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Terms of Service

FOR EMPLOYERS
FOR WORKERS

Swarme Terms and Conditions – Employer

Section 1 – DEFINITIONS

  1. Assignment – means each period during which the Worker is engaged to render services to the Employer
  2. Employer – means the organisation to whom the Worker is supplied to
  3. Employment Business – Swarme, 231 Bedford Road, Bedford, MK42 8DA
  4. Engagement – means the use of any Worker directly by the Employer
  5. Calendar week – means any period of seven days starting with the same day as the first day of the initial assignment
  6. Relevant pay – means any sum payable including any fee
  7. Introduction fee – means the fee payable to Swarme in accordance to the transfer fee agreed for the set assignment
  8. Worker – means the self-employed individual that is engaged in the activity
  9. Private Customer – means an individual who recruits a Worker directly

Section 2 – THE CONTRACT

  1. Swarme is a web based introductory platform. These terms constitute the contract between Swarme and the Employer for the supply of the Worker’s services and are deemed to be accepted by the Employer by virtue of an introduction / engagement or the passing of any information of the Worker to the Employer
  2. No variation of alteration to these Terms shall be valid unless the details of such variation are agreed between Swarme and the Employer and are set out in writing indicating the starting date and varied terms.
  3. Each assignment shall be deemed a separate contract by the Employer to purchase services on these Terms.

Section 3 – MINIMUM BOOKING TIMES

  1. The minimum booking time for a Worker is 15 minutes and the maximum is 12 hours per shift.
  2. The Employer may book as many shifts as they require, up to one (1) month in advance. Cancellations to booking will be charged in accordance to Section 4 of this agreement.

Section 4 – CHARGES

  1. The Employer agrees to pay the hourly charge rate of the Worker. The rate is calculated accordingly to the number of hours worked by the Worker (to the nearest quarter of an hour) and comprise mainly the hourly rate set by the Worker plus Swarme’s commission.
  2. Employers that provide Domiciliary and / or Community based services agrees to pay the Worker for the duration of a shift, including the time spent by the Worker attending and travelling in-between individual appointments
  3. The Employer may choose to pay the Worker for attending induction training in their workplace. This needs to be agreed before the training takes place.
  4. VAT will be charged on invoices where applicable and at the prevailing rate. If VAT rates change under new guidance or legislation, Swarme reserves the right to recover additional VAT on an invoice. Where VAT is repayable back to the Employer then this will be paid upon receipt by Swarme from HMRC.
  5. The charges are invoiced at the end of each assignment and payable within 14 hours of the competed assignment via an automatic payment using the registered bank card named on the account. Swarme reserves the right to charge interest on a daily basis on any overdue amounts in accordance with the Late Payment of Commercial Debts (interest) Act 1998.
  6. Any queries regarding the charges as per invoice, must be notified to Swarme within 5 hours of the completed assignment. If no queries are raised in this period, the Employer is deemed to be fully satisfied with the charges made and is liable to pay the invoice in full as outlined in Section 4.
  7. Should the Employer need to cancel a booking, the Employer will notify the Worker using the online portal at least two (2) hours before the Worker is due to commence the assignment. If such notice is not given, the Employer shall be liable to pay Swarme 50 percent of the value of the first booked shift at the agreed hourly charge rate. “50% cancellation charge” will show on the invoice. If the Employer fails to provide notice specified above and the Worker arrives to commence the delivery of the assignment and the Worker is no longer required by the Employer, the Employer will be liable to pay Swarme 100 percent of the value of the first booked shift at the agreed hourly charge rate. “Late cancellation of shift” will show on the invoice.
  8. Where an Employer accepts a worker without securing the booking via the platform, an admin fee will be payable. Invoices will be sent to the Employer directly.
  9. The Employer is responsible for maintaining a valid card payment on the portal. An admin charge of 1p will be taken every 24 months when pre-authorising individual bank card for invoice payments. This will not be refunded.
  10. If card payments fail, the Employer will have up to 48 hours to present a new card payment. Pending the approval of a new card payment, any Workers will be requested to leave the Employer’s workplace. The Employer will be responsible for arranging alternative assignment cover.

Section 5 – TIMESHEETS

  1. At the end of each assignment, the Employer shall confirm the timesheet 
  2. The Employer shall not be entitled to decline to authorise a timesheet on the basis that they are dissatisfied with the work performed by the Worker. In cases of unsuitable work, the Employer should apply the provisions in section 8 below.
  3. If the Employer is unable to authorise the timesheet due to a dispute in the hours claimed, the Employer shall raise the dispute with Swarme within 5 hours of the assignment ending. Failure to authorise a timesheet whilst a dispute is pending does not alter the Employer’s liability to pay for hours worked. Where appropriate, overpayments will be credited once the dispute has closed.

Section 6 – TRANSFER FEES

  1. If following or during the supply of a Worker a permanent placement is engaged either with the Employer or a third party to the Employer, a transfer fee will be charged. This fee may change over time according to business needs.
  2. No refund of the transfer fee will be paid if the engagement is subsequently terminated. VAT is payable in addition to any fee due where applicable.

Section 7 – LIABILITY

  1. Workers are engaged under an agreement for delivering casual work for the Employer. They are not the employees of Swarme but are deemed to be under the supervision, direction and control of the Employer from the time that they accept an Assignment and for the duration of the Assignment.
  2. Swarme shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Employer arising from a Worker, including any personal care.
  3. The Employer agrees to be responsible for all acts, errors or omissions of the Worker, whether negligent or otherwise as though the Worker was on the payroll of the Employer.
  4. The Employer will also comply in all respects with all statutes, including Working Time Regulations, Health and Safety at Work Act, by-laws, code of practices and legal requirements, including in particular the provision of adequate Employers and Public Liability Insurance cover for the Worker during the assignment.

Section 8 – EMPLOYER OBLIGATION AND KNOWLEDGE

  1. Swarme takes reasonable steps to ensure that that Workers are introduced to Employers. Swarme does not take responsibility for misconduct by the Worker during the sign-up process i.e. the submission of non-compliant documents and reference.
  2. Swarme is not responsible for any loss, damage or expenses howsoever suffered arising from or in connection with a Worker being matched to the Employer.
  3. Where the Employer accepts a worker for any mode of work i.e. a one off job booking, long term placement, live-in or night duties, it is the responsibility of the Employer that the worker has adequate support, resources and facilities to ensure the Workers safety. Guidance for these types of arrangements can be made available by Swarme upon request.
  4. The Employer may request a Worker to authenticate the Workers Right to Work in the UK documentation at the start of any assignment.
  5. The Employer has the right to refuse a Worker if there is reasonable belief that the Right to Work documentation does not comply with the Immigration, Asylum and Nationality Act.
  6. Workers are matched according to the Employers requirements and are not permitted to carry out any form of personal care.
  7. The Employer is responsible for the cost of the Worker’s travel, meals, telephone calls, accommodation, and any other business expenses incurred whilst on Assignment. These would be agreed and paid to the Worker direct, without routing this payment through Swarme.
  8. The Employer is authorised to use the online portal exclusively to source and secure a Worker for shifts that genuinely require covering. This includes reviewing a Worker, engaging with the Worker directly and providing Worker feedback following the completion of a shift. Where failure to adhere to these provisions cause the Worker and/ or Swarme sustain financial losses, the Employer will be liable to pay an administrative fee, which is considered to be a reasonable pre-estimate of the losses suffered by the Worker and /or Swarme.
  9. In response to any dispute raised, Swarme will make a resolution decision on behalf of the Employer and Worker and this shall be final
  10. Where a Worker fails to attend a shift, the Employer can either contact Swarme admin who will be able to ‘cancel’ the shift after verifying the ‘no show’ with the Worker or raise a dispute on the timesheet.
  11. All communications between the potential or current Employers and Workers MUST go via the Swarme platform or Swarme administrative staff. No direct communication is permitted.

Section 9 – PRIVATE CUSTOMER

  1. An Private Customer who is seeking to employ a Worker directly for a fixed term period acknowledges that they will occur a fixed fee for this transfer (known as ‘transfer fee’) which is payable before the Worker commences. Thereafter, The Private Customer will be liable to pay statutory deductions as per the UK requirements.
  2. The minimum booking time for a Worker is 15 minutes and the maximum is 12 hours per shift.
  3. The Private Customer may book as many shifts as they require, up to one (1) month in advance. Cancellations to booking will be charged in accordance to Section 9.7 of this agreement.
  4. The Private Customer agrees to enter into an employment relationship with the Worker and is responsible for regulatory requirements such as obtaining checks from the Disclosure and Barring Service (DBS), providing required training and obtaining satisfactory references.
  5. Re-booking of a Worker must be confirmed by contacting Swarme directly. Any additional assignments will be subject to the fixed fee.
  6. Failure of a Worker attending the assignment or evidential performance concerns must be logged with Swarme.
  7. Should the Private Customer need to cancel a booking, the Private Customer will notify Swarme at least two (2) hours before the Worker is due to commence the assignment. If such notice is not given, the Private Customer will be charged the following:
    a) For one (1) day bookings, the full transfer fee with be charged. This is non-refundable.; or
    b) For bookings lasting two (2) days or more, a fee will be charged to the value of the Workers daily rate for the first day. If this is less than the transfer fee, the difference will be refunded to the Private Customer.
  8. Where a Worker fails to attend, the Private Customer will notify Swarme. A refund on the pre-payment will e at the discretion of Swarme.
  9. The Private Customer will comply in all respects with all statutes, including Working Time Regulations, Health and Safety at Work Act, by-laws, code of practices and legal requirements, including in particular the provision of adequate Employers and Public Liability Insurance cover for the Worker during the assignment.

Section 10 - DECLARATION

These terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts. Swarme reserves the right to update any terms in this agreement and the Employer will receive a copy of any amendments.

(name of the Employer’s / Private Customer representative) on behalf of (name of Employer / Private Customer) accept these terms and conditions and understand (name of Employer / Private Customer) has the right to withdraw from this agreement at any stage.

(Name of Employer / Private Customer) understand Swarme will process personal data relating to (name of Employer / Private Customer) and any identified admin users as necessary to fulfil the use of the business in compliance with Swarme’s Privacy Policy. (Name of Employer / Private Customer) retain the right to withdraw consent at any stage by contacting Swarme via email or post.

Swarme Terms and Conditions – Worker

Section 1 – DEFINITIONS

  1. Agreement – a voluntary arrangement between the Worker and the Employment Business
  2. Assignment – means each period during which the Worker is engaged to render services to the Employer
  3. Employer – means the organisation to whom the Worker is supplied to
  4. Employment Business – Swarme, 231 Bedford Road, Bedford, MK42 8DA
  5. Engagement – means the use of any Worker directly by the Employer
  6. Calendar week – means any period of seven days starting with the same day as the first day of the initial Assignment
  7. Worker – means the self-employed individual that is engaged in the activity
  8. Private Employer – means an individual who recruits a Worker directly or is supplied a Worker

Section 2 – THE AGREEMENT

  1. Swarme is a web based introductory platform. These terms constitute an Agreement between Swarme and the Worker, on which a self-employed relationship is being entered into.
  2. This agreement governs the Workers’ engagement from time to time by Swarme.
  3. This is not an employment contract and does not confer any employment rights on the Worker. In particular, it does not create any obligations on Swarme to provide work to the Worker and by entering into this agreement, the Worker confirms understanding that Swarme makes no promise or guarantee of work, or a minimum level of work.
  4. The Worker is responsible for ensuring that they are compliant with the statutory regulations as a self-employed worker, including HMRC and the UK Home Office. Swarme is not liable for conducting or regulating these checks.
  5. The Worker has full control on when, where, what and how they work.

Section 3 – ASSIGNMENTS

  1. The Worker acknowledges that the nature of the work means that there may be periods when no suitable work is available from Employers. Suitability for work shall be determined solely by the Employer via the online portal and Swarme shall incur no liability to the Worker should there be no opportunities to work.
  2. Assignments offered to Workers are based on the profile set by the Worker. It is the Worker’s responsibility to ensure the information detailed on the profile remains up to date and accurate. Falsified information may result in the Worker being refused Assignments by the Employer.
  3. Each offer of work which is accepted by the Worker shall be treated as an entirely separate and severable engagement (an Assignment). The terms of this agreement shall apply to each Assignment but there shall be no relationship between the parties after the end of one Assignment and before the start of any subsequent Assignment.
  4. The fact that the Worker has been offered Assignment(s) shall not confer any legal rights on the Worker and, in particular, should not be regarded as establishing an entitlement to regular work or conferring continuity of employment.

Section 4 – REMUNERATION

  1. The Worker is responsible for setting an individual hourly charge rate for the Employer which are regulated by Swarme based on reasonableness.
  2. Swarme reserves the right to amend rates to a reasonable level based on feedback from Employers, level of experience, training, skills, reliability, conduct and any other relatable matters.
  3. In the interests of the wider business Swarme administrators reserve the right to vary individual Worker hourly rates without notice. Where an Assignment has been accepted, the Worker will receive the amended rate set by Swarme.
  4. The Employer may choose to pay the Worker for attending induction training at their workplace. This will be agreed before the training takes place.
  5. The Worker shall be responsible for personally paying all Income Tax and National Insurance or other chargeable taxes under HMRC regulations. All financial and other obligations, including Self-Assessment tax returns and any dealings with HMRC to pay or reclaim tax, are the Workers own sole responsibility.
  6. The Worker will receive a remittance not as evidence of earnings.
  7. Subject to any statutory entitlement under the relevant legislation, the Worker is not entitled to receive payment from Swarme or the Employer for time not spent on Assignments or time spent travelling, whether in respect of holidays, illness or absence for any other reason.
  8. Should the Employer need to cancel a booking, the Worker will be informed via the online portal at least two (2) hours before the Worker is due to commence the Assignment. If such notice is not given or the Worker is not required upon arrival to commence the delivery of the Assignment, Swarme will pay the Worker 50 percent of the value of the first booked shift at the agreed hourly charge rate. The Worker may receive this payment outside the normal payment terms should the Employer dispute, delay or refuse the payment.
  9. Swarme will pay the Worker the hours of work completed, based at the hourly rate agreed on the Workers profile.
  10. No money is payable until the Worker’s timesheet has been submitted and approved by the Employer.

Section 5 – TIMESHEETS

  1. At the end of each Assignment, the Worker’s timesheet must be authorised by a representative of the Employer.
  2. For the avoidance of doubt and for the purpose of the Working Time Regulations, working time shall only consist for those periods during which the Worker is carrying out activities or duties for the Employer as part of the Assignment. Time spent for travelling to the Employer’s premises, lunch breaks and other rest breaks shall not count as part of the Workers working time for these purposes.

Section 6 – CONDUCT DURING ASSIGNMENTS

  1. The Worker undertakes to always present themselves in a professional manner, including general conduct, behaviour and appearance.
  2. During each Assignment and afterwards where appropriate, the Worker will observe the Employer’s expectation, and any relevant policies, rules and regulations, including Health and Safety.
  3. The Worker must not engage in any prohibited activities which may bring Swarme into disrepute.
  4. The Worker is expected to liaise with the Employer on all matters related to the Assignment.
  5. The precise description and nature of the work may be varied with each Assignment and the Worker may be required to carry out other duties as necessary to meet the Employer’s business needs.
  6. The Worker will not engage in any conduct detrimental to the interests of the Employer.
  7. The Worker is responsible for managing their travel time in-between separate Assignments.

Section 7 – TERMINATION AND CANCELLATION OF ASSIGNMENT

  1. Once an Assignment has been accepted, the Worker agrees to inform the Employer at least 2 hours/ 120 minutes prior to the commencement of the Assignment of any cancellation. Workers have the right decline an offer of Assignment and no payment will be made for cancellations.
  2. The Employer reserves the right to terminate an Assignment at any time for operational reasons. If this is the case, the Worker will be paid for all work done during the Assignment up to the time it is terminated.
  3. Misconduct or conduct which is likely to bring Swarme into disrepute will result in suspension from the platform for a reasonable period.
  4. Swarme reserves the right to terminate a Worker’s access from the portal if the Worker is not eligible to work in the UK or for any acts of misuse or misappropriate uploading.
  5. The Worker accepts that Swarme may, without prior notice or liability, terminate the Worker’s privileges from using the portal to source assignments.

Section 8 – SPECIAL PROVISIONS

  1. The Worker is authorised to use the online portal exclusively to source and secure Assignments from Employers.
  2. Workers above the age of 16 will be given access to the web portal.
  3. The Worker undertakes to be honest and truthful at all times, i.e. in the supply of a DBS, reference and ID documents.
  4. Prior to the first Assignment commencing, the Worker agrees to provide the Employer with the original uploaded Right to Work in the UK documentation to authenticate.
  5. The Worker accepts that the Employer has the right to refuse a Worker if there is reasonable belief that the Right to Work documentation does not comply with the Immigration, Asylum and Nationality Act.
  6. The Worker agrees to notify Swarme immediately if the Worker is ceased from working in the UK.
  7. Workers are matched according to the Employers requirements and are not permitted to carry out any form of personal care.
  8. The Worker agrees to maintain and update regulatory requirements, immunisations, training and qualifications on their web profile.
  9. The Worker is responsible for ensuring any uploads on the portal i.e. video references, identification documentation is genuine and does not contain offensive images, language or behaviour.
  10. The Worker is under no obligation to use the training provided by Swarme. Where this may be the case, the Worker is required to provide suitable evidence i.e. certifications of the required training being completed elsewhere before commencing an Assignment.
  11. Auto acceptance privileges apply after the completion of 3 Assignments. This may be revoked if the Worker fails to arrive at an accepted Assignment.
  12. In response to any dispute raised, Swarme will make a resolution decision on behalf of the Worker and the Employer and this shall be final.
  13. The Worker consents to Swarme holding and processing, both electronically and manually, the data that is collected via the online portal, for the purpose of administration and the management of the service provided.
  14. The Worker shall not use or disclose to any person, either during or at any time after an Assignment, any confidential information about the Employers business, affairs or any other matters which may have come to the worker’s knowledge as a result of carrying out Assignments. Confidential information means any information or matter which is not in the public domain. This does not prevent a Worker from making a protected disclosure as per Section 43A of the Employment Rights Act 1996.
  15. The Worker agreed not to enter into any group arrangements with any other person(s) in the establishing of a pay rate or any negotiation directly with the Employer. Pay rates are to be strictly set by the Worker for the Worker.
  16. Where applicable, the Worker is responsible for the payment of a valid DBS during the sign up process.
  17. The Worker is responsible for agreeing business expenses incurred whilst on Assignment with the Employer direct, without routing this payment through Swarme.
  18. All communications between potential or current Employers and Workers MUST go via the Swarme platform or Swarme administrative staff.

Section 9 – FIXED TERM ASSIGNMENT

  1. Where a Worker accepts a fixed term assignment with an Private Employer via the online portal, the Private Employer is responsible to pay the remuneration and any statutory payments / deductions directly to the Worker for the agreed hours during the fixed term.
  2. The Private Emplouer is responsible for all for all statutory and regulatory requirements such as Rights to Work in the UK compliance, obtaining checks from the Disclosure and Barring Service (DBS), providing required training and obtaining satisfactory references.
  3. During this assignment, the Private Employer and the Worker will enter an agreed working relationship.
  4. Swarme will not be liable for any loss that the Worker may occur during this period.
  5. The Worker will observe any relevant policies, rules and regulations, including Health and Safety set by the Private Employer.

Section 10 - DECLARATION

These terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts. Swarme reserves the right to update any terms in this agreement and the Worker will receive a copy of any amendments.

I (name of Worker) accept these terms and conditions and understand that I have the right to withdraw from this agreement at any stage.

I understand Swarme will process personal data relating to me as necessary to fulfil the use of the business in compliance with Swarme’s Privacy Policy. I retain the right to withdraw consent at any stage by contacting Swarme via email or post.

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