Terms of Service

‍RECITALS

These terms & conditions (these “Terms and Conditions”) shall govern all services provided by ShiftRX, Inc. and its subsidiaries and affiliates (collectively, “ShiftRx”, “we,” “us” and “our”) through the ShiftRx Portal, whether through its website or any mobile application (collectively, the “Portal”), and all content, services, and products available at or through the Portal. 

Further, these Terms and Conditions shall govern the relationship by and among ShiftRx and all Users (defined below) of the Portal.  By accessing and/or using the Portal, users are accepting and agreeing to be bound by these Terms and Conditions, without qualification or limitation.  ShiftRx retains the right to modify these Terms and Conditions, or modify or discontinue the Portal or any of the services offered thereon, at any time at ShiftRx’s sole discretion.

DEFINITIONS

“Service” means all of the services that are from time-to-time made available or provided by, through or in connection with the Portal.

“Provider” refers to any pharmacist, pharmacy technician, pharmacy assistant, pharmacy student (including interns) or other similar individuals who access or seek to access, or use, the Portal and/or the Services.

“Facility” means a pharmacy or provider of pharmacy services who access or seek to access, or use, the Portal and/or the Services.

“You” or “User(s)” shall include any and all Pharmacies (including any person acting for or on behalf of any Facility), Provider and/or other persons who access or seek to access, or use, the Portal for any purpose, including, without limitation, to receive and/or provide the Services, as the case may be.

ELIGIBILITY

By using the Portal:

• As a Provider, you represent and warrant that, both as of the date you first access the Portal and for the duration of your use of the Portal: (i) you are a licensed and/or registered Provider, pharmacy technician, pharmacy assistant and/or pharmacy student/intern; (ii) that you maintain all required licenses and that you satisfy all legal and regulatory requirements required for you to practice; and (iii) that the provision of services by you in connection with the Portal will not cause you to violate any term or covenant of any other arrangement now existing or hereafter executed.  You acknowledge that ShiftRx may require you to submit to any and all background checks it deems reasonably necessary as a condition to your use of the Portal and you hereby  further agree that through your registration with and/or use of the Portal  shall be deemed to be your consent to ShiftRx conducting any and all background checks it deems to be necessary or appropriate.  You further represent and warrant that in accessing and/or using the Portal , you have not previously been restricted or prohibited from using the Portal  in any way. 

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• As a Facility, Facility represents and warrants that, both as of the date Facility first accesses the Portal  and for the duration of its use of the Portal : (i) Facility has and shall maintain any and all necessary or appropriate license(s), registrations and certification(s) mandated by governmental regulatory agencies, including without limitation DEA certification and an unrestricted license to perform its duties in the state(s) in which Facility provides services; (ii) Facility shall comply with all applicable federal and state laws, including but not limited to statutes and regulations related to fraud, abuse, discrimination, disabilities, confidentiality, self-referral, false claims and prohibition of kickbacks; (iii) Facility has and shall maintain professional liability and comprehensive liability insurance in amounts that are commercially reasonable and appropriate; and (iv) accessing and/or using the Portal  or receiving any Services shall not cause Facility to violate any term or covenant of any other arrangement now existing or hereafter executed.

ACKNOWLEDGMENTS

All Users acknowledge and agree that:

• ShiftRx provides only an online portal  for the purpose of connecting Pharmacies with Providers to fill shifts and is not intended to create a fiduciary relationship between ShiftRx and any party; 
• all Users are independent contractors and contract for services on an arm’s length basis; 
• Providers are not employees, partners, agents, or representatives of ShiftRx;
• Pharmacies are not representatives or affiliates of ShiftRx; 
• neither ShiftRx nor any of its officers, directors or personnel owe any fiduciary duty to any User or other person in connection with their use of the Portal  or any of the matters contemplated hereby; and
• no User shall have any authority to act for, represent or bind ShiftRx in any manner, except as may be expressly agreed to by ShiftRx in writing.

Each Provider shall fulfill his/her professional responsibilities in the manner he/she sees fit, but consistent with the standards of the professional community.  Each Provider acknowledges that as an independent contractor, he/she has all the rights and privileges of being self-employed and in business for themselves, and that as an independent contractor, they are not entitled to, and shall not claim, any of the rights, privileges or benefits of an employee of ShiftRx, including, but without limitation, health and welfare benefits, vacation, termination or severance pay or other perquisites or benefits, nor any right to receive workers compensation, state disability or unemployment benefits, in each case, by virtue of their use of the Portal , and further, on behalf of himself or herself and all of his or her heirs, legal representatives, successors and assigns, each Provider hereby releases and waives any and all rights, claims, or interests in any such privileges or benefits.  Each Provider acknowledges and agrees that he/she is responsible to declare and pay all federal, state and local taxes, dues, licenses and insurance as may be required by law.

Each Provider and Facility acknowledges and agrees that ShiftRx does not supervise, direct or control the method or manner in which any Provider performs his or her work, nor shall ShiftRx be expected to monitor or inspect the facility or conditions under which a Provider performs Services for or on behalf of a Facility.  ShiftRx HAS NO CONTROL OVER THE CONDUCT OF A PROVIDER OR FACILITY, AND AS SUCH, DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW.

There is no guarantee that Facilities will be able to fill all of their available work shifts and there is no guarantee that a Provider will find a suitable work shift.

ShiftRx makes reasonable efforts to keep its data and information accurate, current and up-to-date.  However, ShiftRx cannot guarantee that all of the information on the Portal  is current.

USER CONDUCT

You agree to use the Portal  in accordance with the following:

• Account Use. Your account is used by you or your agent(s) only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ShiftRx is not responsible for third party access to your account that results from theft or misappropriation of your username and password.
• Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Portal ; (ii) the information and content you post, transmit, publish, or otherwise make available through the Portal ; and (iii) your interactions with other Users. The information you submit in your profile is expected to be complete and accurate according to the fields that are required.
• No Illegal Activity. You will use the Portal  in a manner consistent with any and all applicable laws and regulations.
• Posting and Communication. You will not post on the Portal , transmit to other Users, communicate any content or links thereto, or otherwise engage in any activity on the Portal  that: promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is intended to or tends to harass, annoy, threaten, or intimidate any other party; is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene, or otherwise objectionable; promotes or enables illegal or unlawful activities; intended to defraud, swindle or deceive any other persons; contains viruses, trojan horses, cancelbots, worms, or other harmful, or disruptive codes, components, or devices; could damage, disable, overburden, or impair our servers or network, or interfere with any other person’s use and enjoyment of the Portal ; attempts to gain unauthorized access to the Portal  or computer systems or networks through hacking, password mining, or any other means; promotes or solicits involvement in or support of a political platform, religion, cult, or sect; is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Portal ; impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; uses scripts, bots or other automated technology to access the Portal ; or is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
• Unique and Bona Fide Profile. You agree to create only one unique profile. In addition, in order to maintain the integrity of the Portal , you agree that your use of the Portal  shall be for bona fide purposes.

SHIFTRX MAY MONITOR INTERACTIONS

At our discretion, ShiftRx, or agents of ShiftRx, may monitor and/or record your interactions with the Portal.

‍SHIFTRX MAY REMOVE CONTENT

ShiftRx reserves the right, but not an obligation, to monitor the information or material you contribute, post, transmit, publish, otherwise make available through the Portal. ShiftRx will have the right to remove any such information or material that, in our sole opinion, violates, or may violate, any applicable law, either the letter or spirit of the Terms and Conditions, or upon the request of any third party. 

PAYMENT

When a Provider books a shift through the Portal with a Facility and the Facility confirms the Provider’s shift, the Facility will be charged a fee for the services purchased. A portion of that fee will be paid to ShiftRx.  The Facility will not be charged any additional fees. ShiftRx reserves the right to withhold all or a portion of fees payable to you hereunder if we reasonably believe that you have attempted to defraud or abuse the ShiftRx Portal or violate the terms of these Terms and Conditions.

Payment information you provide to ShiftRx to pay fees must be accurate and complete. ShiftRx uses a third party payment processing provider (the “Payment Processor”). When you provide your information for payment processing, that information, along with other relevant personal information about you, is provided directly to the Payment Processor for the purposes of facilitating such. You hereby consent to the collection, use and disclosure of your personal information by and to the Payment Processor for the foregoing purposes. You also acknowledge and agree that the Payment Processor may also collect your personal information and/or other information about you and the collection and use of such information will be subject to the terms of such Payment Processor’s privacy policy, if any. You acknowledge and agree that we shall have no liability to you in connection with the disclosure of your personal information to the Payment Processor.

Once a shift has been accepted and completed by a Provider, there will be no refund to the Facility; provided, however, should a Facility be dissatisfied with the performance of a Provider that such that it becomes necessary to terminate the Provider’s shift prior to completion, the Facility must provide written notice to support@shiftrx.io prior to the scheduled completion of such shift to allow ShiftRx the opportunity to investigate and arrive at a resolution it believes to be equitable under the circumstances. 

PROVIDER OBLIGATIONS

At all times while using the ShiftRx Portal  and/or providing Services, Providers  agree to:

• act professionally, ethically, and competently and abide by all standards of practice and codes of ethics outlined by applicable state and federal licensing bodies;
• adhere to all applicable state and federal laws and regulations that govern the geographical region in which you practice and  keep yourself apprised at all times to any changes to any applicable laws, regulations, standards of practice, rules or codes of ethics that apply to you;
• only accept shifts in a jurisdiction in which you are licensed to practice pharmacy;
• maintain active professional liability insurance coverage;
• be duly registered and remain in good standing with your respective licensing body, including being up to date on all licensing fees owed to such body;
• immediately inform ShiftRx if you become subject to any complaint or investigation involving any licensing body or committee thereof; 
• when registering to use the Portal , answer each registration question honestly and truthfully (any failure to do so may result in the immediate suspension of your use of the  Portal);
• be truthful when selecting or listing skills and competencies, including the types of pharmacies you are familiar with, and the specialty skills you have;
• only practice within the practice scope of providers or technicians and only engage in pharmacy activities that you are authorized and competent to perform;
• be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to any malpractice, dispensing error, personal injury, death or property damages; and
• pay all applicable federal, provincial and local taxes based on your provision of Services and any compensation paid to you. 

FACILITY OBLIGATIONS

If you are a Facility, at all times while using the Portal  and receiving Services, you agree to:

• possess all valid licensures, approvals and authority to own or operate as a Facility within your jurisdiction;
• ensure that your Facility is in good operating condition and meets the industry safety standards and complies with all applicable regulatory and licensure requirements for a Facility of its kind; 
• only engage for Services using the Facility that has been registered in the Portal  and reported to, and you will not post Shifts for a Facility that is not fully compliant with all applicable rules and regulations; 
• maintain policies of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the Facility engaging for Services;
• assume sole legal responsibility for any incident or accident that occurs at your Facility, including compliance with any and all applicable statutory or jurisdictional requirements, and to report any such incident or accident to ShiftRx and your insurance carrier in a timely manner.
• not circumvent, or attempt to circumvent, the Portal  or ShiftRx’s rights hereunder, including, but not limited to, seeking to privately contract with or engage any Provider to provide services or accept payment outside the Portal; or 
• not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. 

Any failure of a User to meet its obligations hereunder may result in the termination of their access to the Portal, in addition to all other rights and remedies available to ShiftRx under applicable law.

LATE PAYMENTS

Pursuant to the terms of this agreement, the Facility hereby acknowledges and agrees that any payments rendered later than three (3) business days following the due date shall be subject to a late payment penalty. The Facility shall be liable for a penalty fee of five percent (5%) per day, calculated on the outstanding balance payable to ShiftRx. This penalty fee is intended to cover the expenses and administrative costs incurred by ShiftRx in its efforts to collect the overdue funds. The Facility’s continued failure to remit payment in a timely manner may result in further legal action or termination of services at the sole discretion of ShiftRx.

TERMINATION OF ACCESS TO SERVICE

ShiftRx may, at its sole discretion, terminate or suspend your access to all or part of the Portal at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the  Portal by other Users may be grounds for termination of your access to all or part of the  Portal at ShiftRx’ sole discretion, and you may be referred to appropriate law enforcement agencies.

PRIVACY

All information that is submitted on the  Portal may potentially be publicly accessible and may be used by ShiftRx for any purpose permissible by law. To the maximum extent permitted by applicable laws, ShiftRx is not responsible for protecting, nor is it liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. You understand and agree that by using the  Portal, ShiftRx will collect personal information about you. You consent to the collection and use by ShiftRx for any purpose permitted by applicable law.

SECURITY

Username and Password. You are responsible for maintaining the confidentiality of your username and password, and you should not allow anyone to use your password to access the  Portal. You are responsible for all usage or activity on the  Portal by users using your password, including but not limited to use of your password by any unauthorized party. You agree to immediately notify us of any unauthorized use of your username or password or any unauthorized access to your account.

ShiftRx Efforts. ShiftRx uses reasonable efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist. ShiftRx cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

INTERRUPTION OR SUSPENSION OF THE PORTAL 

You hereby acknowledge that ShiftRx is not responsible for interruption or suspension of the  Portal, regardless of the cause of the interruption or suspension.  You also acknowledge that the  Portal (or portions thereof ) are a Beta Version and that interruptions or suspensions caused by technical issues may occur from time to time.

PROHIBITED CONTENT

You agree that you will not under any circumstances use the Portal to transmit any content that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- generated or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.

INTELLECTUAL PROPERTY

ShiftRx respects others’ intellectual property rights and asks you to do the same. ShiftRx may terminate a User’s access to the  Portal if it determines that the User infringes on others’ copyrights or other intellectual property.

DISCLAIMER OF WARRANTIES

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ShiftRx PROVIDES THE  PORTAL AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PORTAL (INCLUDING ALL INFORMATION CONTAINED THEREIN) OR ANY SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ShiftRx DOES NOT WARRANT THAT YOUR USE OF THE PORTAL WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PORTAL WILL BE CORRECTED. ShiftRx DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE PORTAL

LIMITATION OF LIABILITY

Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ShiftRx BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PORTAL OR RECEIVE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ShiftRx KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THE TERMS AND CONDITIONS OR THE USE OF THE APP, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $1.00 (USD) OR ITS EQUIVALENT.

No Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ShiftRx BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PORTAL OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS, OR ENGAGEMENTS WITH OTHER USERS OF THE PORTAL. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. 

Information Verification. ShiftRx may use various ways of verifying information that other Users of the  Portal have provided. However, you agree that ShiftRx will have no liability to you arising from any incorrectly verified information.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless ShiftRx, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly, or indirectly, out of (a) your use of or inability to use the  Portal, (b) any services provided (in the case of Providers) or received (in the case of Pharmacies) by you, (c) your violation of the Terms and Conditions or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. ShiftRx reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses, subject, in all instances, to a reservation of ShiftRx’s rights and remedies in all respects.

MODIFICATION OF TERMS AND CONDITIONS

ShiftRx reserves the right, at our sole discretion, to amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. Upon any changes in these Terms and Conditions, ShiftRx will post the amended Terms and Conditions on the  Portal. Your continued use of the Portal following such notification shall constitute your affirmative acknowledgement of the Terms and Conditions, the modification and agreement to abide and be bound by the Terms and Conditions, as amended. If at any time you choose not to accept these Terms and Conditions, including following receipt of notification of any modifications made hereto, do not use the  Portal.

For the avoidance of doubt, these Terms and Conditions may not be waived, modified or amended by any User, except by a mutual written consent of ShiftRx and such User, which consent shall specifically refer to the provision to be waived, modified or amended and shall explicitly make such waiver, modification or amendment.

COMMUNICATIONS

You agree and consent to receive email messages and SMS messages from us. These emails and SMS messages may be transactional or relationship communications relating to the  Portal, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. The purpose of private messaging is to allow for discreet conversations to take place between members. Although private messages are normally only accessible by those who send and receive them, they are part of the database and as such, property of ShiftRx. 

GOVERNING LAW

These Terms and Conditions and any access to or use of the  Portal shall be governed by, and construed in accordance with, the laws of the State of Texas. You agree to submit to the exclusive jurisdiction and venue of the courts located in the State of Texas.

SEVERABILITY

If any portion or provision of the Terms and Conditions shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of the Terms and Conditions, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of the Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.

NO ASSIGNMENT

ShiftRx may assign or delegate these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and Conditions without ShiftRx’ prior written consent, and any unauthorized assignment and delegation by you is void.

HEADINGS AND SUMMARIES

The headings, captions, and summaries in this document are for convenience only and in no way define or describe the scope or content of any provision of the Terms and Conditions.

ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between you and ShiftRx and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of this agreement. By using the  Portal, you acknowledge that you have read and understand these Terms and Conditions and will be bound by these Terms and Conditions.

Cancellation Policy & Attendance Policy 

Cancellations:

Facilities:

Due to the significant impact cancellations have on the platform and on providers seeking opportunities, we strongly encourage facilities to cancel shifts before hiring an applicant. 

If your facility exceeds three cancellations after hiring a provider, ShiftRx will suspend your account and investigate before you are able to continue using our services.

Please make sure the account admin or anyone at your facility is aware of the shift cancellation provisions in your account's agreement, including any applicable fees, before canceling a shift.

Ending Shifts Early Due to Performance Issues

If a provider is sent home for performance reasons after starting their shift, the facility must  provide a prompt written notice to ShiftRx via email at support@shiftrx.io prior to the completion of the scheduled shift detailing the circumstances that led to such early-termination. 

• If the facility ends the shift early after the shift starts, the facility will be required to pay for the number of hours worked. 
• If the facility demonstrates a record of consistently canceling providers before their shift starts,at the Company’s discretion, the facility’s profile will be flagged and the Company will launch an investigation into the facility's constant cancellations. 

Providers:

Ending Your Shift Early Due to Safety Reasons:

If a provider feels unsafe for any reason at a facility, they should contact 911 and file a report with a ShiftRx representative within the same day as the scheduled shift. If a provider fails to report this, points will be deducted for leaving early as stated in the attendance policy below.

Attendance Policy: ShiftRx Rating System

Providers:

Star Ratings:

Providers will start off with no rating. Once you work three shifts, a weighted average of your star rating will be displayed on your profile that will be visible to facilities when applying to shifts. This rating will be visible to the facility. After you complete a shift, you will be able to rate the facility as well.

Star Ratings will comprise six categories for providers and facilities. 

Providers:

• Timeliness & Reliability 

• Professionalism  
• Communication 
• Clinical Skills
• Attitude
• Cleanliness 

Facilities: 

• Work Environment
• Safety
• Communication
• Support
• Cleanliness
• Respect & Inclusion

The overall rating on your facility or provider profile will be an averaged score across these categories. 

If you believe that you received a rating that was incorrect or unfair, please email us at support@shiftrx.io and we will conduct an internal review on a case by case basis. 

Attendance Score 

All provider accounts will start with a 100-point score. The maximum score is 200. Providers with a score above 0 will have access to any shift they have the facility-required qualifications for. 

Score Reaches 0

If a provider’s score drops below 0, their account will be suspended for 30 days before they will be able to fill in any available shifts on the platform. If an account is suspended 3 times in 6 months, there will be a 365 day suspension of that account. 

Any shifts that are already on a calendar before a suspension will immediately become vacant for another provider to fill the spot. A notification will be sent to both the provider and facility affected.

ShiftRx Attendance Policy & Point System

Canceling shifts will result in points being deducted from a party’s Attendance Score. Points are earned for working shifts and getting good reviews. 

If a facility reports an issue, points can also be deducted from your score.

Provider’s should not apply to shift’s they are not 100% certain they can work. Provider’s are able to cancel their shift application at no penalty if they have not been hired for the shift yet. Facilities have up to 48 hours to hire the applicant after they apply to a shift. Should a provider cancel their application, after being hired, ShiftRx will be required to reduce the provider’s Attendance Score accordingly (based on whether (and how much) advanced notice was provided).

By tapping on “Cancel”, the provider will be informed of the point(s) being deducted for the cancellation, as well as the provider’s new Attendance Score. Providers may also find their current Attendance Score by tapping on Ratings -> My Attendance Score -> See Details, as well as details regarding prior earned or lost points. 

If a provider’s Attendance Score reaches zero, their account will become restricted and will be subject to review by ShiftRx before it may be reinstated on the Platform. 

Point Model 

Earning Points-

• Completing a shift with no recorded issues
• Receiving a 4 star rating or higher after shift completion 
• Being added to a facility’s Preferred Provider’s List 
• Repeat provider at a previous facility  

Deducting Points-

Canceling, no showing, or leaving early:

• Canceling a shift 2 weeks’ prior to shift date 
• Canceling a shift less than 2 weeks’ prior to the shift date, but more than 1 week’s notice 
• Canceling a shift less than 1 week prior to the shift date  
• Canceling a shift in less than 72 hours prior to shift date 
• Canceling a shift in less than 48 hours prior to shift date 
• Canceling a shift in less than 24 hours prior to shift date 
• Canceling a shift in less than 12 hours prior to shift date 
• No showing for a shift 
• Receiving a star rating of 2 or less after shift completion

Reported Issue From A Facility

• If ShiftRx has determined that a provider was at fault with respect to a performance-related claim by a facility - the provider’s account will need to be reviewed by ShiftRx and deduction points can vary based on the situation.
  
  
• If ShiftRx has determined a provider was at fault or involved with any physical or verbal abuse with patients or pharmacy staff team- the provider’s account will need to be reviewed by ShiftRx and deduction points can vary based on the situation.
  
  
• If ShiftRx has determined that a provider was at fault for a patient related claim by a facility- the provider’s account will need to be reviewed by ShiftRx and deduction points can vary based on the situation.

Reported Issue From Provider 

• If a Provider experienced an issue with a Facility during his/her shift, a Provider may issue a formal complaint against the Facility by submitting the complaint to support@shiftrx.io. 

Disputing an Attendance Score Deduction 

Professionals using ShiftRx marketplace may dispute an attendance score point deduction if the cancellation or No Show was due to one or more of the following reasons: 

• Personal emergency: Illness or injury for yourself, family member, or loved one
• Accidental shift booking: If you cancel within 15 minutes of booking your shift, it can be canceled with no penalty
• Accidental shift cancellation: Please submit a request for reinstating the shift and we will work to get it reinstated as long as another provider has not taken the case already
• A technical issue with the ShiftRx app: Please submit a dispute and detailed events with applicable screenshots
• An issue with a healthcare facility: we aim to keep the highest standards for your providers and facilities. If there is an issue, please ensure you’re safe and contact ShiftRx afterwards with an applicable timeline of events and photos if applicable. 

If you have a request, please contact ShiftRx help center at support@shiftrx.io. Please have relevant documentation to support your claim.

CIRCUMVENTION & BUYOUT FEES‍ – NO CONTRACTING OUTSIDE THE SHIFTRX PLATFORM

Any attempt by a User to circumvent the Portal whether directly or indirectly, by privately contracting for services or accepting payment outside the Portal  with or from another User is strictly forbidden. Any User found or suspected by us to have violated this may be banned from using the platform.

For greater clarity, Users are not permitted to accept or offer permanent, temporary, or contractual work or employment (whether permanent, relief, part-time or full-time) to or from another User who they connected with via the Portal for a period of six (6) months after their last engagement with that User, except with the prior written consent from ShiftRx.  Any failure to obtain ShiftRx’ prior written consent as provided herein will result in such User being liable to pay a penalty charge of $5,000.00.  This penalty fee will be applied to each party involved in the circumvention engagement (i.e., both Facility and Provider). Additionally, ShitfRx reserves its right to pursue legal action against Users and will be entitled to any and all damages and attorney’s fees  under the applicable law. This penalty fee will be applied to each party involved in the circumvention engagement (i.e., both Facility and Provider). ‍

PERMANENT HIRING; BUYOUT FEES

Facilities retain the option to permanently employ a provider from the Portal, subject to payment of the applicable Buyout Fee. Said Buyout Fee is non-negotiable and non-refundable, and shall unequivocally apply in cases where a Facility has extend an offer of employment to, or has otherwise sought to directly engage, any provider whom it has hired or engaged for less than ten (10) shifts via the Portal during the three (3) month period immediately preceding such employment or engagement offer. 

The “Buyout Fee" for engaging a provider amounts to $10,000, whereas the Buyout Fee for pharmacy technicians, pharmacy assistants, and interns/students is set at $5,000.00. Upon remittance of the Buyout Fee, the Facility expressly acknowledges and accepts the non-refundable nature of the Buyout Fee and waives any right to seek a refund, negotiation, or transfer thereof.