Terms of Use

This page explains the terms of use of the SumoShift (We, Us) service. SumoShift is part of Persona Limited, based at the Welsey Clover Innovation Centre, Coldra Wood, Newport, South Wales, NP18 2YB, United Kingdom.

SumoShift is a platform for facilitating interactions between Clients and Contractors (collectively known as Users). Contractors carry out work during Shifts in exchange for money paid by the Client.

SumoShift is the intermediary between the Client and the Contractor.

A Client and Contractor will enter into an Agreement if:

1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

The Agreement between Client, Contractor and SumoShift:

Initiation

The Client will specify the conditions, details, hours and wages for the Shift they require to be filled by the Contractor. The Contractor will confirm their willingness to carry out the necessary work at the specified hours in order to fulfil the Shift in exchange for the stated wages.

Assurance

Although we vet and verify our users, SumoShift, and its affiliates, are not responsible if the Contractor or the Client do not do what they promote they do. Nor will SumoShift be responsible should either the Contractor’s advertised opportunity, or the Client’s ability to perform the tasks, be of a lower standard than they themselves have communicated.

Performance

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

Fees

SumoShift will charge a fee for the use of the platform and associated services. Refer to the Pricing page for details on fees.

Compensation

For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the “Compensation”) to the Contractor of a fixed amount. The Compensation as stated in this Agreement does not include Value Added Tax. Any VAT required will be charged to the Client in addition to the Compensation. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Compensation and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.

Payments

Upon completion of the Shift, unless the Client initiates a dispute, the Client will be charged for the Contractor's work and the funds will be transferred to the Contractor's bank account.

Payment processing services for Contractors on SumoShift are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Contractor on SumoShift, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SumoShift enabling payment processing services through Stripe, you agree to provide Us accurate and complete information about you and your business, and you authorize Us to share it and transaction information related to your use of the payment processing services provided by Stripe.

Reimbursement of Expenses

The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

Confidentiality

Confidential information (the “Confidential Agreement”) refers to any data or information relation to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. The Contractor agrees they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

Ownership of Intellectual Property All Intellectual Property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

Return of Property

Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

Capacity/Independent Contractor

In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Indemnification

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occur in connection with this Agreement. This indemnification will service the termination of this Agreement.

Dispute Resolution

In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the United Kingdom.

Modification of Agreement

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

Time of the Essence

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the United Kingdom, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.