Terms & Conditions
IMPORTANT: PLEASE READ CAREFULLY.
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Axcess Talent Management Solutions (“Company”, “We”, “Us”, or “Our”) and the individual or entity accessing our services (“You”, “User”, or “Candidate”).
By accessing the website (www.axcesstms.com), submitting a resume, registering as a candidate, or accepting a job assignment through Us, You explicitly acknowledge that You have read, understood, and agree to be bound by these Terms.
1. Interpretation and Definitions
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Company: Axcess Talent Management Solutions.
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Candidate: An individual seeking employment or placement through the Company.
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Client: A third-party business to which the Candidate is introduced or assigned by the Company.
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Service: The Website, recruitment, staffing, and payroll services provided by the Company.
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Placement: A temporary, contract, or permanent work assignment with a Client.
2. No Guarantee of Employment
Registration with Axcess Talent Management Solutions does not guarantee employment.
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At-Will Nature: Unless otherwise specified in a separate written employment contract, Your relationship with Us is on an “at-will” or “casual” basis, meaning assignments may start or end at any time without notice.
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No Obligation: The Company is under no obligation to offer You a specific number of hours, specific assignments, or specific Clients.
3. Candidate Representations and Warranties
By registering with Us, You represent and warrant that:
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Accuracy of Information: All information provided in Your resume, application, and interviews is true, accurate, and complete. Falsifying education, experience, or credentials is grounds for immediate termination and permanent blacklisting.
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Right to Work: You are legally authorized to work in Canada and possess valid documentation (SIN, Work Permit, PR, or Citizenship). You agree to notify Us immediately if your status changes.
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Background Checks: You authorize the Company to conduct necessary background checks, including but not limited to criminal record checks, credit checks (where applicable), and reference verification.
4. Code of Conduct and Professionalism
When deployed to a Client site, You are a representative of Axcess Talent Management Solutions. You agree to:
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Zero Tolerance Policy: We maintain a strict zero-tolerance policy regarding harassment, discrimination, theft, violence, and substance abuse. Any breach will result in immediate termination.
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Drug and Alcohol: You agree to comply with all Client policies regarding drug and alcohol testing. Being under the influence of drugs or alcohol while on assignment is strictly prohibited.
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Attendance: You must arrive on time for all assignments. Failure to show up (“No-Call, No-Show”) without valid emergency proof will result in immediate termination of services.
5. Timesheets and Payroll
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Accuracy: You are responsible for submitting accurate timesheets by the designated deadline. Delays in submission will result in delays in payment.
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Fraud: Intentionally falsifying hours worked is considered fraud. Axcess Talent Management Solutions reserves the right to pursue legal action and criminal charges against any individual submitting fraudulent timesheets.
6. Non-Circumvention and Non-Solicitation
You acknowledge that the Company expends significant resources finding and maintaining Client relationships.
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Non-Circumvention: If We introduce You to a Client, You agree not to approach that Client directly for employment for a period of twelve (12) months following the introduction, bypassing the Company to avoid agency fees.
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Conversion: If a Client wishes to hire You permanently, they must do so through the Company’s established conversion process. Collusion with a Client to work “off the books” or directly to avoid fees is a material breach of these Terms.
7. Intellectual Property and Confidentiality
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Client Property: Any work, inventions, designs, or data produced by You during a Placement belong solely to the Client (“Work Made for Hire”). You waive all moral rights to such work.
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Confidentiality: You will be exposed to sensitive Client information. You agree to keep all trade secrets, customer lists, and operational details strictly confidential during and after your assignment. Unauthorized disclosure may result in legal action by the Client or the Company.
8. Safety and Workers’ Compensation (WCB)
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Compliance: You agree to follow all health and safety protocols established by the Client and applicable Occupational Health and Safety (OHS) laws.
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Reporting: You strictly agree to report ANY workplace injury or “near miss” to Axcess Talent Management Solutions IMMEDIATELY (within 24 hours). Failure to report an injury promptly may jeopardize your eligibility for Workers’ Compensation Board (WCB) benefits and is a breach of these Terms.
9. Personal Property, Lost Items, and Courier LiabilityÂ
You acknowledge and agree that Axcess Talent Management Solutions and its Affiliates, Clients, and partners are NOT RESPONSIBLE for the safety, security, or integrity of Your personal property.
A. Items Left on Premises or Client Sites The Company assumes no liability whatsoever for any personal items, valuables, devices, clothing, tools, or other property that is lost, stolen, damaged, or misplaced while You are on the Company’s premises or at any third-party Client site. You are solely responsible for safeguarding your personal belongings at all times. Any items left behind for more than [24/48] hours may be deemed abandoned and disposed of at the Company’s sole discretion.
B. Delivery and Courier Services (Automatic Return Policy & Gratuitous Bailment) In the event that You leave an item at the Company’s office or a Client site, the Company reserves the right, but has no legal obligation, to arrange for its return via a third-party courier, mail, or delivery service. By engaging with the Company, You irrevocably agree to the following terms:
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Unilateral Action & Address on File: The Company may ship the item without Your prior knowledge, consent, or authorization. Shipments will be directed exclusively to the address You have currently on file. You bear the sole responsibility for maintaining a current and correct address. The Company accepts no liability for items delivered to an outdated, incorrect, or inaccessible address on file.
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Gratuitous Service & No Duty of Care: You acknowledge that this service is provided solely as a courtesy (gratuitous bailment). The Company assumes no duty of care regarding the packaging, labeling, or handling of the item. The item is shipped “AS IS,” and the Company makes no warranties regarding the item’s condition prior to or after shipment.
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Courier Selection & No Declared Value: The Company has sole discretion to select the courier, service level, and packaging method. The Company will not purchase insurance, tracking, or signature confirmation, nor will it declare a value for the shipment. You waive any right to claim the Company should have insured the item.
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Assumption of Risk & Release: You assume the sole and entire risk of loss, theft, damage, seizure, or delay during transit. You hereby release, indemnify, and hold harmless the Company from any claims, demands, or causes of action arising out of the handling or shipment of Your property.
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Undeliverable Items & Disposal: If a shipment is returned to the Company as undeliverable, refused, or unclaimed, the Company reserves the right to immediately dispose of, destroy, or donate the item without further notice or liability to You.
10. Links to Other Websites
Our Service may contain links to third-party websites. The Company has no control over and assumes no responsibility for the content or practices of any third-party websites. You access them at Your own risk.
11. Termination of Access
We may terminate or suspend Your access to our Service and remove You from our roster immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, business interruption, or personal injury) arising out of or in any way related to Your use of the Service or Your employment on a Client site.
13. Indemnification
You agree to defend, indemnify and hold harmless the Company, its Clients, and their respective officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from:
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Your use of the Service;
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Your violation of any term of these Terms;
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Your violation of any third-party right, including Client intellectual property or privacy rights;
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Any claim that Your actions caused damage to a third party or Client.
14. Governing Law
The laws of the Province of Alberta and the laws of Canada applicable therein shall govern these Terms. You agree to submit to the exclusive jurisdiction of the courts located in Alberta for the resolution of any disputes.
15. Severability and Waiver
If any provision of these Terms is held to be unenforceable, that provision will be modified to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. By continuing to access or use Our Service, submit timesheets, or accept assignments after those revisions become effective, You agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us: By email: info@axcesstms.com