accordance with the timescales provided on the Business App.

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 the Business’ normal working hours and in any event within 72 hours of the end of the Booked Stint (or of time the Student inputs its hours into the Stint App, if later) by contacting the Stint Rep.

6.3 Stint Ltd and the Business shall co-operate with each other to enable Stint Ltd to correctly establish what hours the Booked Student 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 (unless there is a case of manifest error) shall be final and binding.

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.

Continued work with Students

6.5 If you would like the Student to return to work at your Business or require the same Student for a series of linked Stints, please contact your Stint Rep to see if this can be arranged. We cannot guarantee the same 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 in accordance with the 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 Businesses are not permitted to pay any charges directly to any Students other than third party tips earned by the Student during the Stint.

7.2 The following conditions apply to the Stint Charges:

(a) the minimum period of any Stint shall be one hour and any shorter period of time will be rounded up accordingly;

(b) any overtime worked beyond the length of the Booked Stint, will be rounded up to the nearest 15 minutes;

(c) Stint Charges are calculated with reference to the Stint Price List (unless the hourly rate specified in the Stint Details is higher than the Stint Price List rate) and according to the number of hours worked by the Student (rounded up to the nearest quarter hour) in accordance with the Stint Record;

(d) Except where a student is turned away pursuant to clause ‎7, if a student is sent home from a Stint early the Business will still be liable to pay the pre-booked time in accordance with the Stint Cancellation Fee Policy.

(e) 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 (which date shall be the due date);

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

(g) 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 on top of the Stint Charges, at the prevailing rate. Stint Ltd shall provide the Business with a VAT invoice for all Stint Charges.

7.4 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.

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 Introduction Fees are non refundable.

7.6 Where the Business decides (in accordance with clause 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, and subsequently directly 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, 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.

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 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 Student, including on account of any failure to abide by our Community Guidelines. During a suspension any cure period under clause 1 shall continue to apply.

9.4 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:

(a) the Business’s fails to provide a valid charging method for the purposes of clause 2(c) or the charging method does not work;

(b) the Business repeatedly cancels Stints in breach of clause 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 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.

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 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.

11.3 We are not responsible for events outside our control. If our provision of any services or support for the Stint Business App 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.

11.4 As explained, the Stint App relies on functionality and algorithms to determine the suitability of a Stint as between a Business and a Student. 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 Student match for a Stint using the Stint Business App.

11.5 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 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 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 1 as the requesting party may from time to time reasonably request for compliance with English law.

14. Confidentiality

14.1 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, 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 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

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.

We May Collect Technical Data About Your Device

15.5 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.

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 available by a link from 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, 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 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:

(a) 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;

(b) 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;

(c) 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;

(d) 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:

(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 Business App;

(iii) is kept secure; and

(iv) is used only for the Permitted Objective.

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 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.

18.4 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. We, at Stint Ltd, cannot control anything that happens during a Stint and cannot take responsibility for any liabilities arising from the conduct of Students and are not responsible for any liability owed to a Student by the Business arising out of anything that occurs during a Stint.

19. Limitations of Liability

19.1 Subject to clauses 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 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.

19.2 Subject to clause 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 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.

19.4 Subject to clause 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 or from any failure to provide a Student for all or part of any Stint or if the Student terminates a Stint for any reason.

19.5 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 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 Student or arising out of a Student’s use of social media. Students are asked not to write reviews of Businesses of staff members otherwise than in accordance with the Stint App Business ratings system. However, the Business acknowledges that compliance with this is wholly outside of our control and responsibility. Nothing in this clause 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 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 (other than variations connected to the Stint Business App itself which shall be notified to you as described above) shall be effective unless it is in writing and signed by or on behalf of a director of Stint 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.

  THERE IS A KEY INFORMATION DOCUMENT FOR EACH TYPE OF STINT SETTING OUT KEY DETAILS OF EACH STINT

  PLEASE READ BOTH SETS OF TERMS AND THE KEY INFORMATION DOCUMENTS FOR EACH STINT CAREFULLY.

 

If you have any questions about the Student App Terms or 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 Privacy Notice and it is important that you read that information. Students are required to agree to the terms of the Privacy Notice by clicking “Accept” in the relevant box in the Stint App. If you do not accept the terms of the Privacy Notice you will not be permitted to use the Stint App.

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 set of 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 (which shall include by way of push notification), and your continued use of the Stint App serves as your agreement to be bound by such changes.

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 The Retreat, 406 Roding Lane South, Woodford Green, Essex, England, IG8 8EY. 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 10 (Acceptable Use Policy).

ASAP Stint: means a Stint which is due to start within 30 minutes of being accepted by a Student.

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

Community Guidelines: Stint’s non-contractual guidelines to Businesses and Students on physical and mental safety during Stints.

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

Documentation: The  electronic documentation relating to the Stint App (Documentation)

Guaranteed Stint: means a period of time during which a Student commits to being available to perform Stints as set out in clause 9 below. 

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 as more fully defined in the Stint Terms (Part B below).

Service(s): has the meaning given in clause 12.1 (Acceptable Use Policy)

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: means the details provided to you 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 as further explained in clause 8.3 (Finding Stints).

Stint HQ Slot: a placement at Stint’s head office (rather than a Stint with an external Business)

Stint Terms: the terms and conditions applying to each Stint set out in Part B below.

Student: any User who is undertaking a Stint.

Student App Terms: these terms and conditions (i.e. Part A).

Uniform Options: the following eight items of uniform which may be required by the Business in order to do a particular Stint: 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.

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 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, enhancing functionality, updating things, etc.

3.5 We also might need to take action to protect ourselves, for example to react to a security issue or if we think the Stint App is being used for improper or illegal purposes and may disable any part of the Stint App or any part of the Services if necessary. 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.  For better security, 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 the Stint App is being used in an illegal manner, 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. Each Stint will be a separate contract for services

4.1 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”).

4.2 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.

4.3 The agreement contained in the Stint Contract constitutes a contract for services and not a contract of employment between Stint and you (including where you are working a Stint HQ Slot) or you and the Business.

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

5. Conditions for using the Stint App

5.1 Anyone can download the Stint App, but Users can only use the Stint App to find Stints if they pass the on-boarding checks which we are required to do to provide the Services. Until applicants are approved by Stint Ltd as Users, the Stint App functionalities which connect Users with Stints is disabled. Our approval process involves a face to face interview and other internal on-boarding processes. It is entirely within Stint’s discretion to decide whether or not to approve or reject any person as a User and we are under no obligation to give any reason for our decision.

5.2 You promise to provide us with all the original documents and information we need to carry out any right-to-work checks, including for the purposes of the Immigration Asylum and Nationality Act 2006, the Immigration Act 2016 and other relevant UK legislation or equivalent legislation in the relevant jurisdiction as well as any regulations or relevant codes of practice regarding reporting of labour movements, concealed employment and the employment of foreign workers. If you are a non-British passport holder you must provide Stint Ltd with the visa document under which you are entitled to work in the UK (or any other equivalent proof of your right to work) and you must inform us of any conditions on your right to work including any limits on your working hours.

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.

6. Our role in helping you find Stints

For the purposes of the Conduct Regulations 2003, 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.

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

7.1 Stint is specifically designed to be used by students. By signing up to Stint, you confirm that you are a registered student in higher or vocational education and agree to provide documentary evidence on request. If you graduate (congratulations!), please let us know.

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

(a) identity;

(b) contact details;

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

 (together, your “Profile”).

7.3 Please let us know at the outset if there are particular Stints that would not be suitable for you or which are of no interest to you and let us know of any special needs or other issues that could affect your ability to do a Stint

7.4 Please also let us know of any limitations on your working hours arising under a visa.

7.5 If you wish to delete your Profile and to no longer receive notifications of Stints you should follow the instructions on the Stint App. Where Stint Ltd opts, for whatever reason, to terminate its relationship with the Student, the Student’s use of the Stint App shall be disabled and its Profile deleted.

8. Finding Stints

8.1 You acknowledge that the Stint App is a platform that connects Users and Businesses for temporary, short-time, ad-hoc and unskilled work as fully described in the Stint Details. The nature of the platform means that there may be periods when no suitable Stints are available for any particular User, including you. The functionality and algorithms of the Stint App principally 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 or if any Stints you are offered or accept are not suitable for you.

8.2 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, including when you have signed up for a Guaranteed Stint slot.

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

(a) identity of the Business

(b) the position and the type of work the Stint involves;

(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;

(f) the Rate of Pay

(g) any expenses payable by or to the User for the Stint; and/or

(h) and uniform requirements,

(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. Please note that occasionally you may be offered Stint HQ Slots.

8.4 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 including personal data. This is necessary for the performance of the services available to you through the Stint App and so that we can perform our contract with the Businesses. For more information please refer to our Privacy Notice.

8.5 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.

8.6 We may opt to suspend your use of the Stint App or disable the Stint App from offering you a Stint for any reason including to the extent that we consider that you are working beyond your visa allowance or your work might be in breach of any other rules or regulations or if you breach any of the promises set out at clause 10 below.

8.7  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 as directed on the Stint App.

9. Guaranteed Stints

9.1 Guaranteed Stint slots are designed to ensure that there are enough students available on any given day to fill the whole range of Stints needed by our Businesses. For this reason, Guaranteed Stint slots are only available to Students who have indicated that they can carry out all regularly occurring Stints and who have access to all Uniform Options. We reserve the right to stop offering Guaranteed Stints for any reason, whether on a temporary or permanent basis, and/or to change the conditions of Guaranteed Stints, including by adding further conditions.

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

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

(b) that the Student has access to all Uniform Options;

(c) should the Student have not accepted a Stint before their Guaranteed Stint slot commences, the Student must check-in via the appropriate medium within 15 minutes of the slot start time, at the start of the slot time and repeat the same for every new hour forming part of the Guaranteed Stint slot;

(d) 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 of such Stint communication. For ASAP Stints, the Student is expected to start traveling to the relevant Business within 15 minutes of accepting the ASAP Stint.

(e) should the Student be offered a Stint or multiple Stints during a Guaranteed Stint slot or a Stint HQ Slot, and fail to accept, either because their response was not within 15 minutes of the Stint communication or they refuse the Stint for any reason other than extenuating circumstances, the Student is no longer eligible to receive £20 (pursuant to clause Error! Reference source not found.9.3). This would be regarded as an effective cancellation.

(f) Stint reserves the right, at its sole discretion, to refuse Guaranteed Stint slots to Students who repeatedly refuse Stints offered during Guaranteed Stint slots.

9.3 If the Student has not received any Stint offers or Stint HQ Slots for their Guaranteed Stint slot times (via the Stint App or by other forms of communication), has been responsive and has had access to all the uniform required, they will be eligible to be paid £20, subject to any applicable taxes. 

9.4 By entering availability the Student acknowledges that they are free and willing to work. The Student must keep availability as up to date as possible. By committing to a Guaranteed Stint slot the Student is not obliged to accept any Stint offered by the Stint App and we are not obliged to offer a Stint to the Student.

10. Important promises that you give to us

10.1 You promise to us that:

(a) the information supplied to us under clauses 4 and 7 is correct;

(b) you will comply with the Acceptable User Policy;

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

(d) you will behave in a courteous and professional manner during each Stint (including towards the Business, other staff members and customers) and towards Stint Ltd staff at all times and abide by our Community Guidelines;

(e) you will not do anything which may bring Stint into disrepute, including attending a Stint whilst under the influence of drugs or alcohol or behaving in a dishonest or illegal manner;

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

(g) you have a valid and subsisting leave to enter and remain and the right to work 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.

10.2 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 or disable the Stint App from offering you Stints. 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.  

11. Ratings and Behavioural Issues

11.1 The Business are encouraged to rate students from 1 to 5 stars on the Stint App on the basis of categories they consider relevant to a particular Stint. All separate ratings will be taken into account in your average rating. Further details of this process and how it works are provided on the Stint App. This is an automated system which we do not control. We may take your rating into account during any disciplinary process. Your  average rating is publicly available and your individual Business ratings are viewable by other Businesses.   

11.2 We have no input into or control over the ratings given by the Business.  If you are not content with any rating you have received please let us know and we will endeavour to raise this with the relevant Business. However, Stint is not always able to get further feedback from a Business, and under no circumstances should a Student contact a Business about a review unless permitted by Stint Ltd in writing beforehand.

11.3 Whilst there are no formal disciplinary rules or procedures for Students, we have the right to carry out disciplinary procedures, to put Student accounts on hold (see clause 4.3 above) and/or to terminate our relationship with a Student as a result of a Student’s behaviour on the Stint App or during a Stint 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 attendance, lack of punctuality, unusual number of Stint cancellations or rudeness to Stint Ltd staff.

11.4 If you wish to appeal against a disciplinary decision you should email studentsupport@stint.co

11.5 There is no grievance procedure available, but if you wish to raise a grievance you may apply by email to studentsupport@stint.co

12. Acceptable Use Policy

12.1 This Acceptable Use Policy sets out the rules governing 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”).

12.2 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, or which may compromise our systems or security or interfere with other users.

(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.

(d) You must avoid making any social media communications that could damage Stint Ltd or the Business and/or Stint Ltd’s or the Business’ business interests or reputation, even indirectly.

(e) You must not use social media to comment on or review (whether in a disparaging or derogatory manner or not) any Stint or Business or any staff members of Stint Ltd or the Business or any other Stint Ltd Students and you must not use the Business ratings system otherwise than in a truthful and constructive manner.

(f) The above rules are not intended to prevent you from whistleblowing, ie raising concerns with respect to any wrong-doing or dangers in relation to our activities or those of a Business. We would ask you to please raise any such concerns internally with us using the Student support features on the Stint App.

12.3 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 complaint.

12.4 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.

12.5 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.

12.6 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.

12.7 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.

12.8 Monitoring

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

12.9 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 or our systems, or attempt to decipher any transmissions to or from the servers running any Service.

12.10 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 Acceptable Use Policy.

12.11 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.

12.12 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.

13. Intellectual Property Rights

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

13.2 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) 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) 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) 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.

13.3 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.

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

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

13.6 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.

14. Exclusions and limitations

14.1 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.

14.2 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.

14.3 Please check that the Stint App and the Services are suitable for you. The Stint App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Stint App and the Services (as described on the app store site and in the Documentation) meet your requirements.

14.4 We are not responsible for events outside our control. If our provision of the Services or support for the Stint App 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 Users who have accepted a Stint which has been directly affected by the event as soon as possible and we will take reasonable steps to minimise the effect of the delay on such Users . Provided we do this we will not be liable for delays caused by the event.

14.5 As explained, the Stint App relies on functionality and algorithms to determine the suitability of a Stint as between a Business and a User. 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 earnings) if the Stint App doesn’t connect you to Businesses for Stints or if any Stints you are offered or accept are not suitable for you.

14.6 Although we have screened all Businesses and Businesses are required to comply with health and safety rules with respect to Stints, we, at Stint Ltd, cannot control anything that happens during a Stint and cannot take responsibility for any liabilities arising from the conduct of Stints including physical injury or loss of property. 

14.7 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.

15. App Store

15.1 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 15 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”).

15.2 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.

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

15.4 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.

15.5 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.

15.6 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.

15.7 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.

15.8 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.

15.9 The license granted to the User in clause 13 (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.

16. We May Collect Technical Data About Your Device

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

17. We may collect location data from your device. You can always turn location services off, although this might cause a Stint to be re-allocated in accordance with clause 3.6 of the Stint Terms

17.1 The Stint App makes use of location data sent from your devices. We use User location information to help match Users to appropriately located Stints, and to track Students prior to a Stint, help with travel and ensure punctuality for the Business.

17.2 You can turn off this functionality at any time by turning off the location services settings for the Stint App on your device but this may hinder our ability to match you to Stints that are within a reasonable distance to your location and to help you get to the Stint and will prevent us from ensuring you are on your way to a Stint you were assigned to. By accepting a Stint you are accepting to keep your location data switched on at least two hours before the Stint start time. If your location data is not switched on in time and we are unable to verify your estimated arrival time at the Stint we may re-allocate the Stint to another Student. This is explained in more detail in clause 3.6 of the Stint Terms (below) As explained elsewhere, lack of punctuality may be a reason for terminating this relationship.

17.3 You may stop us collecting such data at any time by turning off the location services settings.

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

19. 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).

20. 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.

21. General and interpretation

21.1 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.

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

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

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

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

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

21.7 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.

21.8 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.

21.9 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.

21.10 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.

21.11 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.

21.12 Notices made under these terms and conditions shall be in made in writing in accordance with clause21.13.

21.13 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.

21.14 Without evidence of earlier receipt, communications made pursuant to clauses 21.12 and 21.1221.13 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).

21.15 Other than in relation to the App Store referenced in clause 15 (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.

21.16 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:

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

ASAP Stint: a Stint which is due to start within 30 minutes of being accepted by a Student.

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

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

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

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

Confidential Information: any information or matter in whatever form which is not in the public domain and which relates to the business, affairs customers, products and/or finances of the Business or Stint Ltd (or any group companies) or any of its of their business contacts.

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

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.

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).

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.

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 9 (Pay).

Rate of Pay: for each Stint, the rate 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 deduction of tax and NIC’s (if applicable) and any other deductions that Stint Ltd is required to make by law. Stint Ltd shall also be entitled to deduct from your pay or other payments due to you any money which you may owe to Stint Ltd at any time.

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

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

Stint: the particular Stint identified in the Stint Details.

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

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

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.

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 Terms: these terms and conditions.

Student: a User introduced and supplied by Stint Ltd to the Business to provide services to the Business (or to Stint directly, in respect to Stint HQ Slots) 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.

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

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.

we or us: Stint Ltd.

Uniform Options: has the meaning given in the Student App Terms.

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

2. Each Stint will be a separate contract for services

2.1 Stints are arranged through the Stint App and before you accept a Stint you will be notified of the commencement time for each particular Stint. For each Stint that a Student does, a separate, severable, 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”). Given that each Stint Contract is a separate contract for services and terminable without notice by any party no probationary period applies.

2.2 For each Stint Contract, subject to clause 4.1, the Stint Details together with the Stint Terms set out the entire agreement between Stint Ltd and the Student for the supply of the Student’s services to the Business and replaces any conflicting statements or representations made on the Stint.co and Stintstudent.com websites and on the Stint App.

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 (including where you are working a Stint HQ Slot) 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 an entitlement to regular work or conferring continuity of employment.

2.6 Stints are unskilled placements and no training will be provided to the Student.

2.7 The Stint App platform enables Businesses and Students to book ad hoc Stints which, by their nature, will match lots of different Students with lots of different Businesses for very short amounts of working time. Therefore, although various clauses in these Stint Terms deal with the Relevant Terms and Conditions which apply once a Student has completed a the statutory 12-week Qualifying Period, it is anticipated that these particular rights will not arise in fact.

3. Student’s obligations

3.1 The Student is not obliged to accept any Stint offered via the Stint App. The Student has no normal hours of work and, on accepting a Stint, will be required to work the hours and days as required by the Business during the Stint and as set out on the Stint App. In this way, the Student’s hours and days of work will vary according to the needs of the Business. As Stints can be accepted at the convenience of the Student the Student is able to control its hours and days or work.

3.2 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, policies, procedures 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) take all reasonable steps to safeguard their own health and safety (including taking any rest breaks to which the Student is entitled and keeping well hydrated) 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;

(d) not engage in any conduct detrimental to the interests of Stint Ltd or the Business and  shall behave in a courteous and professional manner during each Stint as set out in the Stint App Terms;

(e) abide by the obligations and restrictions set out in clause 6 (Confidentiality and Social Media); and 

(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.

3.3 By accepting a Stint, the Student is confirming that they are legally entitled to remain and work in the UK without any additional immigration approvals for the duration of the Stint and there are not (in relation to any such leave) any conditions which may preclude or have an adverse effect on the Stint and agrees to notify Stint Ltd immediately if they cease to be so entitled at any time.

3.4 Students must keep careful track of their hours in respect of Stints to ensure that they do not breach any legal limits on their working time, A Student must not accept a Stint if the Stint would take a Student beyond the limits on working hours in the Student’s visa (or other relevant immigration document). Please note that in calculating your hours of work you must also include hours worked (or volunteered) for any person or business outside of the Stint App.

3.5 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. See below for our cancellations policy.

3.6 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, as required, you have agreed to enable location data on the Stint App we may also track your location remotely. If for whatever reason we are not reasonably satisfied that you will turn up in time to a Stint, we are entitled to send a replacement Student to the Business. If you turn up to the Stint without confirming your journey or arrival, then the replacement Student may be kept on and you may be sent home without receiving any compensation.

3.7 The Stint Details provide the starting time for each Stint and Students must not accept Stints if they are unable to arrive on time.  We owe a responsibility to Businesses to ensure that Students arrive promptly for Stints. If we become aware that a Student is unlikely to arrive on time for a Stint, we will allocate the Stint to another Student on an urgent basis. In order to be able to monitor estimated Student arrival times we use location data to track the location of the Student who has accepted a Stint relative to the relevant Stint. Students must therefore ensure that the location data setting on their smartphones is switched on for at least two hours before the start time of the Stint and until the Stint has completed. If the location data setting is not switched on in time we will send you a reminder to switch on your location data setting. If, after being reminded, your location data setting remains switched off we will automatically re-allocate your Stint to another Student.  

3.8 For ASAP Stints, the Student is expected to start traveling to the relevant Business within 15 minutes of accepting the ASAP Stint.

3.9 Stint’s may be re-allocated where the Student has failed to switch on its smartphone location data settings or because we believe that the Student is unlikely to arrive at the Stint on time. In the event of re-allocation, a cancellation notification will be sent to the Student and the Student is absolutely forbidden from attending at the Stint. For the avoidance of doubt, where Stints are re-allocated, the Student will not be paid any cancellation fee.

3.10 The Stint Details set out which Uniform Options are required for a particular Stint. If the Student does not adhere to the uniform requirements or is late to their Stint (even if it has not been re-allocated), the Business has a right to turn away the Student and if it does then your Stint will be cancelled and you will not have a right to be paid.

3.11 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 (including ill health), they shall notify Stint Ltd without delay using the Student support features on the Stint App. This includes where the nature of the Stint has been changed by the Business so that the new Stint is not the Stint you had accepted and is no longer appropriate.

3.12 If the Student needs to raise any issues or concerns about a Stint, including any relating to health and safety, please contact us using the Student support features on the Stint App or by email to studentsupport@stint.co and inform a responsible person at the Business without delay.

Uniforms

3.13 Whilst a Student is not required to have all eight of the Uniform Options, the more Uniform Options a Student has the wider the variety of Stints likely to be available. We are happy to assist Students with the reasonable costs of purchasing any required Uniform Options. For more information please contact studentsupport@stint.co and let us know the cost and details of the specific items intended for purchase. Students should not purchase any items without first receiving authorisation in writing from the Stint support team. Where the purchase of an item has been authorised, to claim reimbursement Students should send proof of purchase and a photograph of the purchased item to the Stint support team (or as directed). All uniform purchases reimbursed by us must: (a) only be used for the purposes of Stints; (b) be maintained in good condition; and (c) be delivered to Stint Ltd when such item is no longer being used for Stints, for example, if you are no longer signed up to the Stint App. Any Student that fails to return any item of Uniform in accordance with this clause 3.12 will be required to repay us the amount we originally paid for that item. We reserve the right to issue guidance on or to alter the terms of the uniform reimbursement scheme and may withdraw the scheme altogether, at any time without prior notice.

4. Offers of Employment: If the Business offers to employ you directly. This is good news for you – congratulations!  However, it is essential that you let Stint Ltd know so that we can update our records and deal with any related issues.

Cancellations

4.1 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 summarised the policy below. To the extent that there is a conflict between the cancellation terms set out below and those provided in our cancellation policy, the terms of the cancellation policy will prevail.

Cancellations by the Student

4.2 Please avoid cancelling Stints. However, it is important not to attend a Stint if a Student is unwell or otherwise incapacitated.  If a Student does need to cancel a Stint please provide as much notice as possible and cancel the Stint through the Stint App. The more notice provided, the easier it will be for us to find a replacement Student.

4.3 We have the right to apply the relevant penalty to any cancellation by a Student (e.g. 3-star, 2-star, 1-star ratings depending on the length of notice provided) or place to a Student’s account on hold if they cancel their Stint at short notice.

4.4 The Student may appeal a cancellation penalty and we will be happy to consider all representations, however, we reserve the right to require verification of any representations by a member of the Stint Ltd team.

Cancellations by the Business

4.5 Whilst we do our best to discourage Businesses from cancelling Stints, this is ultimately outside of our control. We will inform you about a cancellation as soon as possible by push notification and SMS and any cancelled Stint will disappear from your profile on the Stint App. Please do verify with the Stint team using the Student support features on the Stint App  if you think that a Stint has been cancelled. Businesses are asked to pay cancellation fees in accordance with Stint’s cancellation policy from time to time and/or any bespoke Business terms. Cancellation fees are due in accordance with a sliding scale, depending on how much notice a Business has given. There is no cancellation fee for cancellations made more than 24 hours before the relevant Stint and possibly only a very nominal fee for cancellations between 12-24 hours before the Stint. For more details on our cancellation policies please contact our Student support team via the Stint App. We will credit any relevant portion of any cancellation fee to your account but please be aware that your receipt of any cancellation fees is dependent on Stint’s receipt of such fees from the relevant Business.

5. Intellectual Property Rights

5.1 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.

6. Confidentiality and Social Media

6.1 In order to protect the confidentiality and trade secrets of Stint Ltd (and its group companies) 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.

6.2 The restriction in clause 6.1 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.

6.3 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.

6.4 You must avoid making any social media communications that could damage Stint or the Business and Stint’s or the Business’ business interests or reputation, even indirectly.

6.5 You must not use social media to comment on or review (whether in a disparaging or derogatory manner or not) any Stint or Business or any staff members of Stint or the Business or any other Stint Students.

7. Data protection

7.1 If a Student is provided with personal data in relation to a Stint, the Student shall comply with all applicable Data Protection Laws and with and data protection policies of both Stint Ltd and/or the Business which have been notified to the Student.

7.2 Stint Ltd may take all necessary steps, including, but not limited to, terminating this contract immediately without notice if it reasonably considers that a Student has failed to comply with any relevant Data Protection Laws.

8. Timesheets

8.1 At the end of the Stint the Student shall via the Stint App complete a Timesheet indicating the number of hours worked for authorisation by the Business via their version of the Stint App. Unless any overtime is claimed, Stint shall presume that the hours worked accords with the hours provided in the Stint Details. Students shall have 24 hours from the end of any Stint to claim an overtime payment via the Stint App.

8.2 Subject to clause 8.3, Stint Ltd shall endeavour to pay the Student within 24-48 hours of the end of a Stint, but it make take up to ten days if, for example, we are experiencing technical issues or the third parties we use are experiencing technical difficulties.

8.3 Where the Student fails to submit a Timesheet or the Timesheet is not authorised by the Business, any payment (including for overtime worked) 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.

8.4 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 8.4 is subject to Stint Ltd’s obligations to provide the Student with the Relevant Terms and Conditions on completion of the Qualifying Period.

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

9. Pay

9.1 Students are paid by Stint and not by the Business and should not approach the Business for payment or accept any cash in hand from the Business.

9.2 Income tax is payable on tips (subject to the usual bands). To the extent that the Student receives a tip from a Stint the Student is responsible for reporting the details to Stint Ltd.

9.3 Subject to the Student submitting properly authorised Timesheets in accordance with clause 8, Stint Ltd shall pay the Rate of Pay for hours (or part hours to the nearest quarter hour) actually worked to the Student until the Student completes the Qualifying Period. The Rate of Pay will be set out in the relevant Stint Details for a particular Stint.

9.4 Subject to the Student submitting properly authorised Timesheets in accordance with clause 8, 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.

9.5 Subject to any applicable law and to clauses 11 and 12 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.

9.6 A Student is not entitled to any benefits.

9.7 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.

9.8 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. Stint Ltd 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 Student;

(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.

10. Property

Take care of your personal belongings. Any personal property taken to a Stint is at your own risk. We are not liable for any loss, damage or theft of your personal property during a Stint or from the premises of a Stint. In the same way, we are not liable for any damage caused to your uniform during a Shift.

11. Holiday

11.1 Subject to clause 11.2, the Student is entitled to the equivalent of 5.6 weeks’ paid holiday during each holiday year (including all bank holiday entitlements), calculated on a pro rata basis in accordance with Stints worked. The holiday year runs between 1 September and 31 August.

11.2 On completion of the Qualifying Period, the Student may be entitled to annual leave in addition to the Student’s entitlement under clause 11.1. In those circumstances, Stint Ltd will inform the Student of any such entitlement and the date from which such entitlement will commence.

11.3 It is important that Students take breaks from Stints in the form of holiday.

11.4 Holiday entitlement will accrue on a pro-rata basis by reference to the number of Stint hours that Students work each holiday year. Holiday entitlement will not accrue between Stints.

11.5 Holiday pay is calculated on the basis of 12.07% of the Rate of Pay per hour worked. Holiday pay will usually be included in the Rate of Pay paid to Students for each Stint and paid at the same time as, but itemised separately from, the Rate of Pay in the payslip.  To the extent that a Student’s holiday pay has not been included in the Rate of Pay, a Student may request paid holiday by filling out a holiday request form. Students cannot carry forward any untaken holiday from one holiday year to the following holiday year.

12.Incapacity and other paid leave

12.1 If you have accepted a Stint but are subsequently unable to work the hours agreed due to sickness, you must notify us as soon as possible (in advance of the start time of the Stint) by emailing studentsupport@stint.co

12.2 If you satisfy the qualifying conditions laid down by law, you will be entitled to receive statutory sick pay (SSP) at the prevailing rate in respect of any period of sickness or injury during an assignment, but you will not be entitled to any other payments from Stint Ltd during such period. For SSP purposes, your qualifying days will be number of days that the Student is contracted to work in the week in which they fall ill, or if no days have been contracted to work, the Wednesday of the week that they fall ill.

12.3 Students are not entitled to any other paid leave.

13. Pension

13.1 Most Students will not be eligible to be enrolled in a pension scheme. Stint Ltd will provide details of the pension scheme to any eligible Students.

14. Termination

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

14.2 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.

14.3 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.

14.4 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 14.1 if the work to which the Student was assigned is no longer available for whatever reason.

14.5 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 for time actually worked in accordance with authorised Timesheets. As set out above, Stint Ltd shall be entitled to deduct from your pay or other payments due to you any money which you may owe to Stint Ltd at any time.

15. Collective Agreement

15.1 There is no collective agreement which directly affects the Student’s engagement as a worker.

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, 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 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.