$5 per event posting + 15%
ShortStaf Terms and Conditions
ShortStaf Mobile and Desktop Application is an internet application (“ShortStaf Mobile Application” or the “Application”) owned and operated by Short Staffed, LLC (“Short Staffed,” “ShortStaf”, “we,” or “us”). Short Staffed provides a service (the “Service”) that allows its users (“users”, “Short Staffers” ) to access ShortStaf’s network of contractors (“Host” or “you”) to identify local providers ( “staff” )to meet intermittent needs for services. The Hosts have access to the Application to receive and review requests for service from staff users and to identify their interest and availability in response to such requests.
This Agreement is an electronic contract that sets out the legally binding terms of the relationship between Short Staffed and you. By submitting an application to become a Short Staffer, you accept and agree to be bound by the terms of this Agreement. Please read it carefully. By accessing the Application, or becoming a Short Staffer, you accept this Agreement and agree to the terms, conditions and notices contained and/or referenced herein.
Short Staffed reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available on the Application or by notifying Short Staffers directly. You are responsible for regularly reviewing this Agreement. Continued use of the Application after any such changes are made to this Agreement shall constitute your consent to such changes. Short Staffed does not assume any obligation to notify Short Staffers of any changes to this Agreement, or the creation or modification of any additional 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 Staffer. If you do not qualify, you may not submit an application to become a Short Staffer.
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. INDEPENDENT CONTRACTOR RELATIONSHIP
Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Short Staffed 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 that is inconsistent with your being an independent contractor (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 an independent contractor, 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 an independent contractor, Short Staffed will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as an employee of Short Staffed, or any affiliate of Short Staffed (“Affiliate”), 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 reclassification, 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, its parents, subsidiaries, affiliates or other related entities.
2.2 Taxes. You 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. 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. To the extent required by the IRS, Short Staffed will report the Payments paid to you for services rendered as part of Short Staffed engagements by filing Form 1099-MISC with IRS. You agree to indemnify Short Staffed for the cost of any tax liabilities incurred by Short Staffed as a result of your failure to pay all applicable taxes in a timely manner.
- 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.
- Insurance. You acknowledge that you are an independent contractor, 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 an independent contractor, 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, 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.
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.
- HIRING REPRESENTATIONS, DISCLAIMERS AND LIMITATIONS
user acknowledges and agrees that user has selected a Short Staffer to become a temporary employee 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 employee 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 agrees to complete such documents as the user or Short Staffed may legally and reasonably require to complete the employer/employee relationship, including without limitation applicable tax forms and the I-9 requirements of the Immigration and Reform and Control Act of 1986 (collectively, the “Employment Paperwork”). 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 Employment Paperwork has been completed and returned to the user, and the user has accepted Short Staffer as an employee.
7. ShortStaf fees.
ShortStaf collects a $5 fee for posting any event. In addition, ShortStaf charges 15% of each transaction for completed events. That 15% is calculated on the total transaction amount minus the $5 fee.