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").

Employer PAYE Reference: 120/BF05099. HMRC Accounts Office Reference: 120PP03666762. ICO Registration: ZC090582.

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 Account Review & Approval

Registration is subject to review and approval by Opus. We may request additional information or decline registration at our discretion if eligibility requirements are not met. You will be notified of your registration status and may not access shift assignments or complete onboarding (identity verification, contract signing) until your account is approved.

3.3 Security Responsibilities

You are responsible for:

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

We are not liable for losses from unauthorised 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, contract signed, required training complete, and any role-specific certifications valid) to accept shifts. Certain roles may require valid professional certifications (e.g., SIA licence, CSCS card, driving licence) that you must upload and have verified before accepting those shifts.

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 2 years for attendance verification (see Privacy Policy §7)
• 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 (registered DBS umbrella body)
• Levels: Basic, Standard, Enhanced, or Enhanced with Barred List 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
• Fair Processing Notice: Before any DBS check begins, you will receive Document 6 of the Worker Contract Bundle, the Background Check Consent & Fair Processing Notice, which details all data processors, lawful bases, and retention periods

4.5 Electronic Signatures & Worker Contract Bundle

Employment contracts and related documents are signed electronically via eSignatures.io. The Worker Contract Bundle (v1.4) comprises the following 7 documents, all signed as a single package:

1. Key Information Document (KID)
2. Terms of Engagement
3. Zero Hours Contract of Employment
4. Section 1 Statement
5. Essential Employment Policy Pack
6. Background Check Consent & Fair Processing Notice
7. Working Time Directive Opt-Out Agreement

• Electronic signatures have the same legal validity as handwritten signatures (Electronic Communications Act 2000)
• Complete audit trail maintained for all signed documents
• Copies available in your account at any time

4.5A Working Time Directive Opt-Out

As part of the Worker Contract Bundle, you may be offered a voluntary opt-out from the 48-hour average weekly working time limit under Regulation 5 of the Working Time Regulations 1998:

• Entirely voluntary: You are not required to sign as a condition of employment
• No adverse consequences: Your pay, assignments, and employment status are unaffected by your decision
• Revocable: You may revoke the opt-out at any time by giving 7 days' written notice
• Other protections unaffected: Daily/weekly rest periods and rest breaks continue to apply regardless

4.5B Overpayment Recovery

If you are overpaid (including due to timesheet errors, duplicate payments, or system errors), Opus may recover overpayments by deduction from future earnings:

• You will be notified in writing of the overpayment amount and the reason
• Deductions will not exceed 10% of gross pay per pay period unless otherwise agreed
• You may dispute overpayment calculations by contacting payroll within 14 days of notification

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

Worker cancellations:

• >72 hours notice: No penalty for cancelling assigned shifts
• 24-72 hours notice: Warning recorded; may affect reliability score
• 4-24 hours notice: Reliability penalty and warning recorded
• <4 hours / No-show: Significant reliability penalty; repeated no-shows may result in suspension
• Emergencies: Medical emergencies with documentation exempt from penalties

Employer cancellations:

• >72 hours notice: No compensation owed to assigned workers
• 48-72 hours notice: 10% of shift value compensation per worker
• 24-48 hours notice: 15% of shift value compensation per worker
• 12-24 hours notice: 25% of shift value compensation per worker
• 4-12 hours notice: 50% of shift value compensation per worker
• <4 hours notice: 100% of shift value compensation per worker
• Force majeure: Extreme weather, civil emergency, or government order exempts employer from 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 (27 tools): Find shifts, check earnings, view compliance status, manage availability
• Employers (30 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 Governance Framework

All AI tool executions operate under a tiered governance framework:

All AI tool executions are recorded in a permanent audit log retained for 6 years in accordance with UK employment law and ICO accountability obligations. High-impact (Tier 2) operations are routed to the Ops Approval Workbench where an authorised Opus team member must review and explicitly approve before execution. Tier 3 actions are never performed by AI - they are handled exclusively by deterministic, rule-based systems.

5.4 Model Training

We use de-identified and anonymised interaction data to improve intent routing, safety classification, and tool extraction models. No personally identifiable information is used in training. Third-party LLM providers are contractually prohibited from training on Opus data. See our Privacy Policy §4.6 for full details and opt-out information.

5.5 AI Data Processing

• Queries may be processed by Anthropic (Claude) under strict data processing agreements
• Conversational AI logs are retained for 2 years for audit and service improvement
• Governance audit logs (tool execution records, approval decisions) are retained for 6 years for employment law and regulatory compliance
• 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
• Additional-hours rates as contractually agreed

6.2 Pay Cycles

• Weekly Pay: Timesheets submitted Sunday, payment within 5 business days via BACS

6.3 Payment Processing

• Standard weekly BACS payroll processing applies
• No optional accelerated payout product is available

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 Limited 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