Terms & Conditions

Website Terms of Use

This section governs your use of the Swift Hire marketing website located at https://swifthireapp.com. It does not replace the in-app service agreements below.

Use of the Website

You may use this website for lawful purposes only. You agree not to misuse the website, interfere with its normal operation, or attempt to access it using a method other than the interface we provide.

Intellectual Property

The Swift Hire name, logo, and all website content are owned by 17847688 Canada Corporation (dba Swift Hire) or its licensors and are protected by copyright and trademark law. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

Disclaimer

This website and its content are provided "as is" without warranties of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the maximum extent permitted by law, 17847688 Canada Corporation (dba Swift Hire) shall not be liable for any indirect, incidental, or consequential damages arising from your use of this website.

Governing Law

These website Terms & Conditions are governed by the laws of the Province of Ontario, Canada, and any disputes shall be subject to the exclusive jurisdiction of the courts of Caledon, Ontario.

Contact

Questions about these terms can be sent to support@swifthireapp.com.

Employer In-App Agreement

This is the agreement employers accept in-app when registering a Swift Hire employer account. It governs recruitment and staffing services, not use of this website.

IMPORTANT NOTICE: PLEASE READ THIS TERMS OF SERVICE AND MASTER RECRUITMENT AGREEMENT ("AGREEMENT") CAREFULLY. BY CREATING AN ACCOUNT, REGISTERING AS AN EMPLOYER, SUBMITTING A JOB ORDER, CLICKING "I AGREE", OR UTILIZING THE SERVICES PROVIDED BY 17847688 CANADA CORPORATION dba SWIFT HIRE ("AGENCY"), YOU ("CLIENT") ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH THE AGENCY.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Digital Acceptance and Electronic Signatures

Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) (alongside provincial electronic commerce legislation), the parties agree that electronic acceptance of this Agreement (via clicking "I Agree", "Register", or digital signature) carries the exact same legal weight, validity, and enforceability as a handwritten signature on paper.

2. Scope of Services & Multi-Jurisdictional Applicability

17847688 CANADA CORPORATION (operating as Swift Hire) (the "Agency") operates as a non-exclusive recruitment and staffing source across North America. These terms apply to any and all operations, subsidiaries, affiliates, or physical locations of the Client within any State of the United States of America or any Province/Territory of Canada where a Candidate is introduced, interviewed, or engaged.

3. Comprehensive Fee Structure & "Backdoor" Protection

A. Permanent Placement Fees

If the Client or any affiliate, subsidiary, or related entity hires, engages as an independent contractor, or utilizes a Candidate introduced by the Agency within twelve (12) months of the most recent introduction, the Client shall pay a placement fee equal to 15% of the Candidate's first-year gross estimated annual compensation.

• Gross annual compensation includes base salary, guaranteed or projected bonuses, commissions, and sign-on incentives, calculated on an annualized basis.

B. Indirect / "Backdoor" Hires & Third-Party Referrals

If the Client attempts to bypass the Agency by hiring a Candidate directly without reporting, or refers, passes on, or discloses a Candidate's resume or information to any third party (including vendors, clients, business partners, or unrelated entities) who subsequently engages or hires the Candidate within twelve (12) months of the Agency's initial introduction, the Client shall be penalized and remain liable to pay an ongoing fee of 20% of the Candidate's gross annual compensation or total generated billings for the entire duration of that Candidate's employment or engagement.

C. Temporary / Contract Placement & Ongoing Service Fees

For temporary or contract placements, Candidates supplied by the Agency shall remain employees or independent contractors of the Agency exclusively.

• Ongoing Service Fee: The Client agrees to pay the Agency an ongoing service fee equal to 15% of the total gross billings generated by or associated with the Candidate's placement for the entire duration of their assignment or work relationship with the Client.
• Agency Placement Status: Under no circumstances does a temporary or contract Candidate automatically convert to a direct employee of the Client. The Candidate remains under the Agency's payroll umbrella unless a separate, express written buyout agreement is executed by both parties.

4. Payment Terms, Currencies, Late Fees, and Collection Costs

• Currency: All fees will be invoiced and payable in the currency of the country where the position is located (e.g., USD for U.S.-based roles, CAD for Canada-based roles) unless otherwise specified in writing.
• Payment Window: All invoices are due Net 7 days from the invoice date.
• Late Interest: Past-due amounts will accrue interest at a rate of 3.0% per month (36% per annum) or the maximum legal rate permitted under applicable local law, whichever is lower, calculated daily from the due date until paid in full.
• Collection Costs: The Client agrees to pay all costs of collection, including reasonable attorneys' fees, paralegal fees, court costs, and collection agency fees incurred by the Agency in recovering past-due balances.

5. Strict Conditional Guarantee & Replacement Policy

The Agency provides a 90 calendar day replacement guarantee from the Candidate's start date for permanent placements, subject to the following strict conditions:

1. Payment Condition: The original invoice must have been paid in full within the strict 7-day payment terms specified in Section 4.

2. Notification Condition: The Client must notify the Agency in writing via email within five (5) business days of the Candidate's termination or resignation.

3. Exclusions: This guarantee is null and void if the Candidate is terminated due to corporate restructuring, downsizing, layoff, elimination of the position, or material modifications to the original job description or compensation structure.

4. Sole Remedy: The Agency's sole obligation under this guarantee is to provide a replacement Candidate for the same position. Under no circumstances will a cash refund or credit balance be issued.

6. Comprehensive Limitation of Liability & Screening Disclaimer

• Candidate Misrepresentation: The Agency conducts standard screenings, initial interviews, and reference verifications based on the information provided by Candidates. However, the Agency does not guarantee, warrant, or represent the accuracy, honesty, credentials, criminal history, background checks, or capabilities of any Candidate. The Client retains ultimate responsibility to perform its own due diligence, verification testing, background screening, and reference validation prior to extending an employment offer.
• No Liability for Losses: To the maximum extent permitted by applicable law, the Agency, its directors, officers, employees, and agents shall not be liable to the Client or any third party for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, without limitation, property damage, bodily injury, motor vehicle accidents, theft, fraud, embezzlement, data breaches, loss of profits, or willful misconduct committed by any Candidate introduced or assigned by the Agency.
• Liability Cap: In no event shall the Agency's total aggregate liability arising out of or related to this Agreement, whether in contract, tort, indemnity, or otherwise, exceed the total fees actually paid by the Client to the Agency for the specific placement giving rise to the claim during the immediate twelve (12) months preceding the claim.

7. Regulatory and Employment Compliance

• Employer of Record Status: For all permanent placements, the Candidate is an employee solely of the Client. The Client assumes exclusive responsibility for compliance with all federal, state, provincial, and local employment laws, including but not limited to the U.S. Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Canadian Human Rights Act, provincial Employment Standards Acts (ESAs), workers' compensation insurance, payroll tax withholdings, and health insurance mandates.
• Workplace Safety (For Temporary/Contract Workers): If the Agency provides temporary staffing, the Client is responsible for maintaining a safe workplace environment that complies with the Occupational Safety and Health Act (OSHA) in the U.S. or the provincial Occupational Health and Safety Act (OHSA) in Ontario / Canada. The Client shall provide all necessary site-specific safety inductions and Personal Protective Equipment (PPE). The Client shall not permit temporary workers to operate commercial motor vehicles, heavy industrial machinery, or handle hazardous materials without the express, prior written authorization of the Agency.

8. Indemnification

The Client agrees to defend, indemnify, and hold harmless the Agency, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, lawsuits, penalties, and expenses (including reasonable legal and attorneys' fees) arising out of or resulting from:

• The Client's breach of any term, representation, or warranty contained in this Agreement.
• Any acts, omissions, negligence, or willful misconduct of the Client or its employees.
• Any employment-related claims, wrongful termination claims, or human rights/discrimination complaints brought by a Candidate stemming from the Client's workplace environment, hiring practices, or management decisions.

9. Data Privacy, Confidentiality & Cross-Border Compliance

• Confidential Information: All Candidate profiles, resumes, and contact details transmitted by the Agency are strictly confidential. The Client agrees to use this data solely for the purpose of evaluating Candidates for employment and will prevent unauthorized disclosure or access.
• Privacy Compliance: Both parties agree to handle personal data in strict compliance with applicable North American privacy laws, including the California Consumer Privacy Act (CCPA), other state-level U.S. privacy regulations, and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

10. Non-Solicitation of Agency Staff

During the term of this Agreement and for a period of twelve (12) months following its termination, the Client shall not directly or indirectly solicit, recruit, or hire any internal employees of the Agency. A breach of this section shall result in a liquidated damages fee equal to 40% of the Agency employee's newly established annualized salary at the Client's organization, plus all associated legal fees incurred to enforce this provision.

11. Multi-Jurisdictional Governing Law and Dispute Resolution

Because this Agreement is designed for digital execution across North America, the governing law shall adapt to provide predictable, legal stability:

• Governing Law: This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
• Jurisdiction for Disputes: Any formal legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in the town of Caledon, Ontario (or the respective regional judicial district of Peel), and both parties irrevocably submit to the personal and exclusive jurisdiction of such courts.
• Alternative Local Jurisdiction Option: Notwithstanding the above, the Agency reserves the unilateral right to bring collections actions or seek injunctive relief against the Client in the courts of the specific state, province, or city where the Client's primary business operations or corporate headquarters are located.

12. Severability, Savings Clause, and Entire Agreement

• Savings Clause / Severability: If any provision, clause, or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable under local state, provincial, or federal regulations, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. The invalidity of any single clause shall not affect the validity, legality, or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
• Entire Agreement: This online Agreement, along with any digital Job Orders submitted by the Client on the website, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior proposals, understandings, or communications, written or oral.

ELECTRONIC ACKNOWLEDGEMENT

BY CLICKING THE "I ACCEPT" CHECKBOX, REGISTERING AN ACCOUNT, OR SUBMITTING APPLICANT REQUESTS ON THIS PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND INTEND TO BE LEGALLY BOUND BY IT.

Candidate (Worker) In-App Agreement

This is the agreement workers accept in-app when registering a Swift Hire worker account. It governs your use of the platform as a job candidate.

IMPORTANT NOTICE: PLEASE READ THIS CANDIDATE TERMS OF SERVICE AND PLACEMENT AGREEMENT ("AGREEMENT") CAREFULLY. BY CREATING AN ACCOUNT, UPLOADING A RESUME, REGISTERING AS A JOB SEEKER, CLICKING "I AGREE", OR UTILIZING THE PORTAL AND SERVICES PROVIDED BY 17847688 CANADA CORPORATION dba SWIFT HIRE ("AGENCY"), YOU ("CANDIDATE") ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH THE AGENCY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, PORTAL, OR PLATFORM.

1. Digital Consent and Electronic Signatures

Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), the Candidate agrees that electronic acceptance of this Agreement (via checking a box, clicking "I Agree", or creating an account) carries the exact same legal validity and enforceability as a handwritten signature on physical paper.

2. Nature of Services & Multi-Jurisdictional Scope

The Agency acts as a specialized recruitment, talent matching, and staffing platform across North America. Registration on the platform does not guarantee placement, employment offers, or interviews with prospective employers ("Clients"). The Agency acts as an intermediary connecting Candidates with potential career opportunities in various states, provinces, and territories.

3. Candidate Obligations, Accuracy, and Representations

The Candidate represents, warrants, and agrees that:

• Honesty of Information: All information, resumes, work history, references, licenses, background responses, and certifications provided to the Agency or uploaded to the platform are completely accurate, truthful, and free of misrepresentation.
• Updates: The Candidate will promptly update their profile if their employment status, contact info, or legal right to work changes.
• Verification Permission: The Candidate grants the Agency explicit authorization to verify employment history, professional references, credentials, and, where requested by a Client or required by law, to facilitate standard background or credit checks.

4. Exclusive Client Introduction & "Backdoor" Prevention

To protect the Agency's business model and operations, the Candidate agrees to the following placement rules:

• Exclusive Introduction: Once the Agency introduces, profiles, or submits the Candidate to a specific Client, that introduction is tracked and logged for a period of twelve (12) months.
• Prohibition of Bypassing: The Candidate shall not directly or indirectly apply to, negotiate with, or accept a direct position, independent contract, or side engagement from that specific Client outside of the Agency's platform within twelve (12) months of the initial introduction.
• Duty to Disclose: If an introduced Client contacts the Candidate directly to bypass the Agency, the Candidate must immediately report this communication to the Agency.

5. Employment Status & Compensation Relationships

A. Permanent Placements

For roles designated as direct, permanent hires, the Candidate acknowledges that they will become a direct employee of the Client upon hiring. The Agency is not the employer of record for permanent placements and holds no liability regarding the Client's corporate payroll, workplace environment, scheduling, benefits, or termination policies.

B. Temporary or Contract Placements (Staffing Assignments)

If the Candidate accepts a temporary or contract assignment where the Agency acts as the Employer of Record:

• The Candidate will be paid directly by the Agency (or its designated payroll processor) based on approved hours submitted through timesheets.
• The Candidate remains an employee/contractor of the Agency and cannot transition to the Client's direct payroll or contract roster without express written clearance from the Agency.
• Timesheet Submission: The Candidate agrees to submit timesheets accurately and on time through the portal as instructed for each assignment.

6. Comprehensive Limitation of Liability & Disclaimers

• No Guarantee of Employment: The Agency does not guarantee that using the platform will result in an employment offer or placement.
• Employer Actions: The Agency is not responsible or liable for any actions, omissions, policy changes, hiring freezes, contract cancellations, discriminatory practices, or toxic work environments created by third-party Clients.
• Platform Downtime: The platform and services are provided on an "as-is" and "as-available" basis. The Agency shall not be liable for any lost data, technical glitches, or platform downtime that may delay job applications.
• Liability Cap: To the maximum extent permitted by applicable law, the Agency's total aggregate liability to the Candidate for any claims arising out of this Agreement—whether in contract, tort, or equity—shall be strictly limited to $100 CAD.

7. Workplace Safety Obligations

For any temporary or contract assignments, the Candidate agrees to:

• Comply with all health and safety guidelines outlined by the local jurisdiction (e.g., OSHA in the US, OHSA in Ontario).
• Utilize all required Personal Protective Equipment (PPE) specified for the work site.
• Right to Refuse Unsafe Work: Immediately stop work and notify the Agency if they are asked to perform duties outside their initial job description, operate heavy commercial machinery without training, or if they find themselves in an unsafe working environment.

8. Data Privacy and Confidentiality

• Candidate Privacy: The Agency will manage Candidate personal data in strict accordance with North American privacy frameworks, including PIPEDA (Canada) and state-level privacy acts like the CCPA (USA). Resumes and files will only be shared with verified corporate Clients for recruitment purposes.
• Client Confidentiality: The Candidate may gain access to proprietary job descriptions, corporate structures, or trade secrets of Clients during interviews. The Candidate agrees to keep all non-public information completely confidential.

9. Term and Termination

This Agreement remains active as long as the Candidate maintains an active profile on the platform. The Agency reserves the right to suspend or terminate a Candidate's account immediately and without notice if a breach of these terms occurs (such as uploading fraudulent documents or conducting backdoor hiring maneuvers).

10. Governing Law and Exclusive Jurisdiction

• Governing Law: This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.
• Jurisdiction for Disputes: Any formal legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in the town of Caledon, Ontario (or the respective regional judicial district of Peel), and the Candidate irrevocably submits to the exclusive personal jurisdiction of such courts.

11. Severability and Entire Agreement

If any clause or provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, that clause shall be modified to the minimum extent necessary to make it valid, and the remaining text of the contract shall continue in full force and effect. This document constitutes the entire placement agreement between the Candidate and the Agency.

CANDIDATE ACKNOWLEDGEMENT & CONSENT

BY CHECKING THE "I AGREE" BOX, CREATING A LOGIN PROFILE, OR UPLOADING PROFILE MATERIALS ON THIS WEBPAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PLACEMENT AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND YOUR DUTIES AND THE REGULATORY DISCLAIMERS, AND INTEND TO BE LEGALLY BOUND BY EVERY TERM.