Terms & Conditions
- NO GUARANTEES: Client acknowledges that Stafi cannot guarantee the success of any candidate with Client. Success depends on Client’s business culture, communication abilities, efforts in training the Staffer, and various other factors. Stafi cannot guarantee success of this program, whereas finding a great Staffer through Stafi is similar to finding a great Staffer through any other means – sometimes it works out, sometimes it does not. Stafi will guarantee best efforts to ensure the success of Client and any Staffers Client hires through Stafi.
- Stafi’s OBLIGATIONS: Part of the benefit of becoming a Client of Stafi is avoiding the enormous risk of labor laws in the United States. Therefore, Stafi shall be obligated to ensure the following:
- That Stafi hires and pays Staffer(s) directly.
- That Stafi follows all applicable labor laws of the Staffer’s home country or any other applicable jurisdiction.
- CLIENT’S OBLIGATIONS: In addition to timely payment of the Monthly Fee, Client agrees to the following:
- That Client will treat Staffer with dignity and respect, just as Client would treat any state-side Staffer.
- That Client will never pay or send any direct benefit to Staffer, which could be evidence of a direct employer-employee relationship between Client and Staffer.
- That Client will not employ, or attempt to employ, hire or utilize as an independent contractor or have any relationship whatsoever with any Staffer or former Staffer of Stafi whatsoever. Any attempt to hire, directly or indirectly, any Staffer of Stafi, by or through any entity in which Client is involved, owns, consults for, or otherwise has any affiliation with whatsoever, shall constitute a material breach of this Agreement. The Parties agree that any material breach of this provision shall cause damages to Stafi which are impossible to calculate, and therefore Stafi shall be entitled to liquidated damages of $25,000.00 for each and every instance of such breach; and
- That Client will comply with the terms and conditions of this Agreement, as well as any reasonable policies set forth by the Stafi
- For purposes of the liquidated damages clause in client’s contract, “Staffer” is defined as any current or past person, whether legally defined as an employee or independent contractor, who has had any contractual relationship with Stafi whatsoever within the past 36 months.
- ENFORCEMENT OF THE SERVICE AGREEMENT:
- Chargebacks: Client agrees that it waives any right to chargebacks. Any dispute shall be handled per the terms of this Agreement.
- No Refunds: Because Stafi is obligated to pay Staffer(s) for any time worked and/or earned, no refunds shall be given to Client for any hours worked and/or earned by Staffer(s).
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Miami, Florida, without regard to principles of conflicts of law. The Parties agree to exclusive venue and jurisdiction in Miami, Florida. The parties also waive the right to a trial by jury. In any dispute by and between the Parties, the prevailing Party shall be entitled to be reimbursed its reasonable costs, fee and attorney’s fee from the non-prevailing Party
- LIABILITY FOR STAFFERS: In no event shall Stafi or its affiliated companies be liable for any compensatory, special, direct, incidental, indirect, or consequential damages, exemplary damages or any damages whatsoever resulting from loss of use, data, information, or profits arising out of or in connection with the use or performance of Staffers, whether or not such actions were intentional, negligent, or within the scope of Staffers’ employment with Stafi. Stafi provides no warranty or guarantee of work of the Staffers, and just like hiring United States employees, using offshore Staffers has risks. It is the responsibility of Client to ensure proper measures are used to protect Client’s business practices, the same as Client would with any other employee or contractor with access to sensitive or proprietary information.
However, Stafi shall be liable for any breaches of the Contractor Confidentiality and Proprietary Rights Agreement by Stafi Representatives, and will handle such breaches as if committed directly by Stafi.
- NON-DISCRIMINATION: Client agrees that client will not discriminate in its selection or utilization of Staffers on the basis of race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender (including pregnancy), gender identity and/or expression, sexual orientation, military or veteran status, genetic information, or any other characteristic protected under applicable laws.
- SEVERABILITY: This Agreement covers the entire terms between the Parties. Any nullification of any sections of this Agreement shall not otherwise have any effect on the remainder of the Agreement and its terms.
- JOINT-EMPLOYER LIABILITY: Client acknowledges that if Client violates any laws in utilizing Staffers, including wage and hour laws, overtime laws and/or discrimination laws, that Client may be held responsible under the law as a joint-employer. In any such instance, Client shall indemnify and hold Stafi harmless. These Terms and Conditions are designed to prevent violation of any labor laws.
- REVISIONS AND UPDATES TO THE TERMS & CONDITIONS: Regardless of the date the Agreement was signed, Stafi reserves the right to revise and update the Terms & Conditions at its discretion.
- WORK HOURS, NO OVERTIME: Staffers may only work 40 hours per week. Staffers may work up to 10 hours per day, but may not surpass the 40 hours worked mark in any Monday-Sunday time period.
- LUNCH, COFFEE AND REST BREAKS: Staffers are entitled to an unpaid, one-hour lunch break every day, unless otherwise agreed upon by You and your Staffer. Daily breaks in the work routine are important for a Staffer’s well-being and productivity. Staffers are entitled to, and are encouraged to take, two paid 15-minute coffee or rest breaks per day. Breaks may be taken at Staffer’s discretion mid-morning and mid-afternoon. Rest breaks and lunch may not be combined.
- EQUIPMENT: Staffers are required to provide and maintain, at their own cost and expense, their own standard equipment, including a computer and smartphone, that meets the necessary technical requirements to perform their duties as assigned and to access cloud-hosted platforms. Stafi does not provide or purchase standard equipment for Staffers.
Stafi can provide the Client with a list of the minimum technical requirements common for Staffer equipment to ensure adequate performance and compatibility with the Client’s systems. During the Strategy Session and prior to the assignment of a Staffer, the Client shall inform Stafi of any specific technical or system requirements related to their operations. Stafi will aim to match a Staffer whose equipment meets those requirements to ensure a smooth integration into the Client’s workflow.
If the Staffer’s existing equipment does not meet the Client’s specified technical or system requirements, the Client may choose to upgrade or supply additional equipment at their own cost and expense to their assigned Staffer. At the Client’s request, Stafi will coordinate the purchase or shipment of such upgraded or additional equipment to the Staffer, and any related expenses will be billed to the Client separately.
Stafi shall not be liable for any reason for the performance, maintenance, damage, loss, or replacement of any equipment owned or used by the Staffer, nor for any additional equipment provided, financed, or purchased by the Client.
TIME OFF, SICK DAYS AND HOLIDAYS: Staffers are entitled to five (5) days of paid sick leave per calendar year, which may be used for personal illness, to care for an ill family member, or for medical and dental appointments. In addition, Staffers will accrue ten (10) days of paid vacation per year.
Staffers shall follow the Client’s Holiday Policy; however, such policy must include no fewer than six (6) holidays per year, consistent with the U.S. holidays observed by Stafi: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day.
If the Client observes additional holidays beyond these six (6), the Client may grant those days off at their sole discretion. Any such additional holidays shall not entitle the Client to any refund, credit, or adjustment of fees for the days granted.
Should a Staffer wish to observe a holiday in their home country that differs from those observed by the Client, such time off must be requested in advance and, if approved by the Client, will be deducted from the Staffer’s accrued vacation days.
