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Terms and Conditions

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These Terms and Conditions (the "Terms") govern your access to and use of the website operated by Agile Employment ("Agile Employment", "we", "us" or "our"), and they also govern the general terms on which we provide staffing, recruitment, placement and related workforce services in Mississauga, Ontario and the Greater Toronto Area. By visiting this website, by submitting an enquiry, by sending us a resume, by requesting workers, by accepting an assignment, or by otherwise engaging with our services, you confirm that you have read these Terms, that you understand them, and that you agree to be bound by them. If you do not agree with any part of these Terms, please stop using this website and do not submit information to us.

We have written these Terms to be balanced and fair. They are intended to protect Agile Employment, to protect our clients, and to protect the candidates and workers who trust us with their careers. Where a separate written agreement, service agreement, purchase order, master services agreement or signed placement confirmation exists between Agile Employment and a client, that signed document governs in the event of a direct conflict with these Terms, and these Terms continue to apply to everything the signed document does not address.

1. Definitions

In these Terms the following words carry the following meanings, whether they appear in the singular or the plural form.

  • "Agile Employment" means the staffing and recruitment business operating under that name in Mississauga, Ontario, together with its officers, directors, employees, recruiters, agents, affiliates and authorized representatives.
  • "Client" means any business, organization, partnership, sole proprietorship or other entity that requests, receives, uses or pays for staffing, recruitment, placement or related services from Agile Employment.
  • "Candidate" means any individual who applies for a role, submits a resume, registers with us, attends an interview, completes onboarding, or is presented by us to a Client.
  • "Worker" means a Candidate who has been placed on a temporary, contract, temporary to permanent or permanent basis with a Client through Agile Employment.
  • "Assignment" means any period of work performed by a Worker for a Client that was arranged, coordinated or introduced by Agile Employment.
  • "Services" means all staffing, temporary staffing, permanent placement, recruitment, screening, sourcing, payroll administration, onboarding, workforce advisory and related activities that we provide.
  • "Website" means this website and all of its pages, forms, content, downloads, images, text, code and functionality.
  • "Content" means all text, graphics, logos, images, page layouts, job descriptions, articles, blog posts, guides, videos, software and other material that appears on the Website.

2. Acceptance of these Terms

Your use of the Website constitutes acceptance of these Terms as they exist on the date of your use. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and in that case "you" refers to both you personally and to that entity. If you do not have that authority, you must not use the Website on behalf of that entity or submit a staffing request in its name.

You must be at least eighteen years of age, or the age of majority in your province or territory of residence, to submit personal information, apply for a role or request workers through this Website. We do not knowingly collect information from minors through the Website, and we do not knowingly place workers below the minimum working age set by Ontario law for the type of work in question.

3. Permitted use of the Website

We grant you a limited, revocable, non exclusive, non transferable and non sublicensable licence to access and view the Website for lawful purposes connected with evaluating, requesting or performing staffing and recruitment services. This licence does not transfer any ownership right to you and it may be withdrawn at any time.

3.1 Activities you agree not to undertake

  • Using the Website in any way that breaches any applicable federal, provincial, municipal or international law or regulation.
  • Copying, scraping, harvesting, mirroring, framing, republishing, selling, licensing or otherwise exploiting any portion of the Content for commercial purposes without our prior written consent.
  • Using automated systems, robots, spiders, data mining tools or artificial intelligence crawlers to extract data from the Website in a way that places unreasonable load on our infrastructure or that collects personal information belonging to other users.
  • Attempting to gain unauthorized access to any part of the Website, to any server, database, account or network connected with the Website, or to any system used to store candidate or client information.
  • Introducing viruses, trojans, worms, logic bombs, ransomware, keystroke loggers or any other material that is malicious or technologically harmful.
  • Submitting false, misleading, fraudulent or impersonated information, including false identity documents, false work authorization, false certifications, false licences or a resume that misstates qualifications or experience.
  • Using the Website to transmit unsolicited advertising, chain messages, pyramid schemes, recruitment scams or any communication that requests money from job seekers.
  • Reverse engineering, decompiling or disassembling any software used to deliver the Website, except to the limited extent that such a restriction is expressly prohibited by applicable law.

We reserve the right, but do not accept an obligation, to monitor use of the Website, to investigate suspected breaches of these Terms, to suspend or terminate access, to remove content and to report unlawful activity to law enforcement or to any regulator that has jurisdiction.

4. Our commitment that candidates never pay fees

Agile Employment does not charge job seekers a fee for finding work. We do not charge registration fees, resume fees, interview fees, placement fees, training deposits, equipment deposits or any other charge to a Candidate as a condition of being considered, placed or kept on assignment. Our fees are paid by Clients. If anyone contacts you claiming to represent Agile Employment and asks you for payment, gift cards, cryptocurrency, banking credentials or a processing fee, that person is not acting for us. Please stop communicating with them and report the contact to us immediately at info@agileemployment.ca or (905) 606-0277.

We will never ask a Candidate to send money, to purchase equipment through a third party we introduce, to share online banking passwords, or to accept a cheque and forward part of it to another account. Legitimate offers from us are made in writing by a named recruiter using an agileemployment.ca email address or a verified phone call, and they always identify the Client, the worksite, the rate of pay, the shift and the expected duration of the Assignment.

5. Terms that apply to candidates and workers

5.1 Accuracy of the information you give us

When you submit a resume, complete an application, attend an interview or accept an Assignment, you confirm that the information you have given us is true, current and complete to the best of your knowledge. That includes your legal name, contact details, work authorization in Canada, education, employment history, certifications, licences, forklift or equipment tickets, safety training records, criminal record disclosures where lawfully required for the role, and any restriction that would affect your ability to perform the essential duties of a job safely. Providing false information may result in the withdrawal of an offer, the end of an Assignment and the closure of your file.

5.2 Availability, attendance and communication

Temporary staffing depends on reliable attendance. If you accept an Assignment, you agree to arrive on time, to complete the shifts you have accepted, to follow the Client's site rules, and to tell your Agile Employment coordinator as early as possible if you cannot attend. Repeated absence without notice, walking off a site without notice, or failing to respond to shift confirmations may result in your file being placed on hold or closed. We will always tell you the reason if we take that step, and you may ask us to review the decision.

5.3 Health, safety and the right to refuse unsafe work

Safety is not negotiable. You agree to wear the personal protective equipment required for the site, to follow lockout and machine guarding procedures, to complete the safety orientation provided, and to report every injury, near miss, hazard or unsafe condition to both the Client supervisor and to Agile Employment on the same day it occurs. Under Ontario law you have the right to know about hazards, the right to participate in health and safety matters, and the right to refuse work that you reasonably believe is unsafe. We fully support that right. You will not face reprisal from Agile Employment for exercising it, and any reprisal by a Client will be treated by us as a serious breach of our client terms.

5.4 Pay, records and deductions

Where we are the employer of record for a temporary Assignment, we are responsible for paying you for the hours you actually work, at the rate confirmed to you before the Assignment begins, on our regular pay cycle, with statutory deductions and remittances made as required by law. You agree to submit accurate timesheets or to confirm electronic time records promptly, and you agree that pay for a given period may be adjusted where a timekeeping error, duplicate entry or overpayment is discovered. If you believe your pay is incorrect, tell us within a reasonable period and we will investigate and correct genuine errors without argument.

5.5 Confidentiality and property

During an Assignment you may see confidential information belonging to a Client, including production data, pricing, customer lists, processes, software and personal information about other workers. You agree to keep that information confidential during and after the Assignment, to use it only for the purpose of performing your duties, and to return or securely destroy any Client property, badge, uniform, key, device or document at the end of the Assignment or on request.

5.6 Assignments do not guarantee continuing work

Temporary Assignments vary in length and can end earlier or later than expected because of production volumes, weather, supply chain conditions, client budgets and other factors outside our control. Unless we have given you a written commitment to the contrary, no Assignment carries a guarantee of a specific number of hours, a specific duration or conversion to permanent employment. We will always give you the notice and termination entitlements required by the Employment Standards Act, 2000 and other applicable Ontario law where they apply.

6. Terms that apply to clients

6.1 Requests, confirmations and rates

When a Client asks us to supply Workers, we will confirm the roles, quantity, shift pattern, start date, worksite address, supervisor contact, bill rate, overtime treatment and any special requirement such as licences, certifications or steel toe footwear. A Client's acceptance of a Worker who attends the site, whether that acceptance is given verbally, by email, by signing a timesheet or by permitting the Worker to begin work, is an acceptance of the confirmed rates and of these Terms.

6.2 Invoicing and payment

Unless a signed agreement states otherwise, invoices are issued weekly in arrears for hours worked and are payable within the term stated on the invoice. Time records approved by a Client supervisor, whether approved on paper or electronically, are treated as accurate and payable. Disputes about an invoice must be raised in writing within ten business days of the invoice date, and we will place only the disputed line items on hold while we investigate together. Overdue amounts may attract interest at the rate stated on the invoice, and we may suspend the supply of Workers to an account that remains materially overdue after written notice. We will always attempt to resolve a payment issue by conversation before we take that step.

6.3 Client health and safety obligations

The Client controls the worksite, and the Client is responsible for maintaining a safe workplace, for providing site specific hazard training and orientation, for supervising the work, for maintaining machine guarding and lockout procedures, for supplying site specific personal protective equipment where it is not supplied by us, and for reporting any accident, injury or critical incident involving a Worker to Agile Employment immediately. The Client agrees not to move a Worker to duties that are materially different from the confirmed role, to a different worksite, or to the operation of equipment for which the Worker has not been trained and certified, without our prior agreement.

6.4 Non solicitation, direct hire and conversion fees

We invest substantial time and cost in sourcing, screening, verifying and onboarding Candidates. If a Client, or an affiliate, contractor or related entity of a Client, hires or engages a Worker introduced by us on a direct basis, whether as an employee, an independent contractor, through another staffing supplier or through any other arrangement, within twelve months of the Worker's last day of Assignment or last introduction, a conversion or permanent placement fee becomes payable in accordance with the fee schedule confirmed to the Client. This clause is not intended to prevent any individual from accepting permanent employment. It is intended only to ensure that we are compensated fairly for the introduction, and we are always happy to discuss a planned conversion in advance and to agree a schedule that works for everyone.

6.5 Permanent placement guarantee

For permanent placements, where the applicable fee has been paid in full and on time, and where the placed employee resigns or is terminated for cause within the guarantee period confirmed in writing at the time of engagement, we will provide a replacement search at no additional placement fee. The guarantee does not apply where the role, duties, compensation, reporting line or worksite changed materially after the start date, where the employee was terminated as part of a restructuring, layoff or business closure, where the employee was not paid or supported as described during the hiring process, or where the fee remains unpaid.

6.6 Equal opportunity and lawful instructions

We recruit on the basis of skills, experience, availability and fit with the essential duties of the role. We will not act on any instruction that would require us to screen, exclude or prefer candidates on a ground protected by the Ontario Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. A Client may set genuine, job related requirements such as licences, physical demands supported by an accurate job description, language ability needed for safety, or availability for specific shifts, and we will apply those requirements consistently and lawfully.

7. Website content, job listings and intellectual property

All Content on the Website is owned by Agile Employment or used under licence, and it is protected by Canadian and international copyright, trademark and other intellectual property laws. The Agile Employment name, logo and brand elements are our trademarks and may not be used without our prior written permission. You may print or download extracts of the Content for your own internal, non commercial reference, provided that you do not modify the material and that you do not remove any notice of ownership.

Job listings, rates of pay, shift patterns, blog articles, guides and market commentary published on the Website are provided for general information. Roles fill quickly, and a listing may remain visible for a short period after a position has been filled. Nothing on the Website is an offer of employment, a guarantee of a specific wage, or a promise that a role will remain available. An offer exists only when it has been made to you in writing by an authorized Agile Employment representative and accepted by you.

The information on this Website is not legal advice, employment law advice, tax advice or accounting advice. If you need advice about your specific circumstances, please consult a qualified professional. We take reasonable care with what we publish, but we do not warrant that every article, wage benchmark or regulatory summary is complete or current at the moment you read it.

8. Material you submit to us

When you send us a resume, a cover letter, a portfolio, a staffing request, a review, a message through a form or any other material, you grant us a non exclusive, worldwide, royalty free licence to store, reproduce, process, translate and share that material for the purposes of providing our Services, including sharing your candidate profile with Clients who have live roles that match your background. You keep ownership of your material. You confirm that you have the right to give us that material and that it does not infringe the rights of any third party.

You can ask us at any time to stop sharing your profile with Clients, to update your details, or to remove your file from active consideration. We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.

9. Third party links and services

The Website contains links to third party sites, including our job board at agilejobs.ca, mapping services, social media pages and applicant tracking tools. Those services are operated by other organizations under their own terms and privacy practices. We provide the links for convenience and we do not control, endorse or accept responsibility for the content, availability, security or practices of any third party site. Please review the terms of any third party service before you rely on it.

10. Website availability and changes

We work to keep the Website available, accurate and secure, but we do not warrant uninterrupted access. Access may be suspended, withdrawn, restricted or changed at any time for maintenance, security, capacity or business reasons, with or without notice. We may add, change or remove pages, listings, features and Content at our discretion, and we may update these Terms as our Services and the legal landscape evolve. The date at the top of this page shows when the current version took effect, and continued use of the Website after a change means you accept the revised Terms.

11. Disclaimers

To the fullest extent permitted by applicable law, the Website and the Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non infringement. We do not warrant that the Website will be free of errors, viruses or interruption, that defects will be corrected, or that any particular Candidate will be suitable for a particular role, or that any particular role will be suitable for a particular Candidate.

We screen Candidates carefully, we verify what we say we verify, and we describe roles accurately as they are described to us. We do not, however, guarantee the future performance, attendance, honesty or continued availability of any individual, and we do not guarantee the future conduct, solvency or business decisions of any Client. Clients remain responsible for their own supervision, site rules, performance management and hiring decisions. Candidates remain responsible for their own conduct and for satisfying themselves about any role they accept.

12. Limitation of liability

To the fullest extent permitted by applicable law, Agile Employment will not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, or for any loss of profit, revenue, production, goodwill, business opportunity, contract, anticipated saving or data, arising out of or in connection with the Website, the Services, an Assignment, a placement, a delay, a cancellation, a no show, or any act or omission of a Worker or a Client, whether the claim is framed in contract, tort, negligence, statute or otherwise, and whether or not we were advised of the possibility of the loss.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or in connection with any claim relating to the Website or to a specific Assignment or placement is limited to the total fees actually paid to Agile Employment by the Client for the specific Assignment or placement giving rise to the claim during the three month period immediately before the event that caused the claim, or one hundred Canadian dollars where no fees were paid.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, personal injury or death caused by negligence, or any statutory entitlement of a Worker under Ontario employment standards, human rights, occupational health and safety or workplace insurance legislation. If a court finds any part of this section unenforceable, the remainder continues to apply.

13. Indemnity

You agree to indemnify, defend and hold harmless Agile Employment and its officers, directors, employees and agents from and against any claim, demand, proceeding, loss, damage, fine, penalty, cost or expense, including reasonable legal fees, arising out of or connected with your breach of these Terms, your misuse of the Website, your provision of false or misleading information, your infringement of a third party right, or, in the case of a Client, your failure to maintain a safe worksite or to comply with applicable employment, safety and workplace insurance obligations. Agile Employment likewise agrees to be responsible for loss directly caused by its own negligence or wilful misconduct, subject to the limits set out in these Terms.

14. Events outside our control

Neither party is liable for a failure or delay in performing an obligation under these Terms where the failure or delay results from an event beyond that party's reasonable control, including severe weather, flood, fire, power failure, telecommunications or internet failure, labour disruption at a third party, public health emergency, epidemic, government order, civil unrest, war, act of terrorism, cyber attack or supply chain interruption. The affected party will notify the other party promptly and will take reasonable steps to reduce the impact and to resume performance.

15. Suspension and termination

We may suspend or terminate your access to the Website, your candidate file or the supply of Services, immediately and without liability, if you materially breach these Terms, if you create a safety risk, if you behave abusively toward our staff, Workers or Clients, if you provide false information, or if we are required to do so by law. On termination, the sections of these Terms that by their nature should survive, including intellectual property, non solicitation, confidentiality, disclaimers, limitation of liability, indemnity and governing law, will continue in force.

16. Privacy

Our collection, use, disclosure and retention of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Website or our Services, you consent to the handling of personal information as described in that policy.

17. Governing law and dispute resolution

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation, whether contractual or non contractual, are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the Region of Peel or in Toronto, subject to any statutory forum that has exclusive authority over an employment standards, human rights, safety or workplace insurance matter.

Before starting a court proceeding, both parties agree to attempt in good faith to resolve the dispute by direct discussion between senior representatives, and then, if that does not succeed within thirty days, by mediation with a mutually acceptable mediator in Ontario, with the parties sharing the mediator's fees equally. This step does not prevent either party from seeking urgent injunctive relief, and it does not limit any right a Worker has to file a complaint with a tribunal or regulator.

18. General provisions

  • Entire agreement. These Terms, together with our Privacy Policy and any signed service agreement, form the entire agreement between you and Agile Employment about the subject matter covered here.
  • Severability. If any provision is found to be invalid or unenforceable, that provision is limited or removed to the minimum extent necessary and the remaining provisions stay in full force.
  • No waiver. A failure or delay in enforcing a right is not a waiver of that right or of any other right.
  • Assignment. You may not assign your rights under these Terms without our written consent. We may assign these Terms to an affiliate or to a successor in connection with a reorganization, merger or sale of the business.
  • Independent parties. Nothing in these Terms creates a partnership, joint venture, franchise or agency relationship between Agile Employment and a Client.
  • Notices. Notices to us should be sent by email to info@agileemployment.ca or by mail to our Mississauga office. Notices to you may be sent to the email or postal address in your file.
  • Language. The parties confirm that it is their wish that these Terms be drawn up in the English language.
  • Accessibility. We aim to meet the requirements of the Accessibility for Ontarians with Disabilities Act. If you need this page or any part of our process in an alternative format, contact us and we will arrange it.

19. How to contact us

Questions about these Terms, about an Assignment, about an invoice or about a concern of any kind can be directed to our Mississauga team. We answer every enquiry, and we would rather hear about a problem early than read about it later.

  • Email: info@agileemployment.ca
  • Phone: (905) 606-0277
  • Toll free: 1-800-344-4078
  • Office: 55 Village Centre Pl Ste 200, Mississauga, ON L4Z 1V9

Thank you for reading. These Terms exist so that Clients know what to expect from us, so that Candidates know their rights and their responsibilities, and so that Agile Employment can keep placing people in good work quickly, safely and fairly.