ShortStaf Host Fees

Payment Processing Fees (2.9% + .30) + 22% of Transaction (ShortStaf Fee)

ShortStaf Terms and Conditions

Please be advised that Short Staffed, LLC reserves the right to change or amend any and all of the following Terms and Conditions, at any time and for any reason, with or without knowledge to the user.

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ShortStaffed, LLC, ShortStaf, OR ANY OF OUR SUBSIDIARIES (“WE/US”). BY VISITING THE WEBSITES OR USING THE APPLICATIONS (APPS) AND SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITES, APPLICATIONS (APPS) OR SERVICES. USE OF OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

Definitions:
“We”, “us”, or “our” or “ShortStaffed, LLC, d.b.a. as ShortStaf (a Florida Limited Liability corporation), and/or any of our subsidiaries, we, us, our and terms of similar meaning.

“You”, “your”, or “User” refers to you or anyone who uses the Websites, Applications, the Products, the Apps, the Cloud Services or any of the Services in any manner.

“Websites” is defined below.

“Apps” refers to the ShortStaf® mobile application and any other future mobile applications developed for the Products.

“Services” refers to use of the Website, Apps the services provided by the Website, such as cloud services, which may specifically pertain to one or more of the Products, including but not limited to ShortStaf® as well as use of the Products themselves, use of the Apps and/or use of the Cloud Services pertaining to the Products.

1 ACCESS TO THE SERVICES. The https://www.shortstaf.com the website and domain name,the https://www.shortstaf.com website and domain name, and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by us in connection therewith (collectively, the “Websites”) are owned and operated by us. Subject to the terms and conditions of this Agreement, we may offer to provide certain services, as described more fully on the Websites, and that have been selected by you (together with the Websites, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Websites, Applications and any service we perform for you, including cloud services, and the Content (as defined below) offered by us on the Websites. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. We reserve the right, in our sole discretion, to modify this Agreement at any time by posting a notice on the Websites, through the Apps, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact support@shortstaf.com. You represent and warrant to us that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2 WEBSITE AND SERVICES AND PLATFORM CONTENT. The Websites, the Products, the Apps, the Platforms, the Services, and their contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, videos, articles, photographs, images, illustrations, blogs (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Websites and the Services are protected by copyright as a collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content (and other items displayed on the Websites or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. If you link to the Websites, we may revoke your right to so link at any time, at our sole discretion. We reserve the right to require our prior written consent before linking to the Websites. In the course of using the Services, you and other users may provide information which may be used by us in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Websites or otherwise providing content, materials or information to us or in connection with the Services, including, without limitation, information you have made available automatically through your use of the Product (collectively, “User Submissions”), we hereby are and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Websites, and our (and our successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, we will only share your personally identifiable information in accordance with our Privacy Policy in effect from time to time. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to us does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data, which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

3 RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, contains nudity, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of us; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Short Staffed, LLC (ShortStaf), remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Websites, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Websites is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. It is the sole responsibility for Staff and Host users to verify their personal tax obligation, report, and pay taxes according to the laws of the state and/or country of residence, as applicable and required by Local, State and Federal laws and regulations. Please consult your tax advisor for any advice.

4 WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Websites, the Apps, or the Services; what Content you access via the Services; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from us or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

THE SERVICES, CONTENT, WEBSITES, APPLICATIONS, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5 PRIVACY POLICY. For information regarding our treatment of personally identifiable information, please review our current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by our Privacy Policy.

6 REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with us and select a password and username,, as well as provide your name and email address. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. In the alternative, you may also link a social media account that you own as a form of registration. You may not (i) select or use as an User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a User ID in our discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your ShortStaf account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

7 INDEMNITY. You will indemnify and hold us, our parent, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

8 LIMITATION OF LIABILITY. In no event shall we or our suppliers, or our respective officers, directors, employees or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (I) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the Services and any Products or services purchased through the Services during the 12 month period preceding the applicable claim; (II) for any indirect, incidental, punitive or consequential damages of any kind; (III) for data loss or cost of procurement of substitute goods or services; or (IV) for any matter beyond our reasonable control. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

9 FEES AND PAYMENT. Although some of our Services are currently free to users, we reserve the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Websites, and Applications in connection with such Services selected by you. We reserve the right to change our fees and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Websites. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable. Opting to ‘save’ your card details under any area of the ShortStaf platform grants Us access to charge your saved card at any time for any accrued charges, overtime, penalties, cancellation fees or any other associated fees.

10 THIRD PARTY WEBSITES. The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by us, or the Services may be accessible by logging in through a Third Party Websites, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Websites. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any Third Party Websites. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11 TERMINATION. This Agreement shall remain in full force and effect while you use the Services (including the Products, the Apps and/or the Websites). You may terminate your use of the Services at any time. We may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, the Applications and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12 MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SERVICES, AND SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SERVICES, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH PARTIES, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You agree with Short Staffed, LLC (ShortStaf) that there are no third party beneficiaries intended under this Agreement.

13 ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the State of Florida, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Florida.

14 Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A. A physical or electronic signature of the content provider, member or user; 
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 
C. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
D. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 
E. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: Short Staffed, LLC (ShortStaf) “address”

15 RULES FOR SWEEPSTAKES, CONTESTS, RAFFLES AND PROMOTIONS. In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Websites or the Apps may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. 
A. Coupon and Promotional Codes: Promotions, discount rules or coupon codes. Only one coupon code, discount rule or promotion may be used per event, unless otherwise noted. Promotions, discount rules and coupon codes are valid only to the listed expiration date. Promotional/Coupon codes are subject to change at any time. In order to receive a discount with a promo code, the code must be added to your posting and the promo code added during checkout; the discount will be taken off of your total.

16 CONTACT. If you have any questions, complaints, or claims with respect to the Services, Websites, Apps or Products, you may contact us at: ShortStaf “address” or Info@ShortStaf.com

 

Additional Staff User Terms:

Use of the Application is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old and legally authorized to work in the United States to become a Short Stafer. If you do not qualify, you may NOT submit an application to become a Short Stafer.

1. Short Staffers

By registering to become a Short Staffer and accepting an Open Request, you agree to use your best efforts to perform the Short Staffed Engagement such that the Services are satisfactory to the user, for whom the Open Request was created. Once a Short Staffer has accepted a Short Staffed Request, the Open Request will no longer be available for performance by other Short Staffers who received the Open Request. By accepting an OpenRequest, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request. Do not accept an Open Request unless you are sure that you understand what you are being asked to deliver, can get to and from the user’s location and can deliver the Services in the requested time period.

2. SELF-EMPLOYED RELATIONSHIP

Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Short Staffed, LLC and/or it’s subsidiaries or affiliates “ShortStaf” and you or between the user and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Short Staffed, LLC that is inconsistent with your being self-employed (and not an employee) of Short Staffed. You are not the agent of Short Staffed or the user and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Short Staffed or the user. As a self-employed individual, you are solely responsible for determining which Open Requests you will choose to accept, how, when and where you will provide the requested services. Without limiting the generality of the foregoing:

2.1 Benefits and Contributions. You are not entitled to or eligible for any benefits that Short Staffed, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are self -employed and Short Staffed, llc makes no claims to be your employer, Short Staffed,LLC will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You are not an independent contractor nor an employee of Short Staffed,LLC, or any affiliate of Short Staffed (“ShortStaf”), as stated by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, you agree that you will not, as the result of such classification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either the user and its parents, subsidiaries, affiliates or related entities or by Short Staffed, LLC, its parents, subsidiaries, affiliates or other related entities.

2.2 Taxes. You ‘Short Staffer’ are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of Payments to you under this Agreement, and you agree to do so in a timely manner. It is the sole responsibility for Staff Users to verify their personal tax obligation, report, and pay taxes according to the laws of the state and/or country of residence, as applicable and required by local law and regulations. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.  You agree to indemnify Short Staffed, LLC for the cost of any tax liabilities incurred by Short Staffed, LLC or ShortStaf, as a result of your failure to pay all applicable taxes in a timely manner.

  1. Indemnification. You will indemnify and hold harmless Short Staffed and its parents, affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this Agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Short Staffed engagement, which act or omission gives rise to any claim for damages against you, Short Staffed and/or its parents, affiliates, employees or agents. Short Staffed specifically denies any obligation to defend and/or indemnify you from and against any third party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Short Staffed engagement.
  1. Insurance. You acknowledge that you are a Self-Employed individual, not an employee of Short Staffed. As such, you are not covered by any insurance that may be provided by Short Staffed to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. As a self-employed individual, you are solely and exclusively responsible for your own insurance. Specifically, in the event that you are injured while working in the course and scope of an engagement for Short Staffed, LLC, you acknowledge and understand that you will not be covered by any workers compensation insurance coverage that Short Staffed may provide to its employees. Further, in the event that your actions cause an injury to a third party while you are working in the course and scope of an engagement for Short Staffed, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that Short Staffed may have, and that Short Staffed is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
  1. TERMINATION

5.1 Termination by Short Staffed. Short Staffed reserves the right to terminate your access to the Application if you have not accepted a Short Staffed Engagement in the previous twelve calendar months or if you are in material breach of the agreement.

  1. HIRING REPRESENTATIONS, DISCLAIMERS AND LIMITATIONS

User acknowledges and agrees that user has selected a Short Staffer to become a temporary worker based upon user’s determination that the Short Staffer accepted a Short Staffed Request or an Open Request. Short Staffed makes no representations or warranties as to the skills, experience, background or education of any Short Staffer.

Short Staffer acknowledges that Short Staffer has agreed to become a temporary worker servicing the user based on Short Staffer’s own determination that user offers work acceptable and appropriate for Short Staffer on terms that are acceptable to Short Staffer. Short Staffer understands and agrees that Short Staffer will not become an employee of Short Staffed or be entitled to work for user or receive payment from the user until all identified work has been completed and returned to the user, and the user has accepted the work provided by the Short Staffer.

7. ShortStaf fees.

ShortStaf charges 22% of each transaction for completed events to the host user.  Staff is only charged in the event they do not show up to a confirmed event position, are more than 1 hour late, cancel within 6hours prior to position start time, or arrive to event incapacitated.  That 22% is calculated on the total transaction amount minus the 2.9% + .30 fee, imposed by stripe to Us.

 

PRIVACY POLICY

This Privacy Policy describes our practices regarding the Personal Data and Anonymous Data (each as defined below) that we collect from users of our website (www.shortstaf.com), our mobile applications or related services. This Privacy Policy is incorporated into, and considered a part of, the Terms of Service, currently located ABOVE IN THIS DOCUMENT.

Our use of information collected through our service is limited to the purpose of providing the service for which you (“User”) have engaged Short Staffed, LLC d.b.a (ShortStaf) or any of its subsidiaries.

The specific information we collect through our service is dependent on how you use our service:

You may use ShortStaf as “staff”, which means we collect information such as that needed to onboard you, run possible background checks, notify you of suitable jobs, provide you with information and updates relating to jobs and provide payment information for you related to work you performed.

You may use ShortStaf as a “host”, which means we collect information such as that needed to promote jobs you have to “staff”, provide you with updates relating to those jobs and charge you for work performed.

By submitting or making available Personal Data or Anonymous Data through our website, mobile applications or Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data and Anonymous Data in accordance with this Privacy Policy.

Data We Collect

We collect Personal Data and Anonymous Data from you when you visit our site, when you use our mobile applications and when you send us information or communications:

“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, phone number, zip code, location and e-mail address.

“Anonymous Data” means data about you that is not associated with or linked to your Personal Data.

We collect Personal Data from you, such as first and last name, phone number, address, zip code, e-mail, professional title, company name, and password, when you use our website, applications or services, or post information in our support system. In addition, we (or our third-party credit card, payment processors and background check processors on our behalf) may collect Personal Data including your credit card number, bank account information and social security number when you use ShortStaf, for the purpose of providing services that are an integral part of ShortStaf, such as running background checks and providing payment processing information for work you have completed, and collecting fees for ShortStaf. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us. When you post in our public support forums, the information contained in your posting will be stored on our servers and other users will be able to see it.

To request removal of your personal information from our public forums, contact us at info@ShortStaf.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We also collect other types of Personal Data that you provide to us voluntarily, such as browser version, operating system and version, phone model and version, and other requested information if you contact us for support. We may also collect Personal Data at other points in our website or mobile applications that state that Personal Data is being collected.

We link the information we store in cookies to the personally identifiable information you submit while on our site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a personalized experience. If you choose to disable Cookies, some functions of our Services may not work properly.

In order to notify you of suitable jobs, we use the location information provided by your phone through the ShortStaf application. We may receive updates to your location even when the ShortStaf application is running in the background. You are able to use your phone settings to prevent ShortStaf from obtaining your location. However, this will mean that you will be unable to receive notifications from ShortStaf of suitable job opportunities.

Our Use of Data

Personal Data you submit to us is used either to respond to requests that you make, or to provide the ShortStaf service. We use your Personal Data in the following ways: for the creation and security of your account, to identify you as a user in our system, to provide administration of our Services, to send you an e-mail to verify ownership of the e-mail address provided by you when your account was created, to send you administrative e-mail notifications, to perform a background check, to send you alerts you have configured, to notify you of suitable jobs, to provide payment information to third party payment providers to provide payment for work you performed, to charge you for work performed and to send promotional communications.

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to track usage patterns so that we may enhance our Services and improve site navigation. We reserve the right to use Anonymous Data for other purposes and to disclose Anonymous Data to third parties at our discretion.

If you provide feedback on our Services, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. We will collect any information contained in such communication and will treat Personal Data in such communication in accordance with this Privacy Policy.

We may share your Personal Data with third parties to provide technical support or to provide specific services, such as performing background checks, processing payments and providing support to you.

We may share your contact information with companies with which you accept jobs for the purposes of them communicating with you regarding those jobs. Regardless of any choices you make regarding your Personal Data (as described below), ShortStaf may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on ShortStaf; or (b) protect or defend the rights or property of ShortStaf or users of our Services.

If ShortStaf is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Except as otherwise stated in this policy, we do not sell, trade, share, or rent the Personal Data collected from our services to third parties other than as outlined in this policy. You expressly consent to the sharing of your Personal Data as described in this policy.

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you e-mails that directly promote the use or purchase of our Services. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to opt-out by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Service or Privacy Policy.

You may change some parts of your Personal Data in your account via our website or mobile applications or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your account information by us by sending an email to info@ShortStaf.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We will respond to access to Personal Data within 30 days. When we delete account information, it will be deleted from the active database, but may remain in our archives. We will otherwise retain your information for as long as your account is active or as needed to provide you services as well as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Our customers who are California residents may request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to info@ShortStaf.com

This Privacy Policy is subject to periodic revision. If we make any substantial changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you of the changes, thirty (30) calendar days following our posting of notice of the changes on our site, or the date that you accept the changes (e.g., by clicking an “I Accept” button or similar means). These changes will be effective immediately for new users of our website and Services. At all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, mobile applications or Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.