Finallcall Ltd.
Last-minute restaurant staffing platform
Terms & Conditions – Partner
Version 1.0 — Last updated 8 August 2025
These Terms & Conditions (the "Agreement") set out the basis on which Finallcall Ltd. ("Finallcall", "we", "us") provides temporary staffing services to the subscribing restaurant, hospitality venue, or other business entity ("Partner", "you"). By submitting a staffing request through the Finallcall platform you accept, and agree to be bound by, the version of this Agreement in force on the date of the request.
Please note that these Terms & Conditions are currently in a beta version and may be updated or modified over time. We reserve the right to amend these terms to reflect changes in the law, regulatory requirements, or to improve our services based on user feedback. By continuing to use the Platform, you acknowledge that these Terms & Conditions may change without prior notice. However, we will always prioritise your feedback and satisfaction in any updates we make.
1. Definitions
- Request: A staffing order submitted via the platform specifying date, time, role, dress code and other requirements.
- Shift: The continuous period actually worked by a Finaller to fulfil a Request.
- Finaller: An individual engaged via the platform to perform a Shift. Finallers are classified as workers (not employees) under UK employment law.
- Partner: The hirer placing Requests through the platform.
- Contact Person: The on‑site manager named in the Request (may vary per Request).
- Gross Wage: Hourly wage before deductions and before application of Statutory Costs or Service Fee.
- Net Wage: Gross Wage less PAYE income tax and Employee NIC, paid to the Finaller.
- Statutory Costs: Employer NIC 15%, Employer Pension 3%, statutory holiday pay 12.07% (total 30.07% of Gross Wage) or such rates as required by law.
- Service Fee: Finallcall administration & platform charge – 15% of Gross Wage unless varied under clause 7.3.
- Challenge Period: The 24‑hour window after Shift end during which either party may raise a Claim.
- Claim: A notification concerning overtime, hours, conduct, or any other issue relating to a Shift.
- Overtime: Time worked beyond the scheduled Shift which is authorised by the Partner or evidenced by both parties.
- Platform: The Finallcall website and backend systems.
- Force Majeure Event: Circumstance beyond a party's reasonable control (e.g., fire, flood, pandemic, strike, power failure, war, terrorism).
2. Agreement & Applicability
- Each Request constitutes a separate contract governed by this Agreement.
- This Agreement supersedes all previous terms between the parties relating to the same subject matter.
- Finallcall may amend this Agreement at any time; the updated version will be published on the Platform and will apply to any Request placed after publication.
- The Partner may not assign or transfer this Agreement without Finallcall's prior written consent (not to be unreasonably withheld).
- Nothing herein creates a partnership, joint venture or agency between the parties.
- Rights and remedies under this Agreement are cumulative and in addition to those available at law.
- This Agreement shall be governed by and construed in accordance with English law. The courts of England & Wales have exclusive jurisdiction over any dispute.
3. Booking Procedure
3.1 Request Submission — Requests must be submitted via the Platform using the prescribed form and must include all mandatory fields. Requests may be submitted 24/7, subject to clause 3.3.
3.2 Acceptance & Tracking — A Request is deemed accepted once displayed with status Listed. The Partner will receive a tracking link showing live status updates (Listed → Upcoming → Payout/Cancelled/Disputed/Refund).
3.3 Right of Refusal — Finallcall may decline or cancel a Request that is incomplete, outside our service scope, or where no suitable Finaller is available.
4. Payment & Refunds
4.1 Payment
a. Initial Invoice (Advance Payment) — The Partner shall pay, in cleared funds before the Shift starts:
- Gross Wage × scheduled hours
- Statutory Costs (30.07% of Gross Wage)
- Service Fee (15% of Gross Wage)
b. Supplementary Invoice — Following the Challenge Period Finallcall shall issue a Supplementary Invoice for authorised Overtime and adjustments together with associated Statutory Costs and Service Fee.
c. Payment Terms
- Supplementary Invoices are due within 7 calendar days of issue.
- Late payments accrue interest at 8% p.a. above the Bank of England base rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. If amounts remain unpaid, the outstanding balance (including accrued interest) will be carried forward and added to the next Request invoice. Finallcall may also suspend acceptance of new Requests until all arrears are cleared.
- Payments must be made without deduction or set-off, save as required by law.
4.2 Refunds
Eligibility — Refunds or credits will only be issued to the Partner in the following circumstances:
- (i) Shift Not Covered — No Finaller attended the confirmed shift and no replacement was provided by Finallcall.
- (ii) Unsuitable Match — The Finaller provided was unqualified for the booked role due to an error in matching by Finallcall, and the Partner rejected them within 1 hour of shift start.
- (iii) Cancellation by Finallcall — Finallcall cancelled a confirmed shift without giving the agreed minimum notice.
Non-Eligibility — Refunds will not be issued where:
- the Partner fails to provide accurate booking details;
- the Finaller is sent home for reasons outside Finallcall's control (e.g., change in business needs, reduced footfall, internal staffing changes);
- the Partner fails to reject an unsuitable Finaller within the stated rejection period;
- the Finaller leaves early due to unsafe working conditions, non-compliance with health and safety laws, or breach of statutory rest breaks;
- the Partner cancels the shift in breach of the Cancellations clause.
Refund Method — Approved refunds will be issued by the original payment method or as account credit, at Finallcall's discretion, within 7 Business Days of approval.
5. Cancellations & No‑Shows
5.1 Partner-Initiated Cancellations
- (a) More than 24 hours before Shift: full refund.
- (b) Within 24–4 hours: 50% of Gross Wage + full Statutory Costs & Service Fee payable.
- (c) Less than 4 hours: full amount payable.
5.2 Finallcall-Initiated Cancellations — Possible without liability if no suitable Finaller is available, overdue invoices, or Partner breach. Pre-paid amounts refunded unless due to Partner breach.
5.3 No‑Shows
- (a) Partner must notify within 1 hour of scheduled start if absent.
- (b) Finallcall will attempt replacement; if none, refund unworked hours.
- (c) No refund if Partner allows late Finaller to work.
5.4 Partial Attendance/Early Departure — Partner must notify within 2 hours; refund limited to unworked hours, subject to clause 7.
5.5 Force Majeure Cancellations — No liability; pre-paid unworked hours refunded in full.
6. Partner Responsibilities During the Shift
6.1 Legal Compliance — Partner shall:
- (a) provide a safe workplace, comply with the Health and Safety at Work etc. Act 1974, and maintain adequate public liability insurance;
- (b) comply with the Agency Workers Regulations 2010, including Day 1 facilities‑access rights and, where applicable, Week 12 equal treatment rights;
- (c) give Finallers all necessary instructions, supervision, equipment, and PPE, and ensure equipment is in good order;
- (d) allow Finallers statutory rest breaks and unpaid meal breaks;
- (e) treat Finallers no less favourably than comparable workers regarding canteen, toilets, drinking water, lockers, parking, etc.
6.2 Incident Reporting — The Partner must notify Finallcall:
- (a) within 1 hour of Shift start if the Finaller is absent or unsuitably dressed;
- (b) within 2 hours of any early departure or misconduct;
- (c) immediately of any accident or injury involving a Finaller.
6.3 Finallcall is not liable for loss arising from a Finaller's conduct unless duly reported in accordance with clause 6.2 and determined by Finallcall to warrant redress.
6.4 Statutory Rest Breaks — The Partner shall allow Finallers the statutory minimum rest breaks in accordance with the Working Time Regulations 1998, being at least one uninterrupted 20-minute break when the Shift exceeds 6 hours, together with daily and weekly rest periods as required by law.
7. Challenge Period & Claims
7.1 Either party may raise a Claim by emailing rep@finallcall.com within 24 hours after Shift end and providing evidence.
7.2 To approve overtime, acceptable confirmation from the Finaller must include clear photo or video evidence showing the Finaller remained on-site beyond the scheduled time, with a visible timestamp and location-based proof. If the confirmation is provided by the Partner, it must be a written confirmation via message, email, or platform chat, clearly stating the actual finishing time and agreeing that the Finaller stayed beyond the scheduled hours. All evidence or confirmation must be submitted within the challenge period of 24 hours after the end of the shift. Finallcall reserves the right to verify and approve overtime at its sole discretion.
7.3 Finallcall shall investigate and, within 7 Business Days, issue its determination, which shall be final.
7.4 If no Claim is received within the Challenge Period, the Shift is deemed accepted.
8. Marketing & Publicity
8.1 Finallcall may describe the Partner anonymously in marketing materials (e.g., "A Central London brasserie").
8.2 Finallcall shall obtain written consent before using the Partner's name, logo, or other identifiers.
8.3 The Partner may withdraw consent at any time; existing published materials may continue to be used.
Introduction Fee — If a Partner wishes to hire a Finaller as a permanent employee, they must pay an Introduction Fee starting at £1,500. The fee may be higher depending on the Finaller's level of experience. This Introduction Fee must be paid within 7 days of the Finaller accepting the permanent role. If payment is not made within this period, an additional 8% will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Furthermore, if we later discover that a Partner has engaged a Finaller permanently without notifying us, the Partner will be liable to pay double the standard Introduction Fee as a penalty.
9. Warranties & Disclaimers
9.1 The Platform is provided "as is" and "as available." Finallcall does not warrant uninterrupted, error‑free, or secure operation.
9.2 Except as expressly stated, all warranties, conditions or representations (express or implied) are excluded to the fullest extent permitted by law.
10. Limitation of Liability
10.1 Finallcall's aggregate liability in any 12‑month period shall not exceed the lesser of £500 or the Service Fees paid by the Partner in the preceding 2 months.
10.2 Finallcall is not liable for indirect, consequential, or special loss, including loss of profit, goodwill, or data.
10.3 Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
10.4 Finallcall and the Finallers are not responsible for the loss, theft, or damage of any personal belongings that occur at the Partner's premises. It is the Partner's responsibility to ensure the security and safekeeping of their own property. Finallers are likewise responsible for their own personal items. This clause is included to clarify that any personal belongings brought to the workplace are the sole responsibility of their owner.
11. Additional Provisions
11.1 Force Majeure — Neither party shall be in breach for delay or failure caused by a Force Majeure Event; affected obligations are suspended for the event's duration.
11.2 Data Protection — Finallcall is the data controller; personal data will be processed in accordance with UK GDPR and the Data Protection Act 2018.
11.3 Retention — Finallcall retains shift and financial records for up to 6 years to comply with statutory requirements.
11.4 Anti‑Bribery & Modern Slavery — Each party shall maintain compliance with the Bribery Act 2010 and Modern Slavery Act 2015.
11.5 Termination — Either party may terminate this Agreement or an individual Request on 30 days' written notice. Finallcall may terminate immediately for material breach, non‑payment, or health‑and‑safety concerns.
11.6 Dispute Resolution — Before litigation, parties shall attempt in good faith to resolve disputes, escalating to mediation if not resolved within 30 days. This does not prevent either party seeking urgent injunctive relief.
12. Notices
12.1 Notices shall be in writing and delivered by:
- (a) hand (effective upon delivery);
- (b) recorded post (09:00 on the second Business Day after posting); or
- (c) email to the addresses set out in the Request (effective when sent, if no bounce‑back).
End of Agreement