GENERAL TERMS AND CONDITIONS CLIENT / BUSINESS

 

Purpose:
These general conditions (“GTC”) govern the contractual relationship between Agence Staff Renter Inc. (“Staff Renter”) and you, a customer registering for Staff Renter services through its website and / or its intranet (“you” or the “client”, and collectively with Staff Renter, the “parties”). By clicking “Accept”, making a staff request or welcoming a candidate to your establishment, 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 in connection with any mandate. to be granted (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 of the present. 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. If these changes cause material damage to the customer or substantially increase its obligations, the customer will have the right to refuse these changes and to terminate the contract only if he does not get along with Staff Renter or if Staff Renter does not waive the changes.

Agency licence CNESST: AP-2404360

GENERAL CLAUSES

ALL SERVICE COMBINED

Liability and insurance:
It is understood between the parties that Staff Renter will in no case be considered as the employer of the candidate or employee, and makes no representation as to their status as employee, self-employed or other, and will therefore not assume no responsibility or formality for this purpose (all charges if applicable (contributions, payroll management, insurance, holidays, etc.) are the responsibility of the aforementioned person or of the client and not of Staff Renter). Staff Renter will not be liable if the aforementioned person causes material or bodily injury or damage, and will not maintain any insurance to this effect. The client agrees to maintain all the insurance required to cover the potential damage that may be caused in connection with the contract, including liability insurance covering candidates and employees. Also, Staff Renter does not perform any criminal background or credit check on the aforementioned, unless agreed in writing with the client. You must ensure security at the scene of the event. You therefore waive all legal proceedings or any other claims against Staff Renter. The client will hold Staff Renter harmless in the event of any claim against Staff Renter or any damage suffered by Staff Renter. EXCEPT FOR THE GUARANTEES EXPLICITLY GIVEN IN THESE TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF QUALITY OR THE LIKE. 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 FORECAST OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. STAFF RENTER’S TOTAL RESPONSIBILITY TOWARDS THE CUSTOMER OR THIRD PARTIES UNDER THE CONTRACT OR ARISING OUT OF IT SHALL NOT EXCEED THE TOTAL AMOUNT OF THE VALUE OF THE SERVICES THAT WERE PAID TO STAFF RENTER BY THE CUSTOMER IN CONNECTION WITH THE CONTRACT DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT THAT HAS CAUSED A CLAIM AGAINST STAFF RENT IN CONNECTION WITH THE CONTRACT. THESE LIMITATIONS OF LIABILITY APPLY GLOBALLY 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 OR THE CANDIDATES ON THE PLACES OF PERFORMANCE OF A MANDATE OR AT OFFICES OF STAFF RENTER OR IN A PLACE TO WHICH THE CANDIDATES WILL BE DIRECTED.

Compliance with laws:
Each of the parties undertakes to comply with the laws applicable to it, in particular any law or regulation regarding the protection and use of personal information. In matters relating to personal information legislation, the client consents to Staff Staffer (a) using the personal information it provides for the purposes of performing the contract, and (b) communicating it to the employee in as part of the performance of the services as required, and the client represents having the rights to provide the personal information it provides to Staff Renter.

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, a war, an epidemic or pandemic or any other event constituting a force majeure and independent of the reasonable will of Staff Renter and not arising from any fault on his part.

Confidential information:
Under the terms of the contract, 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 clients or candidates or employees, prices and other financial information, whether or not subject to rights of intellectual property, which are in the possession of or belong to Staff Renter or which are in the possession of, or belong to, its associated entities, customers, suppliers, candidates, employees or subcontractors, written or verbal and designated or not explicitly as confidential. The customer undertakes to preserve the strict confidentiality of the confidential information obtained under the terms of the contract and to use it only for the purposes of discharging its obligations and otherwise not to disclose it, directly or indirectly, to a third party, and not to use them, reproduce them, summarize them, evaluate them or integrate them within or outside the framework of its activities. The client agrees that the contract constitutes confidential information and that it must not be disclosed in the express written consent of Staff Renter.

Publicity:
Unless having obtained the prior written consent of Staff Renter, the client may not use or disclose any information whatsoever on the contract or its execution, the name of Staff Renter or any associated entity or client or supplier. , their 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 print, broadcast, advertising material, website or social media maintained by or for the client.

Compensation:
The customer undertakes to compensate Staff Renter, its agents, administrators, directors, employees, and its affiliated or associated companies, successors, successors in title, subcontractors and customers (“indemnified parties”) with respect to the ” all losses, damages, damages, costs and expenses of any kind (including, without limitation, reasonable attorneys’ fees and other costs to defend a claim) ( the “responsibilities”) that these indemnified parties may undergo or incur in relation to the performance or any non-performance by the client under the contract, except to the extent that these are attributable to gross negligence or willful misconduct by Staff Renter. The client also allows Staff Renter to perform an “audit” on the client’s books and documents on notice and during normal business hours to the extent required to verify the client’s compliance with the provisions of this contract.

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 info@staffrenter.com or at 2325, Rue Center, Suite 302, Montreal, Quebec H3K 1J6, and in the case of the client 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:
This contract may not be assigned, or be the subject of any other provision, in whole or in part, by the client without the prior written consent of Staff Renter, and any assignment or arrangement made without the written consent of Staff Renting will be considered null and void. Staff Renter may assign this contract, in whole or in part, or subcontract 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 the agent or 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 client’s obligations under the clauses (Confidential information), (Advertising), (Liability), (Waiver), (Applicable law) and (Disputes and jurisdiction) as well as any other obligation of the contract which, by its nature and the 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 present contract by a party or to demand at all times the execution by the other party of one of the stipulations of the present must in no way be interpreted as a waiver of these stipulations nor does it affect in any way the validity of this contract or of a part of it, or the right of a party to subsequently apply each of these stipulations.

Applicable law:
The conditions of this contract are 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 which 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.

Execution:
This contract can be executed in several copies; each copy executed representing an original and all the copies together making up a single instrument. Any signature page sent by fax or email (pdf or photo format) will bind the parties in the same way as an original signature. Any party who delivers such a signature page agrees to deliver the original upon request of any party.