These Terms form a binding legal agreement between the User and Workholler (“We” or the “Company”). By posting a job, accepting a job, or otherwise engaging our services (“Service” or “Services”), you agree to accept these Terms & Conditions. You may not use the Service if you do not accept these Terms.
The Service provides a platform where potential employers in the part-time and temporary employment industry (“Employers”) who are looking to fill open Positions or work shifts (each a “Position” or “Shift”) may be matched with potential employees who desire to work on a part-time or contract basis (“Employees”). Employers and Employees are sometimes referred to herein collectively as “Users”.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. Employees also consent to receiving communications from Employers.
By requesting to use the Service, you represent and warrant that you have the right, authority and capacity to enter into legal agreements, and to work in the jurisdiction where the Service is being offered.
No person under the age of 18 may use the Service. Further, no individual under the age of 18 years may register as an Employee or Employer, and by registering, you certify that you are at least 18 years of age. Furthermore, for Employees, you also certify that you are legally allowed to work in Ontario, Canada, and have not committed an offence for which a pardon has not been granted.
You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Service, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of these Terms.
You understand that when using the Service, you will be exposed to Content from a variety of sources, including from Employers and Employees (as applicable), and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, including any ratings, reviews or references by or about Employees or Employers, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Service and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
You may submit Content to the Service. You understand that The Company does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to The Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service.
You retain all of your ownership rights in your Content. However, by submitting Content to The Company, you hereby grant The Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and The Company's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under this TOS. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Company all of the license rights granted herein.
You agree that you will not use the Service to:
b) Proprietary Rights and Improper Disclosure . Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including us, or remove any proprietary notices from the Service; or more generally, transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or transmit or communicate any data or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable..
(c) Viruses and other Disruptions . Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or interfere with or disrupt the Service or our operation of related systems; or modify, delete or damage any information contained on the computer of any user.
(d) Misrepresentation; Spoofing . Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users, including intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file.
(e) Compromise Security Measures . Take any steps to interfere with or in any manner compromise any security measures with respect to the Service or any data or file transmitted, processed or stored on or through the Service; or access our Service by any means other than through the interfaces we provide for such use.
(f) Compliance With Laws. Intentionally or unintentionally violate any applicable local, provisional, national or international law, including any rules and regulations of any securities exchange, any laws, rules or regulations applicable to bulk or commercial email, including the CAN-SPAM Act of 2003, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Service, and any export or re-export laws, rules and regulations.
(g) Harm Others. Harm Minors in any way; “stalk” or otherwise harass other persons.
The Company reserves the right to decide whether Content violates this TOS for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s right to use the Service for submitting such material in violation of this TOS.
Employees using the service will be asked to execute and deliver to The Company an Employment Agreement that governs the engagement of Employee by The Company. By submitting such Employee Agreement, you are consenting to act in accordance with the provisions of such Employment Agreement. If you breach the Employment Agreement in any way, we may terminate, at our discretion, your right to use the Service. Employees who have not executed and delivered an Employment Agreement may be restricted in such Employee’s use of the Service.
By using the Service, you authorize The Company to provide your name, biographical and experience information, including address, contact information (e-mail, phone number or social media address), picture (if provided) to potential Employers. We will not provide Employers with any personally identifiable information (social insurance number, financial or credit card information, phone number, etc.)
Your use of the service may or may not result in employment opportunities for you. USE OF THE SERVICE IS NO GUARANTEE OF PLACEMENT WITH AN EMPLOYER OR OF PAYMENT TO YOU OF ANY KIND. WE SHALL HAVE NO OBLIGATION TO YOU TO FIND YOU SUITABLE OR SUFFICIENT EMPLOYMENT OR TO CONNECT YOU WITH ANY EMPLOYER. WE SHALL HAVE NO LIABILITY TO YOU FOR FAILURE TO PROVIDE YOU WITH EMPLOYMENT OPPORTUNITIES. Payment of wages (if any) to you, and your rights with respect to Employers is set forth and governed by the Employment Agreement.
You are responsible for payment of all federal, provincial and local taxes and payroll taxes applicable to you with respect to any employment opportunity obtained through the use of the Services. We may withhold certain taxes from any payments to you in order to comply with applicable law. You agree to indemnify and hold us harmless from any damages we may incur if you fail to pay your taxes when due.
The Company acts within accordance of Ontario Labour laws or any labour laws of provinces or states where we officially operate. Therefore, you must adhere to any laws that deal with breaks, overtime, or eligibility.
The Company DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR COSTS, DAMAGES, EXPENSES OR OTHER LIABILITIES INCURRED AS A RESULT OF THE ACTIONS, INACTIONS OR FALSE STATEMENTS OF AN EMPLOYER. The Company is not responsible for the conduct of any Employer. You are solely responsible for your interactions with any Employer.
Employers shall pay to The Company (and not to the Employee) a fee as set forth in the Service for each Shift successfully filled by an Employee (the “Fee”). Fees may vary based on the type of Shift and the experience required of the Employee. We reserve the right to revise the Fees and it is your responsibility to review the applicable fee chart and shall be responsible for all Fees incurred under your User account, regardless of your awareness of such Fees or the amounts thereof. All Fees are processed through a third-party payment processing service. The Company is not responsible for the actions of such third-party servicer, and may change such servicer at any time.
Employers, by engaging in our Services, warrant, covenant and agree to the following:
(h) You are legal company established in Ontario, with proper license by the applicable governmental authorities for the provision of temporary employment, and is legally allowed to operate and hire staff in the jurisdiction.
(i) You are using the Services in order to locate Employees for the staffing of an open Shift, and not as a recruitment, or employment search tool.
(j) You will contact Employees only for the purpose of staffing an existing Shift and not for any other purpose.
(k) You are an equal opportunity employer and will not discriminate in your selection of Employees on the basis of sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity or pregnancy.
(l) You will provide sufficient instruction to any selected Employee in order to allow such Employee to successfully work the Shift.
(m) You will not harass, menace, abuse, assault, or mistreat any Employee, whether selected for a Shift or otherwise, before, after or during your use of the Services.
(n) You will comply with all applicable laws, rules and regulations associated with your establishment and shall be solely responsible for any violations of such provisions.
(o) You will promptly pay to The Company, upon an Employee’s completion of a Shift, all Fees due for the staffing of a Shift, irrespective of the performance of the Employee, provided that unsatisfactory performance of an Employee may entitle you to a rebate or refund pursuant to our Refund Policy.
You acknowledge and agree that any tips provided to an Employee working a Shift are the property of the Employee, and will not be subject to withholding by you. We will be responsible for all taxes and withholding with respect to the Employees. You are responsible for all taxes, fees, and other charges associated with your establishment and the services you provide (including all sales, excise, value added or other use taxes). You will also act in accordance with local labour laws with regards to breaks, overtime, and safety.
WE ARE NOT LIABLE AND ACCEPT NO RESPONSIBILITY FOR THE ACTIONS, INACTIONS OR OMISSIONS OF THE EMPLOYEES CONTACTED BY YOU TO FILL A SHIFT. WE ARE NOT RESPONSIBLE FOR ANY COSTS, DAMAGES, EXPENSES OR LIABILITIES INCURRED BY YOU (A) DUE TO AN EMPLOYEE’S FAILURE TO FILL A SHIFT, (B) DUE TO AN EMPLOYEE’S FAILURE TO PERFORM THE SERVICES REQURIED OF SUCH EMPLOYEE IN ORDER TO FILL A SHIFT, (C) ANY LOSS OF CUSTOMERS, PROFITS, BUSINESS, GOODWILL OR OTHER REPUTATIONAL DAMAGE CAUSED BY THE ACTIONS OR INACTIONS OF AN EMPLOYEE. Your sole remedy for the failure of an Employee to provide adequate services is a refund of Fees pursuant to our Refund Policy.
Employer must abide by Ontario Labour Law, including but not limited to adherence to Minimum Wage laws, mandatory breaks, training, and other provisions as under the Law or under applicable bylaw in your industry.
1. We are not liable for misrepresentations made by the Employee.
2. We are not liable for any damage caused by Employee before or after being hired.
3. We are not liable for any damages caused by Employee not showing up for work.
4. Our Services terminate once the Employer has either hired an Employee, or the Job is terminated/expired/cancelled from our website or app.
5. All communications and transactions between Employer and Employee are solely the responsibility of each party, and not that of Workholler.
We collect personally identifiable information from the users of the Service.
(p) COPYRIGHT AND TRADE MARK POLICIES. We respect the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of Users who may be repeat infringers.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY US, DUE TO OR ARISING OUT OF DATA OR CONTENT THAT YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SERVICE, YOUR USE OR MISUSE OF THE SERVICE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
DISCLAIMERS AND LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Release. In the event that you have a dispute with one or more Users, you agree to release us (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Services or filling of a Shift. Furthermore, you expressly waive any rights you may have which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Certain provisions of this TOS may be superseded by expressly designated legal notices or terms located on particular parts of the Service. We may, at any time, modify the Service, or stop (permanently or temporarily) providing the Service (or any features within the Service) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of this TOS; or if the provision of the Service to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of this TOS continue in effect but you will no longer be able to use the Service; termination shall not relieve you for liability for breach occurring prior to termination.
We may desire to make changes to this TOS from time to time to update it, for example to add references to different products and services, or provide for payment for the use of the Service.: We may specify amended or updated terms that apply to the use of Service after the effective date of such amendment or update, and we will make a new copy of this TOS available to you and may require you to accept it as a condition to the continued provision of the Service to you. In addition, the continued use of the Service after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of this TOS shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
3.1 In consideration of We providing the Services, you agree to pay the applicable Fees to We. The specific Fees you will pay will depend on which Services you use, and are as specified in each applicable Addendum, specified separately by We, or as otherwise separately agreed between you and We in writing.
3.2 The payment terms for the Fees shall vary depending on the type of Service they relate to. These payment terms are specified in the relevant Addendum. If however no such payment terms are specified then the Fees will be payable within 7 days of the date of any invoice of We relating to the same. We may also require some or all of the Fees to be paid in advance.
3.3 We may require you to provide it with an authorisation to direct debit the Fees from your credit card or nominated bank account. Once authorisation is provided the Fees will be automatically debited by We.
3.4 Unless specified to the contrary, the Fees payable to us under these Terms are expressed to be exclusive of all Taxes. If any Taxes are levied on us in respect of the Fees (or otherwise apply in relation to the supply of the Services), then you must pay an additional amount to us on account of those Taxes, such that after deduction of those Taxes, We receives no less than the Fees.
3.5 Overdue payments will incur interest on a daily basis on the unpaid amount at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).
3.6 A dispute will not affect payment of non-disputed Fees on the same invoice or the payment of any other invoices due by you and you will have no right of deduction or set off. Any disputed amount will still remain payable unless otherwise agreed by We.
3.7 Any costs (including, without limitation, debt recovery and legal costs) incurred by We in recovering amounts overdue will be payable by you.
4.1 You indemnify We against any claim, liability, cost, loss or damage suffered or incurred by We as a result of any failure by you to meet your obligations under these Terms.
5.1 We will maintain the following insurance policies in relation to the Company and its Services:
(a) Workers' Compensation as required by law;
(b) Public Liability for at least $2 million for any one occurrence;
(c) Professional Indemnity for at least $1 million for any one claim including a dishonest of fraudulent act or omission committed for any insured; and
(d) Product Liability for at least $2 million for any one occurrence.
6.1 You agree that We will not be liable or responsible for any failure in, or delay to, the provision of the Services or in We complying with its obligations under these Terms where such failure or delay has arisen as a direct or indirect result of:
(a) your act or omission;
(b) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
(c) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
(d) the failure of any third party to fulfil any obligation to us; or
(e) any other circumstances or event similar to the above which is beyond the reasonable control of We, including labour shortages.
6.2 You acknowledge that the Company has not made and will not make any express or implied warranties in relation to the provision of the Services or any other services provided by We under these Terms other than those warranties expressly contained in these Terms. Subject to clauses 6.4 and 6.6, any term that would be implied into these Terms, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.
6.3 You agree that the maximum liability of We under these Terms for any and all breaches of these Terms and for any negligence in relation to these Terms, will not exceed the amount of Fees paid for the relevant Service to which the breach or negligence relates.
6.4 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation in a relevant jurisdiction) applies to these Terms and permits the limitation of liability for breach of warranty implied by statute, the liability of We is limited, at the option of We, to:
(a) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
6.5 Any of the terms and conditions of these Terms which limit or exclude any term, condition or warranty, express or implied, or the liability of the Company will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies, arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by statute or by the Canadian Law.
7.1 When termination occurs
(a) These Terms may be terminated by We at any time, and for any reason, with or without notice to you. We may effect such termination by written notice to you, by deleting your Account, and/or by removing your access to, or use of, the We App.
(b) You may terminate these Terms at any time by written notice to We. Such termination will also act to terminate the We User Terms, your Account and your use of the We App. Such termination will take effect upon receipt of your notice by We.
(c) You or We may terminate the provision of a particular Service in accordance with the applicable terms set out in the Addendums which are relevant to that Service. Termination of one Service will not, unless otherwise stated in these Terms or an Addendum, act to terminate your use of any other Service.
(d) If either party terminates the We User Terms, then that termination will also be deemed to terminate these Terms under this clause 7.
7.2 Effect of termination
Upon termination of these Terms:
(a) We may delete all data and information which it holds about you, your employees or your Associates in the We App and is under no obligation to provide a copy of that data or information to you;
(c) you must pay any unpaid Fees including those which We are yet to invoice as at the date of termination;
(d) if at the date termination is effected under clause 7.1, you have Temporary Employees undertaking Jobs and/or are using the Payroll Services, then termination of these Terms will be postponed until the later of:
(i) the termination of all Jobs in accordance with the Temporary Employees Addendum; or
(ii) the termination of the Payroll Services in accordance with the Payroll Services Addendum; and
(e) the relevant provisions set out in each Addendum will apply in relation to the termination of each Service.
8.1 Any notice given under these Terms must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
(a) in the case of a notice delivered by hand, when so delivered;
(c) in the case of a notice sent by pre paid post, on the third day after the date of posting;
(d) in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that the facsimile has been successfully sent; or
(e) in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
8.2 These Terms supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms and these Terms, together with the We User Terms, set forth the entire and exclusive agreement and understanding between the parties relating to their subject matter.
8.3 A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under these Terms will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently of these Terms.
8.4 If any provision of these Terms is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms to the intent that the invalid or unenforceable provision will be treated as severed from these Terms.
8.5 We may assign its rights and novate or transfer obligations which arise under these Terms, with or without notice to you. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without the prior written consent of We (which may be withheld). You must not subcontract your rights or obligations under these Terms without the prior written consent of We (which may be withheld).
8.6 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or part of it.
8.7 This agreement is governed by, and must be construed in accordance with, the laws of the Ontario, Canada and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Ontario, Canada.
1.1 You may request the provision of Temporary Employees by submitting the online Staffing Request Form with the Web App and agreeing to pay the applicable Fees (Job), and We will allocate this Job to the first available Temporary Employee. This Addendum will apply each time you request a Job and separately in respect of each individual Job.
1.2 Once a Temporary Employee has been allocated to your Job, that Temporary Employee will be provided to you in accordance with the General Conditions and this Addendum.
1.3 You acknowledge that our Temporary Employees may be subject to minimum shift durations and any other minimum entitlements under their applicable modern award/s during their engagement with you. You must pay any Fees which are associated with We complying with these requirements and must comply with any other conditions stipulated for the engagement by We from time to time.
1.4 You agree that We, or the Temporary Employee, may reject your Job or may determine not to provide services to you for any reason in their sole and absolute discretion. This may occur for reasons including an event described in clause 6.1 of the General Conditions, difficulties with the We App, shortage of labour or other factors beyond the reasonable control of We, or the Temporary Employee.
1.5 You will be liable for the Fees if you cancel a confirmed Job once it has been placed unless expressly permitted otherwise under these Terms or by We in writing. If the terms of any Staffing Request Form differ from these Terms, then these Terms will apply so far as there is any conflict, unless the Staffing Request Form expressly provides that such terms are to override these Terms.
2.1 In addition to the obligations in clause 3 of the General Conditions, you agree to pay the applicable Fees for a Job which may be specified by We in a Rates Card or on the Staffing Request Form. Fees will be calculated based on timesheets submitted by the Temporary Employees.
2.2 The Fees are payable in accordance with the payment terms specified in the applicable Rates Card or on the Staffing Request Form.
3.1 We is responsible to pay the Temporary Employees’ remuneration, superannuation guarantee charges, payroll tax and other taxation required by the ATO and workers’ compensation payments.
3.2 Temporary Employees will be employed by We at all times but you are responsible for ensuring that all necessary supervision and instructions are provided to the Temporary Employees. You acknowledge that that you have direct supervision and management of the Temporary Employees and the outcome of a Temporary Employees’ performance.
3.3 Management of performance issues is the responsibility of We. You must not communicate directly with the Temporary Employees in relation to performance or conduct issues unless you seek the prior consent of We.
3.4 You must not disclose details of the Fees or any associated information with the Temporary Employees.
3.5 You must not change the hours or location of work, the duties or tasks carried out by the Temporary Employees without first seeking We’s consent to change the Job, which may result in a variation to the applicable Fees.
3.6 You are responsible for the working conditions and occupational health and safety of the Temporary Employees providing services at the sites or premises in which you control. You must ensure that your sites or premises satisfy all the requirements and legislation as required by law, including but not limited to:
(a) ensuring that the work environment is safe and free of any risks, hazards and discrimination;
(b) providing necessary induction, health and safety training and supervision of Temporary Employees;
(c) verifying that Temporary Employees have the necessary skills, experience to perform the services safely;
(d) constantly informing and updating We and the Temporary Employees of any changes to the workplace that may impact their health and safety; and
(e) notifying We and the relevant authorities immediately of any workplace-related incidents or injuries.
3.7 You are responsible for protecting your own confidential information and intellectual property. We accepts no responsibility or liability for any associated claim.
3.8 You must not do anything that may cause We to be in breach of employment conditions agreed with Temporary Employees. A copy of We’s standard template employment contract (as used with Temporary Employees) may be provided upon request.
3.9 You must reasonably permit Temporary Employees to take leave where they have an entitlement to do so.
3.10 You must provide training to the Temporary Employees on all of your relevant policies and procedures.
3.11 You warrant that your managers and supervisors are properly trained and have the necessary skills to manage the Temporary Employees.
3.12 Should the Employer offer a longer-term position (> 1 month) to the Employee following a contracted shift, the Employer agrees to pay Workholler a fee of $500 per Employee hired.
3.13 You agree that:
(a) you will advise us in writing within 3 Business Days of the contracting of an Employee. Your written notice must state the name of the Employee and the role in which they have been engaged by you or your Associate, with payment of the $500 fee immediately upon receipt of such written notice.
4. Specific Indemnities Relating To The Provision Of Temporary Employees
4.1 You agree that:
(a) Workholler is a provider of Temporary Employees assigned to work at your business and location under your direction. As such, We has no responsibility for the means or methods used by our Employees to perform their work.
(b) We are not liable on any legal or equitable basis, including in negligence, for any acts or omissions of Temporary Employees.
5.1 Notwithstanding our obligations in clause 5 of the General Conditions, you are responsible for ensuring that the Temporary Employees are adequately covered by any insurance policy held by you in respect of your business.
6. Term And Termination
6.1 The term of a Job will be stated on the relevant Staffing Request Form as determined by you (Job Term). The minimum Job Term is one day.
6.2 If you and Workholler agree to extend a Job beyond the period of the initial Job Term, then the Job Term will be deemed to extend either:
(a) for the period agreed between you and we; or
(b) until such time as it is terminated by you or us providing an adequate amount of notice.
6.3 If a Job is not extended under clause 6.2 of this Addendum, then the Job will terminate at the conclusion of the Job Term.
6.5 In addition to the rights and obligations in clause 7 of the General Conditions:
(a) You may terminate any Job at any time however you will still remain responsible for payment of all Fees in relation to the Job as if the Job had been performed and completed for the period of the entire Job Term (including in respect of any extensions to the Job Term).
(b) If you have any Jobs in effect at the time of termination of these Terms by you or We under clause 7.1(a) or clause 7.1(b) of the General Conditions, then either, as determined by We in its sole and absolute discretion:
(i) those Jobs will continue to be fulfilled and termination of the Terms will be postponed until completion of those Jobs (and you will continue to remain liable for the Fees for those Jobs); or
(ii) such Jobs will also terminate immediately, however you will remain liable for the Fees for those Jobs only until the date of termination.
2.1 In addition to the obligations in clause 3 of the General Conditions, you agree to pay the Fees for Payroll Services as specified in an applicable Payroll Services Payment Schedule.
2.2 Payment of the Fees for Payroll Services must be in accordance with any payment instructions specified in an applicable Payroll Services Payment Schedule, or as provided in clause 3 of the General Conditions.
3. Specific Provisions Relating To The Provision Of Payroll Services
3.1 If We is required to make payments to third parties (including your employees and contractors) on your behalf in connection with the provision of Payroll Services (“Third Party Payments”), then:
(a) you are responsible for calculating all relevant Third Party Payment amounts that are due. If the We App calculates any Third Party Payments, then you are responsible for ensuring the correct information is entered into the We App which will enable it to properly calculate the Third Party Payments;
(b) you must provide We (via the We App or other method specified by We) all information requested by We in relation to the Third Party Payments including, without limitation, the amount payable, the name of the payee, their address and their bank account details (Third Party Payment Information); and
(c) you must provide the Third Party Payment Information by no later than 14 days prior to the date each Third Party Payment must be made.
3.2 Unless otherwise agreed in writing between you and us, We will, on a weekly basis, issue an invoice to you in respect of each Third Party Payment, or one or more Third Party Payments, which We is to pay on your behalf in any upcoming period (Payment Amount Invoice). The full amount of each Payment Amount Invoice must be paid by you to We by no later than 2 Business Days prior to the date that We is due to make the earliest payment described in the Payment Amount Invoice.
3.3 We will use reasonable efforts to accommodate the provision of any Third Party Payment on short notice, however it is under no obligation to do so. If We does however agree to make such a payment, then We will generate an applicable Payment Amount Invoice which must be paid in full (in cleared funds) before the relevant Third Party Payment will be made.
3.5 In addition to the provision of the Third Party Payment Information, you must provide all other information requested by We, which We requires for it to be able to provide the Payroll Services (together the “Payroll Information”). You warrant that all Payroll Information provided is true, correct and accurate in every detail.
3.6 You agree that We shall rely on the accuracy of all Payroll Information provided by you, your employees or Associates and that We is under no obligation to verify the accuracy of that information.
3.7 You agree that We will not be able to properly provide the Payroll Services, and will not be liable or responsible for any failure to provide the Payroll Services (including the making of Third Party Payments) if:
(a) you provide We with incorrect Payroll Information; or
(b) you do not pay a Payment Amount Invoice by the date it is due.
3.8 You agree that you (and if applicable, your employees and contractors) must use the We App to make all use of the Payroll Services, and for the provision of information to We.
3.9 You are responsible for maintaining a copy of all data and Payroll Information which you or your employees or Associates enter into the We App or otherwise provide to We. We is under no obligation to provide any backup of your data or Payroll Information.