Early Pay is a service whereby eligible subcontractors and workers can, through the Bolst App (and subject to these terms), access part of their Earned Pay for immediate payment rather than at the next scheduled Pay Day. 

PLEASE READ THESE TERMS CAREFULLY. IF YOU ACCESS OR USE THE EARLY PAY SERVICE, YOU AGREE TO BE BOUND BY THEM.  

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You may only use Early Pay if (a) you are a Registered User of the Bolst App; (b) you work in the UK; (c) you are at least 16 years of age; (d) if your Work Engager has confirmed that you are eligible for Early Pay and (e) your Work Engager is established in the UK. 

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We may update these terms at any time by notifying you by email and publishing a revised version on www.bolstplatform.com.  Your continued use of Early Pay after the stated effective date will constitute your acceptance of the updated terms. 

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Should you require any support in connection with Early Pay or wish to make a complaint, please contact: support@bolstplatform.com. 

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You should think carefully about whether receiving your Earned Pay early is right for your individual financial circumstances. Receiving a proportion of your Earned Pay before the relevant Pay Day may be appropriate for short-term financial needs but may not be appropriate if you are in financial difficulty or for longer term financial management. Please ensure that you consider your ability to pay key bills when deciding to make an Early Pay Request. 

In order to make Early Pay available to you, we require certain personal data applicable to you to be shared with us by your Work Engager. You agree to our processing of the personal data provided to us. 

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The terms of our Privacy Policy apply to all personal data that we process. Our Privacy Policy is available here (http://www.bolstplatform.com). 

You will only be able to use Early Pay, if you have an active User Account within the Bolst App. When your User Account has been activated, you will be able to login to see your Registration Information. In order to register for and activate a User Account you must provide us with all information that we may reasonably request in order to verify your identity.  

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Given the nature of Early Pay, you agree not to share, and not to allow anyone else to use, your User Account, your login ID or your password. You should choose a strong password for your User Account and ensure that the details of your password and all other security credentials are kept confidential and secure at all times. 

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If you believe or suspect that (a) your login ID or password have been lost or stolen; (b) a device that you use to access the Early Pay service has been lost or stolen; or (c) someone else has accessed your User Account, you agree to tell us immediately by sending an email to support@bolstplatform.com. 

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If your Registration Information or your Bank Account Information changes, you agree to tell your Work Engager immediately. If you do not do this, it might delay the processing of your Early Pay Requests, Earned Pay Payments, and Balancing Payments. We are not responsible for any errors, Transaction Fees or other issues that might arise, or for any losses you might suffer, if your information changes and you do not tell your Work Engager immediately. 

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You agree to ensure that all information that you submit to us will be true and accurate in all respects.  

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You are only eligible to make an Early Pay Request via the Bolst App if:  

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• The Client Contract continues to be in place; 

• You continue to be engaged or otherwise contracted by the Work Engager; 

• Your Work Engager deems you to be eligible for the Early Pay service; and 

• You have an Available Amount. 

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If the Client Contract is terminated, or is in the process of being terminated, your access to the Early Pay service will be suspended. 

We may suspend or revoke your right to access and/or use the Early Pay service and your Early Pay Account at any time and for any reason at our discretion. 

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We may limit the number of Early Pay Requests you can make, and the value of the Earned Pay Payments you may receive in any given Pay Period if: 

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• you de-activate your User Account; 

• you breach these Terms in a material way; 

• we reasonably believe that it is necessary or desirable to do so for legal, regulatory or security reasons, or to protect us or the Bolst App. This might happen, for example, if we believe that your Early Pay Account has been compromised, or that someone else is making (or attempting to make) Early Pay Requests on your behalf.    

We cannot be responsible for any losses you might suffer if we suspend or revoke your right to access and/or use Early Pay under this section 4.

If your Early Pay Account is activated, you will be able to use Early Pay to see how much of your earned but unpaid pay is available to you and to make Early Pay Requests. 

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When you make an Early Pay Request, you are allowing your Work Engager to (i) allow us (acting on their behalf and subject to these terms) to make Earned Pay Payments upon such Early Pay Request, and (ii) make Balancing Payments on Pay Days.  

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If you make an Early Pay Request and your Work Engager chooses (in its absolute discretion) to accept it, your Work Engager will ask us to arrange an Earned Pay Payment; and, if we do, we will charge you a Transaction Fee. Our Transaction Fees may vary over time but will always be displayed at the point of making the Early Pay Request. Your Work Engager has more information about this.

Your Work Engager will not accept an Early Pay Request if:  

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• you are not paid in accordance with the relevant Pay Period; 

• you have earned less than £500 per week (net) based on the average of your last 3 Pay Periods; 

• you have received Earned Pay from more than one Engagement; 

• there is no record of Earned Pay in the relevant Pay Period; 

• you make an Early Pay Request which is for more than the Available Amount; 

• you have exceeded the maximum number of Early Pay Requests for that Pay Period, if applicable; 

• you make an Early Pay Request between 17.00 and 19.30 on a Friday; 

• you make an Early Pay Request from an amount carried forward from one Pay Period to the next; and/or 

• the amount requested in such Early Pay Request, and the value of the Earned Pay Payments that have already been made for the relevant Pay Period are worth more than the Maximum Percentage Amount of your Net Pay. You can check the value of the Earned Pay Requests that have already been made; and find out about (i) the Maximum Percentage Amount of your Net Pay; and (ii) how much you still can Request, by Contacting your Work Engager. 

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We cannot be responsible for any losses you might suffer, if your Work Engager chooses not to accept an Early Pay Request, or an Earned Pay Payment is not made, for any reason whatsoever.  

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Earned Pay Payments will be credited to the Bank Account shortly after the Early Pay Request is accepted. However, the timing of your receipt of cleared funds into your Bank Account may vary depending upon your banking arrangements and certain other factors which are outside of our control. Where this is the case, we accept no liability for any delay or rejection of any Earned Pay Payments by your bank. 

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If an Earned Pay Payment is made, you understand and accept that: 

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• on your next Pay Day, you will receive your Net Pay less (i) the Earned Pay Payments made during the relevant Pay Period; and (ii) our Transaction Fees (if any); and  

• if the aggregate value of the Earned Pay Payments and Transaction Fees is for any reason equal to or greater than your Net Pay, you will not be paid anything on your next Pay Day and, on the Pay Day after that, you will receive a payment from your Work Engager that has been reduced by the carried-over outstanding balance (if any); and  

• If, after you have been paid, any end client validly disputes the amount of Earned Pay you were actually entitled to you, on the Pay Day following this, your payment from your Work Engager will be reduced by any amount of Earned Pay Payments that need to be repaid. 

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Your Early Pay Account is not a bank account; an electronic money account; or a store of value of any kind, and it cannot be used as if it was.   Any Earned Pay Payments are early payment of monies already earned and owed to you and not a loan or other advance. 

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You can de-activate your Early Pay Account at any time by emailing support@bolstplatform.com. However, the de-activation will not take effect until:  

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• your Work Engager has paid the Earned Pay Payments you have already requested in an Early Pay Request (if any);  

• your Work Engager has paid your next Net Pay or Balancing Payment; and  

• you have settled our Transaction Fees (if any).  

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Every time you make an Early Pay Request, you warrant that: 

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• you are asking for a payment that is (i) worth less than the amount you have already earned and are entitled to receive under the terms of your Engagement; and (ii) for an amount that you have not already received, from your Work Engager, as part of an Earned Pay Payment, or in any other way;  

• if an Earned Pay Payment is made and you are paid again for the same services or hours worked, or you otherwise receive funds to which you are not entitled (for example if an end client validly disputes that you were entitled to payment) , you will repay such funds on demand. 

• You represent and warrant that (a) you are a legal owner of; (b) you are authorised to provide your Work Engager with; and (c) your Work Engager is entitled to provide us with, the Bank Account Information.  

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In order for us to make Early Pay available to you to use, we are required for legal and regulatory reasons to identify you and may be required to verify your identity. You hereby authorise and consent to us, directly or through your Work Engager or a third-party, to obtain, verify, record and (where appropriate) share information and documentation that helps us verify your identity and Bank Account information. When you register on the Bolst App, and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify and verify you. You agree to provide us from time to time with all such information about you as we may reasonably require in order to fulfil (i) our obligations under applicable law; and/or (ii) our obligations to you under these Terms. If you are unable to provide such information, we may suspend or terminate your use of the Bolst App.  

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Your access and use of the Early Pay service may be interrupted from time to time for any of several reasons, including the malfunction of equipment, internet disruption, periodic updating, maintenance or repair of the Bolst App; we cannot be held responsible or liable for any actual or potential losses you might suffer, as a result of service interruptions or for any other reason out of our reasonable control.

Bolst provides user support via its support desk (support@bolstplatform.com) and endeavours to respond to all Early Pay queries and issues within 24 hours. 

When you activate your User Account, you: 

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• give your Work Engager permission to share your engagement, employment and other personal data with us, if and to the extent that it is necessary or desirable to do so to enable (1) us to provide the service to you; and/or (2) us and/or your Work Engager to perform our respective obligations under these Terms. This data includes (i) your name; (ii) your payroll identification number; (iii) your contact information; (iv) your current and updated gross and net pay entitlements; (v) your Bank Account Information; (vi) the start and end dates of engagement or employment; (vii) your days or hours worked; and (viii) any fact or matter that will or might bring your engagement or employment to an end, such as the giving of notice to terminate your engagement or employment contract;  

• give us your permission to share real-time information about you with your Work Engager, provided the information is limited to (i) the fact that you have opened, or given notice to close, a User Account, together with the date of the notices you or we have given, and the dates on which these notices took effect; and (ii) the date and amount of every Early Pay Request you make, every Earned Pay Payment we arrange, and every Transaction Fee we charge; and  

• give us your permission to use and store the information you and your Work Engager give to us, for the purpose of providing the Early Pay services, including providing your Work Engager with real-time information and analytics about your Early Pay Requests, your Earned Pay Payments, your Net Pay payments, and your Balancing Payment payments. 

You represent, warrant and agree that you will not, and that you will not encourage or knowingly allow others to:  

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• use Early Pay for an unlawful purpose, or for a purpose that is inconsistent with or prohibited by these Terms;  

• access Early Pay in order to build a similar or competitive product, or service.  

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Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Early Pay service shall be subject to these Terms.  

We are not responsible or liable: 

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• for any delays in payment due or related to the intervention of any third-party (including any delays caused by banks, failures or errors in payment or communications systems other than the Bolst App itself, or for regulatory purposes); and/or  

• for any delays in payment due to, or related to the occurrence of, an administrative or technical error, or a technical or system-related event, which prevents us from performing our obligations under these Terms, or from communicating with you in accordance with these Terms, and which is not caused by us, and is beyond our reasonable control; and/or  

• if you breach these Terms; and/or 

• if a third-party gains access to your Account because you failed to take reasonable steps to prevent that from happening. 

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The financial education signposting that we provide via third-party websites is not financial advice. If you choose to use these third-party websites, the decision is yours. 

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We are not a tax advisor or financial planner; and we cannot and do not provide legal, tax, or financial advice, whether through Early Pay or in any other way. If you need financial or other advice, you should obtain it from a person who is appropriately authorised and qualified to give it. You should also refrain from using the services available via Early Pay, until you have that advice, and you have had a reasonable opportunity to consider it.  

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We do not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store information in Early Pay. The information available within Early Pay cannot be any better than the information your Work Engager has provided to us. In particular, the information available within Early Pay may not reflect developments, days or hours worked, or changes that have occurred since your Work Engager last updated us. Please contact your Work Engager if you have any questions or concerns in this regard.  

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We may provide links to third-party websites and companies in Early Pay. Unless otherwise expressly indicated to the contrary in Early Pay, such third-party websites and companies are not the responsibility of Bolst and Bolst accepts no responsibility for the availability, suitability, reliability or content of such third-party websites or companies and does not necessarily endorse the views expressed within them. Bolst will not be liable for any loss or damage that may arise from your use of them. 

Nothing in these Terms limits or excludes any liability to the extent the same cannot be limited or excluded at law.    

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Subject to this clause, our maximum liability in contract, tort (including negligence) or otherwise under or in connection with these Terms shall be limited to an amount equal to the Transaction Fees we have charged you in the preceding 12 months.  

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Subject to this clause, we are not liable in contract, tort (including negligence) or otherwise under or in connection with these Terms for any indirect or consequential loss or damage which may arise out of, or in connection with, these Terms.  

These Terms will remain in full force and effect unless and until: 

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• they are superseded;  

• you de-activate your User Account, and the de-activation takes effect;  

• the Client Contract comes to an end; or 

• the Engagement with your Work Engager comes to an end.  

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We can withdraw Early Pay at any time. 

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If you de-activate your User Account and the de-activation takes effect, we will delete all your information except for information which we are required to keep by law and such information will be deleted once no longer required by law to be kept, as per our Privacy Policy which is available here (http://www.bolstplatform.com). 

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Notwithstanding the de-activation of your User Account, the following provisions will remain in full force and effect: section 7 (No Unlawful or Prohibited Use), section 8 (Disclaimers), section 9 (Limitation of Liability), section 10 (Term and Termination), and section 11 (General Disputes)

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Termination or suspension of any part of the services provided on or in relation to Early Pay, or of these Terms, will not affect the payment of outstanding Earned Pay payments, Net Pay Payments or Balancing Payment payments (as applicable), in accordance with these Terms. 

These terms constitute the entire agreement between us and you in respect of the Early Pay service and supersedes all previous agreements, understandings and arrangements in respect of its subject matter, whether in writing or oral. 

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Nothing in these terms shall limit or exclude any liability for fraud. 

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The Company may at any time novate, assign, sub-contract, sub-licence (including by multi-tier), transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights or obligations under these terms. 

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You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent. 

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 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision. 

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No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under these terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. 

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These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. In the circumstances, and whilst you and we may enforce these Terms, no one else may do so.  

The headings in these Terms shall not affect its interpretation. 

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A reference to a statute includes the statute as amended or re-enacted.  

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An obligation not to do something, includes an obligation not to allow that thing to be done.  

In these Terms: