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Terms and Conditions

Welcome to The Job App! We are an online platform which connects businesses to local casual workers, on an ad-hoc basis easier, faster, and cheaper than ever before. We enable businesses (each such business being the “Client”) to be leaner and more flexible and provide an app for workers to choose when they work, where they work and what work they do, with no obligation or expectation outside of doing a good job for the Client should they choose to accept a shift. These terms and conditions (the “Terms of Service”) preside over the use by Clients of the services offered by The Job App the website, web application and mobile application. You can access these here: https://thejobapp.com Such services, website and mobile applications are hereinafter together referred to as the “Service”. The Service is operated by TheJobApp ltd of The Bristol Office, 2nd Floor 5 High Street, Westbury On Trym, Bristol, England, BS9 3BY (company registration number 12486317) referred to as ‘TheJobApp’, ‘TJA’, ‘we’, ‘us’ and ‘our’.

These Terms of Service assume that you are not acting as a consumer when using our Service, however, to the extent that you are considered to be a consumer, you may be entitled to various statutory rights and nothing in these Terms of Service shall be construed to restrict any such rights. If you are a Client, please read these Terms of Service carefully and in conjunction with any other agreement which may be in place between TJA and the Client, such as a TJA service level agreement (if applicable) and the TJA Privacy Policy. Your use of the Service constitutes your acceptance of and agreement to all the terms and conditions defined herein.

If you are a worker, please refer to The Job App Privacy Policy and The Job App Community Guidelines which preside over your use of the Service.

TJA reserves the right, from time to time, with or without notice, to change these Terms of Service at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms. If TJA makes any significant changes to these Terms of Service, it will notify Clients by email (to the email address registered with TJA) in advance.

1. Definitions and Interpretation

1. The following definitions and rules of interpretation apply in these Terms of Service:
   • “Account” means the TJA account you open when you register to become a Client and use TJA’s Service;
   • “Agency Regulations” means the Agency Workers Regulations 2010;
   • “Assignment” means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;
   • “Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
   • “Engagement” means a Client’s engagement of a worker via the service to provide worker services in respect of any Assignment;
   • “Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;
   • “Qualifying Worker” means any worker who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Regulations;
   • “Self-employed Worker” means a worker who is registered as self-employed or a soul trader with HMRC and who is responsible for their own Tax, National Insurance, Pension and Payroll obligations under their own Unique Tax Reference number.
   • “Qualifying Period” means the 12-week qualifying period as defined in regulation 7 of the Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;
   • “Relevant Period” means whichever of the following periods ends later, namely—(a)the period of 8 weeks commencing on the day after the day on which the worker last worked for the Client pursuant to being supplied by TJA; or (b) the period of 14 weeks commencing on the first day on which the worker worked for the Client pursuant to the supply of that worker to that Client by TJA. In determining for the purposes of the above paragraph (b) the first day on which the worker worked for the Client pursuant to the supply of that worker to that Client by TJA, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that worker did not work for that Client pursuant to being supplied by TJA
   • “Service Fee” means the fee: (i) as defined in either the TJA Service Level Agreement or the TJA Software Agreement (as applicable); or (ii) as referenced on the Service, charged by TJA to the Client for an Engagement;
   • “Engagement Fee” means the fee charged to the Client in total for Engagement of a Qualifying Worker;
   • “Expenses” means any necessary monies paid out by the Worker from their own funds, to fulfil the Engagement.
   • “Shift” means one or more recurring periods in which a worker provides services in relation to a single Engagement.
   • “Worker” means an individual who registers with TJA to undertake Assignments and Engagements with Clients.
   • “Worker Services” means the activities to be performed by workers during the course of any Engagement; and
   • “User” means a worker or a Client that registers for an Account.
2. In these Terms of Service headings (including any sections and subsections) are for convenience only and do not affect interpretation.
3. References to “you” are a reference to a Client.
   • “Primary Office” or “Head office” means the central accounting office address for multi-site Clients or Clients with satellite offices.
   • “Venue” means the location the Engagement is assigned to.
4. “Holding Account” means the third party ‘client’ account that all monies will be initially transferred to on commencement of The Engagement. This neutral account will hold all monies until completion of The Assignment. Commencement of the Engagement will be determined by both a geographical location service and confirmation by The Client, that the worker has arrived at the venue.
5. “Dispute” means any Engagement for which the Client is not happy to complete payment (for example but not limited to: if a worker must leave mid-shift or is grossly insubordinate).
6. “Payroll Service” means TJA 3rd party payroll partner, who all Workers are employed through and who are responsible for all Workers financial administration including but not limited to: Tax coding, Wage slips, P60, P45, HR, deductions (including Tax, NI and Pension), expenses and remuneration.

2. User Accounts

1. Clients are required to create an Account to use the Service. By joining, a Client confirms that it is legally capable of entering into binding contracts. TJA will provide you with login credentials and on-boarding information.
2. All User Accounts are associated with the relevant Primary Office and the individual creating the account. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Client has any reason to believe that its Account is being used by anyone else, contact us immediately on support@thejobapp.com .If we believe that a Client’s Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.
3. We may, at our absolute discretion, refuse to register any person or entity as a User/Client.
4. If you have any problems creating an account, logging into your Account or updating your details, please Contact Us on support@thejobapp.com.

3. Content on our Service

1. We may change or remove content, functionality, or parts of our Service at any time. This is at the sole discretion of TJA.
2. The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us , or licensed to us by third parties. Our Service and content are protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos, or other intellectual property without our prior written approval.
3. From time to time, our Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.
4. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
5. Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
6. We do not guarantee that the Service, or any content on it, will be free from errors or omissions.

4. User Licence

1. We allow Clients to create and post Assignments (which may include, for example, pictures, text, information and/or other types of content) (the “Content”).
2. You hereby grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Service and for other business needs of TJA. You accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes (including but without limitation to promoting part or all of the Service). This section does not affect your rights nor our obligations under the TJA Privacy Policy.
3. You irrevocably and unconditionally waive any and all moral rights in any Content.
4. You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
5. By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms of Service and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Terms of Service.

5. Your use of our Service

1. You agree that you will not: (a) impersonate any other person, conduct yourself in an offensive, discriminative or abusive manner, or use the Service for any unlawful purposes; (b) fail to deliver the payment for the TJA Services rendered to you; (c) advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service; (d) use the Service to solicit for any other business or service, or contact workers for employment (or any other purpose) not related to use of the Service as envisaged by these Terms of Service; (e) post the same Assignment repeatedly; (f) use virtual private networks, false email addresses or any other means to mask your identity; (g) attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information; (h) disable or modify any copy protection technology used on the Service; (i) abuse or manipulate the rating/review system on the Service; (j) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services; (k) collect, harvest or ‘scrape’ any data from any web pages contained in the Service; (l) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation; (m) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; (n) upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer; (o) do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; or (p) interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, over burden or impair the Service.
2. We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Terms of Service. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

6. Client’s Payment Obligations

1. Clients agree to pay to TJA: (a) the total amount payable in respect of any Engagement (Engagement Fee and Service Fee), including but not limited to an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the worker in accordance with applicable laws. For all workers that are not a Self-Employed Worker this will be accrued per shift at a rate of 12.07% of the agreed hourly rate total; (b) the Service Fees for using the Service in accordance with the Client’s Service Level Agreement or TJA Software Agreement (as applicable) with TJA; (c) any National Insurance Contributions that are applicable to any Engagement; (d) pension contributions, taken at 3% of the agreed hourly rate total and when applicable and (e) any overtime and expenses agreed by both The Client and The Worker, which can be added manually at the end of the shift. All monies outside that of the Service Fee and Workers pay after deductions, will be transferred directly to and be administered by TJA Payroll Service. Workers pay after deductions will be transferred directly to the Worker and the Service fee directly to TJA. All payments are subject to VAT at the prevailing rate.
2. The Client agrees to pay the Service Fee (normally 15-20% of the Engagement Fee) to TJA and TJA shall charge VAT to the Client at the prevailing rate for the use of the Service (Service fee) at the current prevailing rate. This Fee will be paid directly to TJA account.
3. (a) Clients agree to an automatic and immediate money transfer of the Engagement Fee and the Service Fee to the various receiving accounts at the end of each shift and no later than 4hrs after that shift has ended, by pressing the ‘Approve & Pay Now’ button in the App. Confirmation that the worker has arrived at The Venue should be sent by the Client before the start time, as directed by The Assignment, of every Engagement. TJA will send the Client an invoice and remittance setting out the details of all the Shifts/Engagements completed by workers engaged by the Client per shift. (c) Unless the Client has a Dispute, all Fees plus VAT will be deducted at the end of each shift and on sign-off via the ‘Approve & Pay Now’ button in the Service. Any amounts not paid (within the 4 hour window from shift actual end and sign-off limitation) when due shall bear interest until paid at the monthly rate of 4% above the then current base lending rate of the Bank of England. (e) TJA may, with or without notice, suspend or terminate the Client’s access to the Service if the Client is more than fourteen (14) days late in paying any undisputed invoice and will seek legal action to recover payment of the outstanding c]balance and any administrative expenses accrued due to such an action.

7. Terms of Engagements

1. In respect of each Engagement, workers shall be engaged by TJA under a service agreement. TJA is a service/platform to facilitate engagement between businesses and local casual workers. TJA also provide a payroll service and support for all the Workers using the Service via our Payroll Service, including P60/45’s, monthly payslips and tax codes (if applicable). TJA facilitate and record the payment of Workers and all deductions via the Service. This record is visible in the Service, will be updated to HMRC monthly and can be provided as proof of income should a Worker require it.
2. Workers act for and under the control of Clients for the duration of each Engagement. TJA and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of workers or Clients.
3. TJA is not an employer of the Workers that work via the Service. Although we support all Workers with records of earnings, customer service enquiries and payment transfers through the automation of our service, we fall outside the boundaries of IR35 and are classed as a service provider and not an employer. TJA therefore take no responsibility for the liability of a Worker at any point: before, during or after an Engagement. All Clients should ensure they have the correct insurances in place to cover any Workers on an Engagement at their Venue. This should include but is not limited to adequate Public and Employers liability insurance (see section 9).
4. When posting an Assignment (or at any time following a request from TJA for the same), the Client will provide TJA with details of: (a) the date on which the Client requires the worker to commence work and the duration; (b) the position which the Client is seeking to fill, including the type of work the worker would be required to do, the location at which (The Venue), and the hours during which, the worker would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks; (c) the hourly rate at which the worker would be paid on completion of The Engagement; (d) the experience, training, qualifications and any authorisation which the Client considers necessary, or which are required by law, or any professional body, for the worker to possess in order to work the Engagement; (e) any expenses payable by or to the worker; and (f) any information reasonably required by TJA in order for TJA to fulfil its obligations under the Agency Regulations and/or the Conduct Regulations.
5. The Client agrees that the hourly rate at which each worker is paid for any Engagement shall be at least the greater of: (a) the total of (i) the minimum wage rate under applicable laws as amended from time to time, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the worker in accordance with applicable laws; or (b) where the worker performing the Engagement is a Qualifying Worker, the total of (i) such hourly rate as is required for the Client and TJA to comply with their obligations under regulation 5 of the Agency Regulations, and (ii) an amount to fully and properly account for any payment in lieu of holiday that is or would become due and payable to the worker in accordance with applicable laws, and hereby warrants to TJA that any amounts specified for an Assignment shall be in compliance with this clause 7.3.
6. Before any Engagement, the Client shall have access to the following information: (a) the identity of the worker; (b) the worker’s experience, training, qualifications and authorisations which are necessary for the Engagement; (c) that the worker is available (taken directly from the workers own availability calendar) to carry out the entire Engagement; and (d) that the worker is engaged through by TJA under a contract for services.
7. The Client will see a breakdown of costs relevant to any Engagement.
8. The Client shall in respect of any Engagement that involves on-site training (for example food preparation or the use of hardware specific to the Engagement), provide each worker with appropriate on-site competency training and health and safety training, as may be required by law or otherwise. The Client will conduct as a minimum, an onsite health and safety brief which should include but not be limited to all fire exits, positions and muster points relevant to their place of work and provide any PPE that may be required to carry out the Engagement.
9. The Client shall not, during the course of any Engagement, direct a worker to work on any other task other than in accordance with the terms of the relevant Assignment (as posted by the Client on the Service).
10. The Client acknowledges and agrees that a worker may cancel an Engagement at any time without any prior notice and without any liability on the part of TJA. We do however ask workers to allow TJA and Client a minimum of 24hrs notice of cancellation, before the Engagement starts, in order to be able to re-post the Engagement. TJA exercise a 3- strike rule for all Users who cancel an Engagement after the 24hr notice period has expired (Please see 7.12 for Clients) and in any given 3 month period.
11. The Client shall seek TJA’s prior written approval for any changes to the terms of any of its Assignments and TJA may, in its sole discretion, approve or reject such request. Any request for changes to an Assignment must be submitted no later than 24 hours prior to the commencement of the relevant Shift or Engagement.
12. Cancellation of an Engagement within 24hrs of engagement commencement by the Client is subject to a charge equal to the sum of Six (6) hours of the worker’s time (each calculated in accordance with the hourly rate agreed under the terms of the Engagement).
13. Client requests to change or cancel an Engagement must be submitted to TJA’s customer service via the Service. Alternatively, requests may also be submitted via email customerservice@thejobapp.com
14. The Client acknowledges that a Worker may refuse to work past the contracted times agreed under the terms of an Engagement. Where the worker agrees to work overtime, such overtime shall be payable by the Client at the same hourly rate (plus amounts in respect of the Service Fees, payment in lieu of accrued but untaken holiday and National Insurance Contributions) as the rate that has been agreed under the terms of the relevant Engagement. It is the responsibility of both the Client and the worker to inform TJA via the Service of any agreed overtime. The Client shall be liable to pay for all expenses reasonably incurred by the worker as a result of working overtime (including without limitation food and travel expenses). Such additional monies should be added to the Fees via the service and before the ‘Pay Now’ button is pressed to activated money transfer (see 6.3).
15. All additional expenses (such as food and travel) shall be clearly set out on any invoices/remittance sent to the Client.
16. TJA facilitates the payment of remuneration (including any pay in lieu of accrued but untaken holiday) to Workers and the deduction and payment of all tax, National Insurance contributions and other levies applicable to Workers, as required by law. However, making said payments are the sole responsibility of The Payroll service.
17. The Client acknowledges that where the terms of the Engagement stipulate that the Worker will be engaged for less than four (4) hours, the Client shall be charged as if such Engagement was for (4) hours (each charged at the hourly rate as set out in the relevant Assignment) and will also be charged a Service Fee and National Insurance Contributions (if applicable) on the same.
18. Any Worker engaged for 6hrs or more is entitled to a minimum of a 20-minute break. The Client can increase this as described in the Assignment, but this break will make up part of the hours total of any Assignment and will be paid as hours worked.
19. The Client shall, in its sole discretion, determine whether it shall be present or not when the Engagement/Shift is performed and/or completed. Clients who choose not to be present to oversee the performance of the Engagement/Shift may appoint another person to act on their behalf (“On-site Contact”), in which case the Client must notify TJA in the Assignment details. The Client also acknowledges that workers may take and follow instructions given by the On-site Contact, as if such instructions were given by the Client. The Client agrees that such instructions are valid and enforceable against the Client and the On-site Contact and the Client shall assume all responsibility and liability for such instructions.
20. The Client shall not, unless specified in the Assignment, cause or permit workers to handle or have access to cash or other valuables during any Engagement (with the exception of specific SIA qualified CVIT operators). The Client acknowledges that in all cases, the Client shall have sole responsibility for any loss suffered as a result of the worker’s handling of cash/valuables in question.
21. The Client shall not cause or permit any worker to use a motor vehicle for any business purpose in connection with an Engagement unless the Client has satisfied itself that adequate third-party insurance cover is in place in respect of any such worker. The Client hereby agrees to indemnify and, at all times, keep indemnified TJA and any of its Group Companies against any liability (whether in respect of any insured risk or otherwise) that may arise out of, relate to or be in connection with any worker’s use of any motor vehicle for any purpose requested by the Client. The Client shall, at the time it posts the Assignment, notify TJA of the requirement (if any) to use a motor vehicle for any business purpose in connection with that Assignment.
22. You agree that TJA may call or text you to facilitate the performance of any of your Engagements.

8. Workers

1. All Workers using the Service are classed as casual workers, unless registered as self-employed, by the definition below:
   • The Engagements are varying in length but typically short and are paid one shift at a time.
   • The Engagements are sporadic and not defined by a set pattern.
   • The Engagements are form varying Clients and for Varying types of work.
   • The Assignments do not have to be created by a Client and do not have to be accepted by a worker, the choice is with the Client as to who has sight of any Assignment and the worker as to whether they accept or do not accept any Assignment they are notified of.
   • On accepting an Assignment, you are committed to that Engagement under the terms of Service. You can however cancel your commitment via the service at any time (please refer to the 24hrs minimum notice and 3-strike rule in 7.10).
2. As part of its Service, TJA will use reasonable endeavours to confirm the worker’s identity and verify that the worker has the right to work (according to the Home Office latest advice and regulations), the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. Notwithstanding the foregoing, TJA shall not be liable or responsible to the extent it has been provided with misleading, incorrect, inaccurate, false or fraudulent information by a worker. It is an offence to mislead or attempt to mislead TJA in the use of our service(s).
3. It is the Client’s responsibility to supervise the worker(s) assigned to their Engagements and to ensure that the worker(s) provide the TJA Services in accordance with the Client’s reasonable instructions and to the Client’s reasonable satisfaction.
4. Should any of TJA Services prove to be unsatisfactory, TJA may (at its sole discretion) reduce or cancel the Service Fee charged for the time worked by that worker, provided that the worker leaves the Engagement immediately and in any case within: (a) four (4) hours of the worker commencing his Engagement where the Engagement is for more than seven (7) hours; or (b) two (2) hours of the worker commencing his Engagement where the Engagement is for seven (7) hours or less; and provided that the Client notifies TJA via the 'HAVE A PROBLEM' button within the Service as soon as the worker leaves the Engagement.
5. The Client acknowledges that the worker is not authorised or permitted by TJA to enter into any contract with the Client purporting to be made or on behalf of TJA, or to make any statements or representations to the Client purporting to be made by or on behalf of TJA and/or receive loans or advances on wages from the Client (for example ‘cash in hand’).

9. Liability

1. Nothing in these Terms of Service limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) knowing fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Service or any content on it, whether express or implied.
3. We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including the engagement of workers via our Service). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
4. If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms of Service shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
5. Workers engaged via the Service perform the Engagements under the direction and control of the Client. TJA provides matchmaking and platform services only and you agree that TJA has no responsibility for any other aspect of service delivery or interaction between Workers and Clients.

10. Agency Regulations, Conduct Regulations and Other Applicable Law

1. Clients hereby warrant that they do and shall, at all times, comply with all relevant statutes, laws, regulations and codes of practice from time to time in force under applicable law.
2. Clients shall, and shall ensure that any subcontractor or other intermediary (including any Group Companies of the Client, any subcontractor or other intermediary) shall, at all times comply with their obligations under the Agency Regulations, the Conduct Regulations and all other applicable law. This includes but is not limited to: (a) providing family-related rights to eligible workers in accordance with Parts VI and VII of the Employment Rights Act 1996; (b) providing workers with access to collective facilities and amenities and employment opportunities in accordance with regulations 12 and 13 of the Agency Regulations; and (c) to the extent that, under the Agency Regulations, it is the Client’s responsibility, providing Qualifying Workers with their entitlements under regulation 5 of the Agency Regulations.
3. Clients warrant that they shall not post Assignments or participate in Engagements where the worker is or would be providing TJA Services to cover (whether directly or indirectly) duties normally performed by a worker who is taking part in a strike or other industrial action.
4. If either you or TJA receive an allegation that there has been a breach of the Agency Regulations or the Conduct Regulations in relation to the supply of a worker to the Client using the Service, the receiving party shall provide a copy of that allegation to the other party within seven (7) days of receipt. We shall co-operate with each other in responding to that allegation, including by supplying any information which may be reasonably requested by the other and complying with any reasonable requests in relation to the contents of any response.
5. In complying with AWR it is our policy that after 8 continuous weeks of a worker working on your site, you will be required to provide to TJA when it is asked of you , the pay and working conditions of a permanent employee to ensure that the workers AWR rights are upheld.

11. Anti-Bribery

1. TJA is committed to applying the highest standards of ethical conduct and integrity in its business activities in the UK and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all business dealings and relationships, wherever we operate. TJA expects the same commitment from its Clients and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010; and (ii) any TJA Anti-Bribery and Anti-Corruption Policy as may be in force from time to time (to the extent that this applies to Clients).

12. Modern Slavery

1. This statement is made pursuant to s.54 of the Modern Slavery Act 2015.
2. Modern slavery encompasses slavery, servitude, human trafficking and forced labour. TJA has a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain. We are an equal opportunities platform and support the BAME community and BLM movement.

13. Indemnity

1. The Client hereby acknowledges and agrees to indemnify and keep indemnified TJA, each of TJA’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation or breach of these Terms of Service, or your infringement or alleged infringement of any law (including, without limitation, the Agency Regulations and the Conduct Regulations) or the rights of a third party in the course of using the Service.
2. TJA can apply any funds owed to you against any liabilities you owe to TJA or loss suffered by TJA as a result of your non-performance or breach of these Terms of Service.

14. Transfer Fees

1. At TJA our mission is to get people back into work, create a better work/life balance for our workers and create a lean and flexible pool of workers for our Clients to engage and dis-engage as their need changes. We do however charge a transfer fee to Clients of 10% the average wage over 12 months on a pro-rata basis. Should a Client wish to make a worker within Tthe Service a permanent employee TJA requires notification in writing of such a change within 48 hours of the workers start date as a permanent employee. The worker will remain as a user of TJA and can engage the service for all other Clients outside of their employer Client. Transfer fees are only applicable to Clients who have first engaged the Qualifying Worker via our Service.
2. Alternatively the Client may choose to engage the Worker via TJA Service for a further 8 working weeks and hence mitigate any Transfer Fee. The 8 week period will begin from the receipt in writing of the notice to employ on a permanent basis and must be a direct continuation (in both shift hours and responsibilities) of the shifts previously allocated to the Worker via The Client.

15. Dispute between workers and Clients

1. You acknowledge and agree that in the event that a Dispute arises between you and any worker in relation to any Assignment/Engagement/Shift you will Contact us via the ‘I have a problem’ button within the service, before taking any action.

16. Other Important Terms

1. In the event of conflict between these Terms of Service, the TJA Agreement/Service Level Agreement (if applicable) and the TJA Privacy Policy, the following order of precedence shall apply: (i) the TJA Agreement/Service Level Agreement (if applicable); (ii) these Terms of Service; and (iii) the TJA Privacy Policy.
2. If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Service.
3. TJA operates as an employment business within the meaning of the Employment Agencies Act 1973 and the Conduct Regulations. TJA is not an employment agency and no worker are or shall be deemed to be an employee of TJA.
4. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between TJA and any Clients (unless agreed in a separate Service Level Agreement), constitute either TJA or any Client the agent of the other, or authorise either TJA or any Client to make or enter into any commitments for or on behalf of the other.
5. This contract is between you and TJA. Save for TJA’s Group Companies and the officers, directors, agents and employees of TJA and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.
6. You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
7. If TJA delays exercising or fail to exercise or enforce any right available to it under these Terms of Service, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Service.
8. TJA may suspend, withdraw, discontinue or change all or any part of the Service without notice.
9. These Terms of Service, together with any documentation referenced within them, constitute the entirety of the agreement between you and TJA.
10. Any notice or other communication given to a party under or in connection with these Terms of Service shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its Primary place of business (in any other case); or (ii) sent by email to the address specified in the Client’s Account, Service Level Agreement or TJA Software Agreement (as applicable). Notices will be deemed given 24 hours after the e-mail is sent (if sent by email) or the third day after the date of mailing (if sent by post).
11. These Terms of Service, and any contract between you and TJA, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.

17. Contacting The Job App

1. All communications in the first instance should be made via customerservice@thejobapp.comsupport@thejobapp.com

18. Client Referral Scheme for Existing Clients

1. Selected Clients may be subject to our Client referral Scheme as set out in a separate Service Level agreement document.
   You must be a verified employer on our app having completed and paid for at least one shift with us.
   • You cannot refer someone from your own company, it must be a different company who is not already a client verified with TJA.
   • Once your referred company is successfully verified, completed and paid for their first shift, you will receive 10% of the NET Profit on all successful and completed Engagements (ex VAT)s for a period of 6 months from the first successful and completed Engagement of the referred Client.

Community Guidelines

Welcome to The Job App! We are an online platform which connects businesses to local Workers, on an ad-hoc basis easier, faster, and cheaper than ever before. We enable businesses (Client) to be leaner and more flexible and provide an app for Workers to choose when they work, where they work and what work they do, with no obligation or expectation outside of doing a good job for the Client should they choose to accept a shift.

These terms and conditions (the “Community guidelines”) preside over the use by Workers of the services offered by The Job App the website, web application and mobile application. You can access these here: https://thejobapp.com Such services, website and mobile applications are hereinafter together referred to as the “Service”. The Service is operated by TheJobApp ltd of The Bristol Office, 2nd Floor 5 High Street, Westbury On Trym, Bristol, England, BS9 3BY (company registration number 12486317) referred to as ‘TheJobApp’, ‘TJA’, ‘we’, ‘us’ and ‘our’.

These Community Guidelines also set out the terms and conditions on which TJA will provide Workers with the opportunity to provide temporary services to Clients and the terms and conditions on which those temporary services must be provided. These Community Guidelines shall govern all Engagements undertaken by Workers. No contract or guidelines shall exist between TJA and you between Engagements.

If you are a Worker, please read these Community Guidelines carefully and in conjunction with the TJA Privacy Policy before using the Service. Your use of the Service (including by accepting and undertaking Engagements) constitutes your acceptance of and agreement to all of the terms and conditions defined herein.

If you are a Client, please refer to the TJA Terms of Service, along with any other agreement which may be in place between TJA and your business, such as a TJA Software Agreement or TJA Service Level Agreement (if applicable), and the TJA Privacy Policy, which preside over your use of the Service.

TJA reserves the right, from time to time, with or without notice, to change these Community Guidelines at its sole discretion, and the latest version will appear on the Service with the date that it was last updated. TJA will notify Workers by way of notice on the TJA online platform and email (to the email address registered with TJA) when any changes are posted. By using the Service after any changes have been posted, you agree to the new terms. If TJA makes any significant changes to these Community Guidelines, it will notify Workers by email (to the email address registered with TJA) in advance.

1. Definitions and Interpretation

1. The following definitions and rules of interpretation apply in these Community Guidelines:

“Account” means the TJA account you open when you register to become a Worker and use the Service;

“Agency Regulations” means the Agency Workers Regulations 2010;

“Appoint” means the employment or engagement of any individual who is or was a Worker by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than TJA as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Appointed, Appoints or Appointment shall be construed accordingly’;

“Assignment” means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;

“Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;

“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, TJA or TJA’s Group Companies for the time being confidential to the Client, TJA or TJA’s Group Companies and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or TJA or TJA’s Group Companies or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Casual Worker creates, develops, receives or obtains in connection with an Engagement, whether or not such information (if in anything other than oral form) is marked confidential;

“Engagement” means a Client’s engagement of a Worker via the Service to provide Worker Services in respect of any Assignment;

“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where “holding company” and “subsidiary company” shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;

“Introduction Fee” means a fee payable by the Client to TJA in the circumstances set out in clause 18;

“Qualifying Worker” means any Worker who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Regulations;

“Qualifying Period” means the 12-week qualifying period as defined in regulation 7 of the Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;

“Relevant Period” has the meaning given to it in regulation 10(5) and (6) of the Conduct Regulations;

“Shift” means one or more recurring periods in which a Worker provides services in relation to a single Engagement;

“Worker Services” means the activities to be performed by Workers during the course of any Engagement;

“User” means a worker or a Client that registers for an Account.

1.3 In these Community Guidelines headings (including any sections and subsections) are for convenience only and do not affect interpretation.

1.4 References to “you” are a reference to a Worker.

2. User Accounts

1. Workers are required to create an Account to use the Service. By joining, a Worker confirms that they are aged 16 or over and are legally capable of entering into binding contracts. As the legal age for binding contracts in the UK is 18, any Worker under that age agrees that by using the Service they are capable of reading and understanding the Community Guidelines and are therefore exempt from the ‘Minor’ rule. TJA will provide you with login credentials and on-boarding information.
   All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Worker has any reason to believe that their Account is being used by anyone else, contact us immediately on support@thejobapp.com .If we believe that a Workers Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.
2. We may, at our absolute discretion, refuse to register any person or entity as a User.
3. If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on support@thejobapp.com.

3. Content on our Service

1. We may change or remove content, functionality, or parts of our Service at any time.
2. The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us, or licensed to us by third parties. Our Service and content are protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any licence or right to use, alter or remove such material. You may not use our trademarks, logos, or other intellectual property without our prior written approval.
3. From time to time, our Service may include links to other websites, applications, or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications, or web properties.
4. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by several factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
5. Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
6. We do not guarantee that the Service, or any content on it, will be free from errors or omissions.

4. User Licence

1. We allow Workers to submit applications for Assignments (which may include, for example, pictures, text, information, and/or other types of content) (the “Content”).
2. You hereby grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Service and for other business needs of TJA. You accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes (including but without limitation to promoting part or all of the Service). This section does not affect your rights nor our obligations under the TJA Privacy Policy.
3. You irrevocably and unconditionally waive any and all moral rights in any Content.
4. You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content, or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
5. By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Community Guidelines and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Community Guidelines.

5. Your use of our Service

1. You agree that you will not:
   1. impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
   2. fail to deliver Worker Services to the Client;
   3. advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;
   4. use virtual private networks, false email addresses or any other means to mask your identity;
   5. attempt to access the accounts of other Users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
   6. disable or modify any copy protection technology used on the Service;
   7. abuse or manipulate the rating/review system on the Service;
   8. alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
   9. collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
   10. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
   11. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
   12. do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, over burden or impair the Service;
   13. otherwise use the Service in violation of these Community Guidelines.
2. We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Community Guidelines. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

6. Your Relationship with TheJobApp

1. TJA operates as platform only, connecting adhoc local workers to shifts according to experience and availibity. We use a payroll partner for all payroll services and as such this partner acts as the employer within the meaning of the Employment Agencies Act 1973 and the Conduct Regulations.
2. Upon accepting an Engagement, Workers are engaged by our payroll partner via TJA as casual workers within the meaning of section 230(3) of the Employment Rights Act 1996. TJA is not an employment agency and no Worker is or shall be deemed to be an employee of TJA.

7. Terms of Assignments

1. TJA does not review, approve, recommend, or verify any of the credentials, licences or statements in relation to Assignments posted by Clients on its Services. TJA shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.
2. In respect of each Engagement, Workers shall be engaged by TJA under a contract for services. Workers act for and under the control of Clients for the duration of each Engagement. TJA and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Workers or Clients.
3. At the time when an Assignment is available for a Worker to view, TJA shall provide Workers with the following information:
   1. the identity of the Client, and if applicable the nature of its business;
   2. the date on which the Client requires the Worker to commence work and the duration, or likely duration, of that work;
   3. the position which the Client is seeking to fill, including the type of work the Worker would be required to do, the location at which, and the hours during which, the Worker would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
   4. the hourly rate at which the Worker would be paid;
   5. the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law, or any professional body, for the Worker to possess in order to work the Assignment;
   6. any expenses payable by or to the Worker.
4. At the time when a Worker applies for an Assignment, the Worker shall provide information regarding their experience, training, qualifications and authorisations which are necessary for the Assignment. In applying for an Assignment, the Worker confirms that they are willing to carry out the Assignment.
5. You understand and agree that TJA will use reasonable endeavours to confirm your identity and to verify that you have the required skills, qualifications and experience to apply for Assignments and undertake Engagements with the Clients. This may include TJA conducting extensive background checks to verify your identity and criminal record and Workers give TJA all necessary consents to undertake such checks to the extent permitted by applicable law.

8. Accepting Engagements

1. You are not obliged to accept any Assignments and, upon accepting an Assignment, are not obliged to accept any subsequent Engagement. Similarly, TJA is not obliged to make any Assignments available to you, this is at the sole discretion of the Client, and is not obliged to ensure that Clients offer you Engagements.
2. Upon accepting an Engagement, as soon as possible before the commencement of the Engagement and during each Engagement (as appropriate) and at any time at TJA’s request, you undertake to:
   1. inform TJA of any calendar weeks whether before the date of commencement of the relevant Engagement or during the relevant Engagement in which you have worked in the same or a similar role with the Client directly or via any third party;
   2. provide TJA with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by TJA; and
3. Upon being engaged via the Service to perform an Engagement, the Worker may, at any time prior to the commencement of such Engagement (or the first Shift of the same) cancel the Engagement. We do however ask workers to allow TJA and the Client a minimum of 24hrs notice of cancellation, before the Engagement starts, to be able to re-post the Engagement. TJA exercise a 3-strike rule for all Users who cancel an Engagement after the 24hr notice period has expired and in any given 3-month period.

9. Confirming and Performing Engagements

1. For each Shift and/or Engagement, TJA requires you to confirm that you accept the Engagement in its entirety and that you will be attending. All shifts must be confirmed via TJA’s mobile application.
   1. For each Shift and/or Engagement accepted more than 36 hours ahead of the scheduled start time, you will receive a reminder notification and be required to confirm via TJA’s mobile application that you are still able to perform the service. If you do not confirm your shift in the following 11 hours i.e. 25 hours before your scheduled Shift start time you will be sent another reminder for immediate action, if you do not confirm in the following 1 hour i.e. 24hrs before the shift is due to start you will be automatically be removed from the Shift, the Client informed and the Shift will be re-advertised should the Client still wish to fill it.
   2. By accepting any Shift within 36 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift. Any cancellation at that point will be deemed a strike against your name for that 3-month period.
2. Upon accepting an Engagement, you confirm that:
   1. you will co-operate with the Client’s lawful and reasonable instructions and will accept the director, supervision and control of any responsible person within the Client’s organisation;
   2. you will observe and obey any of the Client’s relevant rules, policies and/or regulations including, without limitation, the Client’s health and safety policies;
   3. you will abide by the Client’s uniform and conduct rules (if any);
   4. you will take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions whilst you are performing the Engagement;
   5. you will be on your best behaviour, work hard and serve the Client to the best of your ability at all times during your Shift and/or Engagement;
   6. you will not engage in any misconduct or behaviour which is detrimental to the interests of TJA or the Client. This includes any actions that could bring TJA or the Client into disrepute and/or which could result in loss of business for either party.
3. You will be required to perform the Engagement or Shifts at the location specified in the applicable Assignment or at such other location as TJA may notify to you. Your travelling expenses will not be reimbursed unless otherwise specified in the Assignment or agreed with TJA in writing.
4. You are required, when performing an Engagement or Shift, to be dressed in clean work clothes / uniform and to be immaculate in appearance. Your hair must always be clean and tidy, long hair should be tied up and men should be clean shaven, with the following exceptions: a neatly trimmed moustache, goatee or beard is permitted. If TJA receives two or more complaints from Clients regarding your appearance, TJA reserves the right to suspend your use of the Services.
5. If, either before or during the course of an Engagement, you become aware of any reason why you might not be suitable for the Engagement, you must notify the Client and TJA without delay on the following email: support@thejobapp.com
6. You agree that TJA may call or text you to facilitate the performance of any of your Engagements.
7. Workers are not authorised or permitted by TJA to enter into any contracts with Clients purporting to be made by or on behalf of TJA or TJA’s group of companies, or to make any statements or representations to the Client purporting to be made by or on behalf of TJA and/or receive loans or advances on wages from the Client.

10. Food Hygiene

1. TJA is committed to the highest standard of health and hygiene. You will immediately notify TJA if you are suffering from an illness or condition that prevents you from working with food. You warrant that, for the duration in which you are suffering from any such illness or condition, you will not apply for any Assignments or perform any Engagements or Shifts which require you to work with food.

11. Misconduct

1. The following behaviour will be regarded as misconduct which could entitle the Client to ask you to leave the Shift/Engagement:
   1. Theft and/or fraud.
   2. Discrimination, bullying and harassment.
   3. The use of company facilities and equipment for personal reasons in work time.
   4. Damage to property belonging to or in the possession of the Client or of other service providers.
   5. Drunkenness.
   6. Abusive behaviour (verbal or non-verbal) physical violence or assault.
   7. Swearing or abusive language. Fighting at work.
   8. The wilful failure to follow management instructions or guidelines.
   9. Possession of an offensive weapon.
   10. Smoking in the workplace (other than designated areas), or consumption of alcohol or drugs.
   11. Conduct likely to endanger persons or property.
   12. Failing to switch off mobile phone during your working hours.
   13. Any use of mobile phone outside of your designated rest breaks or for the purposes of clocking in and out of an assignment and other assignment related issues.
   14. Failure to speak good English, which is mandatory for all Engagements.
2. If you are asked to leave a Shift/Engagement for any of the behaviours identified above, you will not be paid for the remainder of the Shift/Engagement and TJA reserves the right to terminate this contract and prevent you from using the Services.

12. Remuneration

1. You will be paid at the end of each shift and on sign-off of that shift and in accordance with the gross hourly rates set out in the terms of your Engagement, as agreed between you and the Client (the “Remuneration”) subject to deductions for income tax and National Insurance contributions in accordance with applicable laws.
2. For the avoidance of doubt, the Remuneration shall never be less than the minimum hourly rates set out in the laws of England and Wales from time to time.
3. In addition to the Remuneration, following completion of the Engagement, you will receive a payment in lieu of holiday (the “Holiday Pay”) that is or would become due and payable to you in accordance with applicable laws, again subject to deductions for income tax and National Insurance contributions in accordance with applicable laws. Currently set at an accrued rate of 12.07% of hourly rate.
4. Subject to your compliance with TJA’s timekeeping procedures set out in clause 14, payment of the Remuneration and the Holiday Pay (minus deductions) will be made to the bank account nominated by you on your Account immediately following successful completion of the Engagement. N.B. Such payment could be subject to delay due to your own banking system.
5. Where, pursuant to the terms of an Engagement, the Client has agreed to reimburse a Worker for certain expenses (for example, food and travel), claims for such expenses along with any overtime hours agreed by both the Worker and The Client should be added to the Gross total, see clause 14, before the ‘PAY NOW’ button is pressed for sign off of that shift. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.
6. TJA reserves the right to make deductions from any payments due to you from TJA for any sums owed by you to TJA, including but not limited to any overpayment in respect of previous Engagements, any other deductible expense or cost, and/or the amount of any loss to TJA resulting directly from any act of gross negligence or carelessness or any other breach of these Community Guidelines by you.
7. Subject to any applicable statutory entitlement, you are not entitled to receive payment from TJA or the Client for time not spent working on the Engagement, whether in respect of holidays, illness or absence for any other reasons, unless otherwise agreed.

13. Pensions

1. You may opt-out of the auto-enrolment workplace pension scheme (operated by our payroll partner) when onboarding The Service by ticking the appropriate box. Should you opt-in, deductions of 5% of your gross wages will be deducted weekly and only if the lower threshold of £156 per week has been met. This figure is a middle point between the £6250 (£120/week) per annum lower threshold set by HMRC and the £10000 (£192/week) per annum trigger point also set by HMRC. Membership of this scheme is strictly subject to the rules of the scheme as amended from time to time. TJA reserves the right to vary or discontinue any scheme which is in place from time to time. If you are a member of the pension scheme, TJA Payroll Service shall be entitled to deduct from your salary any amounts payable by you as member contributions to the pension scheme.

14. Sign-off

1. For each Shift and/or Engagement, TJA requires you to receive a sign-off by the Client. There are two options for the Client at this stage. The ‘PAY NOW’ button or ‘I HAVE A PROBLEM’ button. TJA requires all Workers to ensure one of the two buttons are pressed at the end of each shift to facilitate either payment or customer service engagement in the event of a problem. This is to ensure that TJA has an accurate record of the hours you have spent working and, therefore, can correctly transfer the pay due to you. Sign-off is generated via The Service as follows:
   1. at the beginning of each Shift you must “clock in” using the mobile application to register your start time by ensuring that the Client scans the QR code found on your booking; and
   2. at the end of each Shift you must “sign out” by getting The Client to press either the ‘PAY NOW’ button or the ‘I HAVE A PROBLEM’ button
2. If the Client is unable to scan your QR Code or refuses to do so at the beginning of your Shift, you must contact us immediately via the service.
3. If, for any reason you cannot “clock in” and “sign out” using the mobile application at the beginning and end of a shift, TJA will allow a grace period of up to four (4) hours after the scheduled end time of your Shift. If you fail to provide this information by the conclusion of this grace period, TJA reserves the right to suspend your use of the Services.
4. In the event that you disagree with a timesheet, please Contact Us at support@thejobapp.com within 48 hours of receiving your pay to lodge a dispute with TJA and to state what you consider to be the correct times/expenses/over-time. TJA will consult with the Client to resolve the dispute and will confirm the outcome to you in writing.
5. Failure to comply with the time recording procedure at clause 14.1 may result in a delay in making payment of the Remuneration and Holiday Pay to you as we investigate (in a timely fashion) the hours, if any, worked by you. TJA will not pay you for hours not worked.
6. The number of hours which you are required to work will be as set out in the Assignment. You are not obliged to work any hours in excess of those set out in the Assignment (“Overtime”) but may agree with the Client to do so. You will receive the Remuneration (plus Holiday Pay) for any Overtime and this should be added via The Service by The Client before the ‘PAY NOW’ button is pressed. If you incur any extra travel expenses as a result of working Overtime you may claim these from the Client via The Service and these too should be added by The Client at the end of the shift and before the ‘PAY NOW’ button is pressed. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.

15. Attendance

1. TJA takes punctuality for Engagements very seriously. We encourage you to plan your journey ahead leaving room for delay. Once you arrive report to a manager/supervisor so you can clock in and generate a timesheet. If you are going to be late for a Shift, please Contact Us via The Service so that we can notify the Client.
2. If you arrive to a Shift late, the Client is entitled to send you home and you will not be paid for the Shift. Furthermore, if you are reported to TJA as being over 10 minutes late on two or more occasions, TJA reserves the right to suspend your use of the Services. TJA operates a 3-strike rule. Two late attendances will count as two strikes. Please refer to our Service Terms and Conditions.
3. If you accept an Engagement which you are subsequently unable to attend, you must notify TJA immediately by cancelling the Engagement via the Service. If you cancel a Shift or an Engagement less than 24 hours (but more than 30 minutes) before that Shift or Engagement is due to start you will receive a “strike”. If you receive three strikes, TJA reserves the right to suspend your use of the Services.
4. TJA understands that sometimes plans change and that you may need to cancel a shift within the 24 hour minimum threshold period. You may work off your first or second strikes by completing 10 shifts without obtaining any further strikes. If you gain three active strikes within any 3 month period TJA reserves the right to suspend your use of the Services.
5. If a Shift or Engagement is cancelled by the Client, TJA will take reasonable steps to give you as much notice as possible. If a Shift or Engagement is cancelled by the Client less than 24 hours before that Shift or Engagement is due to start, you may be paid compensation of up to 4 hours’ Remuneration. The payment of compensation will be determined by TJA acting in its sole discretion.
6. If you fail to attend your Engagement without notifying TJA, TJA reserves the right to terminate this contract and prevent you from using the Services. If you cancel the Engagement via the Service less than 30 minutes before that Shift or Engagement is due to start, TJA reserves the right to terminate this contract and prevent you from using the Services.

16. Feedback and ratings

1. By using the Services, you agree to be given feedback by Clients to whom you have provided services. You acknowledge that feedback will consist of ratings and reviews left by Clients and that these ratings and reviews will be used by TJA to display on your profile publicly. TJA is not legally responsible for any rating or review posted on its services by any Users or third parties.
2. TJA uses Clients’ ratings of your services provided at its discretion to decide whether to allow you to maintain access to the platform.

17. Your rights

1. You are entitled to 5.6 weeks’ paid annual leave per year, calculated pro rata by reference to the number of hours worked and accruing at the rate of 12.07% of the hours worked. Holiday entitlement is accrued from your first hour of working. You will be paid an amount in lieu of any accrued but untaken leave following the end of each Engagement.
2. You are entitled to an unpaid rest break of at least 20 minutes during each Shift of over 6 hours. The Client will notify you as to when you may take this (or any other) break. TJA cannot guarantee that the Client will provide food, drink or other refreshments, so you are advised to take your own.
3. Under Regulation 4 of the Working Time Regulations 1998 you have a right not to work more than an average of 48 hours in any 17-week period. By using the Services you agree that this limit on working time shall not apply to you unless you give TJA not less than three months’ prior notice in writing that you wish to withdraw your agreement and for the limit to apply to you.
4. As a Worker of TJA you are classed as a temporary casual worker and are therefore not entitled to mandatory sick pay.
5. If you are a Qualifying Worker, you may be entitled to benefit from certain other working conditions for the duration of the applicable Engagement.

18. Temporary to Permanent

1. You acknowledge that TJA will be able to charge the Client an Introduction Fee where the Client or any of its Group Companies Appoints you as a permanent employee.
2. The Introduction Fee will not be payable if the Client agrees to have you supplied by TJA for a further 8-week period(please see terms and conditions on https://thejobapp.com/termsandconditions at the end of which you may be engaged by the Client or any of its Group Companies without further charge.

19. Termination

1. If you do not contact TJA or use the online platform for more than one month, TJA reserves the right to terminate your profile from the Services and archive your profile from TJA’s online platform.
2. Workers who are suspended from TJA’s online platform or who have not accepted and worked a Shift within a 3-month period will lose access to the incentives and perks (if any) offered by TJA under clause 29.
3. No notice is required from you [or TJA] to terminate this agreement.

20. Confidentiality

1. In order to protect the confidentiality and trade secrets of any Client and TJA and without prejudice to every other duty you agree that you will, both during and after any Engagement, keep confidential and not disclose to any person (except in the proper performance of your services under any Engagement) nor use for your own benefit or for the benefit of any third party, any Confidential Information. You also agree that you will not, at any time, make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or TJA except when required to do so in the course of an Engagement, in which circumstances such copy abstract or summary would belong to the Client or TJA.
2. You agree to deliver up to the Client or TJA at the end of each Shift all documents, ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client (and all copies) which are in your possession including documents, any data produced, maintained or stored on the Client’s computer systems or other electronic equipment and other materials created by you during the Shift.
3. You must also keep confidential details concerning the presence and conduct of any persons attending an event.
4. This clause shall not apply to any information which is in the public domain other than through a breach by you of this or any other obligation of confidentiality, or which you are ordered to disclose by a court of competent jurisdiction.

21. Data Protection

1. During the term of this contract, it will be necessary for TJA to retain personal data and other information about you. You consent to TJA and Clients holding and processing such personal data for legal, personnel, administrative, management and payroll purposes.
2. (c) information relating to any criminal proceedings in which you have been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
3. Any such data processing will at all times be in accordance with the Data Protection Act 1998 and TJA recognises the importance of respecting the personal privacy of all its Workers.
4. You also consent to TJA making such information available to the Client, TJA’s Group Companies, those who provide products or services to TJA (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of TJA or TJA’s Group Companies or any part of its business.
5. You consent to the transfer of such information outside the European Economic Area for purposes connected with the performance of these Community Guidelines.

22. Personal Possessions

1. Neither TJA nor Clients will be responsible for your personal belongings. Please ensure that you keep your personal possessions secure. You are advised not to take any items of value with you to Shift or Engagement. Please note that Clients have the right to ask to search your bags on their premises.

23. Security

1. If you have accepted an Engagement which requires security clearance TJA reserves the right to pass on necessary details to the relevant authorities. By using the Services you agree to provide a photograph of yourself which may be used for security clearance purposes.

24. Photographs

1. In addition to providing a photograph for the purposes of security, by using the Services you also agree that you allow photographs of your profile and any photos and video footage of Engagements at which you have worked to be published on TJA’s website and used in other marketing materials which may be produced by TJA.

25. Equal Opportunities

1. It is TJA’s policy to ensure that no Worker or Client receives less favourable treatment on the grounds of race, sex, disability, age, sexual orientation, religion, belief or ethnic or national origin. If you fail to adhere to this policy, TJA reserves the right to terminate this Contract.

27. Liability

1. Nothing in these Community Guidelines limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
3. We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Community Guidelines, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including your participation in any of the Engagements). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from Clients in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
4. If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Community Guidelines shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
5. Workers engaged via the Service perform the Engagements under the direction and control of the Client. TJA provides matchmaking and platform services only and you agree that TJA has no responsibility for any other aspect of service delivery or interaction between Workers and Clients.

28. Indemnity

1. Workers hereby acknowledge and agree to indemnify and keep indemnified TJA, each of TJA’s Group Companies and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of their negligence, misrepresentation or breach of these Community Guidelines, or their infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.
2. TJA can apply any funds owed to you against any liabilities you owe to TJA or loss suffered by TJA as a result of your non-performance or breach of these Community Guidelines.

29. Worker Incentives

1. TJA may, in its absolute discretion from time to time, make certain incentives and/or perks available to Workers. TJA may vary, suspend or discontinue any such incentives or perks at any time.

30. Dispute between Workers and Clients

1. You acknowledge and agree that in the event that a dispute arises between you and any Client in relation to any Assignment/Engagement/Shift you will Contact Us on support@thejobapp.com before taking any action.

31. Other Important Terms

1. In the event of conflict between these Community Guidelines, TJA T&Cs, TJA Service Level Agreement (if applicable) and the TJA Privacy Policy, the following order of precedence shall apply: (i) the TJA Service Level Agreement (if applicable); (ii) TJA T&Cs; (iii) these Community Guidelines; and (iv) the TJA Privacy Policy.
2. If any provision or part-provision of these Community Guidelines is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Community Guidelines.
3. Nothing in these Community Guidelines is intended to, or shall be deemed to, establish any partnership or joint venture between TJA and any Workers, constitute either TJA or any Worker the agent of the other, or authorise either TJA or any Worker to make or enter into any commitments for or on behalf of the other.
4. This contract is between you and TJA. Save for TJA’s Group Companies and the officers, directors, agents and employees of TJA and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.
5. You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
6. If TJA delays exercising or fail to exercise or enforce any right available to it under these Community Guidelines, such delay or failure does not constitute a waiver of that right or any other rights under these Community Guidelines.
7. TJA may suspend, withdraw, discontinue or change all or any part of the Service without notice.
8. These Community Guidelines, together with any documentation referenced within them, constitute the entirety of the agreement between you and TJA.
9. Any notice or other communication given to a party under or in connection with these Community Guidelines shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Worker’s Account. Notices will be deemed given 24 hours after the e-mail is sent (if sent by email) or the third day after the date of mailing (if sent by post).
10. These Community Guidelines, and any contract between you and TJA, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.

32. Contacting TJA

1. TJA’s office is located at The Bristol Office, 2nd Floor 5 High Street, Westbury-on-Trym, Bristol, England. BS9 3BY. Please feel free to contact us by email on support@thejobapp.com