This page (together with the documents referred to in it) tells you the terms and conditions on which we supply the services listed on our website, «www.jobboompigistes.com», and other affiliate sites to which access may be granted.
Please read these terms carefully before using our services and print a copy for your own records and reference. You should understand that by registering as a Freelancer/Professional on our website, you agree to be bound by these terms and conditions. We will be unable to provide you with our services if you refuse to accept these terms and conditions.
1.1 www.jobboompigistes.com, and other affiliate sites to which access may be granted, (‘the Site’) is a website operated on behalf of Jobboom by 4FMV Inc (‘JobboomPigistes’), a company incorporated and registered in Canada with offices at 954 King Street West, Suite 510, Toronto, Ontario, M6K 3L9, Canada.
1.2 JobboomPigistes carries on the business consisting of providing services to its clients, and in providing general consultation services to persons, firms and corporations in all matters.
1.3 An individual seeking work is described on the Site as a ‘Freelancer/Professional’. A person seeking the services of a Freelancer/Professional is described on the site as a ‘Client’. A person seeking the services of a Freelancer/Professional for a third party is described on the site as an ‘Agency'. We arrange the supply of services of Freelancers/Professionals to Clients for limited time periods which we describe as ‘Contracts’.
1.4 When they register on the Site, Freelancers/Professionals can upload personal details including a Résumé and create a personal homepage (‘the Freelancer Homepage’) on which details can be expanded, changed and updated. Clients can search the Site, access Freelancer details, then select and contact Freelancers/Professionals. Client and Freelancer negotiate directly to agree upon the terms of any opportunity and when such agreement is reached, details of the Contract are provided to Client and Freelancer in the form of a ‘Contract Information Sheet’. Freelancers/Professionals can then provide services to the Client.
2.1 In this agreement, the following words and expressions shall have the meanings herein set forth unless inconsistent with the subject matter or contract:
2.2 The Services to be provided hereunder by the Freelancer shall be provided by the Freelancer at times and places mutually convenient to the Freelancer and the Client. It is agreed and acknowledged that the Freelancer may provide services to other persons, firms and corporations and may continue to do so during the term of this agreement.
2.3 The Freelancer shall perform the Services under this Agreement as and when requested by the Client and shall carry out all tasks assigned by the Client and shall conform to the Client's business policies, standards and conventions, including personnel standards. These include restrictions against non-business use of computers and equipment, harassment and discrimination free workplace and appropriate business attire. The Freelancer shall not be subject to supervision by JobboomPigistes or subject to JobboomPigistes's detailed orders or instructions. The amount of time spent servicing the Client's needs shall be determined at the sole discretion of the Freelancer.
3.1 By registering on the Site, Freelancers/Professionals are warranting that they are :
a. at least 18 years old;
b. are legally able to work in Canada;
c. have a billing address in Canada.
3.2 JobboomPigistes has the right to verify that Freelancers/Professionals meet the above conditions by requesting verification of identity. Before accepting a Contract, Freelancers/Professionals will have to provide Articles of Incorporation or Social Insurance Number (Sole Proprietors) and verification of sales tax registration if applicable (HST/GST and/or QST).
4.1 The Freelancer/Professional is an independent contractor and nothing in this Agreement will be construed to constitute the Freelancer/Professional or any Individual Consultant as an employee, partner, or agent of JobboomPigistes. Neither the Freelancer/Professional nor any Individual Consultant will have any authority to act for or to bind JobboomPigistes in any way, or to execute agreements on behalf of JobboomPigistes. As an independent contractor, each Freelancer/Professional and Individual Consultant will not be eligible for any employee benefits, nor will such benefits be made available to him/her or it as a result of this Agreement. The Freelancer/Professional and each Individual Consultant will also be responsible for payment of all taxes, penalties, interest or other payments, if any, assessed or due as a result of this Agreement.
4.2 The Freelancer/Professional agrees that both the Freelancer/Professional and its Individual Consultants are not employees of JobboomPigistes and the Freelancer/Professional agrees to indemnify and save harmless JobboomPigistes from any claims made against it by or with respect to its Individual Consultants.
4.3 It is acknowledged by the parties hereto that the Freelancer/Professional is being retained by JobboomPigistes in the capacity of an independent contractor and not as an employee of JobboomPigistes. The Freelancer/Professional and JobboomPigistes acknowledge and agree that this Agreement does not create a partnership or joint venture between them.
4.4 In the event that the Freelancer/Professional is classified by the court, or any statutory body, as an employee instead of as an independent contractor, the Freelancer/Professional shall indemnify and save harmless JobboomPigistes of and from any and all claims and demands which may be made against JobboomPigistes by Canada Revenue Agency or any other regulatory authority for employee remittances, employment insurance premiums and/or any other taxable withholding required.
4.5 By registering on the Site, Freelancers/Professionals are warranting that they are legally capable of entering into a binding contract and are at least 18 years old. Freelancers/Professionals also warrant that they have authority to enter into a contract with JobboomPigistes.
5.1 Use of the Site is governed by these terms. During a Contract, a contract for services shall exist between the Freelancer/Professional and JobboomPigistes for the supply of the services of a Freelancer/Professional, to a Client. The terms of the contract for services are set out in this document and in the Contract Information Sheet agreed between the Freelancer/Professional (on behalf of the Freelancer/Professional Company) and the Client prior to commencement of the Contract. No contract for the supply of services of a Freelancer/Professional shall exist between JobboomPigistes and a Freelancer/Professional between Contracts.
5.2 The Freelancer/Professional agrees that both the Freelancer/Professional and its employees, Individual Consultants, workmen, servants and agents are not employees of JobboomPigistes and the Freelancer/Professional agrees to indemnify and save harmless the JobboomPigistes from any claims made against it by or with respect to its employees, Individual Consultants, workmen, servants and agents.
5.3 No variation or alteration to these terms shall be valid unless the details of such variation are agreed in writing between JobboomPigistes and the Freelancer/Professional and a copy of the varied terms is provided to the Freelancer/Professional, stating the date on which such varied terms shall come into effect. JobboomPigistes shall provide a copy of such agreement of variation to the Freelancer/Professional.
6.1 In order to fully access the Site, Freelancers/Professionals are required to register. Freelancers/Professionals are provided with a user ID and choose a password that must be kept secure and confidential in order to prevent any unauthorised access to the Site or the Freelancer/Professional Homepage. If a Freelancer/Professional suspects that a password is no longer secure and confidential, the Freelancer/Professional must notify JobboomPigistes immediately.
6.2 The Freelancer/Professional agrees that all information provided at registration or any time thereafter will be true, accurate and kept up to date, and in any event will be reviewed at least every three weeks. Where the Freelancer/Professional has misrepresented its ability to carry out the services (whether intentionally or unintentionally), the Company shall have the right to immediately terminate a Contract without notice. The Freelancer/Professional agrees to indemnify and hold harmless JobboomPigistes from any damages claimed against JobboomPigistes by the Client or any other person as a result of such misrepresentation of the Freelancer's/Professional's ability to provide the services.
6.3 The Freelancer/Professional agrees to use Client contact information provided by JobboomPigistes only for the purpose of arranging a Contract via JobboomPigistes.
6.4 While using the Site, the Freelancer/Professional will NOT:
6.5 While we monitor information posted on the Site (and by accepting these terms the Freelancer/Professional consents to such monitoring for any purpose), JobboomPigistes does not review each individual posting and therefore accepts no responsibility or liability for the information provided and makes no representations or warranties regarding the accuracy of the information supplied by any third party, including but not limited to information provided by any Client or Freelancer/Professional. Some information posted on the Site may be offensive, inaccurate or misleading. Client and Freelancer/Professional are responsible for obtaining independent verification of information posted by other users to ensure its accuracy. JobboomPigistes is not responsible for and the Freelancer/Professional specifically releases JobboomPigistes from any liability for any losses caused as a result of reliance placed on inaccurate or unlawful information posted on the Site by third parties.
6.6 Users may be requested to provide constructive feedback relating to other users of the Site, during or at the end of a Contract, in order that JobboomPigistes can establish user ratings for the benefit of other users. All users are requested to treat the ratings system seriously and in particular are prohibited from leaving feedback that is untrue, inaccurate, threatening, insulting, defamatory or obscene.
6.7 We may allow links to third party websites on the Site. We are not responsible for, nor do we accept liability for the content of third party sites. We reserve the right to remove any link to third party websites at any time.
6.8 We reserve the right to temporarily or permanently remove the Freelancer/Professional Homepage or edit and remove any other content or information at our sole discretion.
7.2 The Freelancer/Professional consents to JobboomPigistes using their personal data for the purposes of providing its work-finding services and for other legal, administrative and management purposes and in particular to the processing of sensitive personal data (as defined in PIPEDA).
8.1 JobboomPigistes will make reasonable effort to find work for the Freelancer/Professional that is suitable to the skills and experience described by the Freelancer/Professional on registration. However, JobboomPigistes relies entirely upon the description of required services provided by Clients, and JobboomPigistes makes no representation or warranty that work accepted by the Freelancer/Professional will meet the Freelancer’s/Professional's specific requirements or be appropriate to the Freelancer’s/Professional's particular skills. Freelancer’s/Professional's are encouraged to review carefully the description of services provided by Clients.
8.2 The Freelancer/Professional is not obliged to accept any offer of a Contract which is made by a Client, via JobboomPigistes.
8.3 The Freelancer/Professional warrants that (a) the Freelancer/Professional has correctly informed us of their identity; and (b) the Freelancer/Professional shall not undertake a Contract unless the Freelancer/Professional has the necessary experience, training, qualification or authorisations required by the Client, by prevailing law, or by any professional body for the Freelancer/Professional to undertake the work required.
8.4 The Freelancer/Professional confirms that:
8.5 If for any reason either before or during the course of a Contract, the Freelancer/Professional or Freelancer/Professional Company become aware of any reason why the Freelancer/Professional may not be suitable for a Contract, the Freelancer/Professional or Freelancer/Professional Company shall notify JobboomPigistes in writing without delay.
9.1 At intervals set out in the Contract Information Sheet for a Contract (or at the end of the Contract where it is for a period of one week or less or is completed before the end of a week) the Freelancer/Professional shall complete an online timesheet and submit this to JobboomPigistes duly completed to indicate the number of hours/days worked (and if applicable overtime worked and expenses incurred) during the preceding timesheet period. JobboomPigistes shall provide the Freelancer’s/Professional's timesheet to the Client for verification of hours worked.
9.2 Subject to clause 9.3 JobboomPigistes shall pay the Freelancer/Professional for all hours/days worked by the Freelancer/Professional regardless of whether JobboomPigistes has received payment from the Client for those hours, in accordance with clause 10 below.
9.3 Where the Client fails to verify a timesheet submitted by a Freelancer/Professional, the Freelancer/Professional shall, in a timely fashion, conduct further investigations into the hours claimed by the Freelancer/Professional and the reasons that the Client has refused to verify those hours, and report the results of the investigation to JobboomPigistes. This may delay any payment due to the Freelancer/Professional. No fee shall be payable by JobboomPigistes in respect of any period that services are not provided by the Freelancer/Professional.
10.1 The fee payable by JobboomPigistes to the Freelancer/Professional for the provision of the services of the Freelancer/Professional shall be as set out in the Contract Information Sheet agreed with the Client prior to the commencement of any Contract. The Contract Information Sheet shall also set out the parameters for and any rate of overtime pay or expenses agreed by the Client, which the Client may reimburse.
10.2 JobboomPigistes operates a self-billing arrangement. At the invoicing intervals agreed in the Contract Information Sheet relating to a Contract, JobboomPigistes shall generate an invoice from the Freelancer/Professional to JobboomPigistes in respect of the provision of the Freelancer/Professional based on the details as to rates of pay and expenses as set out in the Contract Information Sheet and on such timesheets as have been submitted by the Freelancer/Professional and Freelancer/Professional Company during the billing period in respect of a Contract, sales taxes (HST/GST and/or QST). In addition to the amounts invoiced by the Freelancer/Professional, JobboomPigistes shall also charge the Client a management fee and an expenses handling fee where applicable.
10.3 The invoice will be emailed to the Freelancer/Professional. Neither the Freelancer/Professional nor the Freelancer/Professional Company will issue any invoices in respect of a Contract arranged by JobboomPigistes. The Freelancer/Professional must notify JobboomPigistes if its HST/GST and/or QST registration details change, e.g. ceases to be registered or becomes registered under another number, or the Freelancer/Professional transfers its business as a going concern. This self-billing arrangement will expire 12 months after the date of commencement of a Contract to which the arrangement applies.
10.4 Subject to clause 9.3, all payments for hourly contracts will be sent to the Freelancer/Professional within 30 days of the date of delivery of JobboomPigistes’s invoice relating to the supply of the Freelancer’s/Professional's services to the Client. JobboomPigistes’s invoice to the Client will be delivered 2 days after the last online timesheet relating to the billing period to which the invoice relates is submitted to JobboomPigistes by the Freelancer/Professional, provided that no timesheet submitted by the Freelancer/Professional during the billing period in question has been disputed by the Client (in which case clause 9.3 applies).
10.5 All payments for fixed-price contracts will be sent to the Freelancer/Professional within 30 days of the date of confirmation of service completion and delivery by the Client. JobboomPigistes’s invoice to the Client will be delivered upon Contract acceptance by the Freelancer/Professional and must be pre-paid before the Freelancer/Professional begins work on the Contract.
10.6 The Freelancer/Professional further agrees that it shall pay for its employees, contractors, servants, workmen or agents, all applicable taxes, premiums, and fees, relating to employment.
10.7 For the purposes of this clause 10, ‘the Relevant Period’ means either the period of 14 weeks from the commencement of a Contract, or the period of 8 weeks from the last day of a Contract, whichever period ends the later. For the purposes of this definition, a new Contract begins where there has been a break of 42 days since the end of the last Contract, or no previous Contract.
10.8 If, after the introduction to the Client of the Freelancer/Professional, or any officer, employee or worker of the Freelancer/Professional (‘Individual Consultant’’), during the course of a Contract or within the Relevant Period, the Client wishes to employ or engage the Freelancer/Professional or any other Individual Consultants directly, or through an employment business other than JobboomPigistes, the Freelancer/Professional acknowledges that JobboomPigistes will be entitled either to either:
In addition JobboomPigistes will be entitled to charge a fee to the Client if the Client introduces the Freelancer/Professional or any Individual Consultant to a third party who subsequently engages the Freelancer/Professional or any Individual Consultant.
11.1 For the purposes of these terms, ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
11.2 The Freelancer/Professional acknowledges that any Intellectual Property Rights owned by a Client shall remain with the Client and shall not be affected by the Freelancer/Professional performing a Contract with such Client.
11.3 The Freelancer/Professional acknowledges that should a Freelancer/Professional create any new Intellectual Property Rights as a result of the performance of a Contract, such rights shall belong to the Client. To the extent that such rights, title, or interests, shall not, or do not vest automatically in and with the Client, the Freelancer/Professional irrevocably, and with full title guarantee, assigns to the Client all such rights, title and interests together with the right to exploit the same in any manner and through any media as the Client shall in its absolute discretion decide.
11.4 All Intellectual Property Rights to the Site and the content thereof, other than a Freelancer’s/Professional's own personal data, is owned solely by JobboomPigistes and the Freelancer/Professional is not authorised to use, copy, reproduce or sell any such content other than as permitted under these terms.
12.1 For the purposes of these terms, ‘Confidential Information’ means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of JobboomPigistes or a Client for the time being, confidential to JobboomPigistes or the Client and trade secrets including, without limitation, technical data and know-how relating to the business of JobboomPigistes or the Client or any of its suppliers, clients, customers, agents, distributors, shareholders or management, that the Freelancer/Professional creates, develops, receives or obtains in connection with a Contract or use of the Site, whether or not such information (if in anything other than oral form) is marked confidential.
12.2 The Freelancer/Professional shall not, during a Contract, or the period during which a Freelancer/Professional is registered on the Site, or at any time thereafter, use or divulge to any person, either directly or indirectly, any Confidential Information obtained by the Freelancer/Professional in relation to, or in connection with JobboomPigistes or the Client, which may come, or may have come to the knowledge of the Freelancer/Professional during the course of a Contract or as a result of using the Site, and Freelancer/Professional agrees to co-operate with the Client and/or JobboomPigistes to prevent the use, publication and disclosure of any such information. This obligation does not apply to (i) information known to the Freelancer/Professional before the Contract; (ii) information which enters the public domain through no fault of the Freelancer/Professional; and (iii) disclosures made as required by law or regulatory requirement.
12.3 The Freelancer/Professional shall ensure that the Freelancer/Professional and any Individual Consultants shall return to the Client all Confidential Information and all documents, data, working papers and other materials belonging to the Client, which are in the possession or control of the Freelancer/Professional or the Individual Consultant at the end of the Contract, without retaining copies.
13.1 Freelancers/Professionals can subscribe to this service for 1 or 12 months at the cost of $18 (plus GST and QST) or $150 (plus GST and QST) respectively. It is not a compulsory service. The subscription service allows subscribers preferential display on the search facility for as long as the Freelancer/Professional remains a subscriber and an active user. Subscription fees are paid in advance via Paypal and there are no rebates or refunds payable in the event of cancellation for any reason.
13.2 The Freelancer’s/Professional's subscription is automatically renewed at the end of the subscription period unless cancelled by the Freelancer/Professional by giving at least 7 days prior written notice.
13.3 We reserve the right to review and amend subscription fees or introduce a scaled subscription model at any time upon providing notice on the Site and notice by email to existing subscribers, stating the date on which such increases to subscription fees will take effect.
14.1 JobboomPigistes may grant access to external employment agencies for the purposes of filling specific roles through a database search and contact system.
14.2 External employment agencies using this system will be identified to Freelancers/Professionals at point of contact. Freelancers/Professionals have the option to accept or decline contact from external employment agencies entirely or on an opportunity by opportunity basis. No identifying information will be released without the Freelancer’s/Professional's permission.
14.3 External employment agencies using this contact system are exempted from using JobboomPigistes contracts and timesheets. Employment with these agencies will not go through JobboomPigistes. JobboomPigistes does not guarantee that the policies and procedures of these external agencies will be similar to those of JobboomPigistes.
15.1 Each Contract shall commence on the agreed start date and shall continue until the agreed end date or completion of the services to the reasonable satisfaction of the Client. Notwithstanding the foregoing, a Contract may be terminated prior to its completion as follows:
15.2 Failure by the Freelancer/Professional to give notice of termination as required by clause 13.1 shall constitute a breach of contract and shall entitle JobboomPigistes to damages from the Freelancer/Professional for any resulting loss suffered by JobboomPigistes or the Client.
15.3 The Freelancer/Professional acknowledges that the continuation of the Contract is subject to and conditional upon the continuation of the contract entered into between JobboomPigistes and the Client. In the event that the contract between JobboomPigistes and the Client is terminated for any reason the Contract shall cease with immediate effect without liability on the part of JobboomPigistes to the Freelancer/Professional.
15.4 JobboomPigistes reserves the right to suspend or terminate use of this Site by any Freelancer/Professional in the event of breach of these terms or for any other reason, without prior notice and without liability.
16.1 The Freelancer/Professional agrees to and does hereby indemnify JobboomPigistes against all losses, costs (including reasonable legal fees assessed on a full indemnity basis), expenses, damages arising from any claims or demands made by any third party (including the Client) due to or arising out of a breach by the Freelancer/Professional of these terms, or violation of any law (including tax laws) or third party rights. JobboomPigistes will promptly inform the Freelancer/Professional of any claim, action or demand falling within the ambit of this clause and the Freelancer/Professional will cooperate fully in JobboomPigistes’s defence of the claim. The Freelancer/Professional will not agree to any settlement in respect of a claim or action to which JobboomPigistes is a co-defendant without JobboomPigistes’s prior written consent.
16.2 The Freelancer/Professional shall and does hereby indemnify and save harmless JobboomPigistes of and from:
16.3 JobboomPigistes’s liability for losses suffered by the Freelancer/Professional as a result ofJobboomPigistes’s breach of contract, negligence or violation of any law or third party rights is strictly limited to actual direct loss which was reasonably foreseeable to all parties and in any event this liability is limited to the lesser of,
16.4 All users of the Site do so at their own risk. The Site is provided ‘as is’ and ‘as available’. JobboomPigistes does not guarantee and makes no representation or warranty that the service will be error or interruption free and does not guarantee or make any representation or warranty regarding the accuracy of any content provided on the Site. In no event shall JobboomPigistes be liable to the Freelancer/Professional for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought have been previously advised of the possibility of such damages.
16.5 Certain provinces, states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
17.1 These terms and any contract for services agreed pursuant to these terms may only be varied by an agreement in writing of all parties (and for the avoidance of doubt, an agreement in writing will include online acceptance of updated terms).
17.2 No failure or delay by JobboomPigistes to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are severable and cumulative and not exclusive of each other.
17.3 The Freelancer/Professional may not transfer, assign or dispose of any right or benefit under these terms or any contract for services agreed pursuant to these terms without the prior written consent of JobboomPigistes.
17.4 Any notice given by JobboomPigistes under these terms shall be deemed delivered 24 hours after emailing such notice to the email address provided by the Freelancer/Professional on registration with the Site (or as updated on the Freelancer/Professional Homepage). Any notice given by the Freelancer/Professional under these terms shall be deemed delivered 24 hours after emailing such notice to JobboomPigistes at email@example.com.
17.5 If any provision of these terms or any contract for services agreed pursuant to these terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the terms or such contract for services which shall remain in full force and effect.
18.1 This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario.
19.1 The division of this Agreement into Articles, Sections, Subsections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be utilized in the construction or interpretation of this Agreement.
20.1 All references in this Agreement or any Ancillary Agreement to dollars, unless otherwise specifically indicated, are expressed in Canadian dollars.