Any Hire Terms
Last edited: 18/04/2024
These Careerforge Any Hire Terms ("Any Hire Terms") constitute the agreement between you (the "Client" or the "Contractor", as applicable) and Careerforge Inc. ("Careerforge") regarding the Any Hire services accessible via the website at www.careerforge.com/anyhire as outlined in these Any Hire Terms ("Any Hire Services"). These terms are an integral part of and are incorporated by reference into the Careerforge User Agreement and other Service Terms (collectively, the "Agreement"). The Any Hire Terms supplement and, unless explicitly stated otherwise, do not override or limit similar terms in the Service Terms. Definitions for capitalized terms not provided here are found in the User Agreement or elsewhere in the Service Terms.
To utilize the Any Hire Services, you must consent to adhere to the Any Hire contract terms, including the Dispute Process and Arbitration and Class Action Waiver detailed in the User Agreement. If you do not agree to these terms, including the arbitration and class action waiver, you are prohibited from using or accessing the Any Hire Services.
1. ESCROW SERVICES
Both Client and Contractor recognize and agree that the Any Hire Contract Escrow Instructions are applicable to any engagements facilitated through the Any Hire Services (each referred to as an "Any Hire Contract"). Careerforge Escrow provides escrow services but only ensures payment to the Contractor if: (a) Careerforge has received payment from the Client on behalf of the Contractor, (b) the Client has instructed that these funds be released to the Contractor, and (c) any hold or security period has elapsed. Apart from these conditions, Careerforge does not assure that Clients are able or will pay Contractors. Both parties acknowledge that these escrow services are designated for business transactions and agree to use them solely for such purposes and not for personal, family, or household uses.
2. ROLE OF CAREERFORGE
The Client and Contractor understand and agree that Careerforge is neither involved in nor responsible for any work conducted by the Contractor, nor any payments made under an Any Hire Contract except as stipulated in Section 1 (Escrow Services). Careerforge does not control either party and does not guarantee that either will fulfill their contractual obligations. Careerforge does not set eligibility criteria, select Contractors for services, dictate Any Hire Contract terms, or influence a Contractor’s decision to accept a contract.
3. ANY HIRE COMPLIANCE SERVICES
3.1 WORKER CLASSIFICATION
Based on the information provided by both parties regarding each Any Hire Contract, Careerforge will determine the correct worker classification (e.g., independent contractor or employee). Accurate classification relies on various factors, including information controlled by the Client. Both parties must supply Careerforge with all requested information concerning the Any Hire Contract and worker classification accurately and promptly, and must notify Careerforge immediately of any changes.
3.2 CONTRACTOR ENGAGEMENT
If the Client accepts Careerforge’s worker classification, depending on the determination, Careerforge will either:
(i) engage the Contractor as an independent contractor for up to six months, with Careerforge Talent Group Inc. acting as the agent of record, or (ii) facilitate the hiring of the Contractor as an employee through Careerforge Payroll Services (as defined in the Careerforge Payroll Agreement). Careerforge may assign the engagement of Contractors to third parties. Careerforge and any Staffing Provider reserve the right to refuse engagement or employment of any Contractor. Each Contractor engaged as an independent contractor is required to sign an Independent Contractor Agreement. Those hired as employees will enter into an employment agreement that includes confidentiality and intellectual property assignment clauses consistent with this Agreement.
Upon the conclusion of any independent contractor agreement term, the Client may opt to re-engage the Contractor via Any Hire, initiating a new classification and engagement process.
3.3 OPTION TO REJECT CLASSIFICATION SERVICES
Clients may decline Careerforge’s classification services as described in Section 3.1. If a Client rejects the classification and chooses to engage a Contractor independently, Careerforge is not liable for the classification or engagement of the Contractor. Clients take full responsibility for the engagement process, including drafting any necessary agreements. If a Client rejects the classification services and still engages a Contractor, Section 8.2 shall not apply; the Client will not have indemnity rights or other remedies against Careerforge except as explicitly outlined in Sections 10, 11, and 12 of the User Agreement.
3.4 LEGAL COMPLIANCE
Careerforge, any Staffing Provider, or a third party involved in Contractor engagement shall adhere to relevant laws and regulations governing the engagement and compensation of Contractors. However, Careerforge or the Employment Provider are not liable for any non-compliance related to erroneous or incomplete information provided by the Client.
3.5 OWNERSHIP OF CONTRACTOR WORK PRODUCT
The ownership of all work products created by the Contractor is governed by the relevant independent contractor or employee agreement, each containing clauses mandating the assignment of all ownership rights of such work products to the Client. Careerforge claims no ownership over Contractor Work Product. Should any ownership rights inadvertently accrue to Careerforge under an Any Hire Contract, Careerforge assigns those rights to the Client.
4. CLIENT RESPONSIBILITIES
Clients are obliged to promptly inform Careerforge of any employment-related complaints or requests from Contractors, such as those concerning leaves of absence, disability accommodations, or complaints about harassment or discrimination. Clients also agree to take responsibility for all payments for hours worked under engagements involving Careerforge Payroll Services.