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Terms of Service & Privacy
StaffDash’s Terms of Services & Privacy
These Terms of Use (the “Terms of Services”) are between you (or if you enter the Terms on behalf of a company or other legal entity, such legal entity) (“You”) and StaffDash Group LLC., a Texas corporation, StaffDash, and govern your access to and use of the StaffDash Service (defined below). Service, or give your consent to the Terms of Use and Privacy (“Effective Date”).
The terms and conditions require binding arbitration to result in disputes or claims resulting from the terms and conditions or your access to or use of the services. It includes the validity, applicability, or interpretation of the terms and conditions that will be received on an individual basis only and not in class, collective, consolidated or representative action or arbitration.
Section A-15 to carefully understand your rights and obligations regarding the resolution of any claim. Please check the TDS carefully. By accessing or using the service, you agree to be bound by TOS. It includes any updates or revisions that open within the service or otherwise notified to you. You agree to be bound by TOS, not accessing or using the service.
As further described in section A-2 of this document:
i. StaffDash does not provide, recommend, assist or guarantee any professional, provider, or medical services.
ii. You are solely transactional for your other transactions. You represent and warrant that you are at least eighteen (18) years old or of legal age, or the legal age in your jurisdiction, whichever is greater, and are the legal age to enter into a binding contract.
To access or use the Service following the laws of your country or state of residence or any other applicable jurisdiction you have to subscribe to the Terms of Use on behalf of a company or other legal entity you represent and warrant that you are authorized and legally competent. To link this entity to the TOS, in this case, the term “you” refers to this entity. If you do not have such authority or if you do not agree to the terms and conditions of the Terms of Use, you will not be able to access or use the Service. The Terms of Use consist of three sections, and each section’s applicability to you will depend on how you access or use the Service or your relationship with StaffDash.
1. All users: Applies to everyone who accesses or uses the Service.
2. Facilities: Applies to you to the extent that you access or use the Service as an Institution (defined below).
3. Professionals: Applies to you if you access or use the Service as a professional (defined among).
A. All Users
1. Definition
A. “Application” means any mobile application that StaffDash makes or utilizes and available to access or use the service.
B. “Content” means all texts, graphics, images, photos, audio or visual works, data, information or other content.
C. “Login Information” means all user accounts, passwords and other authentication information associated with your access to or use of the Service.
D. “Facility” means a legal entity and institution that provides medical services and accesses or uses the services to, among other things, publish them. It requests and receives offers from professionals to complete service requests and pay professional services fees.
E. “Intellectual Property” means all proprietary and intellectual property rights around the world, whether they exist by law or common law or in equity, in force now or in the future. Or recognized, including:
i. Copyrights, “moral rights”, masked works, trademarks, service marks, logos, trade dress, designs, patents, inventions, trade secrets, publicity and personal rights.
ii. All rights to any login and registration, including all renewals, upgrades and restorations, for any of the above. Including other users.
F. “Platform” means StaffDash’s proprietary online platform operated through its mobile applications Or/And website and associated domains of https://www.staffdash.com/ (the “Website”) (including all content, software, and other components that make up the foregoing).
G. “Professional” means a person who is a healthcare provider who accesses or uses the Service to, among other things, provide their professional services, complete service requests for facilities, and receive payments related to the provision of professional services.
H. “Service” means the Platform and access to and use of the Platform as provided by StaffDash.
K. “User” collectively means professionals and institutions.
L. “Your Content” means all content that you submit, upload, email, transmit or otherwise make available through the Service.
2. How the Service Works
a. The Platform
StaffDash provides access to and use of the Platform to connect professionals, who are independent providers of medical services and willing to provide such services on short notice (“Professional Services”), with entities that are independent third-party companies, the agencies hire professionals to provide professional services. After an institution has published a service request, a professional can view the publication and indicate the availability of the professional to provide the medical services requested by the institution for the service request. The facility can then review the responses from the professionals indicating availability and determine which professionals to hire based on the information that the professionals provide to the facilities about the service.
b. Service Inquiries
Each position for a service request is for a specialist. So in order to hire two professionals, an institution must submit two sites for service inquiries. Each point for a service request must contain the type and nature of the professional services required by the professional, including a description of the services, the start and end times of the services and the location where the services are to be provided.
c. Service Requests
Professionals can review the Service Inquiry publications and, through the Service, submit a proposal to the appropriate professional service facility to complete each Service Inquiry (each such offer, a “Service Inquiry”). Each service request must contain: certain information, including professional name, professional history, certification information, and any other information requested in the service request publication.
d. Professional Selection
The facilities can see any professional who has indicated that they wish to provide professional service to any service request, including the professional’s name, employment history, and other information provided through the service, at your own discretion, which specialist you would like to hire for a service request.
e. Full Service
Institutions can use the Service to review all service applications for their published service requests. The institutions have discretion as to which service applications they wish to accept for a service request, if any. Accepted and for which the professional has provided the applicable professional services to the full satisfaction of the facility, is hereinafter referred to as “completed service”.
f. One Platform Only
StaffDash provides just one platform for facilities and professionals to communicate and contract and exchange money in payment for professional services performed by professionals for facilities. A professional through the Service forms a direct and exclusive agreement between that facility and that Professional. StaffDash is not a party to such agreements and disclaims all liability arising out of or in connection with such agreements, except in relation to StaffDash’s obligations in connection with the processing in the payments below.
• Provides, offers, or solicits professional services (or related training, equipment or materials)
• Mediate or otherwise monitor interactions between users
• Control or otherwise monitor the nature, means, quality, time, legality, or failure in the provision of the Professional Services or any aspect of any comments or rating provided by users
• Have control over the integrity, responsibility, or any actions of a user.
g. Freelancer
Although Professionals must go through background checks and other verification processes as described in Section C in order to create an account, StaffDash makes no representations and disclaims all liability relating to:
i. the suitability, reliability, and timeliness of the Professional Services provided by professionals
ii. the credentials, background, suitability and reliability of each professional.
StaffDash cannot and will not confirm that every user is who they claim to be.
StaffDash expressly disclaims StaffDash and the facilities expressly release StaffDash from any liability for disputes, claims, games, injury and / or damages that affected from and / or in any way in equipment , any background verification performed by a professional and / or obtained on behalf of StaffDash. All disputes related to professional services must be resolved directly between professionals and institutions.
3. Registration
a. Account Creation
So as to access and use the Service, you need to register for an account. After you register for the Service, you must:
i. offer truthful, accurate, current, and complete info concerning yourself as requested on the Service’s registration type “Registration Information”
ii. maintain and promptly update the registration information to stay it truthful, accurate, current and complete. If you offer false, inaccurate, out of date or incomplete info, or if StaffDash seems suspicious, it might suspend or terminate your account.
b. Credentials
You can’t share your account or secret with anyone. You’re totally liable for all activities that occur below your account. You conform to apprise SaffDash now of any unauthorized use of your account or secret or variety. This would breach the security.
c. Dormant Accounts
If your account has been inactive for 6 months or additional, StaffDash will suspend or terminate your account rapidly and take away your content that aren’t liable.
4. Granting of Rights
a. Service
StaffDash herewith grants you a restricted, non-exclusive right that’s non-transferable and non-sub licensable for:
i. accessing to and using of the service solely via the net interface or the applications provided by StaffDash.
ii. printing an inexpensive range of pages of the Service.
b. Restricted Use
All rights granted to you consistent with the TOS might solely be exercised for your personal, non-commercial use, or internal business functions.
c. Changes
StaffDash forms modifications or enhancements to add or to remove options from the Service from time to time, as well as ever-changing the Platform through that the Service is obtainable.
5. Your Responsibilities
a. Limitations
You may not permit yourself or any other party to:
i. reproduce, distribute, modify, translate, adapt or create derivative works based on the Service, except with the limited right to a reasonable amount of to print pages of the Service as specified in Section A-4 (a).
ii. reverse engineering, decoding, decompiling, disassembling, or attempting to access or infer any source code or architectural framework of the Service.
iii. access or use the Service to benchmark or develop, marketing, selling or distributing products or services that compete with the Service or other products or services offered by StaffDash, or have substantially similar functions.
iv. rent, lease, loan, sell or sublicense the Service or provide access to or use of the Service as part of a service bureau or for any similar purpose of paying for services.
v. take any action that places an inappropriately or disproportionately large load on the Service or its infrastructure, or adversely affects the ability of others to access or use the Service.
vi. use spiders, trackers, robots, scrapers or other similar means to access
b. Protection
You are only responsible for protecting the confidentiality of your access data. You cannot transmit or disclose your access data to third parties. If you become aware of unauthorized use of the Service by using your access. Information, you will promptly notify StaffDash in writing of such unauthorized use and use reasonable efforts to prevent such unauthorized use.
c. Policies
In addition to the Terms of Use, access to and use of the Service must comply with all codes of ethics, acceptable use guidelines, privacy policies, end-user license agreements, and other policies or guidelines approved by StaffDash or its licensors or service providers were issued.
6. Content
a. Your Content
You, and not StaffDash, are solely responsible for:
i. your content and providing all necessary notifications obtaining all necessary consents (including all necessary rights and approvals from intellectual property owners) before submitting your content following the Terms of Use.
ii. ensure that submitting your content to the Service for use under the Terms of Use does not violate any applicable law or regulation or your obligations to any third party, including’s duty of confidentiality.
b. Use of Your Content
You hereby grant StaffDash an irrevocable, worldwide, royalty-free, and fully-paid license to transmit, reproduce and modify your work.
c. Third Party Content
You acknowledge and agree that the Service may provide access to, or depend on, third-party content. These third parties are responsible for precise and clear content.
7. Intellectual Property Right
a. StaffDash Ownership
You acknowledge and agree that:
i. you and StaffDash own all rights, title, and interests (including all intellectual property) in the Service, except for your content on the Service.
ii. the Service is a compilation protected by United States copyright law and other laws (including international laws) and treaties.
b. Your Property
StaffDash acknowledges and agrees that you both own all rights, title, and interests (including all intellectual property) in its content.
c. Feedbacks
If you choose to post to StaffDash any suggestions, comments, ideas, improvements, or other comments relating to the Service, StaffDash will approve and use this feedback in other ways without giving you credits or compensating to you.
d. Intellectual Property Notices
You may not remove, hide, or in any way modify any copyright or trademark notice or any other notice or disclaimer appearing within the Service.
e. Reservation of Rights
You and StaffDash reserve all rights not expressly granted under the TOS.
8. Term, Suspension, and Termination
a. Terms
The Terms of Service begins on the Effective Date and continues for as long as you use the Service unless terminated earlier in accordance with Section A-8 (b).
b. Termination
StaffDash reserves the right to terminate, block or suspend your access and use of the Service, with or without notice to you, if:
i. you fail to make payment after the expiry of the TOS;
ii. you breach of the Terms of Use. Any blocking or suspension will not affect any other rights or remedies available to StaffDash under the Terms and Conditions or applicable law.
c. Events Upon Termination
Upon termination of the Terms of Use for any reason:
i. all rights granted by parties under the Terms of Use shall be terminated immediately, subject to Section A-6 (b)
ii. will immediately cease all access to and use of the Service.
d. Survival
Any provision which, under its terms, is intended to survive the expiration or termination of the TOS will survive such expiration or termination, including Sections: A-2 (f) (one platform only); A-2 (g) (freelancer); A-5 (your responsibilities); A-6 (content); A-7 (Intellectual Property Rights); A-8 (c) (Post-Termination Events); A-8 (d) (survival); A-9 (representations and warranties); A-10 (compensation); A-11 (disclaimer); A-12 (limitation of liability); A-13 (External Links and Materials); A-15 (Arbitration and Fair Compensation); A-16 (Applicable Law); A-18 (other); B (facilities); and C (professionals).
9. Representations and Warranties
Each party declares and warrants to the other that:
a. party has the necessary power and authority to sign the Terms and Conditions.
b. the execution of the TOS has been approved through all necessary corporate or institutional action.
c. the registration and execution of the TOS are not in conflict with any provision of Law or the deed, articles of association, or comparable organizational documents of any such party.
d. no action by any government agency is required for the Terms of Use to be valid and binding on that party.
e. holds all government licenses and permits necessary to perform its obligations under the TOS.
10. Indemnification
StaffDash assumes no liability. You will hold harmless, defend and hold StaffDash harmless from any loss, damage, cost, liability, and expense (including reasonable attorney’s fees) arising out of any action or claim arising out of:
i. its content
ii. your breach of any other party’s terms of use, statute or regulation, or right (including intellectual property)
iii. your access to or use of the Service
iv. your misclassification as an independent contractor. StaffDash reserves the right to have the exclusive defense and control of all matters that are indemnified from you under Section A10. If so, you will fully cooperate with StaffDash in defending or resolving this matter.
11. Disclaimer of Warranties
a. Service Provided
Use of the service is at your own risk. All products and services provided per the TOS are provided “as is,” “as available,” and “with all faults”. StaffDash, to the extent permitted by law, expressly disclaims all warranties and representations (except as outlined in section a-9, expressly or implied, including the following and all of the warranties, provided by:
i. currency or completeness of the products and services provided under the TDS or that – the use of such products and services must be error-free, uninterrupted, free of other
b. Interactions with Other Users
You are solely responsible for your interactions and transactions with other users. You agree to search only such other users for any claims, damages, or liabilities relating to any communication or transaction through the Service. You disclaim and release StaffDash expressly releases all claims, damages, and liability arising from any action or omission of third parties by users or third-parties, including damages, in connection with personal damages. Resources relating to you are between you and the applicable user or other third parties. StaffDash reserves the right, however, is not obligation to observe disputes between users.
12. Limitations of Liability
a. General
In no event will StaffDash be liable to you for incidental, indirect, special, penalty or consequential damages or losses or cover costs, including damages included in financial statements, or financial statements. Due to or result of any use or inability to use the service, such as malfunctions, defects or failures of the service or its provisions over the internet or inaccuracies, incomplete or other defects in any other service possible has and independently whether this damage was foreign able. The largest of:
i. the number of net profit fees received from you under TOS for six (6) months immediately before the date of liability.
ii. or $ 500.
b. Quality of Professional Services
The quality of professional services referred to by the – use of the services- is the entire responsibility of the professional services providing these professional services. They are possibly harmful, uncertain, or otherwise objective, and that – your use of the professional services and these professional services is at your own risk.
13. Links and External Material
StaffDash or users can provide links to other websites or resources. You acknowledge and agree that StaffDash does not endorse or is responsible for any content, advertising, products, services, or other materials on such websites or resources (“External Materials”). These other websites and resources are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. StaffDash will not be responsible for any damage or loss caused by or resulting from your use of or reliance on external material.
14. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through the Service in a manner that constitutes copyright infringement, please provide the StaffDash agent with the following information for notification of copyright claims:
a. a physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that has allegedly been infringed.
b. multiple copyrighted works are covered by a single report, a representative list of those works.
c. a description of the material that you claim infringes copyright laws and where that material can be accessed on the Service.
d. your address, phone number, and email address.
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. a statement by you that the information in the notification is correct and that you are authorized, under threat of perjury, to act on behalf of the holder of an allegedly infringed exclusive right as follows:
Agent for Notice of Copyright Claims
Company/Individual:
Address:
Phone:
Email:
15. Arbitration and Equitable Relief
a. Disputes
Except as provided in Section A15 (g), you and StaffDash agree that all disputes, controversies, and “claims” between you under this Agreement, will be resolved through binding arbitration in the English language under the rules then in force in the American Arbitration Association, whether or not such disputes or controversies were created before or after the date you entered these terms and conditions. The scope of this provision applies to all claims against StaffDash, its successors in title or assigns, or any current or former officers, directors, directors, or shareholders. , Owners, employees, or agents of them. Any questions regarding the scope, applicability, validity, interpretation, or application of the parties’ arbitration agreement, including any claim or inadmissibility, will also be resolved through binding arbitration. The decision of the arbitrator before a competent court.
b. Individual Basis
You and StaffDash agree that arbitration disputes will only be resolved on an individual basis and not on a collective, consolidated, representative, or collective basis. The arbitrator has no authority to investigate or resolve any claim or to grant any compensation on any basis other than an individual and has no right or authority to classify any dispute as a class, class, agent suit, any other consolidated or multiparty suit, or any other lawsuit on behalf of or in connection with anyone other than you (“Class Action Waiver”). If at any time this class action waiver is found to be unenforceable, the parties agree that this provision will not be severable unless it is determined that arbitration can still be conducted on an individual basis.
c. Request for Arbitration
All claims in arbitration are subject to the same statute of limitations as in court. The party making the claim must submit a written request for arbitration within the applicable statute of limitations. The parties explain the legal and factual basis of the claim and describe the legal remedy sought. Service of arbitration concerning StaffDash will be provided to info@staffdash.com and any other person appointed by StaffDash, and service of arbitration to you will be sent to your address listed in the registration information. The arbitrator will resolve any dispute regarding the timeliness or adequacy of the request for arbitration.
d. Referee Selection
You and StaffDash will select a neutral referee by mutual agreement. If we cannot agree on an arbitrator within 30 days of the written request for arbitration, the arbitrator will be selected per the procedures contained in the AAA’s current Commercial Arbitration Rules and Mediation Procedures (the “Arbitrator”). For professionals, unless the parties agree otherwise, the arbitrator must be a lawyer experienced in labor law and admitted to practice in the state in which the arbitration is convened, or a judge will retire.
e. Place of Arbitration
The place of arbitration must not be more than 45 miles from where you last used the Platform before the claim arose unless each party to the arbitration agrees in writing to the contrary.
f. Cost
In the event of a disagreement between the parties, all such disagreements shall be resolved by arbitration. Notice of the demand for arbitration shall be given to the other party, and the applicable area office of the American Arbitration Association. The Commercial Rules of Arbitration of the American Arbitration Association shall apply. The arbitrator selected by the American Arbitration Association shall have full power to hear, enter discovery orders, and determine all matters submitted for consideration. The arbitrator shall make an award, and the
award made shall be immediately performed by the parties, each discharging whatever obligation the award may create. The arbitrator’s fees and all costs and attorney’s fees incurred by the parties in such arbitration shall be assessed against the non-prevailing party by the arbitrator. In the event any dispute arises between us under the terms of this proposal, such dispute will be resolved by binding arbitration held in Harris County, Texas by a mediator selected from a panel proposed by the American Arbitration Association and the hearing will be conducted in accordance with the Rules of the American Arbitration Association and each of us will be responsible to share the cost of such arbitration proceedings on a 50/50 basis.
a) Neither party shall institute any proceeding hereunder unless at least thirty (30) days prior thereto such party shall have furnished to the other party written notice by certified mail of its intent to do so.
b) Neither party shall be hereby excluded from seeking provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders andpreliminary injunctions, to protect it
g. Exceptions to Arbitration Rule
1. The parties may apply to any court in Texas jurisdiction for an injunction, injunction, or other preventive or interim measures without violating this arbitration agreement and diminishing the arbitrator’s powers to the extent the remainder thereof Dispute is subject to arbitration.
2. This arbitration provision does not apply to claims that are not the subject of disputed arbitration agreements.
h. Acknowledgments
You have read and understand section 15, which resolves arbitration. You acknowledge that by accepting the terms of use, you agree to submit any claims out of or in connection with:
(a) these terms of use or the existence, non-compliance, disclaimer, disclaimer.
(b) your access or use of the service at any time, either before or after the date on which you accept these binding arbitration agreement, except as provided in section a-15 (g) and that this disclaimer – the disclaimer constitutes a waiving of your right to our law and relating to the resolution of all disputes relating to all aspects of the relationship between the parties. Agents or collective action against StaffDash.
i. Substantive Law in Arbitration Proceedings
The arbitrator applies the law of the state in which you last used the platform to request or provide professional services. For clarification, questions regarding the scope, applicability, or other aspects of this Section 15 are subject to the provisions of Section 17 below.
j. Changes
StaffDash may change, revise, or terminate the terms of this Section 15 by notifying you at least 30 days before the change, revision, or termination of any claim for which an arbitration request has been submitted or submitted before the Effective Date of the change, revision, or termination became.
k. Arbitration/Jury Waiver
Without limiting the parties’ agreement to arbitrate in any way, you and StaffDash agrees to waive arbitration in any dispute, controversy, or claim between them that is not subject to arbitration or is required to be arbitrated.
16. Governing Law
TOS will be construed per the laws of the state of Texas regardless of conflict of law principles and disputes arising out of or relating to the TOS which for any reason are not subject to arbitration or required to be brought before the state and federal courts in Harris County, Texas and your consent. The jurisdiction of the federal and state courts in Harris County, Texas provided, however, that the foregoing does not in any way limit or shift the scope of the parties’ agreement to arbitrate in Section 15. You further acknowledge and agree that many of the witnesses and records that would be relevant to any dispute between the parties are located in Houston, Texas would not be an inconvenient forum for the settlement of disputes between the parties. I hereby waive any objection to Houston, Texas as the forum and venue for dispute hearings between you and StaffDash that you are not bound to any arbitration for any reason including, but not limited to, objections for convenience. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to TOS.
17. Miscellaneous
a. Independent Contractors
The relationship established by the TOS between StaffDash and you consist solely of independent contractors. Implied or expressly on behalf of the other party without the express prior written consent of that other party.
b. Notice
All notices, requests, and other communications (“Notices”) served or delivered under or under the terms of the Terms and Conditions will be in writing and will be sent to the parties per the contact information set out below, or other contact information, which one party notifies the other under this section A18 (b):
StaffDash Group LLC (DBA: StaffDash)
Address: 21128 Spring Towne Dr., Spring, Texas 77388
Phone: +1(512)909-6776
Email: info@staffdash.com
For you
Your Full Legal Name, address, fax number, or email address, as specified in the registration information.
c. Publicity
StaffDash may identify you as a StaffDash customer within StaffDash websites or press releases, brochures, or other marketing materials distributed by StaffDash.
d. Assignment
You may not assign the TOS, sublicense, delegate rights or obligations under the TOS through law enforcement or otherwise without the prior written consent of StaffDash in favor of the parties and their respective successors in title and permitted assignees.
e. Interpretation
For TOS:
i. the words “such as” “include” “includes” and “including” are followed by the words “without limitation”.
ii. the word “or” is not exclusive.
iii. the words “here” “here” “hereby” “here” and “below” refer to the terms of use as a whole. The Terms of Use will be construed without regard to presumptions or rules that require interpretation or interpretation against the party drafting a deed or causing a deed to be drawn up.
f. Entire Agreement
The TOS contains the entire agreement of the parties about subject matters and replaces all previous or simultaneous oral or written negotiations or agreements about this subject.
g. Amendment
You may only amend these Terms and Conditions in writing by an authorized representative of each party.
h. Severability
If any provision of the TOS is deemed invalid or unenforceable under applicable law, that provision will be construed, restricted, modified or, if necessary, severed to remove its invalidity or unenforceability. Without affecting the remaining parts of the TOS in any way.
i. No Waiver
The fact that neither party requires the other party to strictly comply with any provision of this Agreement does not affect the full right to request such compliance at a later date, nor does either party waive any breach any provision herein is deemed to be a waiver of the provision itself.
Any waiver of the provisions of the TOS, or any breach or failure to do so, must be recorded in a written document signed by the party against whom such waiver applies.
j. Force Majeure
Neither party is liable for a violation of the Terms and Conditions to the extent of due to force majeure, fire, disaster, flood, war, strike, lockout, failure of public services, acts or omissions of service providers, party technology, court order or any act, exercise, declaration, or a request from a government agency, epidemic, destruction of manufacturing facilities, insurrection or other cause beyond the reasonable control of the party relying on this provision.
B. Facilities
1. Fees and Taxes
a. Fees
When completing a service request, the institution that published this service pays the professional who provided this service the fee specified in the publication of this service request. All fees are paid in US dollars unless otherwise stated herein or in the Service. The Professional Services rate is an hourly rate determined at the discretion of the facility at the time a service request is posted.
b. Taxes
All amounts payable under the TOS are exclusive of VAT, sales, utility, consumption, and other similar taxes collectively. You are solely responsible for paying any applicable taxes. If StaffDash is required by law to collect tax, you will promptly refund StaffDash at the time of invoicing. If you are legally required to withhold tax from your payments to StaffDash, provide StaffDash with an official tax receipt or other appropriate documentation. Support such payments and take reasonable steps to minimize them.
c. Payment Method
When you create an account, you must provide valid credit card or account information for the automated clearing house. By providing your payment information, you hereby authorize StaffDash and your third-party payment processor to immediately collect all fees and payments due from StaffDash and any Professional in connection with your account and to agree to the payment processing terms set up by that third-party payment processor. You further agree that no additional notice or consent is required. StaffDash has no control over any fees that your bank charges in connection with the collection of fees for professional services and hereby disclaims all liability. In addition, you must immediately notify StaffDash of any changes to your payment information, including your billing address, which will be used for payment below.
d. Refunds
StaffDash is under no obligation to provide any refunds or credits but may at its sole discretion. If you believe StaffDash made a mistake processing your payments, please contact us using the contact information listed in Section A17 (b).
e. No Circumvention
You acknowledge that one of the advantages of the platform is to have access to a wide network of professionals, and otherwise you would not have access to those professionals. Therefore, it is a violation of the Terms of Use to intentionally prevent the payment of fees to StaffDash by directly contracting with professionals outside the platform. You must notify StaffDash immediately if another user requests payment via channels other than those provided or specified by StaffDash take place. The above does not prohibit anything in the terms and conditions from entering into an employment relationship directly with professionals. If such situations happen, you will be liable to all damages estimated by StaffDash which will not be less than $2,000 (U.S. Dollars)
C. Professionals
1. Discretion and Relationship
a. Discretion to Use the Service
You retain complete discretion as to when and not to use the service. There are no set hours or days during which you need to use the service and you can choose not to use it to the full. Service requests are posted through the service by the facilities, not StaffDash, and you retain complete and complete discretion as to which service requests you submit and which you do not. Request or any minimum number of service requests that you must submit.
b. Discretion in the Provision of Services
StaffDash cannot direct or control your interactions with the Facilities, your provision of professional services to the Facilities, or your acts or omissions (for example, nothing in this document requires you to be a StaffDash ambassador with providing professional services). The service makes the service requests easily visible to you, and you retain complete discretion about when you use the service, whether you respond to service requests, and provide your professional services to the facilities. You and StaffDash acknowledge and agree that they will retain complete discretion in the provision of any other service or any other business activity, including the use of software similar to the service provided by any competitor to StaffDash. You and StaffDash further acknowledge and agree that they may offer services to users without using the service and therefore outside the scope of this agreement.
c. Unsecured Service Requests
StaffDash cannot guarantee that facilities will post service requests, that any facility will hire you to provide professional services, or that the facility will not cancel a service request.
d. Qualifications
You represent that you are properly licensed (if applicable) and have the experience, qualifications, and the ability to complete any application that you accept.
e. No Authorization
You acknowledge and agree that you are not the agent of StaffDash and you are not authorized to make any representations, contracts, or obligations on behalf of StaffDash.
f. No Refunds
StaffDash cannot reimburse you for any costs you incur in providing your Professional Facilities Services.
g. No Employment
You acknowledge and agree that you and StaffDash do not have any employment, part-time, consultancy, contractor, partnership, or joint venture relationship whatsoever. StaffDash is not an employment agency and does not secure employment. You acknowledge and agree that you are not entitled to any of the benefits StaffDash makes available to your employees and you hereby choose not to participate (either prospectively or retrospectively) in a group, profit sharing, or retirement benefits (and you hereby waive any right to any such benefit).
h. Text Messaging and Phone Call Consent
You agree to receive text messages and phone calls from StaffDash at the phone number provided in your registration information to provide service request information. Incurred in receiving text messages, including the provider’s fees for receiving such text messages.
2. Registration Information
a. Maintaining Accuracy
You represent and warrant that:
i. any health-related license numbers (e.g., Registered Nursing License Number) that you provide to StaffDash in your registration information or that are otherwise valid and current.
ii. These license (s) will remain in full effect as long as you submit service requests for service requests that require such license (s).
iii. You will notify StaffDash and all entities that you have agreed to provide future professional services to you if:
– become prohibited from working in any jurisdiction.
– lose all of its licenses.
– are threatened disciplinary action.
– make changes to your registration information.
b. Verification
StaffDash may independently review your registration information and any other statements you make about the Service to ensure that such statements are accurate and complete “Review”, but are under no obligation to do so. StaffDash resolves to review such representations, statements, or information in connection with your health. Registration and/or license maintenance, background checks, and/or reviews with public records available for review purposes at the request of StaffDash to facilitate these processes. For information on how StaffDash uses your personal data in connection with these reviews, please refer to StaffDash’s privacy policy, available at: https://staffdash.com/privacy-policy/
c. Professional Background Information
Your ability to provide professional services depends on passing a background check conducted by a third party contracted by the Service to perform background checks and include identity verification, sex offender registration verification, and a global watch list, file review, National Criminal Background Review, and County Criminal Background Review. The contractor will provide you with additional information on this background check, including the relevant notification and power of attorney forms. Additional background checks may be required from time to time in order to continue to be eligible to provide professional services.
3. Professional Payment Methods
a. Payment of Fees
For every Completed Service which you perform, you may acquire from the Facility, via way of means of manner of the Service, the relevant Professional Services Fees, much less a carrier rate exacts inside the Service for getting right of entry to and use of the Service and processing of price “Service Fee”. You will input your contemporary financial institution account statistics inside your Account, and you settle that StaffDash’s third-celebration price processors and StaffDash can also additionally switch to such financial institution account the Professional Services Fees, much less the relevant Service Fee (“Net Fees”), you’re owed, if any, with recognize to every Completed Service which you perform. Net Fees owed to you’ll be deposited to your financial institution account inside an affordable time of a Service Request for that you furnished Professional Services being marked as a Completed Service at the Service. You, and now no longer StaffDash, are entirely liable for the accuracy of your financial institution account statistics, such as your financial institution account variety, account number and routing statistics. StaffDash hereby disclaims all legal responsibility associated with mistakes in fund deposits because of misguided or incomplete financial institution account statistics. If StaffDash is not able to accumulate any prices which can be owed to you, StaffDash will let you know in writing. However, StaffDash has no duty to impose series tactics on centers and does now no longer assure price from centers.
b. Taxes
You are entirely liable for all tax returns and bills required to be filed with or made to any federal, state, or nearby tax authority with recognition on your overall performance of Professional Services and receipt of Net Fees or some other prices in reference to Professional Services. You are completely chargeable for complying with all relevant federal, state, and nearby legal guidelines, such as legal guidelines governing self-hired individuals, if relevant, inclusive of legal guidelines associated with the price of taxes, social security, incapacity, and different contributions primarily based totally on prices paid to you via way of means of Facilities in reference to a Completed Service or in any other case obtained via way of means of you through the Service. StaffDash will now no longer withhold or make bills for taxes, social security, unemployment coverage, or incapacity coverage contributions, or achieve workers’ reimbursement coverage for your behalf. You hereby conform to indemnify and guard StaffDash towards any and all such taxes or contributions, such as consequences and interest. StaffDash can’t and does now no longer provide tax recommendations to users.
Mobile Opt-in:
By providing your cell phone number and clicking ‘SEND’, you hereby consent to abide by StaffDash’s Terms of Use & Privacy Policy, and you authorize the receipt of recurring automated notifications regarding new assignments or future communications with clients via text messages from StaffDash, sent to the cell phone number provided. Your consent is voluntary and does not serve as a prerequisite for engagement with StaffDash. To discontinue receiving text messages, please text STOP to 2819620800. Standard message and data rates may apply. Please note that all data collected is subject to our Privacy Policy.
Mobile Terms of Use:
These Mobile Terms of Use (“Terms”) govern your use of the StaffDash mobile application (“App”) provided by StaffDash, located at 21128 Spring Towne Drive, Spring, Texas 77388 (“StaffDash,” “we,” “us,” or “our”).
By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Use of the App
1.1. License: Subject to these Terms, StaffDash grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal or internal business purposes.
1.2. Restrictions: You agree not to:
a. Use the App for any illegal or unauthorized purpose;
b. Modify, adapt, translate, or create derivative works of the App;
c. Reverse engineer, decompile, or disassemble the App;
d. Attempt to gain unauthorized access to any portion of the App;
e. Use the App in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App;
f. Use the App to violate the security of any computer network, crack passwords, or security encryption codes; or
g. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the App.
1.3. Updates: StaffDash may provide updates to the App from time to time, which may be automatically downloaded and installed to your device. You agree to receive these updates as part of your use of the App.
2. Privacy
2.1. Privacy Policy: Your use of the App is subject to our Privacy Policy, which can be found at https://staffdash.com/privacy-policy/. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
3. Intellectual Property
3.1. Ownership: The App and all intellectual property rights therein are and shall remain the property of StaffDash. These Terms grant you no right, title, or interest in the App or any content contained therein.
4. Disclaimer of Warranties
4.1. As Is: THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STAFFDASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. Limitation of Liability
5.1. No Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAFFDASH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE APP.
6. Governing Law
6.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
7. Changes to Terms
7.1. Modification: StaffDash reserves the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the “Effective Date” at the beginning of these Terms. Your continued use of the App after the effective date of any such changes constitutes your acceptance of the revised Terms.
8. Contact Us
8.1. Questions: If you have any questions about these Terms, please contact us at info@staffdash.com (address: 21128 Spring Towne Drive, Spring, Texas 77388)
By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.