'Quantum' means Quantum Management Services Limited and/or Quantum Technology Recruiting Inc. and/or any subsidiary, affiliated or related company or business.
Thank you for your confidence in Quantum. Your firm (the 'Client') will receive an invoice for the services of our employee whose name appears on the reverse as EMPLOYEE (the 'Assigned Employee').
The Client is responsible for the direct and indirect supervision, direction and control of the Assigned Employee during the performance of any work or services under this Service Agreement.
The Client agrees to comply with all applicable laws, acts, ordinances and regulations whatsoever relating to worksite health and safety, and agrees to provide to the Assigned Employee a safe and healthful workplace. The Client agrees to defend, indemnify and hold harmless Quantum for claims, damages or penalties arising out of any violation of any law, act, ordinance or regulation whatsoever respecting workplaces owned, leased or supervised by the Client and to which the Assigned Employee is assigned.
The Ontario Employment Standards Act indicates that each Assigned Employee has the right to an eating period of at least thirty (30) minutes, at intervals that will result in the employee working no more than five (5) consecutive hours without an eating period. If an Assigned Employee is in agreement, the eating period may be provided in two (2) shorter periods that together total thirty (30) minutes.
The Assigned Employee is not permitted to operate machinery or drive a motorized vehicle (including their personal vehicle) while working for the Client without prior written consent from Quantum.
The Assigned Employee is not permitted to handle currency, securities or other valuables without prior written consent from Quantum.
The Assigned Employee is not permitted to render any opinion for or on behalf of Quantum on any financial statement, report or other financial information whatsoever. The Assigned Employee may not sign their name for or on behalf of Quantum to any financial statement, report or other financial information including, but not limited to, tax returns.
The billing rate charged to the Client is determined based on the qualifications and experience necessary to perform the assignment as described by the Client and not the qualifications and experience of the Assigned Employee. Should the Client wish to use the Assigned Employee for an assignment other than that originally described, the billing rate may change to reflect the qualifications and experience necessary to complete the other assignment. Please contact your local Quantum office to coordinate any change in the description of the original assignment.
A timesheet is presented to the Client for verification and signature at the end of each week. The Client's signature thereon indicates acknowledgement and acceptance of the terms and conditions of this Service Agreement. Our compensation to the Assigned Employee is on a weekly basis, and the Client will be billed weekly for all hours worked by the Assigned Employee.
Our invoices reflect billing for services rendered by and payroll already paid to the Assigned Employee. Our payment terms are 'Net When Rendered'.
The Assigned Employee is an employee of Quantum and shall not be deemed to be the employee of the Client. Quantum warrants that it assumes total responsibility to deduct, remit and pay all applicable payroll related withholdings, taxes and levies.
Overtime Policy: Quantum will pay for overtime hours worked by the Assigned Employee according to and at the rates prescribed by the appropriate provincial employment standards. The billing rate to the Client will be increased by the same factor as the pay rate to the Assigned Employee for overtime hours worked.
Statutory Holiday Policy: Quantum will pay the Assigned Employee for Statutory Holidays according to and at the rates prescribed by the appropriate provincial employment standards. Quantum will bill the Client for hours worked on a Statutory Holiday by the Assigned Employee. The billing rate to the Client will be increased by the same factor as the pay rate to the Assigned Employee for hours worked on a Statutory Holiday.
Minimum Charge Policy: Quantum's minimum charge is 3 hours per day.
Guarantee Policy: In the event that the Assigned Employee proves to be unsatisfactory and is released within the first four (4) hours after commencing a temporary assignment, Quantum will not invoice the Client for the hours worked by the Assigned Employee provided that the client informs and authorizes Quantum to replace immediately the Assigned Employee.
Conversion Fee Policy: Quantum's employees represent our inventory of skilled professionals. Quantum has incurred considerable expense to recruit, evaluate and retain the Assigned Employee. After the Client evaluates the performance and potential of the Assigned Employee, the Client may wish to hire directly the Assigned Employee. Subject to the provisions of legislation governing the jurisdiction of employment, in the event that at any time during, or within twelve (12) months from the termination date of the Assigned Employee's assignment to the Client (or such lesser period as is required to comply with applicable employment standards legislation as it pertains to Conversion Fees), the Client, or any subsidiary, affiliated or related company or business of the Client, or any other employer to whom the Client refers the Assigned Employee, employs or engages the Assigned Employee on a permanent, part time or contract basis in any capacity whatsoever, the Client hereby agrees to pay all temporary placement fees to date plus a Finder's fee (the 'Conversion Fee') as follows:
Accounting & Finance and related positions – Conversion Fee equal to twenty percent (20%) of the starting annual salary of the Assigned Employee.
Information Technology and related positions – Conversion Fee equal to twenty–five percent (25%) of the starting annual salary of the Assigned Employee.
All other positions: Conversion Fee equal to twenty percent (20%) of the starting annual salary of the Assigned Employee. Where the Assigned Employee has worked at least sixteen (16) consecutive weeks on assignment to the Client, the Conversion Fee may be discounted. In no event shall the Conversion Fee be less than two-thousand dollars ($2,000.00).
Choice of Law: This agreement shall be governed by the laws of the province of Quebec and the courts of Montreal shall have sole jurisdiction with respect to any matters or disputes arising hereunder.
Language: The parties have requested that this agreement and any documents accessory thereto shall be drafted in the English language. Les parties ont requis que cette entente et tous documents accessoires soient rédigés en langue anglais.