Last updated: October 2025
Effective Date: October 2025 Last Updated: October 2025
These Terms of Service (“Terms”) govern your use of the ShiftNest platform and related services (“Platform”). By using ShiftNest, you agree to comply with and be bound by these Terms. If you do not agree, please do not use our services.
Scope and Role of ShiftNest ShiftNest is a technology platform that connects Agencies, Clients, and Workers for the purpose of managing and coordinating shifts. ShiftNest does not employ, manage, or contract Workers and does not act as an employment agency or recruitment business. All responsibilities related to worker vetting, compliance, pay, and employment remain with the relevant Agency or Client. ShiftNest does not verify or guarantee the qualifications, performance, or conduct of any user.
Accounts and Eligibility You must be at least 18 years old and have the legal capacity to enter into binding agreements. You are responsible for safeguarding your login credentials and for all activity under your account.
Use of the Platform You agree to use the Platform only for lawful and legitimate purposes. You must not misuse the Platform, attempt to gain unauthorised access, share another user’s data without consent, or circumvent the Platform’s payment systems or usage fees.
Pricing, Fees, and Billing (Agencies) 5.1 Platform Fee ShiftNest operates on a transparent usage-based pricing model (the “Platform Fee”). The Platform Fee is initially set at two percent (2%) of the total value of all approved timesheets, based on the charge rate applied by the agency to each shift. The charge rate is the amount the agency bills the facility for hours worked, while the pay rate is the amount the agency pays to the worker.
The Platform Fee is calculated on the charge total (charge rate × total approved hours).
ShiftNest does not handle or process payments to workers or facilities.
The Platform Fee reflects the final, approved timesheet values - not the originally posted shift hours.
ShiftNest reserves the right to amend the Platform Fee by providing no less than seven (7) days’ notice via email or written correspondence. Continued use of the Platform after such notice constitutes acceptance of the revised fee.
The Platform Fee is charged in addition to any other applicable fees or charges that ShiftNest may introduce in the future (such as license, onboarding, or cancellation fees), which will be communicated to Agencies in advance.
5.2 Billing and Payments Platform Fees are billed monthly via a third-party payment processor (for example, Stripe), and invoices are due upon receipt. Facilities/Clients and Workers are never charged a Platform Fee. No fee applies to cancelled or unconfirmed shifts. All pricing updates or changes will be communicated with reasonable notice as described above.
5.3 Disputes and Overdue Amounts Agencies must raise any billing disputes through the Platform within 14 days of the invoice date. Undisputed amounts remain payable and may accrue interest under the applicable UK Late Payment of Commercial Debts Regulations.
6.2 Approval and Billing Once a timesheet has been signed by the facility, the Platform freezes the associated data for billing purposes. This includes the total working hours, total break time (in minutes), and the charge rate set on the original shift. These values collectively determine the billable total for that timesheet.
The shift worker is responsible for ensuring their submitted hours are accurate. The facility’s digital signature constitutes final approval of the recorded data. ShiftNest is not liable for any errors, omissions, or discrepancies in recorded hours, charge rates, or breaks once a timesheet is approved.
ShiftNest’s invoicing system uses the total approved working hours (from the timesheet) and the charge rate (from the shift) to calculate fees.
6.3 Corrections If a timesheet was submitted or signed in error, the facility may decline the timesheet, allowing the worker to submit a corrected version. Once a timesheet is approved and included in a billing cycle, no edits or voids can occur automatically through the Platform. In exceptional cases, ShiftNest support may manually assist with corrections before invoicing has been finalised. After an invoice is generated, the billed amount remains payable in full.
6.4 Liability Disclaimer ShiftNest provides timesheet tools solely as a convenience. ShiftNest does not process payroll or issue payments to workers, facilities, or agencies. ShiftNest makes no guarantee as to the accuracy of timesheets and accepts no responsibility for compensation discrepancies, payroll calculations, or compliance issues arising from timesheet data or signatures collected through the Platform.
Agencies may send shift offers to workers, and when a worker accepts, the assignment is provisionally secured. ShiftNest does not guarantee that every assignment or update will be processed immediately; in the event of system downtime, network delays, or other issues, confirmations may be delayed or fail to process.
7.2 Responsibilities Facilities and Agencies are solely responsible for the accuracy and legality of their shift postings, including job details, pay and charge rates, and compliance with applicable labour laws. ShiftNest does not guarantee that shifts will be filled, that workers will perform satisfactorily, or that the Platform will always function without interruption. ShiftNest provides the Platform as a facilitation tool only and assumes no liability for the completion or outcome of any shift.
7.3 Cancellations and No-Shows Any penalties, refunds, or compensation arising from cancellations, lateness, or no-shows are the exclusive responsibility of the contracting parties (Agencies, Facilities, and Workers). ShiftNest is not responsible for lost earnings, unfilled shifts, or any damages resulting from scheduling errors, downtime, or system unavailability.
All signed timesheets are tallied at each monthly billing interval, and an invoice is automatically generated. If automated payments are enabled, payment will be taken immediately through the authorised payment processor.
If automated payments are disabled, agencies must pay manually through the billing system. Invoices are due within thirty (30) days of issue. The Platform Fee covers access to and use of ShiftNest’s services.
8.2 Worker Compensation ShiftNest does not process, manage, or pay wages to Workers. All wage or compensation payments are handled directly between Agencies, Facilities, and Workers. The Platform may display pay or rate information for transparency only; ShiftNest is not responsible for calculating, distributing, or withholding wages, taxes, or deductions.
8.3 Third-Party Payment Processing If the Platform integrates with a third-party payment service (for example, Stripe) to collect Platform Fees, those transactions are subject to the third-party’s terms. ShiftNest is not responsible for any delay, error, failed transaction, or fraud arising from the use of third-party payment services.
8.4 Non-Payment and Late Fees Failure to pay Platform Fees on time may result in suspension or termination of the Agency’s account. Such suspension does not relieve the Agency of any outstanding obligations. Late payments may incur statutory interest and recovery costs under the UK Late Payment of Commercial Debts (Interest) Act 1998, as amended.
ShiftNest reserves the right to take legal action to recover overdue amounts and any related costs of collection.
ShiftNest’s sole obligation is to adjust the affected invoice or, at its discretion, issue an equivalent credit.
After the 14-day period, no adjustments, credits, or refunds will be issued.
9.2 Shift Cancellations and Worker Pay ShiftNest does not issue refunds or credits for wages, shift-related payments, or cancellation disputes. These matters are handled directly between Agencies, Facilities, and Workers. Any refund or compensation related to cancelled shifts or missed work must be resolved independently by the contracting parties.
9.3 Discretionary Credits In exceptional circumstances, ShiftNest may, at its sole discretion, issue a discretionary credit or fee waiver. Such actions are goodwill gestures only, do not constitute an ongoing obligation, and do not imply any entitlement to future credits or refunds.
Dispute Resolution Disputes regarding timesheets, billing, shift fulfilment, or user conduct must first be raised through the Platform’s in‑app support or resolution process within 14 days of the issue. ShiftNest is not a party to employment or contractual arrangements between Agencies, Clients, or Workers. Any disputes related to wages, working conditions, compliance, or worker performance must be resolved directly between the contracting parties. ShiftNest is not liable for any decisions or outcomes arising from such disputes.
Communications We may send you important notifications about your account, billing, or service updates. Marketing emails are optional and can be managed in your account settings. The Platform may include messaging or communication tools. You are solely responsible for the content of communications you send or receive through the Platform. ShiftNest is not liable for any losses, miscommunications, or damage resulting from messages exchanged between users.
Privacy, GDPR, and Data Security Your privacy matters to us. Please review our Privacy Policy for full details. ShiftNest processes data in accordance with UK GDPR and stores information on secure UK/EU‑based servers. We implement appropriate technical and organisational measures to protect your data but cannot guarantee absolute security. You are responsible for ensuring that any data you enter or share is accurate, lawful, and authorised. If you suspect unauthorised access to your account, notify us immediately.
Hosting, Availability, and Downtime ShiftNest aims to provide reliable and continuous access to the Platform, but we cannot guarantee uninterrupted service. From time to time, the Platform may be unavailable due to maintenance, updates, system outages, or factors beyond our control (e.g., internet interruptions, third‑party failures). We will use reasonable efforts to minimise disruptions and to provide notice of significant updates or maintenance. However, ShiftNest is not liable for any losses, business interruption, or damages resulting from downtime, latency, or inability to access the Platform.
Software Defects and Issues The Platform and Services are provided “as is” without warranties of any kind. While we strive to keep the Platform functional and secure, we do not warrant that it will be error‑free, secure, or meet your specific requirements. ShiftNest disclaims all implied warranties, including warranties of fitness, reliability, or suitability. We are not liable for any bugs, defects, data loss, or other issues, and your sole remedy is to discontinue use of the Platform.
Limitations of Liability To the maximum extent permitted by law, ShiftNest’s total aggregate liability for any claim arising from or related to these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of: (a) the total Platform Fees paid by the Agency to ShiftNest in the six (6) months immediately preceding the event giving rise to the claim, or (b) one thousand pounds (£1,000 GBP) in total.
ShiftNest shall not be liable for any indirect, consequential, punitive, or incidental damages, including loss of profits, business interruption, goodwill, or data, even if advised of the possibility of such damages.
Nothing in these Terms excludes liability that cannot legally be excluded, including for death, personal injury, or fraud.
Indemnity You agree to indemnify and hold harmless ShiftNest, its affiliates, and employees from any claims, losses, or expenses arising out of your breach of these Terms or misuse of the Platform.
Suspension and Termination ShiftNest reserves the right to suspend or terminate accounts for violations of these Terms, fraud, non‑payment, or any activity that undermines Platform integrity. Suspension or termination does not relieve you of obligations such as unpaid fees, confidentiality, or indemnity.
Changes to These Terms ShiftNest may update these Terms from time to time. Any material changes will be communicated to users by email or via an in-Platform notice.
Continued access to or use of the Platform after such notice will constitute acceptance of the revised Terms.
If you do not agree with the updated Terms, you must stop using the Platform immediately.
Governing Law and Jurisdiction These Terms are governed by the laws of England and Wales. Any disputes shall be resolved in the exclusive jurisdiction of the courts of England and Wales.
Notices Formal notices should be sent to [email protected] or to your registered account email via the Platform.
Entire Agreement These Terms, together with our Privacy Policy and any supplementary agreements, constitute the entire understanding between you and ShiftNest. If any clause is found unenforceable, the remaining provisions remain in effect.
Acceptable Use Policy and Website Terms ShiftNest expects all users to abide by our Acceptable Use Policy, which sets out permitted and prohibited uses of our Platform and website. For example, you may not use the Platform for any unlawful or fraudulent purpose, to send unsolicited communications (spam), or to knowingly introduce viruses or other harmful code. You must not reproduce or re‑sell any part of our site or interfere with any network or software. We may monitor and moderate interactive services (e.g. chat or messaging) and exclude liability for any loss arising from misuse. A full Acceptable Use Policy and Website Terms document is available on our website and is incorporated by reference.
Third‑Party Services and Integrations ShiftNest may offer integrations with third‑party services or allow you to access third‑party products (collectively, “Third‑Party Services”). We do not control and are not responsible for these Third‑Party Services. Your use of any Third‑Party Service is at your own risk and subject to the provider’s terms. We do not endorse, warrant, or assume responsibility for third‑party content, services, or products. We may also appoint third‑party sub‑processors to process personal data on our behalf; a list of third‑party processors is available on request.
Data Processing, Addendum, and Subprocessors ShiftNest acts as a data processor for certain personal data. We comply with applicable data protection laws and ensure that our subprocessors meet similar standards. Our Data Processing Addendum (DPA) and sub‑processor list are available on our website. You consent to our use of subprocessors and, where required, lawful mechanisms for transferring personal data outside the UK/EU. If a subprocess change is material, we will notify you and give you the opportunity to object.
Subscription and Professional Services Agreements For organisations purchasing paid subscriptions, a separate Subscription Agreement (describing plan details and service levels) and a Professional Services Agreement (covering onboarding, training, and custom work) may apply. These agreements supplement these Terms and take precedence in the event of a conflict. You are responsible for reviewing any additional terms that accompany a quote or order.
Force Majeure (Events Outside Our Control) Neither party will be liable or responsible for any failure or delay in performing its obligations under these Terms that is caused by events outside its reasonable control. If such an event occurs, the affected party will notify the other party as soon as reasonably possible, and its obligations will be suspended for the duration of the event. If the event continues for more than 30 days, either party may terminate the contract, and fees may be refunded on a pro‑rated basis.
Free Trials and Free Subscriptions ShiftNest may offer free trials or free subscription plans. We may terminate, suspend, or limit your access to the Platform under a free trial or free plan at any time, including without notice. Data and configurations created during a free trial may be lost unless you upgrade to a paid plan or export your data before the trial ends. Free plans and free trials are provided “as is” and without warranties.
Mandatory Arbitration and Class‑Action Waiver (US Only) If you are located in the United States, disputes that cannot be resolved informally will be settled by binding individual arbitration, and you waive any right to participate in a class or collective action. You may opt out of this arbitration provision within 30 days of accepting these Terms by following the instructions provided. This section does not apply to users outside the United States.
Export Controls and Sanctions Compliance You agree to comply with all applicable import, export, and economic sanctions laws, including those administered by the U.S. Department of Commerce and the Treasury Department’s Office of Foreign Assets Control. You warrant that you are not located in, or ordinarily resident of, a country or region subject to U.S. embargoes or trade sanctions, and you are not on any government list of restricted parties.
Worker Classification and Non‑Employment Relationship ShiftNest does not classify workers or determine whether shift workers are employees, contractors, or volunteers. Naming conventions within the Platform (e.g., “employees,” “managers,” or “supervisors”) are for convenience only and are not determinations of legal status. Agencies and Clients are solely responsible for properly classifying workers, complying with employment laws, and meeting wage and hour obligations.
Service Changes and Feature Modifications We may modify, add, or remove features of the Platform at any time. We will use reasonable efforts to provide notice of material changes. If a change materially degrades the quality or scope of the Services, you may terminate your subscription and receive a pro‑rated refund for any prepaid fees. Your continued use of the Platform after a change constitutes acceptance of the modified Services.
Rolling Subscription and Cancellation Subscriptions automatically renew unless terminated in accordance with these Terms. You may cancel your subscription by providing notice through your account settings or in writing before the renewal date. Fees are non‑refundable once the subscription term begins. Failure to pay fees may result in suspension of service and accrual of interest on overdue amounts as allowed by law.
Product‑Specific Terms Additional terms or policies may apply to specific products, features, or integrations (e.g., analytics dashboards, payroll calculators). Such product‑specific terms will be presented at the time of use and are incorporated into these Terms by reference. If there is a conflict between these Terms and any product‑specific terms, the product‑specific terms will govern with respect to the relevant feature or integration.
Security & Data Protection Signposts We publish dedicated security and GDPR pages that outline our technical and organisational measures, audit controls, and compliance certifications. These materials are accessible via our Help Centre. We encourage you to review them and ensure that our data protection practices align with your requirements.
Purchases Through Resellers If you purchase a subscription to the Platform from an authorised reseller or partner, these Terms apply in addition to any agreement with the reseller. ShiftNest has the right to enforce these Terms against you, and these Terms supersede any conflicting reseller terms regarding your use of the Platform.
Acceptable Use for APIs and Trial Accounts Abuse of any API or unreasonably frequent requests may result in temporary or permanent suspension of access. We may terminate trial accounts or free plans for inactivity or misuse. We reserve the right to monitor usage for security and performance purposes.
Customer Terms vs User Terms ShiftNest provides separate terms for Organisations (Agencies, Clients, Customers) and for individual Users (Workers, administrators, managers). If you create an account on behalf of an organisation, you agree to the “Customer Terms” contained herein and any subscription agreements. If you are a worker invited by an organisation, additional “User Terms” may apply to your access and use of the Platform. Organisations are responsible for ensuring their Users comply with these Terms and any User Terms.
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