Terms of Service - Customers
OpenTemp is a licensed employment agency pursuant to Part 2 of the British Columbia Employment Standards Act and providing a digital matching service between candidates for temporary or ongoing employment (“Candidates”) and prospective employers (“Customers”).
OpenTemp offers its services to Customers on the terms set out below. Please sign below to accept these Terms of Service.
1. OpenTemp provides a digital matching service providing Customers seeking to hire employees access to Candidate profiles matching the search criteria identified by the Customer.
2. OpenTemp will provide the Customer with a request form setting out the criteria the Customer wishes to search for. OpenTemp will provide the Customer with access to Candidate profiles matching the Customer’s search criteria.
3. OpenTemp does not charge Candidates a fee to post their profile on the OpenTemp digital matching platform.
4. [One time fee] The Customer agrees to pay OpenTemp a match fee of $45 in advance, for each search requested by the Customer which results in a match with a Candidate profile.
6. The Customer may cancel its subscription by providing OpenTemp with written notice of cancellation before the 15th day of the month in which case the cancellation will take effect on the last day of the month in which cancellation notice is provided. In the event of cancellation, the Customer will be charged the full subscription fee for the month in which the service is cancelled.
7. OpenTemp reserves the right to cancel its matching service on 15 days’ notice and will refund any pre-paid subscription on a pro-rated basis in accordance with the proportion of the month in which the matching service was available prior to cancelation.
8. Temporary service interruptions do not amount to a termination or cancellation of service.
OpenTemp is not an Employer
9. OpenTemp is not the employer of the Candidates made available through its matching service.
10. If the Customer hires a Candidate, it alone is the employer of that Candidate. OpenTemp bears no responsibility in respect of the Candidate for any employer obligations under the laws of British Columbia, including but not limited to the common law, the British Columbia Employment Standards Act (“ESA”) and all other applicable legislation.
11. The Customer agrees not to represent to any Candidate that OpenTemp is an employer of the Candidate.
Limitation of Liability and Indemnification
12. OpenTemp does not guarantee or verify the accuracy of any information in Candidate profiles.
13. OpenTemp does not conduct interviews, reference checks or any pre-employment screens of Candidates.
14. OpenTemp does not warrant or in any way represent or guarantee the suitability or qualifications of Candidates for employment with the Customer.
15. OpenTemp is not responsible for inaccuracies or misinformation in any Candidates’ profile.
16. OpenTemp is not responsible for any loss or damages due to a delay in providing the Customer with a match or due to a Candidate failing to attend work once hired by the Customer.
17. OpenTemp is not responsible for any loss or damage caused by any Candidate hired by the Customer.
18. OpenTemp is not responsible for any misconduct or negligence of a Candidate hired by the Customer.
19. OpenTemp provides no services to the Customer in relation to hiring a Candidate beyond providing that Candidate’s profile to the Customer for its consideration if it matches the Customer’s stated search criteria.
20. The Customer is responsible, as the employer of the Candidate, for any and all claims arising out of the Candidate’s employment with the Customer.
21. The Customer agrees OpenTemp is not liable for any claim made by a Candidate in relation to their employment with the Customer and agrees to indemnify and hold harmless OpenTemp for all costs, expenses, penalties, damages or payments of any kind whatsoever which OpenTemp may incur in relation to a Candidate’s employment with a Customer. This includes, but is not limited to, a third party making a claim against OpenTemp in relation to the conduct or misconduct of a Candidate.
22. This agreement is governed by the laws of British Columbia.