THIS AGREEMENT is made on the date that the Annexure is received by the Customer.
BETWEEN The "Work Service Provider"
and The "Customer" (each a Party and collectively, the Parties)
The recitals set out above are true, both in substance and in fact, and are hereby incorporated into and form an integral part of this Agreement.
For the purpose of this Agreement, the following terms shall have the respective meanings set out below and grammatical variations of such terms shall have corresponding meanings:
Sections and Headings.
The division of this Agreement into Articles and Sections and the insertion of headings are for convenience of reference only and shall not affect the interpretation of this Agreement. Unless otherwise indicated, any reference in this Agreement to an Article, Section or a Schedule refers to the specified Article or Section of, or Schedule to this Agreement.
The Customer has made a Shift Request and has agreed to pay the Shift Service Fee in exchange for the provision of the Shift Services.
Acceptance of Shift Request.
The Shift Provider confirms that he accepts and is able to comply with the Shift Request, including the provision of the Shift Services at the Scheduled Shift Time and Shift Service Location.
Independent Contractor Relationship.
The Parties acknowledge that the Shift Provider is engaged directly by the Customer as an independent contractor and nothing in this Agreement shall be construed as creating a partnership, joint venture or employer-employee relationship between the Parties. Neither Party is the agent of the other nor is any Party authorised to make any representation, contract or commitment on behalf of the other Party without express consent from the other.
Performance of Shift Services
In providing the Shift Services to the Customer, the Shift Provider undertakes to:
The Customer has a twenty-four (24) hour period following the completion of the Shift Services (the "Dispute Period") to inform Ushift if the Shift Services performed by the Shift Provider is not up to a standard reasonably required of a Shift Provider or of any damage caused by the Shift Provider (the "Customer Dispute"). Ushift shall then inform the Shift Provider of such complaints from the Customer. In the event of a Customer Dispute, the Shift Provider agrees that it will either return to the Customer to complete or rectify the Shift Services to a reasonable standard or come to an agreement with the customer regarding an amended Shift Service Fee. No additional payment will be charged to the Customer for the performance of any rectification services in satisfaction of a Customer Dispute. For the purposes of clarity, Shift Services will not be deemed to be completed (and an invoice will not be issue to the Customer for payment) until a Customer Dispute has been rectified. The Parties agree to find a suitable time for the Shift Provider to return to the Shift Service Location and complete the Shift Services through Ushift.
Obligations of the Customer
The Customer shall be responsible for each of the following:
Undertakings of the Customer.
The Customer undertakes that the Shift Service Location is a public place of business or a private residential property.
The Parties agrees to use and allow the Payment Agent to automatically process the Customer's credit card in an amount equal to the Shift Service Fee and to remit the relevant payments to the Shift Provider following the completion of the Shift Services.
Cancellations and Amendments by the Customer.
Cancellation of Shift Services by the Shift Provider.
If the Shift Provider is unable to complete an accepted Shift Request at the Scheduled shift time, the Shift Service may be performed by another Shift Provider as may be assigned through the Website and this Agreement shall be terminated and a new agreement will be entered into between the Customer and the replacement Shift Provider.
Should the Customer be entitled to a refund as a result of a breach of this Agreement by the Shift Provider, such refund will be limited to the amount of the Shift Services Fee paid to the Shift Provider.
The term of this agreement shall commence on the date the Shift Provider accepts the Customer's Shift Request and will continue until terminated in accordance with Sections 7.2, 7.3 or 7.4 below.
Election to Terminate.
Either Party shall be permitted to terminate this Agreement on written notice to the other Party following a material breach of this Agreement by such Party.
If the Shift request is cancelled in accordance with Article 6 above, this Agreement shall simultaneously be terminated.
Termination Following Completion of the Shift Services.
This Agreement shall terminate immediately once both Parties have fulfilled their obligations under this Agreement.
Liability for Breach of Contract.
It is understood that the Shift Provider and the Customer shall remain liable to one another for any breach of this Agreement with the Parties at all times having all legal remedies available to it at law.
All amounts payable pursuant to this Agreement are expressed in and shall be paid in Singapore dollars.
Rights and Waivers.
All rights and remedies of the Parties are separate and cumulative, and none of them, whether exercised or not, shall be deemed to be to the exclusion of any other rights or remedies or shall be deemed to limit or prejudice any other legal or equitable rights or remedies which either of the Parties may have.
Any purported waiver of any default, breach or non-compliance under this Agreement is not effective unless in writing and signed electronically by the Party to be bound by the waiver. No waiver shall be inferred from or implied by any failure to act or delay in acting by a Party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other Party. The waiver by a Party of any default, breach or non-compliance under this Agreement shall not operate as a waiver of that Party's rights under this Agreement in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
Any notice required or permitted to be given under this Agreement shall be in writing and shall be properly given if personally delivered, delivered by electronic transmission or mailed by prepaid registered mail addressed as follows:
or to such other address as the Parties may from time to time specify by notice given in accordance herewith. Any notice so given shall be conclusively deemed to have been given or made on the day of delivery, if personally delivered, or if delivered by facsimile transmission or mailed as aforesaid, upon the date shown on the facsimile confirmation of receipt or on the postal return receipt as the date upon which the envelope containing such notice was actually received by the addressee.
Time of Essence.
Time shall be of the essence of this Agreement in all respects.
Successors and Assigns.
This Agreement shall inure to the benefit of, and be binding on, the Parties and their respective heirs, administrators, executors, successors and permitted assigns. No Party shall assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its, his or her rights or obligations under this Agreement without the prior consent of the other Party, which may be arbitrarily withheld.
No amendment of this Agreement will be effective unless made in writing and signed by the Parties electronically.
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no conditions, warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement (whether oral or written, express or implied, statutory or otherwise) except as specifically set out in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and the parties agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
This Agreement may be executed in one or more counterparts and all such counterparts when executed and taken together will constitute this Agreement.
Contracts (Right of Third Parties) Act.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement.