Terms and Conditions

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These Terms and Conditions to Provide Staffing Services (“Terms and Conditions”) is agreed upon by the Client and UWORK INC.  The parties acknowledge that the Client has received and agreed to the Pricing and the Terms and Conditions to Provide Staffing Services (“Terms and Conditions”), and any additional agreements attached.  The parties agree that the Terms and Conditions on all Schedules are fully incorporated herein as part of this Agreement.

UWork Inc. agrees to provide employees to work under Client’s supervision to assist in Client’s business activities at the rates set forth in Pricing based on the following terms:

All Employees dispatched are Employees or direct sub-contractors of UWork Inc.  If the Client uses the services of any UWork Inc. Employee as the Client’s own direct Employee, as an independent contractor, or through any person or firm other than UWork Inc. during or within the aforementioned Transition Period from the first (1st) day the Employee performed work in the Client's site; the Client must notify UWork Inc.  The Client may (a) continue the Employee’s assignment from UWork Inc. for the completion of the agreed-upon Transition Period; or (b) the Client shall remit payment of the Transition Fee to UWork Inc. if the Client wishes to Directly hire the Employee.

Safety

UWork Inc.’s employees will be under Client supervision, Client will include Employees in Client’s safety program, provide any necessary site-specific safety training and equipment, comply with safety regulations, and honour all provisions of UWork Inc.’s “Corporate Health and Safety Policy”.  The client allows UWork Inc. to conduct periodic site visits to all sites where the Employees are or will be assigned.  The Client will determine the competence of the Assigned Employee upon arrival and prior to allowing the Employee on the floor to begin their assignment.  The Client will provide initial and ongoing training and supervision to ensure the continued competence of the Assigned Employee. The Client agrees to make any and all UWork Inc. Employees aware of the Health & Safety Programs of their own Health & Safety in specific operation, which may include training/instruction.  It is the responsibility of The Client to provide additional safety equipment beyond basic PPE (hard hat, steel toe safety boots, and high visibility shirt/vest) to perform the Position in a safe manner.  All UWork Inc. employees have signed an agreement that they will wear any and all required Personal Protective Equipment.  It is the Client’s responsibility entirely to determine that the Employee is able to drive and/or operate any machinery/equipment entrusted to the Employee.  It is agreed and understood that the Client assumes all risk in respect thereof.

Supervision

The Client understands the UWork Inc. will not be providing supervision services for its Employees under these Terms and Conditions and the Client shall be responsible for supervising and directing the activities of the Employees.  The client acknowledges that UWork Inc. shall not be responsible in any way for obligations of Client’s project, including (without limitation) the construction schedule, trade scope details, construction details, performance guarantees or accuracy of warranties of construction.  Nor shall UWork Inc. have the responsibility with regards to shortages or any loss resulting from theft, negligence, loss or damage on the part of the assigned Employees for materials or installation, acquiring permits, conducting site safety meetings, posting signs, providing water or power, delays, defaults, or furnishing a bond.  UWork Inc.’s sole warranty hereunder is the replacement of unsatisfactory Employees without charge according to the Performance Guarantee (Pricing).

Tracking and Time-Sheets

The Client acknowledges that all UWork Inc. Employees are required to use the UWork App punch clock tracking system to record working hours.  Furthermore, the Client agrees to confirm each Employees hours on a daily or weekly (Saturday - Sunday) basis to be completed and submitted to UWork Inc no later than Monday of each week by 10:00 am for the term of this agreement.  UWork Inc. may provide the Client with time-sheets if requested or confirm the hours using the Client’s submitted time-sheets.  For Long-Term and Skilled Trades with set weekly hours, other forms of timekeeping may be negotiated between the Client, the Employee, and UWork Inc.  Any discrepancy regarding hours worked will default to the Time-Sheets submitted.  

Invoicing

The Client will be invoiced based upon the hours confirmed using the UWork App tracking system and/or the time-sheets submitted by the Client to UWork Inc.  All Client time-sheets must be submitted by 10:00 am Monday the following scheduled workweek to ensure prompt and efficient payroll processing and invoicing. 

Terms and Conditions

The Client acknowledges receipt of and agreement to the Terms and Conditions on all schedules which are fully incorporated herein.

Pricing    

Pricing is reflective of the Employee’s qualifications, responsibilities, expectations, licensing, and experience as requested by the Client.  All UWork Inc. pricing is subject to a 13% Harmonized Sales Tax or the location’s federal and provincial/state tax equivalent.

Transition Fee: The charge to the Client to obtain a direct-hire* after the Employee completes the Transition Period. If the Client is looking to direct-hire* an Employee prior to the Transition Period being completed, a different price must be agreed upon via email.

Note: Rates listed above are a baseline and may be increased for major metropolitan areas. Any increase can be sent and agreed upon by email or by posting in the web dashboard

Employee Description: The category or position the Client has requested staffing services from UWork Inc.

Charge Rate: The hourly charge to the Client is inclusive of WSIB/WCB/equivalent provincial or state worker's safety insurance and subject to HST or equivalent state and federal sales tax.

Performance Guarantee: The duration of time from the arrival of the Employee on site, that the Client may cancel an Employee without charge or discrimination due to dissatisfaction of said employee.  This Performance Guarantee is applicable only to the initial day of work scheduled.

Minimum Order: The minimum hours permitted to be scheduled per day of work.

Transition Period: The total working hours each Employee must complete before being available for direct-hire*.  If the Client is desirous in Directly Hiring any Employee, they must notify UWork Inc. immediately of their intentions prior to approaching the candidate.

*Direct Hire option may not be available for all Employees.

These Terms and Conditions to Provide Staffing Services (“Terms”) are entered into between the Client and UWork Inc.  The parties agree that UWork Inc. is a vendor of staffing services (“Employees”) and the Client has requested that UWork Inc. provide Employees to assist the Client in the Client’s business activities.  The parties acknowledge that they have read, understand, and agree to all the terms and conditions set forth below.

1.    Duties of UWork Inc.

(a)    UWork Inc. shall pay Employee wages as due and withhold from Employee wages and promptly pay to the appropriate governmental agencies all required payroll taxes. 

(b)    UWork Inc. shall provide Workers’ Compensation insurance for the Employees in accordance with the law.            

(c)    UWork Inc. is an equal opportunity employer.

2.    Payment Terms

(a)    The Client shall confirm hours with UWork Inc. via the use of Time-sheets, or otherwise negotiated accurate practice of time-keeping. (see Tracking and Time-Sheets)

(b)    The Client shall be billed and invoiced for each Employee a minimum of four (4) hours upon the Employee’s arrival on site.  Regardless of actual hours worked, upon arrival the minimum hours billed will be four (4) hours.  Cancellations must be made 48 hours prior to scheduled and agreed upon work day/shift, failure to do so will result in a $50.00 charge per Employee on regular invoicing.

(c)    The Client shall pay for billing time commencing upon the Employee’s arrival at the requested time and pay overtime charges as applicable to overtime paid according to law at a rate of 1.5 times the agreed-upon rate.  The Client agrees to pay Holiday Pay as mandated by Provincial Law.  Employees who have worked exclusively for the Client 128 hours or more during the four (4) weeks prior to the Holiday will be automatically charged the Client on regular invoicing.  Holiday Pay is mandated in accordance with Provincial Law.

(d)    The Client shall receive and make remit payment on weekly invoices from UWork Inc. for the Employees provided according to the agreed-upon rates.  Invoices are due within 7 days of the invoice date.  The Client agrees to pay interest charges at a rate of 2.5% per month, or the maximum rate permitted by law, together with reasonable lawyer’s fees and/or collection fees for invoices that are unpaid for more than thirty (30) days after the date of invoice.  The Client’s failure to dispute in writing the charges on any invoice within 24 hours of receipt shall constitute irrevocable acceptance of such charges and a waiver of the right to later dispute or reject any changes on the invoice.

(e)    The hourly rates and transition fees set forth in Schedule Two are subject to adjustment by UWork Inc. at any time to reflect increases in UWork Inc.’s actual cost of wages, any employment or legislation related cost, withholding amounts, governmental taxes, assessments and workers’ compensation insurance coverage.  For increases in the minimum wage, on the day the minimum wage increases, the bill rate will increase in proportion to the costs associated with the minimum wage increase.  For all other increases, UWork Inc. will provide 30 days’ notice in writing either through mail or email to be agreed to by all parties.  On January 1st of each calendar year, the rates will increase by an amount equal to the cost of living percentage increase over the previous year.  

3.    Safety and Compliance 

(a)    The Client agrees to comply with all applicable laws and ordinances relating to health and safety on the job site, and agrees to include each Employee in the Safety Program which covers the Client’s own employees in the performance of similar work and to provide Personal Protective Equipment (“PPE”), clothing, or devices necessary for any work to be performed or used the Client’s own employees in the performance of similar work and ensure the proper use of the PPE by any Employee assigned by UWork Inc. to the Client’s worksites.  The Client agrees to provide site-specific safety orientation and training to each employee prior to any work.        

(b)    UWork Inc. and the Client shall comply with all applicable federal, provincial, and local laws and regulations concerning employment.  Including but not limited to: wage and hour, breaks and meal period regulations, and the hiring and discharging of employees.  UWork Inc. and the Client shall provide a workplace free from discrimination and unfair labour practices.  

(c)     The Client agrees to give UWork Inc. notice of the end date of an assignment longer than 30 days in duration.  The Client shall give seven (7) days notice prior to the end of any assignment over thirty (30) days in duration.  

(d)    The Client shall determine during the term of the applicable Performance Guarantee whether Employees meet the Client’s skill, competency, experience, or other requirements, and only assign the Employee's duties consistent with their skills and abilities.  UWork Inc. will place Employees in positions that match the Client’s requirements, although it is the responsibility of the Client to deem the Employee meets the requirements of the Client within the Guarantee.                                            

4.    Supervision and Scope of Services

(a)    The Client understands that UWork Inc. will not be providing supervision and that the Client shall be responsible for supervising and directing the activities of the Employees. The Client shall provide a competent worker as defined by the Occupational Health & Safety Legislation.  The Client shall not allow any Employees to engage in any unsafe practice and shall provide any site-specific safety orientation, training, and equipment or other devices necessary for the work to be performed.

(b)    Without the prior written agreement between the Client and UWork Inc., the Client shall not entrust the Employees with the case of unattended premises, custody or control of cash, credit cards,  or similar property unless specified as a requirement of the position.   Nor will the Client allow the Employees to operate machinery, equipment or motor vehicles, to operate scaffolding or elevated work platforms unless specified as a requirement for the position.

5.    Insurance and Indemnity

(a)    UWork Inc. holds General Liability Insurance coverage to $2,000,000, the Client agrees to maintain their own insurance coverage not less than $1,000,000.

(b)    UWork Inc. will pay all Workplace Safety Insurance Board premiums associated with Employees.  These premiums are typically inclusive in the Charge Rate set out in Pricing but inclusivity may be determined by the industry the Client is a part of.

(c)     UWork Inc. shall not be responsible for any damage, injury, or claims to Client or Client’s equipment or property, including third-party equipment or property.

(d)    The Client must advise UWork Inc. when the use of power tools, equipment, heavy equipment, machinery, or vehicles will be used in any capacity.  The Client will be responsible for deeming the Employee fit to use said equipment. 

(e)    The Client will have Automobile Insurance in any circumstance where a specific class of license has been requested, and a licensed vehicle in any capacity is being used by the Employee.

(f)    UWork Inc. will ensure all Employees have the necessary certifications/licensing/tickets for the requested position when requested by the Client.  It is the responsibility of the Client to communicate this with UWork Inc.

6.    Health and Safety

UWork Inc. is committed to preventing the accidental loss of any of its resources, including employees and physical assets.  In fulfilling this commitment to protect both people and property, management will provide and maintain a safe and healthy work environment, in accordance with industry standards and in compliance with legislative requirements, and will strive to eliminate any foreseeable hazards which may result in property damage, accidents, or personal injury/illness.  We recognize that the responsibility for health and safety are shared. All employees will be equally responsible for minimizing accidents within our facilities and on our work sites. Safe work practices and job procedures will be clearly defined in the company’s Health and Safety Manual for all employees to follow.  Accidental loss can be controlled through good management in combination with active employee involvement. Safety is the direct responsibility of all managers, supervisors, employees, and contractors.  All management activities will comply with company safety requirements as they relate to planning, operation and maintenance of facilities and equipment. All employees will perform their jobs properly in accordance with established procedures and safe work practices.

Refer to 2. Safety and Compliance