Definitions
MadWall Incorporated(“MadWall”) is the owner and operator of the MadWall Application (“App”), the MadWall website(s) (the “Website”) and all content thereon. MadWall connects local employers and companies (“Clients”) with MadWall assignment employees (“Employees”, “Workers” or “you”). Employees will fill the staffing needs of clients by performing work (“Assignments”) as specified by the respective client. Employees are given access to the App/Website to receive, review, and sign up for assignments from clients.
By using the App/Website, you agree to the within Terms and Conditions and all other MadWall documents referred to herein. If you do not agree to any of the foregoing, or have not yet reviewed any relevant documentation, exit the App/Website immediately. Without limiting the generality of the foregoing, Clients shall use the App/Website strictly in accordance with, inter alia, their respective Staffing Agreement.
These Terms and Conditions apply to use of the App and the Website, as well as other situations, and shall be applied and interpreted as stated herein and in accordance with the particular context (e.g. certain terms and conditions are intended to apply to use of the App, but not the Website, etc.).
MadWall reserves the right to amend these Terms and Conditions at any time and without notice – it is the obligation of the user (Client or Employee) to regularly review these Terms and Conditions and all other MadWall documentation. If any such amendment is unacceptable to you, discontinue use of the App and/or Website immediately.
Acknowledgment and Acceptance of Employee Services Agreement
This Agreement is an electronic contract that sets out the legally binding terms of the relationship between MadWall and you. By submitting an application to become a MadWall employee you accept and agree to be bound by the terms of this Agreement. By accessing the App/Website, or becoming a MadWall Employee, you accept this Agreement and agree to the terms, conditions, and policies contained and referenced herein. However, download or use of the App/Website does not create any employment relationship between you and MadWall; an employment relationship will only be created upon the signing of an employment agreement by you and MadWall.
MadWall reserves the right to change this Agreement and add additional terms at any time, effective upon making the modified provisions available on the App/Website or by notifying MadWall Employees directly. You are responsible for regularly reviewing this Agreement. Continued use of the App/Website after any such changes are made to this Agreement shall constitute your consent to such changes. MadWall does not assume any obligation to notify MadWall Employees of any changes to this Agreement, or the creation or modification of any additional terms. You acknowledge that you are able to receive electronically, download, and print this Agreement, any other terms, policies, forms, and notices required by or incorporated into this Agreement by reference, any amendments to this Agreement, or any other items required by regulation or law.In the event that you have not reviewed any documentation referred to herein, contact MadWall and discontinue further use of the App/Website until you have reviewed same. Further, you agree to keep the contact information in your account current at all times including, but not limited to, your email address, physical address, and phone number.
Use of the App/Website is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the preceding, you must be at least 18 years old and legally authorized to work in Canada to become a MadWall Employee. If you do not qualify, you may not submit an application to become a MadWall Employee.In addition, you must meet the particular requirements/qualifications of each Assignment that you accept. By using the App/Website and by accepting any Assignment(s), as the case may be, you confirm that you have familiarized yourself with and meet all requirements/qualifications with respect thereto. You agree that the use of the App/Website and/or the acceptance of Assignments without meeting any requirements/qualifications shall render all contracts between you and MadWall voidable, at the sole discretion of MadWall, and shall constitute intentional deception and grounds for termination with cause(including permanent suspension from the App/Website).
By submitting an application to MadWall, you agree that you accept the Terms and Conditions of this agreement. The MadWall Handbook, Health and Safety Orientation, legal policies from the Ministry of Labour, and all other MadWall policies are eBy submitting an application to MadWall, you agree that you accept the Terms and Conditions of this agreement. The MadWall Handbook, Health and Safety Orientation, legal policies from the Ministry of Labour, and all other MadWall policies are expected to be thoroughly read and understood. Any discrepancies you may have the need to be clarified by doing your due diligence before moving forward with any testing and submitting of your MadWall application.xpected to be thoroughly read and understood. Any discrepancies you may have the need to be clarified by doing your due diligence before moving forward with any testing and submitting of your MadWall application.
Employee Rights and Duties
Under the OHSA, temporary help agency workers have the same rights and duties as permanent workers. MadWall ensures to follow all provisions and regulations on assignment employee rights as outlined in the Employment Standards Act by the Ministry of Labour.
When applying to Assignments posted on the App/Website, it is the responsibility of the Employee to apply to assignments ethically. This means that the Employee must be available to work the assignment for all the days which are stated in the posting, commit to the posting’s work hours from start to finish, and perform the work outlined in the Assignment description and requirements. If an Employee feels prior to the start of the Assignment that they are unable to complete any of the three conditions, then the employee should withdraw from the Assignment immediately.
It is also the responsibility of the employee to ensure that all their documentation is accurate and valid, including but not limited to: identification, diplomas, certifications, resumes, etc. Documentation that is neither accurate nor valid should be corrected by the Employee for whom it is their responsibility to provide current and accurate versions of the documentation.
Upon being accepted to an Assignment, Employees shall arrive at least fifteen (15) minutes early, or at the time otherwise designated by the Client, so that they can report to the hiring manager,human resources staff, or supervisor. Before the beginning of every shift, it is important that Employees have their transportation plan prepared to arrive on time. If an Employee is unable to make it to an Assignment on time, they should inform the hiring manager, human resources staff, or supervisor. If an Employee is unable to make it to the Assignment due to any reason (sickness, emergencies, etc.) it is the Employee’s responsibility to inform the hiring manager, human resources staff, or supervisor as well as withdrawing from the Assignment on the App/Website, immediately. Communication through the App/Website should be promptly sent to MadWall explaining the reason for not being able to complete the Assignment’s stated hours.
Terms and Conditions 4 Documentation that is neither accurate nor valid should be corrected by the Employee for whom it is their responsibility to provide current and accurate versions of the documentation. Upon being accepted to an Assignment, Employees shall arrive at least fifteen (15) minutes early, or at the time otherwise designated by the Client,so that they can report to the hiring manager,human resources staff, or supervisor. Before the beginning of every shift, it is important that Employees have their transportation plan prepared to arrive on time. If an Employee is unable to make it to an Assignment on time, they should inform the hiring manager, human resources staff, or supervisor. If an Employee is unable to make it to the Assignment due to any reason (sickness, emergencies, etc.) it is the Employee’s responsibility to inform the hiring manager,human resources staff, or supervisor as well as withdrawing from the Assignment on the App/Website, immediately. Communication through the App/Website should be promptly sent to MadWall explaining the reason for not being able to complete the Assignment’s stated hours.If the Assignment description has stated, make sure to bring all personal protection equipment and necessary certifications and documentation. Also, Employees should dress appropriately for the Assignment and follow any dress codes stated in the Assignment description or by the hiring manager,human resources staff, or supervisor. Employees should remember that almost all Assignments involve working with others, and as such, personal hygiene and cleanliness is required. It is the responsibility of the Employee to read and fully understand the Assignment description prior to beginning the Assignment while understanding that the hiring manager, human resources staff, or supervisor may provide further instructions before the Assignment begins or while the Assignment is in progress. If the Employee is concerned, they are encouraged to contact the client directly. If the Client is unable to resolve the conflict, please contact MadWall through the App/Website and await further instruction.
It is the responsibility of the Employee to report any items which are deemed to be unsafe. Employees should know their rights and responsibilities related to work and understand that it is their right to refuse work which they believe to be unsafe. All incidents deemed unsafe should be reported to the at-work supervisor. If concerns are not resolved, please contact MadWall through the App/Website and await further instruction.
It is the responsibility of the Employee to make sure they understand the tasks given to them by the hiring manager, human resources staff, or supervisor. The Employee must fully understand what is required of them before they begin performing any work. The Employee must also abide by the law and also to all the rules and policies of the organization at which they are working their Assignment.
It is the responsibility of the Employee to make sure they understand the tasks given to them by the hiring manager, human resources staff, or supervisor. The Employee must fully understand what is required of them before they begin performing any work. The Employee must also abide by the law and also to all the rules and policies of the organization at which they are working their Assignment.Employees should be sure to complete any documentation that is required by the client. This also applies to following up with the hiring manager, human resources staff, or supervisor to go through any discharge policies and requirements.
It is the Employee’s duty to refuse work for any Client if you deem you have not been provided sufficient information regarding workplace health and safety training and awareness. It is the Employee’s duty to refuse work for any Client if the Client denies the Employee from the safety protection equipment that is required. It is the Employee’s duty to deem if the equipment provided by the Client has been maintained and in good quality. The Employee is to know about any workplace hazards to which they may be exposed. The Employee should participate in identifying workplace health and safety concerns. If the Employee has any questions, they are obligated to ask the supervisor or employer. Finally, the Employee is to refuse unsafe work. The OHSA sets out a specific procedure that must be followed in a work refusal.
As outlined by the Ministry of Labour, the Employee must:
- Work safely — use the equipment that you are required to use — and use it properly — in the way you were trained to use it. Keep protective devices in place. Wear your safety gear.your job placement.
- Report hazards (and violations of OHSA) right away to your supervisor or employer at your job placement.
If your concern is not resolved by the Client at the place where you are doing the work, report it to MadWall or contact the Ministry of Labour.
Misuse of App
App Usage during Assignment
You agree that you will not access or use the App while on an assignment unless it is during a break period. This is a reminder that personal electronic devices are not to be used during an assignment unless otherwise instructed
App Tampering
Any tampering with the App will cause immediate termination. This includes using the App for any other reason or purpose than intended by MadWall.The App/Website and all content therein is the exclusive property of MadWall and shall not be copied or reproduced by you.
Network Access and Devices
An Employee’s phone should have sufficient battery life prior, during, and after an Assignment. An Employee should make sure to have data for accessing the App prior, during, and after an Assignment. An Employee’s phone should have sufficient battery life prior, during, and after an Assignment. An Employee should make sure to have data for accessing the App prior, during, and after an Assignment. Employees are responsible for any rates and fees that may apply during the usages of the App/Website. All hardware should be upgraded to ensure that the App is compatible with an Employee's mobile device. MadWall does not guarantee that the App/Website is available or accessible on every mobile/other device. MadWall will not be held responsible for any malfunction and delays of the internet and communication device.
App Conditions
While using the App, Employees will be able to apply to Assignments posted by Clients. Although Employees may apply to Assignments, they are not necessarily guaranteed to be accepted to the Assignment. Employees may remain on a waitlist up to the start time of the Assignment. The Employee acknowledges that there are no guarantees as to Assignments available, hours to be worked or wages to be earned, as all of the foregoing is outside of the control of MadWall.
In the event that MadWall expands the Website such that Employees may review and apply to Assignments on the Website (in addition to the App), the within terms and conditions applicable to the App shall be applicable to the Website, mutatis mutandis.
Accepting a Job
Once a job has been accepted and approved, the Employee is held fully responsible for adhering to all conditions associated with the Assignment(including but not limited to those stated in the posting). It is the responsibility of the Employee to understand what is being asked of them fully and also to be capable of performing tasks outlined in the description before applying to an Assignment.
You acknowledge that MadWall is not able to investigate and inspect every workplace and Assignment that is posted on the App. In the event that a workplace or Assignment varies from the posting, leave immediately and inform MadWall immediately. Do not perform any work that is outside the scope of the relevant Assignment or at other locations – you will always be paid for a minimum of three (3) hours so do not hesitate to leave in such a scenario.
Canceling a Job
An Employee may cancel (“withdraw”) from an Assignment which they have applied to without penalty if the Employee has not yet been accepted to the Assignment. Withdrawal from the Assignment after the Employee is accepted to the Assignment will result in a potential penalty from the App, as further outlined in the Rating Policy.
Paystub
The App displays gross income earned after each Assignment is completed. This amount shown on the App does not factor in deductions such as contributions to Employment Insurance, or the Canada Pension Plan for example. MadWall will perform all withholdings as required by law. MadWall sends paystubs electronically to Employees via email. MadWall will do its due diligence in investigating all discrepancies in case full payment has not been received.
Profile
The Employee agrees to accurately input current contact information into their profile including, but not limited to, email address, physical address, and phone number.
Reassignment
Employees may be offered Assignments directly from the Client through the App. Employees will not face any penalty for declining such Assignments. Before accepting offered Assignments, Employees should ensure that their current schedule allows for acceptance of the offered Assignments. As outlined in the Rating Policy, Employees may be penalized for withdrawing from other Assignments in order to fit offered Assignments into their schedule.
Employee Responsibility for Scheduling
It is the responsibility of Employees to ensure that when applying and/or accepting Assignments that they are able to adhere to the conditions of the Assignments. Failure to do so may result in account suspension temporarily or permanently, as outlined in the Rating Policy.
Unauthorized Work
Employees shall not perform work for or receive any remuneration directly from any Clients that have current postings on MadWall.
About MadWall
MadWall ensures to provide Employees with all documentation required by the law and MadWall. This information may e accessed at any time via the Appand/or Website. Other instructional videos may also be accessible via MadWall’s YouTube channel. All of these sources of information are readily available for the reference and refreshment of Employees.
Although MadWall will endeavour to make the App/Website available on an indefinite basis and across multiple platforms, you agree that MadWall is not obligated to make the App/Website available or available on any particular platforms.
Work Standards
MadWall adheres to all by - laws it is under according to the Employment Standards Act, ESA.
Vacation Pay
Workers are entitled to 4% vacation pay as per the Employment Standards Act. MadWall includes vacation pay in every Employee pay cheque.
Hours of Work
MadWall ensures to follow the policies and regulations outlined in the Employment Standards Act by the Ministry of Labour. An Employee may be asked to work over ten (10) hours of work in a day, provided that the Client has made an agreement with the necessary regulatory bodies. An Employee is also entitled to at least three (3) hours of pay if he or she is required to present him or herself for work on a day on which he or she works fewer than three (3) hours.
Rate of Pay
MadWall holds the right of setting all pay rates. Hourly wages are displayed on the App/Website per Assignment. Wages may differ for similar positions, depending on the Client who has posted the Assignment. The wage displayed on the App/Website does not factor in deductions such as Employment Insurance, Canada Pension Plan contributions, tax, etc. You agree that MadWall does not make any guarantees as to wages or pay and that your wages will fluctuate depending on the Assignments available and that you accept.
Overtime
MadWall ensures to follow the policies and regulations outlined in the Employment Standards Act by the Ministry of Labour. An Employee is entitled to overtime pay of at least one and a half (1.5) times his or her regular rate for each hour of work in excess of forty-four (44) hours in each work week.
Privacy Policy
By using the App/Website and by accepting these Terms and Conditions you expressly consent to the collection, use, disclosure and retention of personal information by and between MadWall and third-party clients for the strict purposes required in order for you to be employed by MadWall and provide temporary work for clients; further, you acknowledge having read MadWall’s privacy policy and acknowledge your acceptance of same.
Confidential Information and Intellectual Property
Confidential Information
While working at a client’s workplace, employees may either be assigned to work or come into contact with confidential information, including but not limited to information about the client’s members, suppliers, finances,and business plans, etc. MadWall requires its employees to keep any such matters that may be disclosed to them or learned by them, confidential.
Furthermore, MadWall employees must not use any such confidential information, obtained through employment with MadWall, for their own personal gain or to further an outside enterprise.
Intellectual Property
MadWall employees and those working for clients are deemed to have waived all rights in favour of the client in regards to any intellectual property,such as trademarks, copyrights, patents, and any work created by an employee during employment with a client. Work for this policy refers to written, creative,or media work. All source material used in a presentation or written documents must be acknowledged.
IT Information Storage and Security
Any storage devices (CD’s, USB’s, drives) used by employees at MadWall and/or the client’s workplace, acknowledge that these devices and their contents are the property of MadWall and/or client. Furthermore, it should be understood by employees that client equipment should be used for the client’s business only during normal working hours. Downloading of personal materials on MadWall or client equipment can be harmful to said equipment and should not be done.
Non-Compliance with the Terms and Conditions
MadWall holds the right to suspend and/or permanently restrict access to the App/Website to Employees at any time.
You agree that the within terms and conditions are reasonable and necessary for a viable relationship with MadWall and Clients. You therefore agree that a failure to comply with any provisions herein, or in any other MadWall policies or agreements, shall constitute a fundamental breach of your relationship with MadWall, justifying termination for cause and permanent suspension from the App/Website.
By clicking Accept and/or otherwise using the App/Website, you acknowledge having read this entire document and all documents referenced herein and acknowledge having legally entered into a contract with MadWall and are fully responsible for understanding and adhering to the entirety of the Terms and Conditions, as outlined in the above text You further consent to MadWall sending you communications, including but not limited to electronic communications through the App/Website and through email.