Flexer Terms and Conditions 

Welcome to Indeed Flex (“Flex”)! We are an online platform which connects businesses that are looking to engage temporary staff on an ad hoc basis to meet their particular requirements, such as covering events, (each such business being the “Client”) with individuals who are looking for ad hoc opportunities to provide their services (each such individual being a “Flexer”).

These Terms of Service (“Flexer Terms” or the “Agreement”), preside over the use by Flexers of the services offered by Flex via Flex’s website, web application (accessible via the following URL https://indeedflex.com) and mobile applications. Such services, website and mobile applications are hereinafter together referred to as the “Service”. Your use of the Service as a Flexer (including by accepting and undertaking Engagements) constitutes your acceptance of and agreement to all of the terms and conditions defined herein.

These Flexer Terms  also set out the terms and conditions on which Flex will provide Flexers with the opportunity to provide temporary services to Clients and the terms and conditions on which those temporary services must be provided. These Flexer Terms shall govern all Engagements undertaken by Flexers. Your employment is at-will, and may be terminated by you or Flex with or without notice, or cause.

Flex reserves the right to change these Flexer Terms at any time, in its sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

1. Definitions and Interpretation

The following definitions and rules of interpretation apply in these Flexer Terms:

“Account” means the Flex account you open when you register to become a Flexer and use Flex’s Service;

“Introduction” means the employment or engagement of any individual who is or was a Flexer by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than Flex as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Introduced, Introduces or Introducement shall be construed accordingly;

“Assignment” means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times and locations for the performance of those services;

“Confidential Information” means information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, products, affairs and finances of the Client, Flex or Flex’s Group Companies for the time being confidential to the Client, Flex or Flex’s Group Companies and trade secrets including, without limitation, technical data and know-how relating to the business of the Client or Flex or Flex’s Group Companies or any of its or their suppliers, customers, agents, distributors, shareholders, management or business contacts, and including (but not limited to) information that the Flexer creates, develops, receives or obtains in connection with an Engagement, whether or not such information (if in anything other than oral form) is marked confidential;

“Engagement” means a Client’s engagement of a Flexer via the Service to provide Flexer Services for any Assignment;

“Group Company” means in relation to a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary);

“Introduction Fee” means a fee payable by the Client to Flex in the circumstances set out in clause 18;

“Ratings” means the feedback and reviews a Client has submitted about any Flexer after completion of an Engagement, which may be made visible to Clients.

“Relevant Period” means whichever of the following periods ends later, namely—

(a) the period of 8 weeks commencing on the day after the day on which the Flexer last worked for the Client pursuant to being supplied by Flex; or

(b) the period of 14 weeks commencing on the first day on which the Flexer worked for the Client pursuant to the supply of that Flexer to that Client by Flex.

In determining for the purposes of the above paragraph (b) the first day on which the Flexer worked for the Client pursuant to the supply of that Flexer to that Client by Flex, no account shall be taken of any supply that occurred prior to a period of more than 42 days during which that Flexer did not work for that Client pursuant to being supplied by Flex;

“Shift” means one or more recurring periods in which a Flexer provides services in relation to a single Engagement;

“Flexer” means an individual employed by Indeed Flex, Inc. to perform Flexer Services as defined in these Flexer Terms;

“Flexer Services” means the activities to be performed by Flexers during the course of any Engagement; and

“User” means anyone (including but not limited to a Flexer or a Client) that registers for an Account

In these Flexer Terms, headings (including any sections and subsections) are for convenience only and do not affect interpretation.

References to “you” are a reference to a Flexer.

2. User Accounts

  1. Flexers are required to create an Account in order to use the Service. By joining, a Flexer confirms that they are 18 years old or over and are legally capable of entering into binding contracts. Flex will provide you with login credentials and on-boarding information.
  2. All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Flexer has any reason to believe that their Account is being used by anyone else, contact us immediately by emailing help@indeedflex.com. If we believe that a Flexer’s Account has been compromised, we may suspend that account and will attempt to contact the Flexer to try and resolve the problem.
  3. We may, at our sole discretion, refuse to register any person or entity as a User.
  4. If you have any problems creating an account, logging into your Account or updating your details, please have a look at our FAQs or Contact Us on help@indeedflex.com.

3. Content on our Service

  1. We may change or remove content, functionality or parts of our Service at any time.
  2. The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us, or licensed to us by third parties. Our Service and content is protected by intellectual property rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any licence or right to use, copy, alter or remove such material. You may not use our trade marks, logos or other intellectual property without our prior written approval.
  3. From time to time, our Service may include links to other websites, applications or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.
  4. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
  5. Your access to our Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the Service as soon as we reasonably can.
  6. We do not guarantee that the Service, or any content on it, will be free from errors or omissions.

4. User License

  1. We allow Flexers to submit applications for Assignments (which may include, for example, pictures, text, information and/or other types of content) (the “Content”). Any resume or application information that you submit through Flex, including personal data included in a resume, application or communication with Clients on the Flex app is subject to these Flexer Terms and to the Flex Privacy Policy.
  2. You hereby grant us an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, create derivative works from, publish, transmit, communicate to the public, perform and display any of your Content in connection with the provision, operation, maintenance, development, marketing and improvement of the Service and for other business needs of Flex. You accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes (including but without limitation to promoting part or all of the Service). This section does not affect your rights nor our obligations under the Flex Privacy Policy.
  3. You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.
  4. By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contained in these Flexer Terms and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights and permissions which are required to enable us to use your Content as contemplated by these Flexer Terms.

5. Your use of our Service

  1. You agree that you will not:
    1. (a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
    2. (b) fail to deliver Flexer Services to a Client with whom you accept an Engagement;
    3. (c) advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;
    4. (d) use virtual private networks, false email addresses or any other means to mask your identity;
    5. (e) attempt to access the accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
    6. (f) disable or modify any copy protection technology used on the Service;
    7. (g) abuse or manipulate the rating/review system on the Service;
    8. (h) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
    9. (i) collect, harvest or ‘scrape’ any data from any web pages contained in the Service;
    10. (j) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of discrimination laws;
    11. (k) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; upload, share or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate or akin to a ‘bait and switch’ offer;
    12. (l) do or omit to do anything which would bring us, the Service, our suppliers or other Users into disrepute or in any way damage our or their reputation; interfere with another User’s use and enjoyment of the Service in any other manner that could damage, disable, overburden or impair the Service; or
    13. (m) otherwise use the Service in violation of these Flexer Terms.
  2. We may suspend, restrict or terminate your Account and/or your access to the Service if we believe that you have breached these Flexer Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

6. Your Relationship with Flex

  1. Flex operates as a temporary staffing business.
  2. Upon agreeing to join the pool of Flexers who are eligible for Assignments, you are an employee of Flex. You are not an employee of any Client by virtue of any Assignment(s), Engagement(s), or Shift(s) with any Client, or through any Flexer Services you perform.
  3. Your employment is contingent upon satisfactory results of background and reference checks, a drug screen, the successful completion of the required federal Form I-9 verifying that you are legally authorized to work in the United States, your being free from any restrictions that might interfere with your ability to work for us, your agreement to abide by Flex’s policies and procedures, and your agreement and execution of Flex’s Confidentiality, Proprietary Rights, and Arbitration Agreement.
  4. You will provide Services to Flex Clients on an as-needed and temporary basis for specific Assignments. You will be offered available Assignments that suit your experience and skill set. The end of a particular Assignment does not terminate your employment with Flex and you remain an employee of Flex, eligible for another Assignment.
  5. Nothing contained in these Flexer Terms is intended to express or imply a contract of employment or a guarantee of employment for any definite period of time.  Your employment with Flex is on an at-will basis.  This means that either you or Flex have the right to terminate the employment relationship at any time, with or without cause or notice. Your at-will employment relationship cannot be changed by any oral representation, written document, or other conduct, unless such change is specifically acknowledged in writing by Flex’s HR Team.
  6. Your compensation for any Flexer Services you perform will be on a per-hour basis, less lawful deductions and withholdings, paid on a weekly basis for shifts completed one week prior. Your position is classified as “non-exempt” under the law, and you are therefore eligible for overtime pay.
  1. Terms of Assignments
  1. Flex does not review, approve, recommend or verify any of the credentials, licences or statements in relation to Assignments posted by Clients on its Services. Flex shall not be liable or responsible to the extent it has been provided with misleading, inaccurate, false or fraudulent information by Clients.
  2. In respect of each Engagement, Flexers shall act according to the guidance and direct supervision of the Client for the duration of each Engagement. Flex and its Group Companies are not responsible for the actions, omissions, negligence or misconduct of Clients.
  3. At the time when an Assignment is available for a Flexer to view, Flex shall provide Flexers with the following information:
    1. (a) the identity of the Client, and if applicable the nature of its business;
    2. (b) the date on which the Client requires the Flexer to commence work and the duration, or likely duration, of that work;
    3. (c) the position which the Client is seeking to fill, including the type of work, the location, the hours during which the Flexer would be required to work, and any risk to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
    4. (d) the hourly rate at which the Flexer would be paid;
    5. (e) the experience, training, qualifications and any authorization which the Client considers necessary or which are required by law, or any professional body, for the Flexer to possess in order to work the Assignment; and
    6. any expenses payable by or to the Flexer.
  4. At the time when a Flexer applies for an Assignment, the Flexer shall provide information regarding their experience, training, qualifications and authorizations which are necessary for the Assignment. In applying for an Assignment, the Flexer confirms that they are willing and able to carry out the Assignment.
  5. You understand and agree that Flex will use reasonable means to confirm your identity and to verify that you have the required skills, qualifications, and experience to apply for Assignments and undertake Engagements with the Clients. This may include Flex conducting background checks to verify your identity and criminal record and Flexers must, as a condition of employment, give Flex all necessary consents and authorizations to conduct such checks to the extent permitted by applicable law.

8. Accepting Engagements

  1. You are not obliged to apply for any Assignments and, upon applying for an Assignment, are not obliged to accept any subsequent Engagement. Similarly, Flex is not obliged to make any Assignments available to you and is not obliged to ensure that Clients offer you Engagements.
  2. Upon accepting an Engagement, as soon as possible before the commencement of the Engagement and during each Engagement (as appropriate) and at any time at Flex’s request, you undertake to:
    1. (a) (for purposes of overtime calculation) inform Flex of any hours you worked, within 7 days before the commencement of the relevant Engagement or 7 days after the completion date of the relevant Engagement or during the relevant Engagement,  with the same Client directly or via any third party;
    2. (b) provide Flex with all the details of such work, including (without limitation) details of when, where and the period(s) during which such work was undertaken, the role performed and any other details requested by Flex; and
    3. (c) inform Flex if, before the date of the commencement of the relevant Engagement, you have:
      1. (i) completed two or more assignments with the Client;
      2. (ii) completed at least one assignment with the Client and one or more assignments with a Group Company of the Client; or
      3. (iii) worked in more than two roles during an assignment with the Client and on at least two occasions has worked in a role that was not the same role as the previous role.
  3. Upon being engaged via the Service to perform an Engagement, the Flexer may, at any time prior to the commencement of such Engagement (or the first Shift of the same) cancel the Engagement, but see possible disciplinary consequences, in Section 15 (“Attendance”) below, for cancelling less than 24 hours in advance

9. Confirming and Performing Engagements

  1. For each Shift and/or Engagement you accept, Flex requires you to confirm that you will be attending. All shifts must be confirmed via Flex’s mobile application.
    1. For each Shift and/or Engagement booked more than 48 hours ahead of the scheduled start time, you will receive a reminder notification and be  required to confirm via Flex’s mobile application. If you do not confirm your shift more than 24 hours before your scheduled Shift start time you will automatically be removed from the Shift.
    2. By accepting any Shift within 48 hours of the scheduled Shift start time you are deemed to have confirmed your attendance for the Shift.
  2. Upon accepting an Engagement you confirm that:
    1. you expect to be able to carry out the necessary duties and responsibilities of the Engagement
    2. you will cooperate with the Client’s lawful and reasonable instructions and will accept the direction and supervision of any responsible person within the Client’s organisation;
    3. you will observe and obey any of the Client’s relevant rules, policies and/or regulations including, without limitation, the Client’s health and safety policies;
    4. you will abide by the Client’s uniform and conduct rules (if any);
    5. you will take all reasonable steps to safeguard your own health and safety and that of any other person who may be present or be affected by your actions whilst you are performing the Engagement;
    6. you will be on your best behavior, work hard and serve the Client to the best of your ability at all times during your Shift and/or Engagement;
    7. you will not engage in any misconduct or behaviour which is detrimental to the interests of Flex or the Client. This includes any actions that could bring Flex or the Client into disrepute and/or which could result in loss of business for either party.
    8. You will notify Flex if you believe you have experienced any discriminatory or harassing behavior while performing the Engagement.
  3. You will be required to perform the Engagement or Shifts at the location specified in the applicable Assignment or at such other location as Flex may notify to you. Your travelling expenses will not be reimbursed unless otherwise specified in the Assignment or agreed with Flex in writing.
  4. You are required, when performing an Engagement or Shift, to be dressed in clean work clothes / uniform and to be tidy in appearance.  You must comply with any health code requirements (e.g., hair net or otherwise). You will receive more information on this during your induction. Please check our website indeedflex.com for full details regarding uniform requirements and conduct. If Flex receives two or more complaints from Clients regarding your appearance, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session at the Flex offices to regain access to the Services.
  5. If, either before or during the course of an Engagement, you become aware of any reason why you might not be suitable for the Engagement, you must notify Flex without delay.
  6. By providing Flex your mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Flex your mobile number, you understand that such mobile number is integral to your role as a Flexer and for your performance of Flexer Services. We may place such calls or texts to (i) notify you regarding any of your Engagements or upcoming Shifts; (ii) notify you of results or feedback regarding your performance of Flexer Services; (iii) troubleshoot problems with your Account; (iv) resolve a dispute; or (v) as otherwise necessary to facilitate performance of Flexer Services. To revoke consent at any time, contact your Flex supervisor. You may also revoke your consent by terminating your Flexer Account.
  7. Flexers are not authorized or permitted by Flex to enter into any contracts with Clients purporting to be made by or on behalf of Flex, or to make any statements or representations to the Client purporting to be made by or on behalf of Flex and/or receive loans or advances on wages from the Client.

10. Food Hygiene

  1. Flex is committed to the highest standard of health and hygiene. You must immediately notify Flex if you are suffering from an illness or condition that prevents you from working with food. You agree that, for the duration in which you are suffering from any such illness or condition, you will not apply for any Assignments or perform any Engagements or Shifts which require you to work with food.

11. Code of Conduct

  1. Respect for Employees 
    1. We respect all Flex employees, Client employees, and all others we come into contact through our work, without regard to their position or level within any organization.
    2. We create a workplace where we feel free to express our opinions and to raise questions and concerns in a safe and supportive environment, without fear of harassment, retribution or retaliation or threats by peers or managers. We do not harass fellow employees of Flex or employees of a Client, or anyone else we come into contact through our work, for expressing their opinions and questions and concerns.
    3. We ensure all working relationships are professional in nature and do not allow personal relationships to cause, or appear to cause, any conflicts or conflicts of interest with Flex or any Client.
    4. We respect the physical safety of each other and all individuals with whom we work. To that end, we agree that no firearms or weapons of any description may be brought onto any Flex property or any Client’s property, except by an authorized law enforcement officer.
    5. No form of workplace violence will be tolerated. “Workplace” includes Flex’s and Clients’ locations, both physical and through any communications systems. Employees who witness any workplace violence should report it immediately. Examples of workplace violence include, but are not limited to: making threatening remarks (written or verbal); aggressive or hostile acts such as shouting, using profanity, throwing objects at another person, fighting, or intentionally damaging property; behavior that creates a reasonable fear of injury, such as stalking or assault. If you become aware of a violent act, an imminent violent act, or threat of an imminent violent act, immediately contact appropriate law enforcement.
    6. We have strict standards regarding substance abuse. Employees may not be impaired by alcohol, illegal drugs, medically-prescribed controlled substances (including cannabis), or non-medically prescribed controlled substances at work or during any job-related activity or event. Employees may not use or possess illegal drugs, medically-prescribed cannabis, or non-medically prescribed controlled substances at the workplace or while engaged in any job-related activity or event.
    7. We actively encourage every Flex employee to recognize and report any concern about possible illegal or unethical behavior, and we ensure that such reports made in good faith will be investigated responsibly and without retaliation and acted upon if necessary.
  2. Respect for Flex and Client Companies
    1. We use, protect, and preserve assets and systems, including business opportunities and intellectual property, for the benefit of Flex and Clients and not for our personal benefit.
    2. We do not use or bring to Flex or a Client site any proprietary materials belonging to any former employer.
    3. We respect all contracts signed with our former employers, including non-solicitation agreements and non-competition agreements.
    4. We report honestly and accurately to our managers and supervisors, to Flex, and to Clients, and strive to make our intentions in work clear to fellow workers of Flex or Clients.
    5. We follow all Flex guidelines and policies.
    6. We treat our Clients, our Clients’ customers, all vendors, and anyone else we come into contact with through our work, in the way we wish to be treated, with respect and fairness.
    7. Remember to contact Flex if you have any questions about any activity you believe might violate this Code of Conduct or any other Indeed Flex policy or guideline.
  3. Misconduct: Below is a non-exclusive list of behaviors that may result in discipline, up to and including dismissal from a Client assignment or termination of employment with Flex. If you are asked to leave a Shift/Engagement for any of the behaviours identified below, you will not be paid for the remainder of the Shift/Engagement.
  1. Falsification of, or dishonesty within, any employment related documents.
  2. Refusal to take a requested drug test or a positive result from drug screen (one inconclusive home screen and one lab-confirmed positive lab test, without medical explanation).
  3. Contacting a Client without prior authorization from Flex.
  4. Use of a mobile phone, smartphone, or any other communication device during working hours, outside of authorized break times and areas or for the purposes of clocking in and out of an assignment and other assignment related issues.
  5. Failure to comply with Flex’s policies or a Client’s policies, if provided.
  6. The wilful failure to follow lawful management instructions or guidelines.
  7. Unprofessional or inappropriate conduct on assignment or toward Flex’s team of representatives, including insubordination.
  8. Theft or fraud.
  9. Discrimination, bullying, or harassment.
  10. The use of Client facilities and equipment for personal reasons.
  11. Damage to property belonging to or in the possession of the Client or of other service providers.
  12. Use of, or impairment by, alcohol or illegal drugs including cannabis or non-medically prescribed controlled substances at work or during any job-related event or activity.
  13. Smoking in the workplace
  14. Abusive behaviour, physical violence, or assault.
  15. Swearing or abusive language.
  16. Being rude or discourteous to the Client, its customers, or any other person.
  17. Possession of a weapon on your person.
  18. Conduct that foreseeably endangers persons or property.

12. Flex Safety Policy

  1. Your health and safety are of paramount concern to Flex.  Toward that end, Flex has developed these safety rules.  Flex expects you to follow these rules to ensure your own safety, as well as the safety of those around you.
  2. Following this Safety Policy is a condition of your continued employment.  Read and become familiar with this Safety Policy, and consider its provisions required elements of your job assignment. Failure to abide by the Safety Policy may result in discipline, up to and including termination of your specific job assignment or of your employment with Flex.
  3. To help prevent accidents, do the following:
    1. Always wear safe and appropriate attire to work, including shoes with low heels and closed toes.
    2. Keep floor areas around your workstation free of boxes, extension cords, loose rugs, spilled liquids, or other slip or trip hazards.
    3. Keep your all desks, file drawers, lockers, etc. closed when not in use.
    4. Always walk, do not run.
    5. Use handrails on stairs or ramps.
    6. Never climb on top of desks, chairs, shelves, or appliances. Use a proper stepladder or ask for assistance.
    7. If lifting is required, use safe lifting procedures, including:
      1. Do not lift more than 25 pounds unassisted. Never try to move heavy office furniture by yourself.
      2. Face the load, make sure your feet are on level firm ground, bend your knees, grasp the load securely, and raise the load keeping your back as straight as possible.
      3. Use your leg muscles to lift the load, never the back.
      4. Do not lift while your body is twisted, especially the lower back.  Turn your feet in the direction you want to go.
      5. Do not block your vision with the load, especially while moving.
  4. General Workplace Safety: There are safety rules that apply in every work environment and that you must follow, including —
    1. Do not participate in horseplay at any time.
    2. Do not use alcohol, illegal drugs, or controlled substances on the job or on the premises of Flex or any Client. Any employee discovered under the influence of alcohol or drugs will not be permitted to work and may be subject to disciplinary action, up to and including termination of employment.
    3. Do not use any vehicle for work purposes without written permission from Flex.
    4. Do not perform any task unless you are trained to do so and are aware of the hazards associated with that task.
    5. Never remove or by-pass safety devices.
    6. Never use machinery or equipment in an improper manner.
    7. Do not approach operating machinery from the blind side; let the operator see you.
    8. Do not handle or tamper with any electrical equipment, machinery, or air or water lines
    9. Maintain a general condition of good housekeeping in all work areas at all times.
    10. Be alert to hazards that could affect you and your co-employees.
    11. Obey safety signs and tags.
    12. Always perform your assigned task in a safe and proper manner; do not take shortcuts.
  5. Client Site Safety
    1. When you arrive on assignment with a Flex Client, the Client should provide you with site- and hazard-specific training. Become familiar with each Client’s safety procedures and equipment. Learn the location of emergency exits, evacuation assembly points, fire extinguishers, and first aid kits.
    2. Report any observed unsafe condition to your on-site supervisor and to Flex.
    3. In the event of an emergency, follow the instructions of your on-site Client supervisor.
    4. Pay attention to your work and your surroundings.
    5. Do not become involved with the work of emergency responders.
    6. If you do not have current training, do not move or treat an injured person.
    7. Contact Flex immediately if you are asked to perform duties other than those specified by your assignment.
    8. Notify your on-site Client supervisor and ask for instructions if you are unsure of any job task you are asked to perform.
    9. Notify the on-site Client supervisor if you observe another employee engaged in an unsafe act. If the employee is from Flex, notify Flex as well.
  6. Injuries on the Job: If you are injured on the job, follow these procedures —
    1. Immediately report any injury to your Client on-site supervisor and seek first aid, as necessary.
    2. To report an emergency, dial 911. This number will provide access to fire, police, ambulance, or emergency services.
    3. As soon as safety allows, report the injury to Flex at help@indeedflex.com.  If you are able and it is safe to do so, then you must report the accident or injury to Flex prior to seeking medical treatment. Flex will provide you further guidance at that time.
    4. If any health care professional indicates you cannot return to work, notify Flex immediately.
    5. Contact Flex after each medical appointment to report on your progress.
    6. Provide a medical release form to Flex prior to returning to work.
    7. Flex will never discharge or in any manner discriminate against employees for reporting work-related injuries and illnesses. Flex strictly prohibits any retaliation against any person who reports a workplace hazard, accident or injury, or who makes a complaint, opposes a practice, provides information, cooperates in an investigation, participates in a proceeding, or otherwise engages in protected activity concerning an actual or perceived workplace health or safety concern.

13. Workers’ Compensation

  1. Workers’ Compensation is defined by a set of rules determined by each state which outlines benefits to employees who have sustained work-related injuries or illnesses within the course and scope of their employment. The laws provide for payment of medical bills for treatment related to work injuries and illnesses, as well as statutory wage benefits for employees who lose time from work.
  2. Flex will process and handle all Workers’ Compensation claims and information.
  3. NOTICE TO EMPLOYEES CONCERNING WORKERS’ COMPENSATION IN TEXAS
    1. COVERAGE: Flex has workers’ compensation insurance coverage from Service American Indemnity CompanyAmerican Service Indemnity in the event of work-related injury or occupational disease. This coverage is in effect and renews each year on August 1. Any injuries or occupational diseases will be handled by Service American Indemnity CompanyAmerican Service Indemnity. An employee or a person acting on the employee’s behalf must notify the employer of an injury or occupational disease not later than the 30th day after the date on which the injury occurs or the date the employee knew or should have known of an occupational disease, unless the Texas Department of Insurance, Division of Workers’ Compensation (“Division”) determines that good cause existed for failure to provide timely notice. Your employer is required to provide you with coverage information, in writing, when you are hired or whenever the employer becomes, or ceases to be, covered by workers’ compensation insurance.
    2. EMPLOYEE ASSISTANCE: The Division provides free information about how to file a workers’ compensation claim. Division staff will answer any questions you may have about a workers’ compensation and process any requests for dispute resolution of a claim. You can obtain this assistance by contacting your local Division field office or by calling 1-800-252-7031. The Office of Injured Employee Counsel (“OIEC”) also provides free assistance to injured employees and will explain your rights and responsibilities under the Workers’ Compensation Act. You can obtain OIEC’s assistance by contacting an OIEC customer service representative in your local Division field office or by calling 1-866-EZE-OIED (1-866-393-6432).
    3. SAFETY VIOLATIONS HOTLINE: The Division has a 24 hour toll-free telephone number for reporting unsafe conditions in the workplace that may violate occupational health and safety laws. Employers are prohibited by law from suspending, terminating, or discriminating against any employee because he or she in good faith reports an alleged occupational health or safety violation. Contact the Division at 1-800-452-9595.
    4. You may elect to retain your common law right of action if, no later than five days after you begin employment, you notify Flex in writing that you wish to retain your common law right to recover damages for personal injury. If you elect to retain your common law right of action, you cannot obtain workers’ compensation income or medical benefits if you are injured.

14. Pay

  1. You will be paid in accordance with the hourly rates set out in the terms of your Engagement, as agreed between you and the Client (the “Pay”) subject to deductions or taxes in accordance with applicable laws.
  2. The Pay shall never be less than the minimum hourly rates set by law.
  3. Subject to your compliance with Flex’s timekeeping procedures set out in clause 16, the Pay will be made to the bank account chosen by you on your Account within ten days following completion of the Engagement, regardless of whether Flex has received payment from the Client for those hours.
  4. Where, pursuant to the terms of an Engagement, the Client has agreed to reimburse a Flexer for certain expenses (for example, food and travel), claims for such expenses must be made within 48 hours of completing the Shift/Engagement in respect of which the expenses were incurred. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.
  5. Flex reserves the right to make deductions from any payments due to you from Flex for any sums owed by you to Flex, including but not limited to any overpayment in respect of previous Engagements, any other deductible expense or cost, and/or the amount of any loss to Flex resulting directly from any act of gross negligence or carelessness or any other breach of these Flexer Terms by you.
  6. Subject to any applicable statutory entitlement, you are not entitled to receive payment from Flex or the Client for time not spent working on the Engagement, whether in respect of holidays, illness or absence for any other reasons.

15. Pay Corrections:

Flex makes every effort to ensure that its employees are paid correctly. Occasionally, however, mistakes can happen. Please review your pay stub when you receive it to make sure it is correct. If you believe a mistake has occurred (such as improper deductions, inaccurate hours worked, inaccurate pay rate, or any other error), or if you have any questions, please contact Flex immediately. Reports will be investigated immediately. If Flex determines that a mistake was made, it will be corrected and you will be paid promptly. Any employee who makes a report to Flex in good faith, or who files or participates in any government action related to employee compensation, will not be subject to retaliation, discipline, or any other manner of discrimination because of such action.

16. Timesheets

  1. For each Shift and/or Engagement you work, Flex requires you to submit timesheets. This is to ensure that Flex has an accurate record of the hours you have spent working and, therefore, can correctly calculate the pay due to you. It is your responsibility to accurately and completely document your time worked. Time worked is any time during the work day that you perform work on behalf of Flex, including on assignment with a Client. The work day is defined as the 24-hour period starting at 12:00 am and ending at 11:59 pm. The work week covers seven consecutive days beginning on Monday and ending on Sunday.
  2. All timesheets are generated via Flex’s online platform as follows:
  3. (a) at the beginning of each Shift you must “clock in” using the mobile application to register your start time by ensuring that the Client scans the QR code found on your booking; and
  4. (b) at the end of each Shift you must “clock out” using the mobile application to register your finishing time by ensuring that the Client scans the QR code found on your booking.
  5. If the Client is unable to scan your QR Code or refuses to do so at the beginning of your Shift, you must contact us immediately via Live Chat.
  6. If, for any reason you cannot “clock in” and “clock out” using the mobile application at the beginning and end of a shift, Flex will allow a grace period of up to four hours after the scheduled end time of your Shift. If you fail to provide this information by the conclusion of this grace period, Flex will pay you for the hours worked, but reserves the right to suspend your use of the Services.
  7. Do not start work early, finish work late, work during a meal period, or perform any other extra work unless you have been authorized to do so. You are strictly prohibited from performing any off-the-clock work. “Off-the-clock” work means work you perform but do not report time worked. It is a serious violation of Flex policy for anyone (e.g. employees, managers, Clients) to encourage or instruct you to perform any work without reporting that time. It is a strict violation of Flex policy to under-report, over-report, or otherwise falsify your own or another employee’s time entries (or encourage someone else to do so).  Employees who work off the clock may be subject to discipline, up to and including termination. Employees are required to report any instruction by managers to perform such off-the-clock work to Flex. Any employee that makes such a report in good faith will not be subject to retaliation or discipline.
  8. In the event that you disagree with a timesheet, please Contact Us at help@indeedflex.com within 48 hours of receiving your pay-slip to lodge a dispute with Flex and to state what you consider to be the correct times. Flex will consult with the Client in an attempt to resolve the dispute and will confirm the outcome to you in writing.
  9. Failure to comply with these time recording procedures may result in a delay in payment to you as we investigate (in a timely fashion) the hours you worked.
  10. The number of hours which you are required to work will be as set out in the Assignment. You are not obliged to work any hours in excess of those set out in the Assignment (“Excess Hours”), but may agree with the Client to do so. You will receive the Pay  for any Excess Hours. If you incur any extra travel expenses as a result of working Excess Hours you may claim these from the Client via Flex. Claims for such expenses must be made within 24 hours of completing the Shift in respect of which they were incurred. Expenses will only be reimbursed where they are reasonably incurred and evidenced by receipts.

17. Attendance

  1. Flex takes punctuality for Engagements very seriously. We encourage you to plan your journey ahead leaving room for delay. Once you arrive, report to a manager/supervisor so you can clock in and generate a timesheet. If you are going to be late for a Shift, please contact Flex on Live Chat so that we can notify the Client.
  2. If you arrive at a Shift late, the Client is entitled to send you home and you will not be paid for the Shift. Furthermore, if you are reported to Flex as being over 10 minutes late on two or more occasions, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session to regain access to the Services.
  3. If you accept an Engagement which you are subsequently unable to attend, you must notify Flex immediately by cancelling the Engagement via the Service. If you cancel a Shift or an Engagement less than 24 hours (but more than 30 minutes) before that Shift or Engagement is due to start you will receive a “strike”. If you receive three strikes, Flex reserves the right to suspend your use of the Services and to require you to attend another induction session.
  4. Flex understands that sometimes plans change and that you may need to cancel a shift within 24 hours. You may work off your first or second strikes by completing 10 shifts without obtaining any further strikes.
  5. If a Shift or Engagement is cancelled by the Client, Flex will take reasonable steps to give you as much notice as possible. If a Shift or Engagement is cancelled by the Client less than 24 hours before that Shift or Engagement is due to start, you may be paid compensation of up to 4 hours’ Pay. The payment of compensation will be determined by Flex acting in its sole discretion.
  6. If you fail to attend your booking without notifying Flex, Flex you may be subject to discipline up to and including termination.  If you cancel the Engagement via the Service less than 30 minutes before that Shift or Engagement is due to start, Flex you may be subject to discipline up to and including termination and prevent you from using the Services.

18. Feedback and Ratings

  1. By using the Services, you agree to be given feedback by Clients for whom you have provided services. Clients may provide general feedback and/or role-specific feedback based on their interactions with you during each Engagement. Feedback will be aggregated into a Rating and attributed to your Flex Account.
  2. You acknowledge that Ratings will consist exclusively of a numerical star rating on a scale of 1-5 left by Clients, and that your Rating will be attributed to your Flex Account and displayed publicly in the Flex app and website.
  3. You understand that Clients can view your Rating as part of Flex services and that Clients may consider your Rating as part of their worker selection. Clients consider your Rating at their own discretion.
  4. You will have access to view Ratings provided by Clients at any time in your Flexer profile.
  5. Clients may also provide Flex with feedback about your performance. This feedback will not be attributed to your Flex Account and cannot be viewed by any Client or user.

19. Rights and Benefits

  1. Breaks: You are not entitled to any specific breaks during a Shift, but, if a Client provides a break of 20 minutes or less, you must be paid for that time.  You are also not entitled to a meal break, but if a Client offers one it must be at least 30 minutes and you must not be asked or allowed to perform any duties during that time.  For a meal break of this type, the Client may legally deem this uncompensated time, for which you are not paid.  Flex cannot guarantee that the Client will provide any food, drink or other refreshments, so you are advised to take your own.
  2. Health Insurance: At this time, Flex does not offer a health insurance plan. Flex is working to offer such insurance in the near future. The following information is provided by, and at the request of, the U.S. Department of Labor.
    1. Health Insurance Marketplace Coverage Options and Your Health Coverage
      1. PART A: General Information
        1. Key parts of the federal Affordable Care Act took effect in 2014, and created a new way to buy health insurance: the Health Insurance Marketplace. To assist you as you evaluate options for you and your family, the notice in this section provides some basic information about the Marketplace and employment-based health coverage offered by your employer.
        2. What is the Health Insurance Marketplace? The Marketplace is designed to help you find health insurance that meets your needs and fits your budget. The Marketplace offers “one-stop shopping” to find and compare private health insurance options. You may also be eligible for a tax credit that lowers your monthly premiums right away.
        3. Can I Save Money on my Health Insurance Premiums in the Marketplace? You may qualify to save money and lower your monthly premium, but only if your employer does not offer coverage, or offers coverage that doesn’t meet certain standards. The savings on your premium that you’re eligible for depends on your household income.
        4. Does Employer Health Coverage Affect Eligibility for Premium Savings through the Marketplace? Yes. If you have an offer of health coverage from your employer that meets certain standards, you will not be eligible for a tax credit  through the Marketplace and may wish to enroll in your employer’s health plan. However, you may be eligible for a tax credit that lowers your monthly premium, or a reduction in certain cost-sharing if your employer does not offer coverage to you at all or does not offer coverage that meets certain standards. If the cost of a plan from your employer that would cover you (and not any other members of your family) is more than 9.5% of your household income for the year, or if the coverage your employer provides does not meet the “minimum value” standard set by the Affordable Care Act, you may be eligible for a tax credit.
        5. Note: If you purchase a health plan through the Marketplace instead of accepting health coverage offered by your employer, then you may lose the employer contribution (if any) to the employer-offered coverage. Also, this employer contribution — as well as your employee contribution to employer-offered coverage — is often excluded from income for Federal and State income tax purposes. Your payments for coverage through the Marketplace are made on an after-tax basis.
        6. How Can I Get More Information? For more information from your employer, please contact help@indeedflex.com.
        7. The Marketplace can help you evaluate your coverage options, including your eligibility for coverage through the Marketplace and its cost. Please visit HealthCare.gov for more information, including an online application for health insurance coverage and contact information for a Health Insurance Marketplace in your area.
      2. PART B: Information About Health Coverage Offered by Your Employer. This section contains information about any health coverage offered by your employer. If you decide to complete an application for coverage in the Marketplace, you will be asked to provide this information. This information is numbered to correspond to the Marketplace application.
      3. 3. Employer name: Indeed Flex, Inc.
      4. 4. Employer Identification Number (EIN): 85-0568068
      5. 5. Employer address: 6433 Champion Grandview Way, Austin, Texas 78750
      6. 6. Employer phone number: None
      7. 7. City: Austin
      8. 8. State: Texas
      9. 9. ZIP code: 78750
      10. 10. Who can we contact about employee health coverage at this job? help@indeedflex.com
      11. 11. Phone number: None
      12. 12. Email address: help@indeedflex.com
    2. Here is some basic information about health coverage offered by Flex:
      1. As your employer, Flex does not currently offer a health plan to employees.
      2. With respect to dependents, Flex does not offer coverage.
      3. [This section of Notice intentionally left blank by employer because inapplicable.]
      4. If you decide to shop for coverage in the Marketplace, HealthCare.gov will guide you through the process. Here’s the employer information you’ll enter when you visit Healthcare.gov to find out if you can get a tax credit to lower your monthly premiums.
        1. 13. Flex employees are not currently eligible for coverage and will not be eligible in the next 3 months. Flex does not currently offer health insurance.
        2. 14. Flex does not offer a health plan that meets the minimum value standard.
        3. 15. [This section of Notice intentionally left blank by employer because inapplicable.]
        4. 16. Flex is working to offer health insurance in the near future but has not yet chosen a specific plan and does not yet know the exact date that coverage will be implemented or offered.
  3. Family and Medical Leave Act (“FMLA”)
    1. Employee Rights under the Family and Medical Leave Act of the United States Department of Labor Wage and Hour Division
      1. Leave Entitlements
        1. Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12 month period for the following reasons:
          1. The birth of a child or placement of a child for adoption or foster care;
          2. To bond with a child (leave must be taken within one year of the child’s birth or placement);
          3. To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
          4. For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
          5. For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
        2. An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.
        3. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
        4. Employees may choose, or an employer may require, use of any accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
      2. Benefits & Protections
        1. While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
        2. Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.
        3. An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.
      3. Eligibility Requirements: An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:
        1. Have worked for the employer for at least 12 months;
        2. Have at least 1,250 hours of service in the 12 months before taking leave; and
        3. Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
      4. Requesting Leave
        1. Generally, employees must give 30-days advance notice of the need for FMLA leave. If it is not possible to give 30-days notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.
        2. Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.
        3. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.
      5. Employer Responsibilities
        1. Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.
        2. An employer must notify employees if leave will be designated as FMLA leave, and, if so, how much leave will be designated as FMLA leave.
      6. Enforcement
        1. Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.
        2. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
    2. For additional information or to file a complaint:
      1. 1-866-4-USWAGE
        1. (1-866-487-9243)
        2. TTY: 1-877-889-5627
      2. www.dol.gov/whd
        1. U.S. Department of Labor – Wage and Hour Division

20. Temporary to Permanent

  1. You acknowledge that Flex will be able to charge the Client an Introduction Fee where the Client or any of its Group Companies Introduces you within the Relevant Period.
  2. The Introduction Fee will not be payable in the circumstances described in clause 18.1 if the Client agrees to have you supplied by Flex for a further specified period, at the end of which you may be engaged by the Client or any of its Group Companies without further charge.

21. Termination

  1. If you do not contact Flex or use the online platform for more than one month, Flex reserves the right to terminate your profile from the Services and archive your profile from Flex’s online platform.  If you have a medical, family-related, or other legitimate reason for which you need to be inactive more than one month, contact us to discuss.  You will always be granted any and all leave to which you are entitled under the Federal Family and Medical Leave Act (“FMLA”).  If you do not qualify for FMLA leave, Flex will discuss your circumstances with you and may grant unpaid leave in any amount of days or months in Flex’s sole discretion subject to its legal obligations.  If Flex approves a leave period of more than one month, Flex will archive your profile from Flex’s online platform and then republish it on the online platform once your leave is complete.
  2. No notice is required from you [or Flex] to terminate this agreement.

22. Confidentiality

  1. In order to protect the confidentiality and trade secrets of any Client and Flex and without prejudice to every other duty you agree that you will, both during and after any Engagement, keep confidential and not disclose to any person (except in the proper performance of your services under any Engagement) nor use for your own benefit or for the benefit of any third party, any Confidential Information. You also agree that you will not, at any time, make any copy, abstract or summary of the whole or any part of any document or other material belonging to the Client or Flex except when required to do so in the course of an Engagement, in which circumstances such copy abstract or summary would belong to the Client or Flex.
  2. You agree to deliver up to the Client or Flex at the end of each Shift all documents, ID cards, swipe cards, equipment, passwords, pass codes and other materials belonging to the Client (and all copies) which are in your possession including documents, any data produced, maintained or stored on the Client’s computer systems or other electronic equipment and other materials created by you during the Shift.
  3. You must also keep confidential details concerning the presence and conduct of any persons attending an event.
  4. This clause shall not apply to any information which is in the public domain other than through a breach by you of this or any other obligation of confidentiality, or which you are ordered to disclose by a court of competent jurisdiction.

23. Privacy

  1. Data Privacy: Flex recognises the importance of respecting the personal privacy of all its Flexers.  During the term of this contract, it will be necessary for Flex to retain and process your personal data in the performance of Flex’s obligations to you as an employer and as a service provider to our Clients. You acknowledge and agree that you have received a copy of Flex’s Employee Privacy Notice and that your personal data will be processed as outlined therein. You also consent to Flex making such information available to Flex’s Group Companies, those who provide products or services to Flex (such as advisers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of Flex or Flex’s Group Companies or any part of its business.
  2. Security: If you have accepted an Engagement for which a Client requires additional information about you for security purposes, Flex reserves the right to pass on necessary details to the Client. By using the Services you agree to provide a photograph of yourself which may be used for security purposes.
  3. Photographs: In addition to providing a photograph for the purposes of security, by using the Services you also agree that you allow photographs of your profile and any photos and video footage of Engagements at which you have worked to be published on Flex’s website and used in other marketing materials which may be produced by Flex.
  4. Video Surveillance: By accepting employment with Flex, you agree and consent to the following:
  1. All desks, storage areas, lockers, and all vehicles owned, financed, or leased by Flex or its Clients are subject to search at any time without your knowledge, presence, or permission. With the exception of your personal vehicle, you are prohibited from locking or otherwise securing any such desk, storage area, locker, or vehicle with any lock or locking device not supplied or approved by Flex or the Client. If you use your own lock on any such item, you must give your supervisor a copy of the key or combination to the lock so that Flex or the Client may open the lock at any time that it may deem such action necessary.
  2. In order to promote the safety of employees and visitors, as well as the security of facilities, Flex or the Client may conduct video surveillance of any portion of its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms, and video cameras may be positioned in appropriate places within and around Flex and Client buildings and used in order to help promote the safety and security of people and property.
  3. You hereby release the Flex and its Clients from all liability, including liability for negligence, associated with the enforcement of these policies and/or any searches or surveillance undertaken pursuant to these policies.

24. Personal Possessions:

Neither Flex nor Clients will be responsible for your personal belongings. Please ensure that you keep your personal possessions secure. You are advised not to take any items of value with you to Shift or Engagement. Please note that Clients have the right to ask to search your bags on their premises.

25. Equal Opportunity and Accommodation

  1. Equal Opportunity: It is Flex’s policy to ensure that no Flexer is discriminated against, harassed, or retaliated against as a result of their race, sex, disability, age, sexual orientation, religion, belief or ethnic, national origin, or any other protected ground. If you violate this policy, you may be subject to discipline up to and including termination.  If you believe anyone at Flex, at a Client, or otherwise related to your employment with Flex has violated this policy with regard to you or anyone else, please immediately report that to us, and we will investigate and take appropriate action.  Please note, all Flexers are required to acknowledge and comply with Flex’s Anti-Harassment and Anti-Discrimination policy as a term and condition of employment.
  2.  Reasonable Accommodations Under the Americans With Disabilities Act (ADA)
    1. Flex is committed to complying fully with all federal and state laws concerning the employment of persons with disabilities, and to ensuring equal opportunity in employment for qualified persons with disabilities. Flex does not discriminate against applicants or employees with disabilities and is committed to working with our Clients, with whom we place our employees on assignments, to offer reasonable accommodations to qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment.
    2. Reasonable Accommodation: Flex, working with our Clients, provides reasonable accommodations to qualified individuals with a disability to enable them to perform the essential functions of their job, unless doing so would cause a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation, or unless the accommodation creates an undue hardship for the operations of Flex and/or the Client.
    3. Process for Requesting an Accommodation
      1. If you currently have a disability or become disabled during your employment, and as a result believe you need an accommodation to enable you to perform the essential functions of your job, you are responsible for requesting an accommodation. You can reach out directly to Flex at help@indeedflex.comto make the request.
      2. To request an accommodation, an employee must:
        1. Notify help@indeedflex.com(in writing is preferred) of the need for an accommodation
        2. Flex (or its designee) will engage with you to identify the necessary information and evaluate the requested accommodation
        3. In most instances, an employee will be required to provide supporting medical documentation related to the requested accommodation.
        4. If you do not receive a response after requesting an accommodation, please follow up.
    4. Determinations
      1. Flex makes determinations about reasonable accommodations on a case-by-case basis considering various factors and based on an individualized assessment of each situation, including an assessment of the essential functions of the position.
      2. Flex strives to make determinations on reasonable accommodation requests expeditiously, and will inform you once a determination has been made.
      3. If you have any questions about an accommodation request you have made, please contact help@indeedflex.com.
    5. No Retaliation: Individuals will not be retaliated against for requesting an accommodation. Flex expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith. Flex is committed to enforcing this policy and prohibiting retaliation against employees and applicants who request an accommodation in good faith. However, the effectiveness of our efforts depends largely on individuals telling us about inappropriate workplace conduct. If employees or applicants feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately at indeedflex.com/complaints. If employees do not report retaliatory conduct, Flex may not become aware of the possible violation of this policy and may not be able to take appropriate corrective action.

26. US Work Authorization

  1. This offer is contingent upon verification of your right to work in the United States as demonstrated by your completion of the Form I-9 and your submission of acceptable documentation (as noted on the Form I-9) verifying your identity and work authorization within three days of your first day of employment with the company, defined as the day of your acceptance into Flex’s assignment pool. The selection of which documents to present is yours to make. If the Form I-9 is not properly completed within the required time frame, your employment will be terminated and the offer withdrawn. Flex participates in E-Verify, a federal government system used to verify the employment authorization and social security number of each new employee.

27. Liability

  1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
  2. We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Flexer Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including your participation in any of the Engagements). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from Clients in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
  3. Flexers engaged via the Service perform the Engagements under the direction and supervision of the Client.

28. Indemnity

Flexers hereby acknowledge and agree to indemnify and keep indemnified Flex, each of Flex’s Group Companies, and each of its and their officers, directors, agents and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation, or breach of these Flexer Terms, or your infringement or alleged infringement of any law or the rights of a third party in the course of using the Service.

29. Dispute between Flexers and Clients

  1. You acknowledge and agree that in the event that a dispute arises between you and any Client in relation to any Assignment/Engagement/Shift you will contact us at help@indeedflex.com before taking any action. Further, you agree to abide by the terms of the Indeed Flex Confidentiality, Proprietary Right, and Arbitration Agreement.

30. Other Important Terms

  1. In the event of conflict between these Flexer Terms, the Flex Force Agreement/Service Level Agreement (if applicable) and the Flex Privacy Policy, the following order of precedence shall apply: (i) the Flex Force Agreement/Service Level Agreement (if applicable); (ii) these Flexer Terms; and (iii) the Flex Privacy Policy.
  2. If any provision or part-provision of these Flexer Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Flexer Terms.
  3. This contract is between you and Flex. Save for Flex’s Group Companies and the officers, directors, agents and employees of Flex and its Group Companies upon which rights are conferred by these terms (and who may enforce those rights directly against you), no other person has any rights to enforce any of its terms.
  4. You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
  5. If Flex delays exercising or fails to exercise or enforce any right available to it under these Flexer Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Flexer Terms.
  6. Flex may suspend, withdraw, discontinue or change all or any part of the Service without notice.
  7. These Flexer Terms, together with any documentation referenced within them, constitute the entirety of the agreement between you and Flex.
  8. Any notice or other communication given to a party under or in connection with these Flexer Terms shall be in writing and shall be (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or (ii) sent by email to the address specified in the Flexer’s Account. Notices will be deemed given 24 hours after the email is sent (if sent by email) or the third day after the date of mailing (if sent by post).
  9. These Flexer Terms and any contract between you and Flex will be governed as to all matters, including, but not limited to the validity, construction and performance, by and under the laws of the State of Texas, United States of America. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

31. Contacting Flex

  1. Flex’s office is located at Indeed Flex, Inc. 6433 Champion Grandview Way, Austin, Texas 78750. Please feel free to contact us by email on help@indeedflex.com

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