1. How these terms work
These terms apply to services provided by Klusa Holdings Inc. through its divisions Klusa Workforce and Klusa Business Solutions. If there is a conflict, the following order applies: (1) a signed agreement or statement of work, (2) the accepted quote, (3) these terms.
2. Quotes
- Quotes are free and carry no obligation.
- A quote is based on the information available when it is prepared and is valid for 30 days unless it says otherwise.
- If the scope, schedule or assumptions change, we will provide a revised quote before doing the extra work.
- Prices are in Canadian dollars. Applicable taxes, such as HST, are added unless the quote says otherwise.
3. Invoices and payment
Invoicing schedules, deposits and payment terms are set out in your quote or agreement. Overdue amounts may bear interest at the rate stated in your agreement. We may pause work while an account is overdue, after giving you notice.
4. Your responsibilities
You agree to give us accurate information, timely decisions and the access we reasonably need, and to tell us promptly about changes that affect the work.
5. Klusa Workforce: staffing services
- Employer of record. Workers we assign to you are employed by Klusa. We pay their wages, make statutory deductions and remittances, and maintain workplace-insurance coverage and employment records.
- Hours. You confirm or approve worked hours each pay period, as set out in your agreement. Invoices are based on approved hours.
- Direction and safety. You direct the day-to-day work and must provide a safe workplace, site-specific training, required protective equipment and supervision in line with Ontario’s Occupational Health and Safety Act. Please report any workplace injury or incident involving our workers to us immediately.
- Hiring our workers. You may offer direct employment to any worker we assign to you. A fee may apply only if you hire the worker within the first six months of their assignment with you, as set out in your agreement and as permitted by the Employment Standards Act, 2000.
- Permanent placement. The placement fee and any replacement terms are stated in your quote or agreement.
- No fees to workers. We never charge workers or job seekers any fee for employment, assignments or job-search help.
Workers can learn about their rights in the Ontario government’s guide.
6. Klusa Business Solutions: technology services
- Third-party products. Software, payment processing, hosting and hardware are supplied by third parties under their own terms, fees and processing rates, which you accept directly with them. We are not responsible for their outages, price changes or policies.
- Your accounts and hardware. Accounts are opened in your business’s name and hardware is purchased in your name, so ownership and manufacturer warranties stay with you. You can change passwords or remove our access at any time.
- Your data. You own your data. You are responsible for the accuracy of the data you give us and, unless a support plan says otherwise, for maintaining backups.
- Websites. Once you have paid in full, you own the website content and design we create for you, excluding third-party components (such as themes, plugins, fonts and stock images), which remain subject to their licences, and our pre-existing tools and know-how.
- Support plans. Coverage, response expectations, included changes, exclusions and notice periods are set out in your plan. Work outside the plan is quoted separately.
- Regulated information. If your business handles health or other regulated information, you remain responsible for meeting the laws that apply to it, such as Ontario’s Personal Health Information Protection Act. We will configure systems according to your instructions.
- Referral fees. Some providers pay us referral fees or revenue share. See our partner disclosure.
7. Confidentiality
Each of us will keep the other’s confidential information private and use it only for the services, except where disclosure is required by law.
8. Limitation of liability
To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, and Klusa’s total liability arising from a service is limited to the fees you paid for that service in the 12 months before the claim. This does not limit liability that cannot be limited by law.
9. Ending a service
Either of us may end a service as set out in the agreement. You pay for work performed and costs committed up to the end date.
10. Governing law
These terms are governed by the laws of Ontario and the federal laws of Canada that apply there.