Professionals are required to undergo a criminal background check, which includes being screened against any relevant Employee Disqualification Lists.
This Platform Access Agreement (the “Agreement”) is by and among you and ShyftDog!, Inc. This Agreement governs your access to the ShyftDog! platform which facilitates provision of temporary and supplemental medical staffing to facilities. ShyftDog! will provide you access to temporary and supplemental opportunities within a defined geographic area that match your credentials based on requests by facilities for such services. You, as an independent contractor, have the ability to accept Facilities’ request for temporary and supplemental nursing (the “Assignment”).
1.1. You acknowledge that you are an independent contractor and that ShyftDog! does not pay employment taxes, provide worker’s compensation coverage, or any other benefits except payment for services rendered.
1.2. ShyftDog! does not direct or control you. You decide when, where, and whether you would like to accept, decline, or cancel an Assignment.
2.1. General. While using the ShyftDog! platform you may receive lead generations and other technology-based services that enable you to provide temporary and supplemental medical shifts requested by facilities. Subject to the terms and conditions of this agreement, ShyftDog! grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this agreement, to use the ShyftDog! platform solely for the purpose of providing temporary and supplemental medical services.
2.2. Licenses. You are responsible for identifying, understanding, and complying with all applicable laws in the State for which you accept assignments. You shall be responsible for maintaining and ensuring that all licenses, credentials, and requirements (including immunizations) are up to date and valid, including all costs to maintain or renew licenses and credentials. You shall timely provide updated or renewed licenses and credentials to ShyftDog! upon renewal.
2.3. Provision of Services. You represent, warrant, and covenant that, in addition to the appropriate licenses and credentials, you have all the necessary expertise and experience to provide the standard and level of care required for the assignment. You shall provide all equipment and supplies necessary for the performance of assignment duties, except those that are provided by the facility. Facility will communicate to you what supplies are needed.
2.4. Access to Platform. To have access to the ShyftDog! platform you must first create and register an account. All information you provide must be accurate, current, and complete. You have a duty to update any information that changes. You must upload all required documents. Before you can accept an assignment ShyftDog! may verify all the information you provided, confirm credentials, and may contact you to discuss your account, information, credentials, and abilities prior to authorization for you to accept assignments (the “Screening”). ShyftDog! reserves the right to deny you access to the platform should you not pass any part of the Screening.
3.1. Professionalism. You agree to respond to solicitations for temporary or supplemental medical staffing made by facilities through ShyftDog!, and provide those services in a professional manner consistent with all applicable laws, regulations, and standards of care.
3.2. Policies and Procedures. Upon acceptance of an assignment, you agree to abide by that facility’s policies, procedures, and regulations while working at that assignment. Said policies shall be made available to you prior to acceptance of an assignment, and acceptance of an assignment is confirmation that you have read the policies, procedures, and regulations.
3.3. Travel Costs. You acknowledge that ShyftDog! is not responsible for any travel or relocation costs including but not limited to travel costs (including mileage reimbursement or airline travel), lodging, or food costs.
3.4. Failure to Appear. If an assignment is accepted you must cancel your acceptance more than 24 hours prior to the start of that assignment. Failure to do so and failure to appear to assignment will result in liquidated damages in the amount of your fees for the scheduled amount of work, which is equal to the cost of finding a replacement for that assignment. By accepting this agreement, you authorize ShyftDog! to withhold liquidated damages from any payment of fees owed to you and agree that said damages can be taxed against future payment of fees for services rendered.
3.5. Cancellation by Facility. In the event Facility cancels the request for temporary or supplemental nursing services more than two (2) hours prior to the start time of assignment, there shall be no penalty. If the facility cancels the request less than two hours prior to the start time of the assignment, you shall be entitled to ½ of the payment of fees for the assignment.
4.1. Fee Schedule. You acknowledge that your payment will be based on actual work performed and in accordance with the terms outlined in the job description.
4.2. Direct Deposit. You must provide ShyftDog! with a valid and active bank account number and routing number to receive direct deposit of payment of fees. Payment of fees will be sent weekly.
5.1. Term. This agreement is effective as of the date and time you accept it and will continue until terminated by you or ShyftDog!
5.2. Termination by You. This Agreement may be terminated by either party (a) without cause at any time upon seven (7) days prior written notice to the other party; or (b) immediately, without notice for violation or alleged violation of a material provision of this Agreement.
5.3. Deactivation. You consent to, and ShyftDog! may, temporarily deactivate your account without notice to investigate whether you have engaged in, or your account has been used in, activity that is deceptive, fraudulent, unsafe, illegal, harmful to ShyftDog!’s business or reputation, or violates this Agreement. You also consent to, and we may, terminate this Agreement, or permanently deactivate your account without notice if we determine in our discretion that a material breach or violation has occurred.
5.4. Effect of Termination and Survival. Upon termination of this Agreement, each party will remain responsible for its respective liabilities or obligations that have accrued before or as a result of such termination. Once the Agreement is terminated, you will no longer have access to the platform to provide temporary or supplemental nursing services. All provisions of this Agreement shall survive termination of the Agreement.
6.1. ShyftDog! provides our platform and any additional products “as is” and “as available,” without guarantee or warranty of any kind, and your access to our platform is not guaranteed to result in any assignments. We do not warrant that the platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects will be corrected, that our technology is free of viruses or other harmful components. We will not be liable for any service interruptions or losses resulting from service interruptions, including but not limited to system failures or other interruptions that may affect your access to our platform.
6.2. We provide lead generation and related services only, and make no representations, warranties or guarantees as to the actions or inactions of the facilities who may request or receive nursing services from you.
6.3. Should a dispute arise between you and any Facility you indemnify and release ShyftDog! from losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7.1. Information. ShyftDog! may collect and disclose information from or about you when you create an account, interact with our platform, or provide nursing services. Your information will only be disclosed to Facilities for that specific facility to verify your credentials and qualifications.
7.2. Confidential Information. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party or third parties. You agree that you will not disclose or use any confidential information except as necessary to perform your obligations under this Agreement.
7.3. Obligations. Each party acknowledges and agrees that: (a) all Confidential information shall remain the exclusive property of the disclosing party; (b) it shall not use confidential information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose confidential information of the other party to any third-party, except to its employees, officers, contractors, agents and service providers as necessary to perform their obligations under this Agreement, provided those individuals are bound in writing to obligations of confidentiality and non-use of confidential information no less protective than the terms hereof; and (d) it shall return or destroy all confidential information of the disclosing party, upon the termination of this Agreement or at the request of the other party; subject to applicable law and our internal record-keeping requirements.
7.4. Remedies. The unauthorized use or disclosure of any confidential information would cause irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, the parties have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of confidential information disclosed by the other party, in addition to any other rights or remedies granted by the laws of the State of Missouri.
8.1. ShyftDog! reserves all rights in its intellectual property not explicitly granted in this Agreement. The ShyftDog! application, platform, and all data gathered through them, including all intellectual property rights therein, are and remain the property of ShyftDog!. You shall not, and shall not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the ShyftDog! intellectual property or materials; (b) reverse engineer or attempt to extract the source code of our software, except as allowed by law; (c) use, display or manipulate any of ShyftDog!’s name, marks, or works for any purpose other than to provide nursing services; (d) apply to register, reference, use, copy, and/or clam ownership in ShyftDog!’s names, marks, or works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes; or (e) aggregate ShyftDog!’s data with any competitors.
9.1. Non-Compete. You will not directly negotiate full-time employment with any facility for which services were performed unless one year has passed since termination of those services. You shall notify ShyftDog! immediately if facility directly solicits full-time employment from you.
9.2. Choice of Law. In the event of any claim or cause of action against ShyftDog! by Professional the laws of the State of Missouri shall control, and Polk County, Missouri shall be the venue for any suit, litigation, or alternate dispute resolution brought pursuant to Professional’s connection to ShyftDog!.
9.3. Non-Assignment of Obligations. You acknowledge and agree that no rights or obligations of the agreement shall be assigned to any third-party.
9.4. Severability. In the event any term or provision of these Terms and Conditions is found to be in violation of the law or held invalid, it shall be severed from these Terms and Conditions, shall be deemed null and void, and shall not affect the validity of any other term or provision of these Terms and Conditions.
9.5. Entire Agreement. You acknowledge that these Terms and Conditions are the only agreement between you and ShyftDog!.
By clicking “Yes, I agree,” I expressly agree that I have read, understood, and considered the consequences of this Agreement, that I agree to be bound by the terms of this Agreement, and that I am legally competent to enter in this Agreement with ShyftDog!.Shyftdog! reserves the right to modify or update these Terms of Service at any time, with or without notice. Users are encouraged to review these terms periodically to stay informed of any changes. Continued use of the Platform after such modifications will constitute acceptance of the updated terms.