Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Opus Platforms Limited (Company No. 16856935), trading as "Opus", registered at Unit 314b, 566 Cable Street, London, E1W 3HB ("we", "us", "our").

By accessing or using our platform (website, mobile apps, WhatsApp integration, and related services), you agree to be bound by these Terms and our Privacy Policy.

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal right to work in the United Kingdom
• Be capable of entering a legally binding contract
• Provide accurate, current, and complete registration information
• Not be prohibited from using the Platform under UK law

3.1 Account Creation

To access services, you must create an account providing:

• Full legal name (as per identity documents)
• Valid email address
• UK mobile phone number (for verification and WhatsApp)
• Secure password (minimum 12 characters with complexity)
• Home postcode (for shift matching)

3.2 Security Responsibilities

You are responsible for:

• Maintaining password confidentiality
• All activities under your account
• Enabling multi-factor authentication when available
• Immediately notifying us of unauthorized access

We are not liable for losses from unauthorized account use where you failed to protect credentials.

4.1 Opus as Your Employer

4.2 Shift Assignments

Dual Allocation Modes:

• First-Valid-Wins: Instant assignment to first compliant worker who accepts. No employer review—once you accept, the shift is yours.
• Employer Approval: Submit applications for employer review. You'll receive WhatsApp notification when approved/declined.

Compliance Requirements: You must maintain "Green" RAG status (Right to Work verified and contract signed) to accept shifts. Platform training is optional and does not affect your compliance status.

4.3 GPS Attendance Tracking

• Consent Required: By accepting GPS-tracked shifts, you consent to location recording at clock-in/out
• Geofence: You must clock in within 100-200m of the work site
• Purpose: Prevents timesheet fraud, verifies physical presence
• Retention: GPS data stored 6 years for payroll/legal compliance
• Withdrawal: You can withdraw consent, limiting available shifts

4.4 DBS Background Checks

For certain roles (healthcare, childcare, security), DBS checks may be required:

• Explicit Consent: You must consent before we initiate any DBS check
• Provider: Checks conducted via uCheck or Atlantic Data (registered DBS bodies)
• Levels: Basic, Standard, or Enhanced depending on role requirements
• Sharing: Results shared with employers only for relevant roles
• Update Service: With your consent, we may check DBS Update Service status

4.5 Electronic Signatures

Employment contracts and related documents are signed electronically via DocuSign or PandaDoc:

• Electronic signatures have the same legal validity as handwritten signatures
• Complete audit trail maintained for all signed documents
• Copies available in your account at any time

4.6 Agency Worker Regulations (AWR)

After 12 consecutive weeks at the same employer/site, you're entitled to equal treatment:

• Platform automatically tracks your weeks
• Notification when approaching 12-week threshold
• Automatic pay rate adjustment if applicable
• Updated contract terms reflecting equal treatment rights

4.7 Talent Pool & Direct Invitations

With your separate consent:

• Talent Pool: Anonymized profile visible to employers (stats, ratings, area—never full name/contact)
• Direct Invitations: Employers can send shift offers directly via WhatsApp
• Both consents independent and revocable anytime

4.8 Cancellation & No-Show Policy

• >24 hours notice: No penalty for cancelling assigned shifts
• 4-24 hours notice: Warning recorded; may affect reliability score
• <4 hours / No-show: Reliability penalty; repeated no-shows may result in suspension
• Emergencies: Medical emergencies with documentation exempt from penalties
• Employer cancellations: If employer cancels <24h before shift, you may receive partial compensation

4.9 Health & Safety

Employers are responsible for workplace health and safety. You must:

• Follow all employer health and safety instructions
• Report accidents/incidents to both employer and Opus immediately
• Use provided protective equipment where required
• Not work if unfit due to illness, intoxication, or fatigue

Workplace injuries: Report to Opus within 24 hours. Employers must maintain liability insurance.

5.1 What AI Does

• Workers (24 tools): Find shifts, check earnings, view compliance status, manage availability
• Employers (31 tools): Monitor fill rates, view worker compliance, timesheet analytics
• Support: Instant answers to platform questions, 24/7 availability

5.2 What AI Does NOT Do

5.3 AI Data Processing

• Queries may be processed by third-party LLM providers (Anthropic, OpenAI) under strict data agreements
• All AI interactions are logged for audit purposes (90-day retention)
• You can opt out of AI features by contacting support—core functionality remains available

6.1 Payment Calculation

• Pay based on verified hours (GPS clock-in/out)
• Hourly rate shown on shift posting before acceptance
• Overtime rates as contractually agreed (typically 1.5× after 8 hours)

6.2 Pay Cycles

• Weekly Pay: Timesheets submitted Sunday, payment within 5 business days via BACS
• Instant Pay (Optional): Access up to 50% of earnings immediately after shift completion

6.3 Instant Pay Fees

• Processing fee: 3% of withdrawal (minimum £0.50)
• Daily limit: £500
• Standard weekly pay: No fees

6.4 Statutory Deductions

• Income tax and National Insurance (PAYE)
• Pension contributions (auto-enrolment if eligible)
• P60 provided annually via your account

7.1 Prohibited Activities

You must NOT:

• Provide false information (identity, documents, qualifications)
• Share account credentials
• Engage in fraud (timesheet manipulation, fake GPS, identity theft)
• Harass employers, workers, or Opus staff
• Attempt to bypass security measures
• Use automated bots or scraping tools
• Post offensive or illegal content

7.2 Professional Conduct

During shifts, you must:

• Arrive on time and follow shift schedules
• Follow employer instructions and workplace policies
• Maintain professional appearance and conduct
• Report workplace incidents immediately

7.3 Consequences

We may suspend/terminate your account, withhold payment pending investigation, report criminal activity, or pursue legal action.

All Platform content (software, design, text, graphics, trademarks) is owned by Opus Platforms Ltd and protected by UK and international IP laws.

Your Licence: Limited, non-exclusive, non-transferable, revocable licence for personal use as a platform user.

Your Content: By uploading documents/photos, you grant Opus a royalty-free licence to use them solely for providing services (e.g., sharing RTW documents with employers).

Your privacy matters. See our Privacy Policy for complete details on data collection, use, and your rights under UK GDPR.

• Data processed per UK GDPR and Data Protection Act 2018
• You have rights to access, rectify, erase, and port your data
• Cookies used per our Cookie Policy
• Data stored on secure UK/EU AWS infrastructure

10.1 Platform "As Is"

The Platform is provided "AS IS" without warranties including:

• Uninterrupted or error-free operation
• Availability of shifts at all times
• Accuracy of employer-provided information

10.2 Limitation of Liability

To the maximum extent permitted by UK law, Opus is not liable for:

• Indirect, incidental, or consequential damages
• Damages exceeding £100 or amounts paid in past 12 months
• Third-party conduct (employers, other workers)
• Technical failures beyond our control

10.3 Exceptions

Nothing excludes liability for:

• Death or personal injury from negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by UK law

10.4 Indemnification

You agree to indemnify Opus against claims arising from your violation of Terms, violation of law, false information, or conduct during shifts.

11.1 Your Right to Terminate

Delete your account via Account Settings or email info@opusplatforms.co.uk. Personal data retained per legal requirements.

11.2 Our Right to Terminate

We may suspend/terminate immediately for:

• Breach of Terms
• Suspected fraud
• Failed compliance (expired RTW)
• Legal or regulatory requirement

11.3 Effect of Termination

Access ceases immediately. Outstanding payments processed (minus disputed amounts). Sections on IP, Liability, Indemnification, and Governing Law survive termination.

We may update these Terms. For material changes:

• Update version and date
• Notify via email or Platform notification
• Provide 30 days' notice before changes take effect

Continued use after changes constitutes acceptance. If you disagree, stop using the Platform.

13.1 Applicable Law

• Law: England and Wales
• Jurisdiction: Courts of England and Wales have exclusive jurisdiction

13.2 Dispute Resolution

• Step 1: Contact info@opusplatforms.co.uk to attempt informal resolution (30 days)
• Step 2: For employment-related disputes, you may contact ACAS for free early conciliation
• Step 3: Court proceedings as last resort; claims under £10,000 via Small Claims Track

Nothing in this section limits your statutory employment rights or right to bring claims before an Employment Tribunal.

14.1 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemic, government action, cyberattacks, or significant infrastructure failure. Affected party must notify the other promptly and mitigate impact where possible.

14.2 General Clauses

• Entire Agreement: These Terms + Privacy Policy + Cookie Policy constitute the complete agreement
• Severability: Invalid provisions don't affect remaining terms
• Waiver: Failure to enforce doesn't waive rights
• Assignment: You cannot assign; we may assign to successors
• No Third-Party Rights: No third-party beneficiary rights created