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Terms and Conditions

Effective Date: May 4, 2025


I. Scope of this Agreement: These Terms and Conditions shall apply to:  a. any Business proposed or undertaken by Proficient Urgent Solutions Healthcare Staffing (PUSH) for the Client; and  b. the Assignment, engagement or employment or other use by the Client of a Temporary Worker Introduced by PUSH. The employment or engagement in any capacity, of any Temporary Worker Introduced by PUSH will constitute acceptance by the Client of these Terms and Conditions. These Terms and Conditions together with any documents referred to within them shall constitute the entire agreement between the Parties in relation to the Business, Assignment and/or the employment, engagement, or other use by the Client of a Temporary Worker Introduced by PUSH to the exclusion of all other agreements including any other terms and conditions of business or purchase conditions that the Client may attempt to impose in respect of the provision of the Business. 

  1. Applicability: These Terms and Conditions govern the relationship between Proficient Urgent Solutions Healthcare Staffing ("PUSH") and the Client for the provision of Temporary Workers.

  2. Acceptance: By engaging with PUSH for any Temporary Worker, the Client accepts these Terms and Conditions as legally binding.

  3. Business Services: PUSH provides healthcare staffing solutions, including sourcing, vetting, and assigning Temporary Workers to meet the Client’s staffing needs.
     

II. The Temporary Worker

  1. Engagement: Temporary Workers remain under the employment and management of PUSH and are assigned to perform services for the Client based on agreed requirements.

  2. Responsibilities: The Client is responsible for supervising Temporary Workers while on assignment and ensuring a safe work environment.

  3. Pre-Employment Screening: PUSH conducts screenings, but the Client acknowledges that PUSH is not liable for inaccuracies in the information provided by Temporary Workers or third-party sources.

  4. Feedback: The Client must notify PUSH immediately of any performance concerns with Temporary Workers.

  5. Replacement: PUSH will make reasonable efforts to replace a Temporary Worker if notified of dissatisfaction within 24 hours of the assignment start.

  6. Exclusivity: Temporary Workers are provided exclusively for the agreed assignment and cannot perform services outside the scope without prior written consent from PUSH.

  7. Termination: The Client must provide a minimum notice period for early termination of assignments, as detailed in the Assignment Agreement.
     

III. The Assignment

  1. Assignment Agreement: Each assignment will be outlined in a separate Assignment Agreement specifying the role, duration, and fees.

  2. Compliance: The Client must comply with all applicable labor laws and regulations during the assignment.

  3. Timesheets: Temporary Workers’ hours must be approved by the Client. Discrepancies must be reported within 24 hours of receipt.

  4. Payment for Hours Worked: Temporary Workers are compensated based on hours worked and approved by the Client, with payment processing managed by PUSH.
     

IV. Fees

  1. Service Fees: The Client agrees to pay fees as outlined in the Assignment Agreement. Fees are subject to adjustment based on governmental changes affecting wage rates or other factors.

  2. Adjustments: PUSH will provide the Client with written notice of any fee adjustments due to regulatory changes.

  3. Payment Obligations: The Client is responsible for paying agreed fees promptly, regardless of disputes or Temporary Worker performance.
     

V. Direct Engagement of Temporary Workers by the Client

  1. Non-Solicitation: The Client agrees not to engage or hire Temporary Workers provided by PUSH for a period of 180 days after the assignment without prior written consent.

  2. Conversion Fees: If the Client directly engages a Temporary Worker during or after the assignment period, a conversion fee will apply as outlined in the Assignment Agreement.
     

VI. Time for Payment

  1. Payment Terms: Invoices are due within the timeframe specified in the Assignment Agreement, typically within 14 days of receipt.

  2. Disputes: Any disputes regarding invoices must be reported within 5 business days of receipt. PUSH will work with the Client to resolve disputes promptly.

  3. Late Payments: PUSH reserves the right to charge interest on overdue invoices and recover costs associated with third-party collection efforts.
     

VII. Confidentiality and Data Protection

  1. Confidentiality: Both parties agree to keep all information related to the Temporary Worker, assignment, and fees confidential.

  2. Data Protection: PUSH complies with applicable data protection laws. The Client agrees to handle any shared data in compliance with relevant regulations.
     

VIII. Applicant Information and Communication Consent

  1. Collection of Applicant Data: By submitting personal information to PUSH, the Applicant consents to the collection, processing, and storage of their personal data for the purposes of recruitment, employment, and compliance with legal and regulatory requirements.

  2. Use of Data: PUSH will use the Applicant's information to assess suitability for Assignments, perform Pre-Employment Screening, and communicate regarding potential opportunities.

  3. Communication Preferences: Applicants consent to being contacted by PUSH via phone, email, SMS, or other communication methods regarding job opportunities and related updates.

  4. Data Retention: PUSH will retain Applicant data for the duration of their engagement and for a reasonable period thereafter in compliance with applicable laws and PUSH’s data retention policies.

  5. Withdrawal of Consent: Applicants may withdraw consent for specific uses of their data by notifying PUSH in writing. However, such withdrawal may impact PUSH’s ability to offer services.

  6. Confidentiality:  PUSH will treat Applicant data as confidential and will not disclose it to third parties without the Applicant's consent, except as required by law.
     

IX. Law and Jurisdiction

  1. Governing Law: These Terms and Conditions are governed by the laws of the state in which PUSH is headquartered.

  2. Dispute Resolution: Any disputes will be resolved through arbitration in the governing jurisdiction unless otherwise specified.
     

X. General

  1. Entire Agreement: These Terms and Conditions, together with any applicable Assignment Agreements, constitute the entire agreement between PUSH and the Client.

  2. Amendments: Any amendments to these Terms and Conditions must be agreed upon in writing by both parties.

  3. Waiver: Failure to enforce any term does not constitute a waiver of that term or any other term.

  4. Severability: If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.

  5. Force Majeure: PUSH is not liable for delays or failure to perform due to events beyond its reasonable control, such as natural disasters, pandemics, or government actions.
     

Acknowledgment: By engaging PUSH for staffing services, the Client acknowledges and agrees to these Terms and Conditions.

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