TERMS & CONDITIONS – KIGIAGENCY.COM/AGENCEKIGI.COM
KIGI EMPLOYEE AGREEMENT
KIGI CLIENT SERVICE AGREEMENT
1 June 2021
Kigi Agency, hereinafter referred to as "KIGI", uses the websites kigiagency.com and agencekigi.com (www.kigiagency.com and www.agencekigi.com) and software, which together will be referred to as the "Site". The Site makes it possible to put at the disposal of people fifty-five (55) years old and over ("Kigier(s)") a tool to manage their employability profile online; and for potential businesses to post work opportunities. The purpose of the Site is to help experienced workers share their skills and availability with businesses.
The words "we", "us" and "our" may be used to represent KIGI, its service providers and its subcontractors. The words "you", "your" and "you're" will be used, with the words "Kigier", "user" and "business" to represent all individuals, Kigiers, and all entities who consult or use the Site to search for potential candidates. By consulting or using the Site, you agree to be bound by these terms and conditions and any other writings to which they may refer, and you declare the information you provide KIGI or any potential business, representative and employee of a business, is complete and accurate. A misrepresentation may result in your exclusion from placement or subsequent termination for just and sufficient cause if you are a Kigier; and termination of agreement if you are a business.
Use of the Site is governed by these terms and conditions (the "Terms") which constitute a contract between you and KIGI. These Terms may be modified by KIGI and any changes to this Agreement will be effective seven (7) days after the Terms are uploaded to the Site. Please periodically review these Terms in order to be well informed of updates and to contact us for any questions regarding the Terms or their modifications.
1. DESCRIPTION OF SERVICES
1.1. KIGI offers the following services to Kigiers registered on the Site:
1.1.1. A system for editing your work experience profile and skills;
1.1.2. Access to a bulletin board of work opportunities;
1.1.3. Secure communication with businesses;
1.1.4. Management of your compensation where a mandate offers compensation;
1.1.5. Work notification by email alert if you accept this form of communication
1.2. KIGI offers the following services to businesses duly registered on the Site:
1.2.1. Access to a vast bank of personnel profiles of people fifty-five (55) years or older who are looking for short term and part-time work mandates (i.e. Kigiers);
1.2.2. An ability to post one or more positions;
1.2.3. Credit and criminal record checks of selected candidates; and
1.2.4. Payroll management for Kigiers hired
1.3. Although we check with Kigiers and businesses to ensure the accuracy of the information provided by each, we are unable to guarantee any information at all times and we are not responsible for any inaccuracies or omissions in any information on the Site or provided by you or another user of the Site or by any other person.
2. USE OF THE SITE - KIGIERS
2.1. Registration to the Site by a Kigier is free and mandatory to access the features of the Site and to create an account which can be modified and updated by the Kigier at any time. The registration will also allow you to apply to work offers of businesses registered on the Site.
2.2. Kigiers may only use the Site for legitimate purposes of seeking employment. You must not seek to compromise the security of the Site or any information submitted to or made available on it. In particular, you must not take any action or allow any action which will have the effect of breaking, slowing down, damaging or otherwise interfering with the Site, the software or the enjoyment of another Kigier and / or business to use the Site or the KIGI system.
2.3. You are solely responsible for maintaining the confidentiality of the username and the password you created; any information you submit to the Site, as well as the veracity and accuracy of their updates. You must ensure the information is neither misleading nor likely to be misleading and does not include any discriminatory, obscene, offensive or defamatory matter and it is not illegal, illegitimate or in violation of the laws, regulations and guidelines applicable in your jurisdiction.
2.4. It is important any information provided and communicated by you does not infringe the copyright, trademark or other intellectual property rights of any person regardless of their location. You are also responsible for ensuring information, data and files uploaded to the Site are free of viruses or other mechanisms which could damage KIGI systems, businesses and other Kigiers.
2.5. KIGI cannot at any time be held responsible for unauthorized use of your account but in the event your login details are compromised please report it to us as soon as possible so we can help you make changes if necessary.
3. USE OF THE WEBSITE - BUSINESSES
3.1. Businesses register to the Site to post work opportunities and pay realted fees. You are solely responsible for maintaining the confidentiality of your username and password you created.
3.2. It is forbidden to use the Site for purposes other than recruiting staff and contacting the Kigiers on an individual basis. Any other use of the Site and its content is strictly prohibited.
3.3. You are solely responsible for any information you submit to the Site, as well as the veracity and accuracy of their updates. You must ensure the information is neither misleading nor likely to be misleading and does not include any discriminatory, obscene, offensive or defamatory matter and it is not illegal, illegitimate or in violation of the laws, regulations and guidelines applicable in your jurisdiction.
3.4. It is important any information provided and communicated by you does not infringe the copyrights, trademarks or other intellectual property rights of any person regardless of their location. You are also responsible for ensuring information, data and files uploaded to the Site are free of viruses or other mechanisms which could damage KIGI systems, other businesses and Kigiers.
3.5. KIGI cannot at any time be held responsible for unauthorized use of your account but in case your connection details are compromised please report it to us as soon as possible.
4. INTELLECTUAL PROPERTY
4.1. All content created, developed, displayed or generated by KIGI on the Site (text, illustrations, images, logos, codes, registered or unregistered trademarks and URLs) are under the exclusive license of third parties or owned by Kigi Agency. This content is protected by various laws, including copyright laws. Any reproduction, publication, translation, distribution, downloading, display, or infringement in whole or in part, other than what is specifically provided and authorized, is strictly prohibited. Any unauthorized use of such content exposes the violator to prosecution.
4.2. No license or right of use is conferred on you or can be inferred from your registration to the Site. Nothing in the Site should be interpreted in such a way as to allow, directly or indirectly, the use of the content of the Site without the prior written permission of the owner.
4.3. The Kigier and the business remain the owners of the copyright in their own content which they transmit on the Site. As a user, you grant KIGI a free, non-exclusive, transferable, perpetual license, valid for all known and unknown media, for display, translation, print and any other use information, in whole or in part or modified, for the purposes of promoting the Site and recruiting candidates and businesses. The license also includes the right for KIGI to allow users of the Site to access the information you transmit to us, to use it and to print it for the sole purposes set out in the Site.
5.2. We will use the information you provide to facilitate the process of navigating the Site, promoting relevant work opportunities and to do administrative management such as transmitting work details, details of a Kigier, and payroll. We treat any personal information according to the Personal Information Protection and Electronic Documents Act and by accepting these Terms and by using the Site you agree and consent to the collection and use of such personal information and usage.
5.3. You will always have the right to request and obtain the withdrawal or correction of the information you have transmitted by contacting KIGI Customer Service.
6. LIMITATION OF LIABILITY
6.1. KIGI has no obligation to find work for a Kigier or to find a Kigier for a business because KIGI does not intervene in the selection process, the interviews or the hiring process. The business is solely responsible for getting in touch with the Kigiers whose profile and skills are suitable to them and the Kigiers are free to choose whether to accept an offer or not.
6.2. While we make commercially reasonable efforts to ensure the availability of the Site, we do not represent or warrant in any way it will be continuously accessible at all times for uninterrupted use.
6.3. KIGI does not exclude or limit its liability for death or personal injury resulting from gross negligence, fraud, or misrepresentation on our part; nor any other liability which cannot be excluded or limited by applicable law.
6.4. To the extent permitted by law, we exclude any warranties or other terms which may apply to the Site or its content. We are not, under any circumstances, liable to the business or the Kigier for loss or damage, even foreseeable, whether in contract or tort, breach of a statutory obligation or otherwise, arising out of use of the Site (or inability to use it); the use or reliance on the content.
6.5. We are not responsible for any loss of profits, sales, business or income; interruption of a business’ activities or anticipated economies. We use reasonable efforts to ensure the security of the information collected and made available to you and the security of the Site; however, we are not responsible for any loss or damage caused by a virus or malware which could infect your computer hardware, programs, data or other content. We do not endorse the security of websites whose links are found on our Site’
7.1. You agree to defend KIGI, its partners, directors, officers, employees, agents and representatives (the "Indemnified Persons") in any legal action or claim against you arising from your breach of this Agreement, your use of the Site or action any person having access to your account does and to keep them free from any judgment or decision which may be pronounced against them, in capital, interest and costs. Consequently, the user undertakes to pay all the expenses and fees paid, provided the Indemnified Persons can then be represented by the attorney of their choice.
8.1. As a Kigier, you may terminate your registration to the Site at any time. Without limiting the foregoing, KIGI reserves the right to immediately close the account of a Kigier when it judges their conduct is unacceptable or in case of violation of this contract.
8.2. As a business, you may stop using the Site at any time, but you remain responsible for any communication with a Kigier regarding a posted position to which an application has been made and any work in progress. Without limiting the foregoing, KIGI reserves the right to immediately close the account of a business when it deems their conduct unacceptable or in the event of breach of this contract.
8.3. KIGI may terminate all services offered on the Site at any time and in its sole discretion without compensation of any kind. Where notice may be given, we will do our best to notify you on the Site.
9. EXCLUSIVE JURISDICTION
9.1. The present Terms, as well as any questions related to your direct or indirect use of the Site, are governed by the laws of the province of Quebec and the federal laws applicable in the province of Quebec. Any dispute will be submitted to the competent court of the territory; however, the foregoing does not limit KIGI's ability to apply to the courts of other jurisdictions to seek the injunctions and remedies necessary to put an end to persistent violations.
10. CONTACT US
This employment agreement is between
Kigi Agency, a non profit corporation with its head office located at 28 rue Mercier, Dollard des Ormeaux, QC, H9A 1H5, represented by its director Megan Marinos (hereinafter referred to as “Kigi”); and
You, an individual who has created an account at www.kigiagency.com (hereinafter referred to as “Kigier”)
WHEREAS this agreement is made to establish a relationship between Kigi and the Kigier with respect to Kigi’s efforts to offer Kigier a platform to seek short-term work and to organize remuneration to Kigier where applicable; and
WHEREAS the Parties hereto have the capacity and authority to enter into this Agreement
1. KIGI OBLIGATIONS
1.1 Kigi offers the following services to Kigier:
1.1.1 A system for creating and editing a personal skills profile;
1.1.2 An option to upload or build a basic CV within the sytem;
1.1.3 Access to a bulletin board of job offers;
1.1.4 Management of remuneration where the work offers compensation, net of all aplicable deductions;
1.1.5 A notification of jobs by email alert if the Kigier accepts this form of communication;
1.1.6 A verification of Kigier credit and criminal record upon Kigier consent.
1.2 Kigi agrees to provide the potential recruiting companies ("CLIENTS" with secure details of the Kigier's work experience and contact details so Kigier may be contacted directly by CLIENT.
2. KIGIER OBLIGATIONS
2.1 Kigier must create a profile with Kigi. It is suggested Kigier keep their profile updated after each work mandate, but this is NOT mandatory. Kigier must have the appropriate means to attend any interview and/or go to the CLIENT’s place of work to perform the work agreed upon between Kigier and CLIENT
2.2 Kigier shall maintain the confidentiality of any information related to Kigi and any CLIENT which may choose Kigier to perform work requested. This requirement shall survive termination of this agreement with Kigi and extend beyond the work mandate with any CLIENT. Kigier agrees to sign any additional confidentiality provision as requested by CLIENT where applicable.
2.3 Kigier shall abide by all the rules, policies and practices provided by CLIENT for whom Kigier is offering their services – such rules, policies and practices may be different from one CLIENT to another or from one location to another.
3. KIGIER COMPENSATION
3.1 If compensation is part of the work mandate it will be paid to Kigier for the services rendered to CLIENT in accordance with the rate and number of hours worked by the Kigier. This compensation shall be less all applicable withholding tax and government deductions including the minimum indemnity as entitled by law for vacation each year during the term of this agreement.
3.2 Kigi shall pay any wages by direct deposit to Kigier bank account every two (2) weeks.
3.3 The Kigier is prohibited from incurring any expenses (for example, purchasing a uniform or safety boots, or in obtaining a driver’s abstract) while working for CLIENT and any such expense shall NOT be reimbursed by Kigi.
4. TERM AND TERMINATION
4.1 This Agreement shall be for a period of twelve (12) months starting on the date indicated above and shall expire one day prior to the anniversary date.
4.2 This Agreement may terminate in the following manners:
4.2.1 Kigi provides Kigier written notice of its intent to terminate the Agreement within thirty (30) days; or
4.2.2 Kigier provides Kigi written notice it no longer wishes to use the services of Kigi or does not use the Kigi platform for more than six (6) consecutive months; or
4.2.3 There is just cause for termination according to the Act Respecting Labour Standards Quebec; or
4.2.4 Kigi and the Kigier agree on a termination date without cause.
5 GENERAL PROVISIONS
5.1 Notices. Any notice to be provided by Kigier may be made by email to: email@example.com, or via the contact us form on kigiagency.com, or via mail to the address indicated above – ensuring to include all relevant information to be able to identify the Kigier. Kigi shall communicate with Kigier in writing as much as possible via the contact information provided above
5.2 Amendment. Any amendment to this Agreement shall be made in writing and signed electronically where possible.
5.3 Governing Law. This Agreement shall be governed by the laws of the Province of Quebec without regard to conflict of principles laws.
5.4 Entire Agreement. This Agreement, the website terms and conditions and the acknowledgement declaration attached constitute the entire agreement between the parties and there are no further items or provisions, either oral or written.
5.5 Language. The Parties agree for this Agreement, any appendices and annexes to be drafted in the English language. Les parties aux présentes ont exigé que la présente entente ainsi que toutes ses appendices et annexes soient rédigées en langue anglaise.
Kigier makes the following statements in relation to their relationship with Kigi and work with CLIENT:
I understand Kigi ’s method of payment is direct deposit. In case of overpayment I authorize Kigi to directly withhold any monies from future payments to me or I will promptly repay Kigi for all overpayments by cheque or money order.
This Client Agreement is made between
Kigi Agency a non-profit corporation with its head office located at 28 rue Mercier, Dollard des Ormeaux, QC, H9A 1H5, represented by Megan Marinos (hereinafter referred to as “Kigi”); and
Your company (hereinafter referred to as “Company”)
WHEREAS Company wishes to use the services of Kigi, a staffing agency for short term or occasional work mandates of people fifty five (55) years and older (“Kigiers”), to fulfil Company’s work needs; and
WHEREAS the Parties hereto have the capacity and the authority to enter into this Agreement
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS
1.SERVICES OFFERED BY KIGI
1.1 Kigi offers the following services to Company:
1.1.1 Access to a vast bank of personnel profiles of people fifty five (55) years or older who are looking to work occasionally on short term work mandates (i.e. Kigiers);
1.1.2 An ability to post one or more positions;
1.1.3 Credit and criminal record checks of selected candidates (for an additional fee), if desired;
1.1.4 Secure and direct communication with Kigiers; and
1.1.5 Payroll management for anyone hired via the Site inclusive of managing all pay, withholding and transmission of payroll tax
1.2 Kigi may publicize the work opportunity of Company to Kigiers with matching skills where the Kigier has agreed to receive such communication, in an effort to assist Company in fulfilling its work needs; however, Kigi has no obligation to find a Kigier for Company, intervene in the selection, interview or hiring process.
1.3 Kigi shall ensure Kigiers acknowledge in writing their non-participation in Company’s social benefits, disability benefits, insurance, pension, retirement plans or any other benefit offered by Company to its other existing employees.
1.4 Kigi shall ensure, as part of their employment agreement with Kigiers, confidentiality provisions regarding Company’s business are signed prior to starting an assignment with Company
2 COMPANY RESPONSABILITIES
2.1 In each work posting, Company shall specify the labour required as detailed as possible to allow Kigiers to make an informed decision about applying for the position.
2.2 Company shall conduct its own interview and assessment of potential candidates and ultimately choose the Kigier(s) best suited for the position(s).
2.3 Company shall properly supervise Kigiers performing the work and be responsible for its own business operations, products, services and intellectual property.
2.4 Company shall properly supervise and safeguard the location where the Kigier shall work (where applicable), its processes and systems, and not permit Kigiers to undertake activities outside the reasonable course of work tasks associated to the job description.
2.5 Company shall provide Kigiers appropriate information and training to undertake the tasks requested of them, and provide safety equipment as necessary.
2.6 Company shall not change the Kigier’s job duties without advising Kigi in writing at minimum two (2) days before the work is to commence. Such changes may result in the Kigier selected not being able to undertake the mandate.
2.7 Company shall have sole discretion to establish the minimum qualifications necessary for the performance of any service. If at any time and at its sole discretion, Company determines the services provided by the Kigier are not satisfactory, Company will so notify Kigi in writing.
2.8 Company shall be prohibited from allowing the Kigier to incur any expenses while working for Company and shall not engage the Kigier for more than thirty five (35) hours over seven (7) consecutive days.
2.9 In the event a Kigier does not present themselves for work, is unable to undertake the work once started, or Company’s needs change from those in the job description, Company shall contact Kigi immediately to resolve the matter as amicably as possible, bearing in mind the Company’s understanding of Kigier needs as provided as an example in Appendix A.
3.1 There are five pricing plans from which a Company may choose, according to their personnel needs:
3.1.1 The Company looking to hire personnel for shift work is invited to use this plan if their needs are for short term or once in a while. The fees are charged only if the Company hires a Kigier. The fees are due at the end of the shift(s) each week with the gross wage to be paid to the Kigier.
The fixed fees of the Diversity & Inclusion Plan are charged per half day of work (in blocks of 4 hours) for any hourly rate more than $13.50 (or the minimum wage applicable in Quebec):
|Hours Worked||Fee to Pay|
|4 hours or less per day||$25 +tx|
|5 to 8 hours per day||$40 +tx|
3.1.2 The Company looking to hire personel to work part time, full time or on a mandate basis where hours may fluctuate from time to time should consider this pricing plan. The fees are calculated at 10% the hourly rate paid to the Kigier for the hours worked during the week. The fees are due every two (2) weeks with the gross wage to be paid to the Kigier.
The fees of the the "Anti-Ageism Plan" are charged for any hourly rate above $13.50 (or the minimum wage applicable in Quebec). The table below is an EXAMPLE of the calculation, the fees will change in accordance with the hourly rate and number of hours worked for each Kigier
|For Example Purposes Only|
|Hourly Rate||Number of Hours Worked||Fee to Pay|
|$30||12 hours in one week||$36 +tx|
|$13.75||20 hours in one week||$27.50 +tx|
3.1.3 The Company looking to hire personnel as their own employee or consultant and do not want to use the payroll services of Kigi shall be charged one fee payable at the start date of the employee or consultant. This fee shall be considered a referral fee and include work done by Kigi such as communications, advertising and use of the platform.
|Fee to Pay|
|Kigier hired on Company payroll||$500 +tx|
3.1.4 Upon proof of valid legal status as a non-profit organization or a charity, the fees payable to hire Kigiers to work shifts, part time, full time or mandates, under the Kigi payroll or on Company's own payrll shall be discouted by thirty percent (30%). This discount applies to plans A, B and C only.
3.1.5 Where the Company is looking to hire personnel for volunteer needs, it will be charged according to the following table, regardless as to the number of hours worked by each volunteer Kigier
|Number of Kigiers||Fee to Pay|
|For each Kigier hired||$10 +tx|
|No limit on number of Kigiers hired in one (1) month||$250 +tx|
If needed and requested, Kigi can offer criminal and/or financial background checks on candidates. The fees for such service is as follows:
|Criminal and Credit Check - Optional||$50 per person|
4.1 Company shall be required to input their credit card details within the administrative area of kigiagency.com. Such details are not stored by Kigi but rather a unique identifier is created by Kigi’s payment processor to enable future debits. Company may choose to pay Kigi by wire transfer by contacting firstname.lastname@example.org
4.2 Company shall receive an automatic estimate of costs if it posts a job offer in accordance ith the "Diversity & Inclusion Plan"
4.3 Company must make any amendments within their administrative page of kigiagency.com to reflect the actual number of hours worked by the Kigier, prior to the end of the Kigier mandate.
4.4 Kigi shall send a final invoice via email to Company a final invoice and debit the total amount due within forty-eight (48) hours of the end of the Kigier mandate, if Kigi is managing payroll.
5.1 Kigi agrees all knowledge and information Kigi may receive from Company, employees or consultants of Company, or by virtue of the performance of services under this Agreement, relating to inventions, products, processes, machinery, apparatus, prices, discounts, costs, business affairs, future plans or technical data belong to the Company or to those with whom the Company has contracted.
5.2 Both Parties to this Agreement may receive information proprietary to or confidential to the other party or its affiliated companies and their clients. Both Parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing their responsibilities under this Agreement or as required by law.
6 TERM AND TERMINATION
6.1 This Agreement shall become effective as of the date indicated above, and shall continue for an indeterminate period. This Agreement may be terminated by either party with ten (10) days written notice – such notice may be sent via email.
6.2 In the event Company terminates this Agreement it shall remain liable for any communication with a Kigier who applied to a position prior to the posting being removed from the website, and for all outstanding consideration and payments as described at article 3 .
6.3 The obligations of confidentiality in this Agreement shall survive termination of the same.
7.1 To the extent permitted by law, Kigi agrees to indemnify and hold Company, its directors, officers, agents, representatives and employees harmless from and against any and all liabilities, damages, losses, actions or causes of action, costs, and expenses (including reasonable attorney fees) whether relating to property of Company or of any third party client of Company, or to personal injury or death, arising out of or in any way contributed to by the negligence, gross negligence or willful misconduct of Kigi, its directors, representatives, agents, employees, officers or Kigiers.
7.2 To the extent permitted by law, Company shall indemnify, and hold Kigi, its directors, officers, agents, representatives and employees harmless from and against any and all liabilities, damages, losses, actions or causes of action, costs, and expenses (including reasonable attorney fees) to the extent caused by Company’s breach of this Agreement; its failure to discharge its responsibilities set forth at article 2; or the negligence, gross negligence, or willful misconduct of Company or Company’s directors, officers, employees, representatives or authorized agents in the discharge of those responsibilities.
7.3 Neither Party shall be liable for or be required to indemnify the other Party for any incidental, consequential, exemplary, special, punitive, lost revenue or lost profit damages arising in connection with this Agreement or with the work undertaken by a Kigier, regardless of the form of action (whether in contract, tort, negligence, strict liability or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.
8 GENERAL PROVISIONS
8.1 Kigi shall maintain comprehensive general liability insurance coverage; however, Company shall be obligated to hold its own general liability and commercial insurance protections for their properties, goods, employees or persons under its direction.
8.2 The rights and obligations of Kigi under this Agreement are personal to Kigi and may not be assigned or transferred to any other person, firm, corporation or any other entity without the prior, express written consent of Company.
8.3 Any amendment or modification to this Agreement or additional obligations assumed by either Party in connection with this Agreement shall be binding only if evidenced in writing and signed by both Parties.
8.4 Any notice provided for or concerning this Agreement shall be in writing and be deemed sufficiently given when sent by registered mail or by email deemed received on the next business day.
8.5 This Agreement and the Terms and Conditions located at kigiagency.com shall constitute the entire Agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either Party except to the extent incorporated in this Agreement.
8.6 It is agreed this Agreement shall be governed by the laws of the Province of Quebec without giving effect to principles of conflicts of law.
8.7 The Parties have expressly required this Agreement as well as the appendices be drafted in the English language. Les parties ont expressément exigé que la présente entente ainsi que les appendices soient rédigées en langue anglaise.
Appendix A - What to Expect When Hiring a Kigier