Cover That Shift Terms of Service
Last updated: 6/21/2019
THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH URBAN CUPS INC. OFFERS YOU ACCESS TO THE COVER THAT SHIFT PROGRAM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you” or “your”) and Urban Cups Inc. (“cups”, “we”, “us” or “our”), a Delaware corporation governing your use of the Cover That Shift website.
1. Modifications to the Agreement
We reserve the right to modify the terms and conditions of this agreement at any time, effective upon emailing the posted amended terms to the agreement. Continued use of the Cover That Shift program shall constitute your consent to such changes. If you do not agree to any such changes, you may not use or access the Cover That Shift services.
2. General Provisions
CUPS is the creator of a platform that connects service locations (including but not limited to; coffee shops and restaurants) with service professionals (including but not limited to; baristas and servers). The CUPS web application “Cover That Shift” is a place where locations aforementioned may request a service professional strictly as an independent service contractor service professional, and not as an employee, worker, agent, joint venturer, partner or franchisee of CUPS or any Service Requester for any purpose. CUPS does not provide the Services described in this Agreement and does not employ individuals to perform said Services. The role of CUPS is limited to offering the technological platform as a referral tool for Service Requesters and Service Professionals and facilitating payments from Service Requesters to Service Professionals.
The Cover That Shift platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Cover That Shift program is not available to children (persons under the age of 18). Furthermore, CUPS reserves the right to refuse this service to coffee shops that are not members of our network, or for any other reason, at our sole discretion.
As a Service Requester, you agree to pay for the cost of a Service Professional exactly at the time that the shift is booked. The Service Requester is responsible to pay for the number of hours of the original shift request, regardless of whether or not the Service Professional is required for the full requested time or not.
Hourly wage: Hourly wage is set at a fixed rate in each city; all current rates are listed in the FAQ). This is to be paid to the platform, Cover That Shift, at the time the Service Professional shift is booked.
Hourly wage without tips: In the event that a Service Requester has an un-tipped shift that requires filling, they are required to book with the un-tipped shift option within the booking form. Un-tipped shifts are only available in settings where tips are not accepted, such as events without tip jars.
Amendment to hourly wage: Cover That Shift reserves the right to require an increase in hourly wage dependent upon the requirements of the shift. After booking, a separate invoice will be sent to the Service Requester for the difference in payment.
Hourly wage when the shift hasn't been requested with the required notice: In the event that a Service Requester requires a Service Professional after the cut off time, it is at the discretion of the Service Provider to raise the hourly wage, to source the Service Professional with such short notice.
Booking fee: Booking fee is set at $29 per shift or $35 per shift for next-day bookings. In the event that a Service Requester requests a Service Professional after the booking cut off time, the Service Provider may increase the booking fee to source the Service Professional with such short notice. This is to be paid to the platform; Cover That Shift, at the time of booking.
Cancellation fee: In the event that a Service Requester cancels its request for a Service Professional, it shall be to the discretion of CUPS to determine if you will be held liable for a portion or all of the amount of the shift. See FAQ for current cancellation policy.
Finder's Fee: If you hire one of our baristas directly, on a permanent or temporary basis, after they fill a shift in your shop, we reserve the right to charge a $500 Finder's Fee. This fee will be charged to the payment method used for the booking.
Other fees: Tips accrued over the shift of the Service Professional must be paid directly to the Service Professional at the completion of their shift. Failure to do so will incur an estimate additional charge (determined at the discretion of CUPS to cover any tips deemed ‘lost’).
Facilitation of Payment: All charges are facilitated through a third-party payment processing service. Cash and check payments are prohibited. Payments must be made by a pre-authorized credit or debit card.
Promotions: CUPS at its discretion, may make available promotions with different features to any of our Service Requesters or Service Professionals. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with CUPS.
As a Service Professional, you will receive applicable shift fees (all shift fees in their entirety, no booking fees), and tips provided to you by Service Requesters for services provided. CUPS will process all payments due to you through its third party payment processor. CUPS is not responsible for any taxes or insurance to be paid from these fees. You will be paid as an independent contractor, not as an employee of CUPS or any Service Requester facility, and thus are responsible for ensuring all income meets the requirements of the governing law of the state.
4. The Relationship between you and the Service Professional
You acknowledge and agree that by obtaining staffing coverage from a Service Professional creates a direct business relationship between you and the Service Professional, and your interactions and dealings with said Service Professional are soley between you and said Service Professional. Service Professionals are independent contractors and not employees of CUPS. We are not responsible or liable for the actions or inactions of any Service Provider in relation to the Service Requester.
CUPS requires Service Providers to obtain Occupational Accident Insurance (“OAI”) policy. This said, CUPS will not be responsibly for any Service Provider’s failure to obtain an OAI. You acknowledge and agree that you are soley responsible for taking such precautions as may be reasonable and proper (Including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Service Provider or other third party.
5. Your information
Your information is any information you provide, publish or post through communications with any representative at CUPS. You consent to us using this information to create a User account that will allow you to participate in our Services. All relevant information will be passed between CUPS, the Service Requester and Service Professional as seen fit by CUPS representatives.
Your logo and company name can be listed on the Cover That Shift website on the “used by” section.
6. Service Professional representations and warranties
By providing Services as a Service Professional, you represent, warrant, and agree that:
You have the proper experience to work for a Service Requester (minimum of 2 years barista experience.)
You will be solely responsible for any and all liabilities that result from or is alleged as a result of your provision of Services, including but not limited to personal injuries, death and property damages.
You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
You will pay all applicable federal, state and local taxes based on your provision of Services and payments received by you.
You will not make any misrepresentation regarding CUPS, the Cover That Shift Platform, the services, or your status as a Service Professional, or engage in any other activity in a manner that is inconsistent with your obligation under this Agreement.
You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
Your status in the Cover That Shift On-Demand program is dependent upon compliance with Cover That Shift policy, as outlined in these Terms of Service, FAQ and any written materials sent to you by Cover That Shift.
You will not contact any Service Requester directly unless necessary to provide the Service, as facilitated by the Platform. Services provided by a Service Professional to any Service Requester outside of the Platform constitute breach of terms and will result in removal of the Service Provider from the Cover That Shift program at the discretion of the Platform.
The following disclaimers are made on behalf of CUPS, our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Cover That Shift platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Cover That Shift program, including the ability to provide or receive Services at any given location or time.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Cover That Shift platform and participation in the Services including:
Your breach of this Agreement or the documents it incorporates by reference;
Your violation of any law or the rights of a third party, including without limitation; baristas, customers, other workers, as a result of your own interaction with such third party.
Any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
9. Limitation of Liability
In no event will we, our affiliates, or each of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages arising out of or in connection with the Cover That Shift platform, the services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages, we will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including but not limited to physical damages, bodily injury, death and/or emotional stress and discomfort) arising out of your communicating or shift with a Service Requester location. Even if we or our agents or representatives know or have been advised of the possibility of such damages.
In the event that you have a dispute with one or more Service Requesters or patrons in the location of a Service Requester, you agree to release CUPS (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Service Requesters or patrons in the location of the Service Requester or your use of the Cover That Shift platform or participation in the Services.
11. Term and Termination
An agreement is effective upon:
Service Requester: Sending an Inquiry to the site.
Service Provider: Being onboarded as a potential Service Provider to receive inquiries via the platform Cover That Shift.
You may discontinue use of the Cover That Shift platform or participation in the Services at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Cover That Shift Platform to any User for any reason not prohibited by law.
12. No Agency
You and CUPS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CUPS, in our sole discretion in accordance with the “Notices” section of this Agreement. This Agreement sets for the entire understanding and agreement between you and CUPS with respect to the matter hereof.