GENERAL TERMS AND CONDITIONS
Purpose: These general conditions (“GTC”) govern the contractual relationship between Agence Staff Renter Inc. (“Staff Renter”) and you, an individual registering for Staff Renter services through its website (“ you “or the” self-employed “, and collectively with Staff Renter, the” parties “). By clicking “Accept” you accept these GTC and agree to comply with them, in the same way as if you had signed a contract with Staff Renter. These GTC are an integral part of your contractual agreement with Staff Renter, and with the specific conditions of your electronic registration form and of any other agreement to be agreed between the parties or of any document issued by Staff Renter (if applicable) constitute the entire agreement between the parties (the “contract”) and replace and cancel any discussion, declaration, agreement or agreement, verbal or written, entered into between the parties relating to the subject matter hereof. The contract can only be altered, changed or modified by an amendment signed by both parties. Notwithstanding the above, Staff Renter may, at any time and by means of a written notice, make changes respecting the general scope of the contract or of these GTC. The use of the website or intranet or the provision of your services, following these changes, will signal your acceptance of these revised terms.
Description of services:
PERMANENT PLACEMENT SERVICE
Staff Renter will act as an intermediary between you and a potential employer in Quebec or Ontario (“the employer”) in the field of catering or tourism (the “domain”) in order for you to find a job in Quebec in the field. Staff Renter will put you in touch with one or more employers and make commercially reasonable efforts to obtain a promise to hire from the employer. Staff Renter’s service is limited to the door-to-door sales services explicitly described in this paragraph. You agree to be available for electronic or in-person interviews and to answer questions from Staff Renter and the employer, to allow Staff Renter to provide services. You agree that these Staff Renter services will in no way create an employer-employee / employee relationship between Staff Renter and you, or any other obligation or guarantee on the part of Staff Renter towards you, other than those expressly provided for in this paragraph.
Staff Renter will act as an intermediary between you, as a self-employed worker and service provider, and one or more potential clients in Quebec or Ontario (the “beneficiaries”) in the field, for the purpose that you may from time to time render services in the field to beneficiaries, on an event basis. Staff Renter will offer you tenders through its website or intranet on the basis of which you can demonstrate your interest and offer your services. After validation and acceptance of the invitation to tender for your services by Staff Renter and / or the beneficiary, and the communication to you of the specific conditions applicable to the mandate with the beneficiary, you will invoice Staff Renter for your services once rendered, and Staff Renter will invoice the beneficiaries. You will be paid when Staff Renter is paid by the beneficiary. Staff Renter’s service is limited to the services explicitly described in this paragraph. You agree to be available for confirmation by electronic means or in person and to answer questions from Staff Renter and the beneficiaries, in order to allow Staff Renter to render services. You agree that these Staff Renter services will in no way create an employer-employee / employee relationship between Staff Renter and you or between a beneficiary and you, or any other obligation or guarantee on the part of Staff Renter towards you, others than those expressly provided for in this paragraph.
The self-employed worker undertakes to provide an invoice for a self-employed worker in his personal name or an invoice from an existing legal entity which will have provided the services to Staff Renter for services rendered after each mandate or call for tenders made and completed, or a grouped invoice in connection with multiple mandates or calls for tenders. Staff Renter provides the self-employed with a free self-employed invoicing tool so that they can produce, create and generate these invoices. If the self-employed person has their own self-employed invoicing system, then they are free to produce and generate these invoices and send them to Staff Renter. Staff Renter reserves the right to refuse an invoice for a self-employed worker for lack of necessary information and will ask in this case to remedy the situation in order to be able to issue a payment to the self-employed worker in due form.
Insurance: As a self-employed worker, the self-employed worker undertakes to maintain at his own expense any insurance required in connection with the performance of the services. This includes without limitation any personal and medical insurance for care, disability, injury and other medical or paramedical conditions, medication, life insurance and other personal and professional insurance, as well as appropriate liability insurance for the type of services rendered to beneficiaries . The self-employed worker expressly acknowledges that neither Staff Renter nor the beneficiary will maintain such insurance towards him and that he remains solely responsible for any damage or injury caused during the performance of the services. The self-employed worker also recognizes that as a self-employed worker he will not be entitled to the payment of vacation or other benefits generally reserved for employees. He also undertakes to compensate Staff Renter and the beneficiaries for any damage they cause them.
Our definition of “self-employed”:
The self-employed person is a person who works independently on his own account, and not as an employee on behalf of another person. He can also be designated as “independent contractor”, “service provider” or “consultant”. He has great autonomy in the choice of his clients and his working method. The self-employed person is in no case an employee or employee of the company or the client who provides him with mandates, and his work is not carried out under the direction and control of an employer, from a point of hierarchical view, although he must follow the instructions of his client. He must in particular take out his own insurance, is responsible for the damage he causes and is not entitled to statutory holidays or other paid by his client or other benefits.
By this fact, by accepting these GTC, you will be considered and treated, and agree to be considered and treated, as a self-employed worker.
Non-solicitation: During the term of the mandate and for a period of one year thereafter, you agree not to solicit or accept a job offer or other mandate from the beneficiary (or from an agency other than Staff Renter serving it), without first going through Staff Renter.
For confidentiality purposes, you should also not provide your personal information to the recipient. If he has questions, you can tell him to contact the agency at 514-360-2196. In the same way, you must in no case take or communicate information relating to the beneficiary. All information must remain confidential.
It goes without saying that you will need to obtain written permission from Staff Renter for any deviation from this clause.
Duration: The contract comes into force on the date of acceptance of these GTC and will remain in force as long as you are registered with Staff Renter.
Respect for the laws: Each of the parties undertakes to respect the laws which are applicable to it. In terms of legislation relating to personal information, you agree that Staff Renter (a) uses the personal information it was provided when registering for the services and thereafter (including without limitation your CV) for the purposes performance of the contract, mandate, invitation to tender or any other service and (b) communicate this personal information to the employer or the beneficiary or a third party in the context of the performance of the services.
Termination: Staff Renter may terminate the contract for any reason, at any time, by written notice to the self-employed worker or you. If you cease, omit or refuse to perform the mandate or breach any of your obligations under the contract or are in breach of any clause of the contract, including these GTC, in whole or in part (“breakage”), and that Staff Renter, by acting reasonably, judges that said breach can be corrected, Staff Renter, before terminating the contract, will give you written notice of said non-performance. You have five (5) calendar days (or more with the authorization of Staff Renter) from the date of receipt of said notice to correct the non-performance. If the non-performance is not corrected, if Staff Renter determines that the non-performance cannot be corrected, or if you act dishonestly, negligently or fraudulently, or provide false or intentionally incomplete information to Staff Renter (“a fault “), Staff Renter may give you written notice of termination of contract for non-performance, with immediate effect upon receipt, without prejudice to all of its other rights and remedies. In the event of such termination for breakage or gross negligence, you will not be entitled to any refund or payment of invoice issued. You can also immediately terminate the contract if Staff Renter commits a material breakage and does not remedy this breakage within fifteen (15) working days from the date of receipt of a written notice of defect to this effect by yourself.
Force majeure: Staff Renter will not be liable for any delay or failure in the performance of any obligation under the contract which is caused by an event which is a natural disaster, war, epidemic or pandemic or any other event constituting force majeure and independent of Staff Renter’s reasonable will and not arising from any fault on their part..
Confidential Information: The expression “confidential information” refers to information of a confidential, technical, strategic or commercial nature, including, but not limited to, all data, documents, information of a confidential nature, technologies, concepts, processes, methodologies, business plans, products and services, lists of customers or beneficiaries, prices and other financial information, whether or not covered by intellectual property rights, which are in the possession of Staff Renter or which belong to it or which are in the possession of, or belong to, its affiliated entities, its customers, suppliers or subcontractors, written or verbal and whether or not explicitly designated as confidential. You agree to maintain the strict confidentiality of confidential information obtained under the contract and to use it only for the purposes of discharging your obligations and otherwise not to disclose it, directly or indirectly, to a third party, and not to not use, reproduce, summarize, evaluate or integrate them into or out of your activities. At the request of Staff Renter, you must promptly provide any confidential information obtained. You agree that the contract is confidential information and should not be disclosed without the express written consent of Staff Renter. In addition, you agree to keep your username and password confidential and in a safe place. You are solely responsible for any loss or unauthorized use of this username and password. For confidentiality purposes, you should also not provide your personal information to the recipient. If he has any questions, you can tell him to contact Staff Renter at 514-360-2196. In the same vein, you must in no case request or take confidential information from the beneficiary.
Advertising: Unless you have obtained the prior written consent of Staff Renter, you may not use or disclose any information whatsoever on the contract, mandate, tender or its execution, the name of Staff Renter or any associated entity, Staff Renter’s trademarks, photographs, logos or any other information identifying Staff Renter in any advertisement or publicity in any means whatsoever, including, but not limited to, any printed matter, program, advertising material, website or social media maintained by or for the client.
Guarantee: Staff Renter guarantees that the services will be carried out diligently and in good faith, making commercially reasonable efforts of Staff Renter. TO THE EXTENT PERMITTED BY LAW NO OTHER WARRANTIES, IMPLIED OR EXPLICIT, INCLUDING, WITHOUT LIMITATION, A GUARANTEE OF QUALITY, PERFORMANCE OR RESULTS, ARE NOT GIVEN TO YOU.
Liability: The self-employed worker or you agree to indemnify Staff Renter, its agents, administrators, directors, employees, and its affiliated or associated companies, successors, successors in title, subcontractors, suppliers, beneficiaries and customers (“indemnified parties”) ) in respect of all losses, damages, damages, costs and expenses of any kind (including, without limitation, reasonable attorneys’ fees and other costs for opposing a defense to an action) (the “responsibilities”) that these indemnified parties may suffer or incur in relation to the execution or any non-performance by you under the contract, except to the extent that these are attributable to the sole gross negligence or willful misconduct by Staff Renter. IN NO EVENT SHALL STAFF RENTER OR ONE OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY LOSS OF PROFITS OR BUSINESS, NON-REALIZATION OF EXPECTED SAVINGS, LOSS OR DAMAGE OF DATA, LOSS OF PACKAGE OR REPUTATION, OR ANY INDIRECT DAMAGE, RESULTING FROM OR RELATING TO THE CONTRACT. THIS EXCLUSION SHALL APPLY EVEN IF STAFF RENTER COULD REASONABLY FORESEEN OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL STAFF RENTER’S TOTAL LIABILITY UNDER THE CONTRACT OR EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE VALUE OF THE SERVICES THAT WERE PAID TO YOU IN CONNECTION WITH THE CONTRACT DURING THE PERIOD OF THE YEAR PRECEDING IMMEDIATELY FIRST EVENT HAVING CAUSED A CLAIM AGAINST STAFF RENTER IN CONNECTION WITH THE CONTRACT. THESE LIMITATIONS OF LIABILITY APPLY OVERALL TO ALL CLAIMS MADE AGAINST STAFF RENTER ARISING OUT OF OR LINKED TO THIS AGREEMENT AND APPLY THAT THE CLAIMS ARE MADE ON THE BASIS OF THE CONTRACT, EXTRA-CONTRACTUAL LIABILITY (INCLUDING) ON A STATUTORY BASIS OR OTHER. IN ADDITION, IN NO EVENT SHALL STAFF RENTER OR ONE OF ITS AFFILIATED COMPANIES BE LIABLE IN CONNECTION WITH ANY VIRUS, ANY DISEASE OR ANY OTHER MEDICAL CONDITION CONTRACTED BY YOU ON THE PLACE OF PERFORMANCE OF A MANDATE OR AT STAFF RENTER OFFICES OR IN A PLACE TO WHICH YOU DIRECT STAFF RENTER.
Notice: Any notice, consent or other communication hereunder must be given in writing and delivered by hand, by recognized messaging service or by email, in the case of Staff Renter to email@example.com or at 2325 rue Center , Suite 302, Montréal, Québec H3K1J6, and in the case of the self-employed worker or you at the contact details provided during this registration for services. The notice is deemed to have been received by its recipient (i) the day it was so personally delivered, if it is delivered personally, (ii) the day an acknowledgment was received signed, if sent by courier, or (iii) on the date shown on the electronic acknowledgment, or its effective date of receipt, if sent by email.
Assignment: The contract or the GTC may not be assigned, or be the subject of any other provision, in whole or in part, by you without the prior written consent of Staff Renter, and any assignment or arrangement made without the written consent of Staff Renter will be considered null and void. Staff Renter may assign this contract, in whole or in part, or contract its obligations under the contract, at its sole discretion.
Independent Contractors: The parties hereto are independent contractors who engage in the operation of their respective businesses. Neither party is an employee of the other party for any purpose, nor should it be construed as being so. No party has the power to enter into contracts or assume obligations for the other party or to give guarantees or make representations on behalf of the other party. No stipulation of the contract can be interpreted as establishing between the parties a relationship of partners or Co-entrepreneurs.
Autonomy of clauses: If a condition or stipulation of this contract is invalid, illegal or unenforceable by virtue of a rule of law or public order, all the other conditions and stipulations of this contract nevertheless remain fully in force and produce all their effects as long as the economic or legal essence of the operations envisaged by the present is not affected in a manner appreciably unfavorable for one or the other party. Once it is thus established that a condition or stipulation is invalid, illegal or unenforceable, the parties hereto must negotiate in good faith to modify the contract so as to carry out as faithfully as possible the original intention of the parties in a mutually acceptable manner, so that the operations contemplated herein are carried out in the manner initially envisaged to the fullest extent possible. The titles of the articles of the contract are only intended to facilitate reading; they are not part of the contract and can in no way affect its interpretation.
Survival: The obligations of the self-employed worker or you under the following clauses: (Confidential information), (Advertising), (Liability), (Waiver), (Applicable law) and (Disputes and jurisdiction) as well as any other obligation of these GTC which, by its character and context, is intended to survive, must survive the termination or expiration of the contract for any reason.
Renunciation: A failure or a delay to exercise or rigorously apply one or the other of the stipulations of the contract by a part or to demand at all times the execution by the other part of one of the stipulations of the present does not have to in no way to be interpreted as a waiver of these stipulations nor does it affect in any way the validity of the contract or of a part of it, or the right of a party to subsequently apply each of these stipulations.
Applicable law: The contract is governed by and interpreted in accordance with the laws of the province of Quebec, excluding its conflict of laws rules, as well as the laws of Canada that apply therein.
Disputes and Jurisdiction: The parties shall endeavor to resolve any disagreement, dispute, controversy or claim arising out of or relating to this contract, or the violation, termination, invalidity or interpretation of any part of the present amicably. The parties undertake to make every effort, in good faith, to settle the dispute amicably. If the parties cannot settle the dispute within thirty (30) days of the start of the dispute, each of the parties, unless agreed otherwise, irrevocably and unconditionally: a) accepts that any trial, legal action or other legal proceeding instituted as a result of these terms or of the contract be submitted to the courts of the province of Quebec, City of Montreal; b) consents to the sole jurisdiction of this court for this trial, legal action or legal proceeding; and c) renounce any objection to the choice of one of these courts as the place of this trial, this legal action or this judicial procedure. Notwithstanding the above, each of the parties has the right to request an injunction before a competent court in order to protect their confidential information or their intellectual property rights.