Our Terms and conditions
1. Welcome to YoungOnes
These Terms explain the basis on which you may access and use our Platform.
The Platform is made available to you by YoungOnes.works Ltd, a company registered in England and Wales with company number 13697682 and registered office at 1, Waterside, Station Rd, Harpenden AL5 4US.
By registering for an Account or otherwise accessing or using the Platform, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, you must not click ‘agree’ and you must stop using the Platform immediately.
Where you enter into these Terms on behalf of a company or other legal entity (whether incorporated or not), you warrant to us that you have the right to bind such company or entity to these Terms. Unless YoungOnes has been informed otherwise, YoungOnes is entitled to treat your acceptance of these Terms as your company’s acceptance of these Terms.
The Platform is only made available for use by persons who are acting in the course of a business. If you are a consumer, you are not eligible to use the Platform and you should not use the Platform. Any Freelancer using the Platform acknowledges and agrees that they are self-employed and not an employee or worker.
For convenience, in these Terms:
- “Acceptable Use Guidelines”: means the guidelines for acceptable use of the Platform contained in Section 27;
- “Account” has the meaning given in Section 6;
- “Account Details” has the meaning given in Section 6;
- “Cancellation Window” has the meaning given in Section 11;
- “Circumvention Compensation” has the meaning given in Section 16;
- “Client” means any legal entity or individual, using the Platform for strictly business purposes, that registers an Account as a ‘Client’ with a view to booking a Freelancer to complete a Gig;
- “Confirmed Hours” has the meaning given in Section 4;
- “Content”: means any comments, messages, information, materials, text, images, videos, photographs, comments, trademarks, corporate names or other materials posted or uploaded by a User to the Platform;
- “Deemed Employee” means a Freelancer whose engagement with Client falls within section 61M(1)(d) of ITEPA;
- “Early Payment” has the meaning given in Section 12;
- “Early Payment Commission” has the meaning given in Section 12;
- “Early Payment Services” has the meaning given in Section 12;
- “Fees” means all fees and amounts to be paid by Client under these Terms (which may include Freelancer Fees, Platform Fees, Late Cancellation Compensation and Circumvention Compensation, as applicable);
- “Freelancer” means any individual or legal entity, using the Platform for strictly business purposes, that registers an Account as a ‘Freelancer’ with a view to providing services and completing Gigs for Clients. Where any individual offering services to Clients via the Platform does so via any Intermediary Entity, then the term “Freelancer” shall refer to that individual and the relevant Intermediary Entity through which he/she contracts, unless the context otherwise requires. Where the Freelancer is a legal entity then the term Freelancer shall also include a reference to the individuals engaged by that legal entity in the provision of the relevant services at a Gig;
- “Freelancer Fees” means the remuneration due to a Freelancer for performing a Gig (calculated based on the Confirmed Hours performed at the agreed Hourly Rate);
- “Gig”: means the specific task or engagement a Freelancer will complete for a Client via the Platform (following a successful Match) over the course of one day (a maximum of 24 hours);
- “Gig Description” means a description of the services, responsibilities, required hours, proposed Hourly Rate, Cancellation Period and/or other requirements for a Gig that is posted to the Platform by a Client;
- “Hourly Rate” means the hourly rate, exclusive of tax, freely agreed between a Client and Freelancer for the completion of a Gig (and confirmed through a Match), which shall be used to calculate the Freelancer Fees payable to the Freelancer for the Gig;
- “IR35” means Chapter 10, Part 2 Income Tax (Earnings and Pensions) Act 2003 (as amended from time to time;
- “Insurance Fees” means the fee of £0.25 YoungOnes charges to Clients for the insurance of Collective Benefits for and during the Performance of the Gig;
- “Intermediary Entity” means a person which meets one of the conditions A to C as set out in sub-sections 61N(9), (10) or 61N(11) ITEPA;
- “Invoicing Authority”: means the authority granted to YoungOnes by the Freelancer, pursuant to the terms set out in Section 14, to issue invoices on its behalf for Gigs performed for Clients through the Platform.
- “Late Cancellation Compensation” has the meaning given in Section 11;
- “Match” means the process of a Client accepting a Freelancer’s offer to complete a Gig at the agreed Hourly Rate, based on the terms and information set out in the Gig Description;
- “No-Show” has the meaning given in Section 11;
- “Platform” means the YoungOnes marketplace platform accessed via our website at www.youngones.com, together with any other websites, software applications and technologies owned and made available by YoungOnes;
- “Platform Fees” means the fees YoungOnes charges to Clients for the use of the Platform and the benefit of our Services, calculated in accordance with Section 12;
- “Reaction” means a response issued by a Freelancer to a Gig Description on the Platform, offering to complete the relevant Gig at a proposed Hourly Rate;
- “Services” means the services YoungOnes provides as a marketplace platform to Users, as further detailed in Section 3 below;
- “Small Company” means a person which qualifies as “small” in accordance with Sections 60A to 60F ITEPA;
- “Terms” means these platforms terms and conditions;
- “Third Party Services” has the meaning given in Section 5;
- “UK Connection” has the meaning set out in Section 60I ITEPA;
- “User” means a person or entity with a registered Account on the Platform, either in capacity as Freelancer or Client;
- “you” or “your” refers to the person or entity entering into these Terms; and
- “YoungOnes”, “we” or “us” or “our” means YoungOnes.works Ltd, a company registered in England and Wales with company number 13697682 and registered office at 1, Waterside, Station Rd, Harpenden AL5 4US;
references to legislation are to that legislation as amended from time to time;
all references to the singular shall include the plural, and vice versa;
reference to a “person” includes a “legal entity” such as a company or partnership; and
“including” means “including without limitation”.
3. Our Services
The “Services” YoungOnes provides to Users include:
- allowing Users to create an Account and access the Platform;
- Providing the Platform on which the Freelancers and Clients can Match and engage;
- obtaining relevant documentation from Clients for the purpose of verifying their legal status and allowing them to post Gig Descriptions on the Platform, to connect with and engage Freelancers;
- obtaining relevant documentation from Freelancers for the purpose of verifying their legal status and allowing them to issue Reactions on the Platform, to connect with and provide services to Client;
- preparing and issuing invoices on behalf of Freelancers in relation to Gigs performed via the Platform, pursuant to the Invoicing Authority;
- providing Early Payment Services to Freelancers; and
- facilitating payments of Freelancer Fees to Freelancers.
4. How the Platform works
The Platform operates as an online marketplace which enables Freelancers (looking to find work) and Clients (looking to source freelancers) to Match as follows and under the following conditions:
- Once verified, Clients can post Gig Descriptions for fixed term Gigs to the Platform to be viewed and completed by Freelancers.
- The duration of each Gig is limited to a maximum of one day (up to 24 hours). If a Client wishes to engage a Freelancer to perform the same services over a number of days, the Client will need to post a separate Gig Description for each day of service required and Match with the Freelancer in respect of each separate Gig (relating to each day).
- Freelancers who wish to complete a Gig can submit a Reaction to the Gig Description, expressing an interest in the engagement and specifying the Hourly Rate at which they propose to complete the Gig (this may be the same Hourly Rate proposed by the Client in the Gig Description, or a counter-offer). A ‘Reaction’ constitutes an offer by the Freelancer to perform the Gig at a proposed Hourly Rate.
- Clients can choose to Match with any Freelancer that has submitted a Reaction to a Gig Description – based on the Freelancer’s user profile, proposed Hourly Rate, past Reviews, previous experience and suitability for the engagement. A Client’s decision to Match with a Freelancer constitutes acceptance of the Freelancer’s offer to perform the Gig at the proposed Hourly Rate, based on the terms set out in the Gig Description.
- When a ‘Match’ takes place, the Freelancer will be notified via the Platform and the Match will be subject to the terms contained in the Gig Description and as otherwise agreed through the Platform.
The Freelancer will complete the Gig in accordance with the terms agreed with the Client (subject to applicable cancellation rights of either party).
- Once the Gig has been completed by the Freelancer, the Freelancer will be required to enter the exact number of hours they provided services at the Gig via the Platform and this will be reviewed and confirmed by the Client (“Confirmed Hours”). The Confirmed Hours for each Gig will be logged within the Platform. If confirmation is not received within seven days, the Client tacitly agrees to the number of hours, which can then be approved by YoungOnes.
- YoungOnes shall issue invoices to the Client in the name and on behalf of the Freelancer for the Freelancer Fees (and any Late Cancellation Compensation where applicable) pursuant to the Invoicing Authority and otherwise in accordance with the process and timelines set out in these Terms, together with an invoice for the applicable Platform Fees and Insurance Fees due to YoungOnes from the Client.
- The Client shall pay all Fees due to YoungOnes in accordance with these Terms, and YoungOnes shall account to the Freelancer for the Freelancer Fees owed (and any Late Cancellation Compensation where applicable).
- Upon completion of a Gig, both the Client and Freelancer will be required to leave a Review for the other party, based on their overall performance as freelancer / client.
5. Our role as Platform provider
Whilst YoungOnes provides Freelancers and Clients with a marketplace environment within which to connect and enter into service arrangements via the Platform, our obligation to Users is limited to providing the technical resources as described in these Terms and putting Freelancers and Clients into contact.
Freelancers and Clients are independent parties that contract directly with each other with regards to a Gig to be performed via the Platform. As the provider of the Platform, YoungOnes is not a party to any contract for a Gig between a Freelancer and Client in any way whatsoever and YoungOnes does not enter into any contract for or on behalf of any Freelancer or Client.
YoungOnes does not provide, control, manage, offer or deliver any services or work to be performed by a Freelancer in relation to a Gig. Clients are fully responsible for selecting the appropriate Freelancer for each Gig based on the information made available on the Platform and as such YoungOnes cannot guarantee:
- the quality, suitability or legality of any Freelancer or any services provided by such Freelancer;
- the truth, accuracy or non-infringement of any information submitted to Clients by Freelancers via the Platform; or
the performance or conduct of any Freelancer or third parties, including whilst performing the Gig.
- YoungOnes shall not be responsible or liable for any unavailability or unsuitability of Freelancers, or for any acts or omissions of Freelancer before, during or after an engagement.
Clients and Freelancers are solely liable for any difficulties, claims and disputes which may arise during conclusion and/or performance of contracts for Gigs and, consequently, each User holds YoungOnes harmless from and against any liability regarding direct or indirect consequences resulting directly or indirectly from the establishment of relationships or conclusion and/or performance of such a contract between a Freelancer and a Client.
The Platform may contain links to third-party websites or resources (“Third Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. YoungOnes is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services.
6. Account Registration
In order to access the Platform and use our Services, a User must create an account by registering on the Platform (“Account”).
If you are registering an Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
The Platform is intended for use only by persons who are acting in the course of a business, and not by consumers. The User confirms that, on registering an Account:
- the User is registering on behalf of a business and not as a consumer;
- if registering as a Freelancer, such individual or legal entity is incorporated in the UK and has its principal address for invoicing within the UK; and
- the User is at least 18 years old and of legal age to contract and use the Platform in accordance with these Terms
When registering for an Account, you must provide accurate and complete information as requested in the registration form. When setting up your Account, you will be required to:
- provide your full name, email address and address;
- if you are registering on behalf of a business or legal entity (such as a company for Clients), provide the registered name and address of the company, country of registration, registered number, invoicing and bank account details, and applicable sales tax / VAT number; and
- If registering as a Freelancer, provide your date of birth, bank account number, National Insurance Number (NIN), Gender, Level of Education and Unique Taxpayer Reference (UTR) number; (“Account Details”).
Freelancers can complete up to a maximum of 5 Gigs via the Platform prior to uploading their UTR number to their Account, after which point YoungOnes reserves the right to block the Freelancer’s Account until such UTR number has been uploaded.
You are responsible for maintaining the confidentiality of the username and password and for all activities that take place in connection with the Platform using your Account, including use of the Account by a third party. You must not do anything that may assist anyone who is not registered to gain access to your Account. You agree immediately to notify us in writing of any actual or suspected unauthorised use of your password or account or any suspected breach of security.
You may not use another user’s Account at any time and attempting to do so shall be a material breach of these Terms which shall entitle us to terminate these Terms. You must not assign or otherwise transfer your Account to another party.
In the event that a User provides false, inaccurate, out-of-date or incomplete data (or fails to keep information provided up to date), YoungOnes shall be entitled (in addition to our other rights and remedies) to suspend or close your Account and refuse any future access to all or part of the Services.
After Freelancers complete the in-app onboarding, YoungOnes will send an email with a link to Veriff (British nationality) and Sterling (other nationalities) to verify their account. Both are third parties that collect the data YoungOnes does not provide personal data to these parties..
Veriff as well as Sterling check if the ID matches the Freelancer person and if the ID is valid. Further, Veriff and Sterling research of the Freelancer is permitted to work in the UK. Veriff and Sterling inform YoungOnes if the Freelancer has been verified and is permitted to work in the UK.If the Freelancer is successfully verified and is permitted to work in the UK, the YoungOnes Platform automatically verifies the Freelancer. YoungOnes can access the personal data of the Freelancer in order to inform the Freelancer on the status and outcome of the verification process.
After signing up for the Platform of YoungOnes, YoungOnes will contact potential Clients in order to get acquainted. After this, YoungOnes will perform a check to verify if the potential Client can become a Client. The following checks will be performed:
- Clients need an official business email address to sign up;
- YoungOnes has the company CreditDevice perform a credit check. Using the company name and country of establishment of the potential Client, CreditDevice will give YoungOnes information on the company’s credit status. Based on this, potential Clients will get a maximum amount of outstanding invoices.
8. Posting Gig Descriptions (specific to Clients)
Clients who wish to Match with Freelancers for the purpose of engaging a chosen Freelancer to complete a Gig can use the Platform to:
- collate contact details on Freelancers who you book for Gigs;
- submit/upload Gig Descriptions;
- obtain Reactions and contact details from prospective Freelancers who respond to Gig Description(s); and
- Match with and engage Freelancers who respond to Gig Description(s).
The Client is fully responsible for ensuring that any information contained in a Gig Description is accurate, clear and complete and, in particular, includes:
- the type of work Freelancer will be required to do;
- the date, location and required hours of the Gig to be delivered over one day (up to a maximum of 24 hours);
- the experience, training, qualifications and any authorisation which you consider necessary or which are required by law or any professional body for Freelancer to undertake the Gig;
- the proposed Hourly Rate for the Gig;
- any risks to health and safety and what steps you have taken to prevent or control those risks;
- the Cancellation Window applicable to the Gig once a Match takes place;
- whether the Freelancer will be required to work with, care for or attend one or more person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention, and includes any person under the age of eighteen (“Vulnerable Persons”) or engage in activity or otherwise be working in a position covered by the Safeguarding Vulnerable Groups Act 2006 or the Protecting Vulnerable Groups (Scotland) Act 2007; and
- all other information reasonably needed by Freelancer to evaluate their own suitability for the prospective engagement.
In addition, the Client agrees:
- not to submit a Gig Description or use a selection process in respect of a Gig Description that discriminates directly or indirectly against any Freelancer or class of Freelancer on the basis of age, disability, gender reGig, marriage and civil partnership, pregnancy and maternity, race, religion or belief or sex;
- to act in good faith and not to abuse the Gig process in any way, in particular to collate ideas and/or responses from a Freelancer who you do not intend to engage for the purpose of exploiting those ideas or responses;
- not to do or not do anything that may infringe any third party intellectual property or other rights (including those of Freelancer);
- not to use the Platform to market or promote your activities or that of a third party, in particular not to send advertising messages to Users or to solicit them;
- to reimburse us on demand for all costs, damages, claims and losses YoungOnes may suffer or incur as a result of or in connection with your breach of any of these requirements.
The Client warrants that it has all necessary consents and licences required to comply with these Terms and engage Freelancers for the Gigs it offers by way of the Gig Descriptions.
9. The replacement system
YoungOnes offers an exchange system as a service to support Contractors in finding a replacement if necessary. This does not mean that Contractors can only seek replacements through the YoungOnes exchange system. Contractors can look for a suitable replacement for a job through all possible channels if the Contractor turns out not to be available for a matched assignment. YoungOnes plays no part in finding replacements through the YoungOnes exchange system or through other channels. It is up to the Contractor to arrange replacement itself, without the involvement or support of YoungOnes. Using the YoungOnes exchange system is entirely at the expense and risk of the Contractor seeking replacement.
10. Amendments and withdrawing
Clients can amend a Gig Description at any time up to the point they receive Reactions to the Gig Description from one or more Freelancers via the Platform. If a Gig Description has received one or more Reactions, the Client will not be able to make any amendments to the Gig Description and will need to withdraw and re-post the Gig Description to update any relevant information.
Clients can withdraw Gig Descriptions from the Platform at any time (subject always to the Cancellation provisions in Section 11 below once a Match has been confirmed).
Freelancers can withdraw Reactions from the Platform at any time (subject always to the Cancellation provisions in Section 11 below once a Match has been confirmed).
11. Engaging Freelancers (specific to Clients)
If the Client engages a Freelancer for a Gig, the Client agrees that it shall be responsible for:
verifying and running any necessary background checks on prospective Freelancer (including DBS checks where required);
providing the Freelancer with any information they reasonably require to complete the Gig;
entering into written contractual terms directly with the Freelancer relating to the engagement of their services for the Gig, containing any terms agreed via the Platform and any other provisions the Client deems necessary and/or appropriate;
complying with applicable obligations under relevant health and safety legislation.
12. Cancellations and “No-Shows”
When posting a Gig Description, the Client will be required to set the “Cancellation Window” applicable to the relevant Gig. The Cancellation Window will determine the time period after the Match occurs (prior to the Gig taking place) within which either party may cancel the Gig via the Platform without penalty.
If, following expiration of the Cancellation Window, the Client cancels the Gig via the Platform (or otherwise does not permit the Freelancer to perform the work on the day of the Gig having not communicated a desire to cancel), the following shall apply:
- Where, following expiration of the Cancellation Window, the Client:
- cancels the Gig via the Platform, the Freelancer shall be entitled to a sum equal to 50% of the hours they were contracted to provide for the Gig at the agreed Hourly Rate;
- does not permit the Freelancer to perform the work on the day(s) of the Gig having not communicated a desire to cancel or ends the job before the agreed number of hours on the YoungOnes Platform has been worked the
- Freelancer shall be entitled to a sum equal to 100% of the hours they were contracted to provide for the Gig at the agreed Hourly Rate; (“Late Cancellation Compensation”);
- The Freelancer will enter the hours the Freelancers was supposed to work at the Gig for the Client via the Platform;
- Once the Late Cancellation Compensation has been approved by both parties, YoungOnes shall raise an invoice on behalf of the Freelancer for such Late Cancellation Compensation (pursuant to the Invoicing Authority) and the Client shall pay such Late Cancellation Compensation to us within 14 days of the invoice in accordance with the terms of Section 12 below.
If, following the expiry of the Cancellation Window, the Freelancer cancels the Gig via the Platform (or otherwise does not show-up to perform the work on the day of the Gig having not communicated a desire to cancel) (a “No-Show”), the Client shall notify us via the Platform and the No-Show shall be logged in the profile of the Freelancer going forwards.
13. Fees and payment
YoungOnes will be responsible for invoicing and collecting all remuneration due to Freelancers for Gigs performed through the Platform in accordance with the Invoicing Authority. The Client hereby agrees to pay to us the Freelancer Fees owed to Freelancers (including any Late Cancellation Compensation) in accordance with these Terms.
YoungOnes shall invoice the Client once per week (each Friday) for all Freelancer Fees due to Freelancers for services performed on Gigs, which the Client shall pay to us within 14 days of receipt of the relevant invoice.
Once YoungOnes has received payment of the Freelancer Fees in full from the Client, YoungOnes shall transmit such sums to the Freelancer.
For the avoidance of doubt, until such time as YoungOnes receives the relevant instalment of the Freelancer Fees from the Client in full cleared funds, YoungOnes shall be under no obligation to account to the Freelancer for such sums.
The Client hereby indemnifies and shall keep indemnified us for any and all losses, costs, damage or expense or penalties suffered by us as a result of its failure to comply with these Terms including without limit paying the Freelancer Fees or complying with IR35. Depending on the requirements of the Gig Description and whether the Freelancer is a Deemed Employee, these may include (as relevant) but will not be limited to:
- the Freelancer Fees as agreed in respect of the original Gig Description;
- any income tax, employees’ and employers’ NICs national insurance contributions or apprenticeship levy in respect of the Freelancer Fees and any associated interest and penalties imposed in connection with such tax; NICs and/or apprenticeship levy;
- any expenses as may have been agreed between you and Freelancer.
For the avoidance of doubt, where amounts are due to Freelancer which are additional to those agreed when the initial Gig Description was confirmed, YoungOnes may invoice you for such amounts you will be responsible for paying such additional amounts to us.
Early Payments (specific to Freelancers)
As set out above, YoungOnes is only under an obligation to remit Freelancer Fees to the Freelancer once these have been received in full cleared funds from the Client. Clients have 14 days to pay each invoice YoungOnes raises on the Freelancer’s behalf.
However if, as a Freelancer, you would like to receive payments earlier than this (within 3 working days after the hours of provided Service of the Freelancer have been approved by the Client, YoungOnes can provide this to you as a service in accordance with this Section and YoungOnes will charge you a commission of 2.9% of the total Freelancer Fees due under each invoice (which YoungOnes shall deduct from its payment to you) (“Early Payment Services”).
In respect of each Gig, you may choose to activate “Early Payment Services” via the Platform for payments due to the Freelancer. Where Early Payment Services apply to a Gig:
- YoungOnes shall advance all Freelancer Fees due to you within 3 working days after the hours have been approved by the Client, subject to deduction of commission YoungOnes is entitled to retain (described below) (“Early Payment”);
- in consideration of the Early Payment Services that YoungOnes performs, you shall owe to us a commission equal to 2.9% of the total Freelancer Fees due from the Client under each invoice, which YoungOnes shall be entitled to deduct from the Early Payments we remit to you (“Early Payment Commission”);
YoungOnes shall invoice and collect the full amount of the Freelancer Fees due from the Client and YoungOnes shall retain these sums in full. You acknowledge that our payment of each Early Payment to you shall satisfy in full our liability to account for sums due to you which relate to the services performed pertaining to the relevant weekly invoice.
Platform Fees (specific to Clients)
In consideration for the use of the Platform and our provision of the Services, YoungOnes shall charge the Client a platform fee of £3.00 (net of VAT) and an insurance fee of £0.25 (net of VAT) for each hour or service provided by the Freelancer on a Gig (“Platform Fees”) (“Insurance Fees”).
YoungOnes shall invoice the Client once per week (each Friday) for all Platform Fees due to us (which may be the same invoice containing the Freelancer Fees), which the Client shall pay to us within 14 days of receipt of the relevant invoice.
Other payment terms
All Fees payable by the Client under these Terms are calculated exclusive of any taxes (such as VAT), fees, duties or other charges, and the Client shall in addition pay an amount equal to any taxes (such as VAT), fees, duties or other charges chargeable on those sums on delivery of an appropriate tax invoice.
If the Client fails to make any payment by its due date for payment then, in addition to our other rights and remedies, interest shall accrue on the overdue sum in accordance with the UK Late Payment of Commercial Debts (Interest) Act 1998 (the “Late Payment Act”). If the Late Payment Act does not apply then interest shall accrue on the overdue sum from the due date until the date of payment (both before and after judgement) calculated and compounded daily, at a rate of 4% per annum above the Bank of England Base Rate from time to time (or 4% during any period that such base rate is below zero).
The Client shall not request cancellation of any sums paid electronically through the Platform, by way of its financial institution (or otherwise), during performance of any Gig.
All amounts due under or in relation to these Terms shall be paid in full without any deduction or withholding other than as required by law. Where any deduction or withholding is required by law, you shall pay to us such additional sum as may be required in order that the net amount actually received and retained by us (after such deduction or withholding has been made) shall be equal to the full amount of the Fees and Freelancer that would have been received and retained by us had no such deduction or withholding been required to be made. You shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any amount payable to us in whole or in part.
Provision of the Services to the Client is conditional upon receipt by us of all Fees due by the payment due date and, unless otherwise agreed in writing by the parties, YoungOnes will have no responsibility or liability to provide the Service until such payment has been received.
When a gig is matched insurance is automatically purchased by the client through a third party provider called Collective Benefits. This means in any case that the Contractor is at least insured for Liability and Accidents per Assignment by means of the Collective Benefits service. All information about the covers and exclusions can be found in the policy documents at:
15. IR35 – applicable to all Clients unless they class as a Small Company or do not have a UK Connection
In the event that the Freelancer personally performs or is under an obligation to personally perform their services via their Intermediary Entity, it is the Client’s sole responsibility to determine whether the Freelancer is a Deemed Employee under IR35; to produce a Status Determination Statement (“SDS”) confirming its determination and the reasons for it; to send the SDS to the Freelancer and to provide the Freelancer with a disagreement resolution procedure.
The Client warrants that it is the fee-payer under Section 61N ITEPA.
If the Client considers that the Freelancer is a Deemed Employee, the Client warrants that it is solely responsible for complying with the fee-payer’s obligations under IR35 and shall treat the Freelancer as its employee for all tax and national insurance contributions (“NICs”) purposes including, without limit, deducting PAYE income tax and employees’ NICs from any Freelancer Fees and paying (and bearing the costs of) employers’ NICs and any associated payments of apprenticeship levy on or in respect of the Freelancer Fees. In these circumstances, the Client will pay to us the Freelancer Fees on a net basis (after deduction of income tax and employees’ NICs ). For the avoidance of doubt if the Freelancer challenges the SDS, the Client warrants that it shall continue to treat the Freelancer as its employee for all tax and NICs purposes unless and until the Client withdraws the SDS and issues a new SDS confirming that the Freelancer is not a Deemed Employee.
If the Client considers that the Freelancer is not a Deemed Employee, the Client will not treat the Freelancer as its employee for tax and NICs purposes and shall pay to us the Freelancer Fees on a gross basis without any deduction of income tax and employees’ NICs.
It is the Client’s sole responsibility to keep its determination as to whether the Freelancer is a Deemed Employee under review. In any event, if the Gig Description details change prior to or during the Gig Description, or the Client becomes aware of any information which would make the SDS inaccurate, the Client must carry out another status determination to determine whether the Freelancer is a Deemed Employee and if its determination is different from its previous determination, withdraw the previous SDS and issue a new SDS with its new determination together with the reasons for its new determination. In addition, the Client must cancel the relevant Gig Description and submit a new Gig Description.
16. Invoicing Authority (specific to Freelancers)
The Freelancer acknowledges and agrees that, through the creation of an Account on the Platform, the Freelancer is deemed to have given its unconditional consent for entering into this Invoicing Authority with us whereby the Freelancer (acting as principal) exclusively grants us (acting as agent) the authority to: (i) draw up and issuing Freelancer’s invoices for the Gigs carried out via the Platform; and (ii) collect payment of said invoices from Clients, on the Freelancer’s behalf.
The Freelancer shall upload or send to us all information required for the preparation of invoices and otherwise to allow us to comply with our applicable legal obligations.
The Freelancer acknowledges that the updating of any information provided to us relating to its legal, accounting and tax situation is essential to performance of the Invoicing Authority and undertakes in this respect to immediately inform us of any change likely to impact its legal, accounting and tax situation (including changes to: registered office, corporate form, VAT status, etc.).
Provided that the Freelancer has provided us with all necessary and accurate information regarding the Freelancer and in respect of the relevant Gig to which the invoice relates, YoungOnes undertakes to comply with all applicable legislation on invoicing, and in particular to ensure that the appropriate accounting and tax information (including VAT) is mentioned on the invoices issued. Freelancers remain solely responsible for providing accurate information to us for such purposes and their accounting and tax obligations regarding the issuance of their own invoices.
YoungOnes remains liable for any VAT due when it is wrongly invoiced, provided that this does not result from a failure by a Freelancer to comply with its obligations under these Terms or under any other agreement with the Company or other accounting and tax obligations (in which case the Freelancer shall be solely liable).
YoungOnes will provide the Freelancer with a copy of all invoices issued under the Invoicing Authority.
The Invoicing Authority will immediately enter into effect as from acceptance (including deemed acceptance) of these Terms, and remain in effect until the Freelancer has terminated its Account on the Platform and all Gigs have been completed by the Freelancer, or YoungOnes otherwise terminates this Invoicing Authority or the Freelancer’s Account.
At the end of each Gig, Clients and Freelancers are both required to leave a rating for the performance of the other party as Client / Freelancer (as the case may be) (“Review”).
Reviews must reflect objective considerations and cannot, under any circumstances, include defamatory, offensive or insulting elements and are subject to the Acceptable Use Guidelines included within these Terms. YoungOnes reserves the right to remove any reviews or recommendations at any time in our sole discretion.
Users shall not seek to attempt to manipulate the reviews or recommendations system in any manner.
The User undertakes to make fair use of the Platform and Services, and in particular not to circumvent the Platform and its Services in any way. The User undertakes not to contract directly with a Freelancer or Client (as applicable) that is has Matched or otherwise connected with through the Platform in respect of any freelancer services to be performed outside of the Platform.
In the event that any Users connected via the Platform subsequently contract for any freelancer services outside the Platform in breach of this Section, YoungOnes will send the Client an invoice for a lump-sum amount of £2,000 as compensation (“Circumvention Compensation”), which the Client undertakes to pay immediately upon receipt. The Client acknowledges that the Circumvention Compensation is proportionate when considering our legitimate interest in delivery of the Platform and our Services.
Even if YoungOnes becomes entitled to the Compensation Sum under this Section, YoungOnes may exercise such other remedies as may be available to us, either under these Terms or otherwise at law or in equity, including the right to terminate the User’s Account.
19. Your use of the Platform
As a User of the Platform, you agree to comply with:
- all applicable laws in your local jurisdiction;
- our Acceptable Use Guidelines; and
- such lawful policies that YoungOnes communicates to you from time to time, including our Equality Policy.
You agree that you will not copy, decompile, modify, adapt or reverse engineer any part of the Platform, allow others to use or access the Platform, or use the Platform in any manner that may be unlawful or that breaches our Acceptable Use Guidelines.
All intellectual property rights (including copyright, rights in data, trade marks and any patents or patent applications) in and to the Platform and our services, and all associated goodwill, belong exclusively to us (or our respective licensors). You have no rights in or to the Platform other than the right to use the Platform in accordance with these Terms.
To the extent that the existence or use of the Platform or any related service may infringe any law of a territory other than England and Wales, you are prohibited from such activity and this provision shall override all other provisions of these Terms.
YoungOnes may monitor, edit or remove any Content made available by you or your use of the Platform that, in our opinion, breaches the letter or spirit of these Terms, or for any other lawful reason, at any time.
The User undertakes to make and complete all the necessary declarations and formalities as are required: (i) to undertake their activities and obligations in connection with the use of the Platform and the services to be provided by the Freelancer in relation to each Gig; (ii) to satisfy all legal, social, administrative and tax obligations and all specific obligations incumbent upon them, as may be relevant in accordance with the laws of England and Wales and/or any foreign legislation, in the context of the use of the Platform and the services to be provided by the Freelancer in relation to each Gig; and (iii) at our request, to immediately provide us with all supporting documents proving that they fulfil the conditions set forth in this paragraph.
20. Our right to update these Terms
From time to time YoungOnes may change, update or revise these Terms and the policies they refer to.
Any revised terms or policies will be made available to you via the Platform and a notification of any material changes will either be displayed prominently via the Platform or emailed to you. Where YoungOnes makes changes to these Terms in an adverse way to you (unless such change is to comply with applicable law or regulation), YoungOnes will provide you advanced notice of such changes before introducing them and give you an opportunity to terminate and delete your Account if you are not happy with the changes. Please take a moment to read any changes to these Terms. If you do not agree to the changes, you should not use the Platform and you should delete your Account in accordance with these Terms.
This version of our Terms is effective from March 29, 2023. Previous versions of our Terms can be made available by us on request.
YoungOnes aims to provide a platform and service that you enjoy using and YoungOnes tries to make sure that it is available and meets our users’ needs. However, YoungOnes is not able to guarantee that the Platform will always meet expected functionality, availability and/or other performance levels, especially as YoungOnes is reliant on third parties. In particular, there may be times when the Platform is unavailable due to maintenance or emergency works. YoungOnes is not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. Any guarantee, condition, representation or warranty which might otherwise be implied or incorporated into these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. While YoungOnes takes reasonable steps to ensure that the Platform does not contain or allow the introduction of any virus, malware, bugs or similar issues, YoungOnes cannot guarantee this, and you should take the necessary precautions before using the Platform.
Any views expressed using the Platform are the opinions of the relevant users, and do not represent our views, opinions, beliefs or values. YoungOnes is not responsible for the content of any Gig Descriptions. Where you have reason to believe that any such content is in breach of these Terms, infringes your rights (or third party rights), or is otherwise illegal, you agree to notify us. Where YoungOnes receives a notification, YoungOnes will take reasonable steps to investigate promptly.
Once you have posted content using the Platform, or submitted content to us for posting on the Platform and such content has been posted, it may be shared and reposted by users, including on other websites or social media channels. Given the nature of the internet and social media, if your content is posted elsewhere online, others may have shared, commented on, or re-posted your content. While YoungOnes may be able to remove content from the Platform, YoungOnes is not able to remove or control content from other websites or platforms.
From time to time, YoungOnes may make a ‘Chat’ functionality available for Users to interact with each other on the Platform. You must ensure that any Content you submit via the Chat functionality complies with all applicable law, and with the Acceptable Use Guidelines.
Whilst YoungOnes reserves the right to monitor and moderate Content within the Chat feeds, YoungOnes does not routinely review, monitor or moderate Chat feeds.
YoungOnes may retain data from Chats on our systems beyond the date of deletion or termination of your Account for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
23. Termination of your Account
Termination by us
YoungOnes may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Account, in accordance with these Terms, including where YoungOnes reasonably considers that:
- you have violated these Terms; or
- you have violated any of our policies (including our Acceptable Use Guidelines).
YoungOnes may also terminate or suspend your Account:
- if YoungOnes decides to no longer provide the Platform, for example due to technical, financial or legitimate business reasons; or
- for any reason on 30 days’ notice to you.
You also acknowledge that YoungOnes may cease to make the Platform available in any particular territory or region at any time without notice to you.
Termination by you
If you no longer want to use our Services, please stop accessing the Platform and please submit a request to delete your Account and terminate your agreement with us as follows:
- For Freelancers: submit a request to [email protected]
- For Clients: submit a request to [email protected]
YoungOnes may retain your Content and related data on our systems beyond the date of deletion of your Account for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
Except as expressly stated below, you agree to keep confidential any information you obtain as a result of or in connection with the Platform that is proprietary and confidential or which you might reasonably expect the discloser would regard as confidential and you agree not to use any of that information or permit others to use that information other than to determine whether or not to engage Freelancer.
The disclosure to the Client via the Platform of actual or potential Freelancer, and/or other information constitutes confidential information and must be strictly treated as such and not shared with any third parties.
The Freelancer undertakes to keep strictly confidential all exchanges with Clients as well as any information communicated to them or of which they become aware when contact is made via the Platform (which may or may not give rise to a Gig). In particular, without limiting the foregoing, Users undertake not to share with any third party, either privately or on social media, any exchange, information or extract from a conversation on the Platform chat service. Clients and Freelancers may sign additional Non Disclosure Agreements if agreed between them.
25. Our liability to you
To the fullest extent permitted by law, in no event shall YoungOnes be liable for any:
- loss of profits, loss of revenue, loss of opportunity;
- loss of, corruption of or damage to, information, data or systems (including Gig Descriptions), or
inability to access or use the Platform;
- completeness, accuracy or legality of information or materials made available by Freelancer; and/or
- any indirect, special or consequential loss or damage, in each case whether or not YoungOnes was aware of the possibility of such loss of damage, and however such loss or damage arises.
Our maximum aggregate liability to each User (when taken together in aggregate and not per claim) shall not exceed a maximum of £5,000 per year.
A User shall use best endeavours to mitigate any liability (including any loss or damage) that a User may suffer or incur, including that a User shall take any actions likely to be reasonably necessary to ensure the liability (including any loss or damage suffered or believed to be suffered) does not worsen.
Nothing in these Terms shall exclude or in any way limit our liability for death or personal injury caused by our negligence or fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
You choose to use the Platform voluntarily and at your sole risk. The Platform is provided “as is”, without warranty of any kind, either express or implied.
To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us and our affiliates, subsidiaries, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Platform, (iii) any allegations or claims relating to employment status and related rights; and/or (iv) your breach of any laws, regulations or third party rights.
These Terms apply to the exclusion of all other terms, including any terms proposed or made available by you or any previous iterations of these Terms made available by us (which these terms shall supersede and replace). These Terms are the entire agreement between the parties and neither party has relied on any prior representation by the other party (including misrepresentations whether innocently or negligently made).
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you cease to use the Platform or your access is terminated, all terms intended to survive shall continue to apply, including intellectual property, liability, privacy and confidentiality.
These Terms shall be governed by in accordance with the law of England and Wales and the English courts shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms.
29. Acceptable Use Guidelines
You must not use the Platform or otherwise engage in any behaviour during a Gig in any way that:
- is not in good faith;
- is defamatory of any other person;
- is obscene, offensive or immoral;
- promotes or facilitates any form discrimination whether based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise;
- infringes the copyright, database right, patent, or other right of any other person, including privacy rights;
makes content submitted via the Platform available outside of the Platform, except with our prior written consent;
- is (or is likely to) physically or emotionally harass, threaten, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt or overload our service in any way, for example by hacking or inserting malicious code into the Platform or uploading/downloading too much data;
- advocates, promotes or assists in any unlawful act such as copyright infringement or computer misuse;
- collects other users’ content or information using automated means;
- aggregates, scrapes or otherwise uses data made available via the Platform for means other than those intended by us;
- misrepresents your identity or affiliation with any person;
- distributes unsolicited or unauthorised advertising, promotional materials, spam or other forms of solicitation or advertisement other than as expressly permitted in these Terms; and/or
- facilitates or encourages any breach of these Terms.
Further, all Clients must:
- Not engage in any activity, practice or conduct which would constitute a tax evasion facilitation offence under section 45(1) or section 46(1) of the Criminal Finances Act 2017;
- Comply with any anti-facilitation of tax evasion requirements imposed by law;
- Have and shall maintain in place throughout the duration of their registration on the Platform such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees and subcontractors of the Client). The meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Act 2017; and
- To the extent permitted by law, promptly report to us any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Act 2017, in connection with a Gig or these Terms.