DelcoLink Group LTD. (“DelcoLink Group LTD.”), and its subsidiaries (collectively, the “DelcoLink Logistics” or “we” or “us” or “our”), have updated our Prohibition of Direct Hiring of Third-Party Service Providers and Affiliates Policy (“Policy”). This Policy may be updated to reflect changing legal, regulatory, or operational requirements. We encourage you to regularly review this page for the latest information on our privacy practices.
For the purposes of this policy, for all terms definitions please refer to Glossary of Terms (www.delcolink.com/legal-hub/for-everyone/glossary-of-terms). If you are unsure, electronically mail us at contact below.
SCOPE AND PURPOSE
This policy applies to all vendors of ours who engage in the services of Third-Party Service Providers, including employees and affiliates provided by us. The purpose of this policy is to establish guidelines and provisions to prevent vendors of ours from directly hiring or engaging the services of our staff, contractors (“Third-Party Service Providers”), or any affiliates outside the scope of their engagement with us. This policy aims to protect our interests, ensure compliance with contractual agreements, and maintain a harmonious business relationship between us, vendors, and Third-Party Service Providers.
POLICY STATEMENT
Vendors are strictly prohibited from directly hiring or engaging Third-Party Service Providers, including employees and any affiliates of ours. Any attempt to bypass us and directly engage with the Third-Party Service Providers is considered a violation of this policy and may result in legal action and termination of the business relationship with the vendor.
POLICY GUIDELINES
- Exclusive Engagement: Vendors are required to engage Third-Party Service Providers, including employees and affiliates, exclusively through our platform or designated channels. Engaging Third-Party Service Providers directly or through any other means without the involvement of us is strictly prohibited.
- Non-Circumvention: Vendors shall not attempt to circumvent our engagement with the Third-Party Service Providers, including employees and affiliates, by offering or accepting employment, contracts, or any form of direct engagement outside our platform or designated channels.
- Non-Disclosure: Vendors shall not disclose or provide any contact information or personal details of Third-Party Service Providers, including employees and affiliates, to any third party without the explicit consent from us.
- Confidentiality: Vendors shall maintain the confidentiality of all information, trade secrets, and proprietary knowledge related to the Third-Party Service Providers, including employees and affiliates, as well as our operations and business processes, and shall not disclose such information to any unauthorized individuals or entities.
- Reporting Violations: Vendors must report any known or suspected violations of this policy by other vendors or any unauthorized attempts to directly hire or engage Third-Party Service Providers, including employees and affiliates, to our designated point of contact or legal department.
CONSEQUENCES
- Termination of Business Relationship: In the event of a violation of this policy, we reserve the right to terminate the business relationship with the vendor, including the suspension or termination of services provided by us.
- Legal Action: We may pursue legal remedies to protect our interests and seek damages resulting from any violation of this policy, including direct hiring of Third-Party Service Providers, including employees and affiliates.
By engaging the services of our Third-Party Service Providers, including employees and affiliates, vendors acknowledge and agree to comply with the provisions outlined in this policy. Failure to adhere to this policy may result in the termination of the business relationship between us and the vendor, as well as potential legal consequences.
It is the responsibility of vendors to ensure that their employees, agents, or any representatives involved in their interactions with us are aware of and comply with this policy. Vendors should educate their employees and agents on the importance of maintaining the integrity of the business relationship and refraining from direct engagement with Third-Party Service Providers, including employees and affiliates of ours.
TWO-YEAR NO-HIRE POLICY
Vendors are hereby bound by a two-year policy, whereby they shall not engage in the hiring of DelcoLink’s Third-Party Service Provider(s) for a period of two calendar years following the termination of services with DelcoLink. This policy extends to all scenarios, including cases where DelcoLink terminates services with the vendor or where the vendor terminates services with DelcoLink. Vendors are expected to adhere to this policy, which prohibits any communication or recruitment of our Third-Party Service Provider(s) during the specified two-year period to maintain the integrity of our business relationships.
VENDOR NOTIFICATION OF DIRECT HIRE ATTEMPTS
Vendors are expected to promptly notify DelcoLink’s designated point of contact, as established in our communication channels, in the event that DelcoLink’s Third-Party Service Providers attempt to engage in direct hire, which is a violation of this policy. Your vigilance in reporting such incidents is crucial in upholding the integrity of our business relationships. DelcoLink values the commitment of our vendors to the principles outlined in this policy and relies on your cooperation to maintain a culture of ethical conduct and compliance with our guidelines. Please inform us of any such attempts through the designated point of contact so that we can take appropriate action in line with our policies.
VENDOR LIABILITY FOR DIRECT HIRING AND NON-PAYMENT OF PENALTY
In the event that a vendor directly hires a third-party service provider affiliated with DelcoLink, and initiates a payment of any amount, the vendor shall be held liable for a penalty as follows:
- In Canada, the penalty shall be $5,000 CAD per third-party service provider recruited.
- In the United States, the penalty shall be $4,000 USD per third-party service provider recruited.
- In Europe, the penalty shall be €3,500 EUR per third-party service provider recruited.
The penalty will be collected by directly debiting the vendor’s account or through an invoice issued by DelcoLink, as per the maximum interest allowed by the vendor’s headquarters’ registered local law. The vendor is obligated to pay this penalty promptly upon notification by DelcoLink.
Should the vendor ignore or fail to pay the penalty invoice within the stipulated timeframe, DelcoLink reserves the right to initiate legal proceedings to recover the outstanding penalty amount. In such cases, the vendor shall also be liable for any legal fees and costs incurred by DelcoLink’s legal team in pursuing the collection of the penalty.
RECRUITMENT ATTEMPTS AND PROMOTIONS BY OUR THIRD-PARTY SERVICE PROVIDER(S)
DelcoLink shall not be held responsible for any promotions or offers for direct hire proposed by our Third-Party Service Providers. Any such promotions are the direct liability of the Third-Party Service Provider and do not reflect the position or responsibility of DelcoLink. Vendors and their Third-Party Service Providers are encouraged to maintain a clear understanding of their contractual agreements and responsibilities in such matters.
In the event that a Third-Party Service Provider attempts to recruit or onboard associates of a vendor onto DelcoLink, in violation of this policy, DelcoLink reserves the right to take immediate action, which may include:
- Immediate termination of the Third-Party Service Provider from service to the vendor, service location, or vendor, as deemed appropriate.
- Implementation of immediate trespassing enforcement, restricting the Third-Party Service Provider’s access to DelcoLink’s premises.
These measures are aimed at upholding the integrity of our business relationships and ensuring compliance with the policy. DelcoLink takes such violations seriously and will take swift action to address them.
REPORTING VIOLATIONS AND REWARDS
Our service providers and any other individuals who witness situations subject to this policy are encouraged to promptly inform DelcoLink’s manager in charge or our anonymous business corruption line at businesscorruption@delcolink.com. We rely on the vigilance of our service providers to help maintain the integrity of our business relationships. Upon verification of such reported matters, if found eligible, the informant will be acknowledged and rewarded in accordance with our internal guidelines. DelcoLink values the commitment of our service providers in upholding the principles outlined in this policy and is dedicated to fostering a culture of ethical conduct.
IMMEDIATE ACCOUNT PAUSE AND PAYMENT FREEZE IN CASE OF SUSPECTED BREACH
In the event that DelcoLink, grounded on reasonable suspicion, identifies any conditions or actions that may lead to a breach of this agreement or any other agreements currently in force, DelcoLink reserves the unequivocal right to take immediate actions to safeguard its business interests.
DelcoLink, without prior notice, retains the authority to suspend or pause the account of the party suspected of contravening the agreement. Simultaneously, DelcoLink may freeze any pending or future payments associated with the said account. This mechanism of suspension and payment freezing is implemented to forestall the exacerbation of any suspected breach and to protect DelcoLink from potential harm or losses.
DelcoLink places a paramount importance on the sanctity of its business relationships and the unwavering adherence to the agreements that form the bedrock of these relationships. Consequently, in circumstances where DelcoLink holds reasonable grounds to suspect non-compliance with the stipulations enshrined in this agreement or other pertinent agreements, prompt and decisive action will be undertaken to rectify the situation and mitigate the potential repercussions.
Furthermore, if no legal action is initiated by the party to contest the suspension of funds within a stipulated period, the pending payment shall be deemed void after a period of 30 days.
It is incumbent upon all parties involved to rigorously adhere to the terms of this agreement and any other agreements in effect with DelcoLink, with the aim of forestalling any scenarios that might necessitate the suspension of an account and the freezing of payments. DelcoLink’s commitment to the preservation of ethical conduct and the protection of its business relationships remains steadfast.
ACCEPTANCE OF AGREEMENTS OR LETTERS FROM VENDORS
Third-Party Service Providers are explicitly prohibited from accepting any letters, agreements, or any kind of forms offered to them by DelcoLink’s vendors that imply direct business engagement or employment opportunities outside their existing relationship with DelcoLink. Such acceptance is considered a breach of this agreement.
Third-Party Service Providers must immediately report any attempts by vendors to provide such agreements, letters, or forms to them by contacting DelcoLink through the designated point of contact or legal department. Timely reporting is crucial to maintaining the integrity of the business relationships and ensuring compliance with this agreement.
Upon receiving a report of such attempts, DelcoLink will take appropriate action in accordance with the policies and guidelines outlined in this agreement, including pursuing legal remedies to protect DelcoLink’s interests and uphold the integrity of its business relationships.
It is imperative that Third-Party Service Providers are aware of and strictly adhere to the principles and provisions set forth in this agreement, including the prohibition of accepting any agreements, letters, or forms offered by vendors that imply direct engagement outside the scope of their relationship with DelcoLink. Compliance with these guidelines is essential for preserving a culture of ethical conduct and ensuring adherence to the terms of the agreement. Please notify DelcoLink immediately if you encounter any attempts by vendors to provide such agreements or letters.
The established penalty for receiving letters, agreements, or any documentation from DelcoLink’s vendors that suggest direct business involvement or employment prospects beyond their current association with DelcoLink is a minimum fine of $5,000. This fine is levied against the Third-Party Service Provider for the retention of such documents or offers.
DISCLAIMER OF LIABILITY FOR DECISIONS AND LEGAL EXPENSES
In cases where decisions, attempts, intentions, or actions are made by any party, including Third-Party Service Providers or vendors, which lead to legal consequences or require legal intervention, DelcoLink explicitly disclaims liability for any damages incurred. DelcoLink is not responsible for any legal expenses or costs resulting from such decisions or actions.
In the event that DelcoLink is compelled to take legal action to address issues arising from decisions, attempts, or intentions that contravene the terms of this agreement, the responsible party, whether a Third-Party Service Provider or vendor, will be held liable for DelcoLink’s legal expenses.
It is essential that all parties involved, including Third-Party Service Providers and vendors, understand and accept that any legal expenses incurred by DelcoLink in response to breaches of this agreement will be the responsibility of the party whose actions necessitated legal intervention. DelcoLink does not assume liability for any damages, legal expenses, or costs incurred as a result of such breaches or violations.
Compliance with the terms of this agreement is critical to avoid legal complications, and all parties should exercise due diligence and vigilance in upholding the principles and provisions set forth herein. DelcoLink will take appropriate action to protect its interests and maintain the integrity of its business relationships when necessary, and those who breach the agreement will be held accountable for the associated legal expenses.
RESPONSIBILITY FOR LOSS OF BUSINESS
In the event that actions, decisions, or violations committed by a Third-Party Service Provider or Agency result in a demonstrable loss of business for DelcoLink, it is imperative to underscore that the Third-Party Service Provider or Agency shall bear the onus of responsibility for said loss of business.
DelcoLink holds a firm expectation that all Third-Party Service Providers and Agencies will conduct their affairs in strict accordance with the terms delineated in this agreement. The purpose of these terms is to preclude any adverse impact upon DelcoLink’s business operations. Any actions, whether direct or indirect, that culminate in the diminution of DelcoLink’s business shall fall within the purview of responsibility for the Third-Party Service Provider or Agency.
In such circumstances where loss of business becomes manifest as a consequence of actions running counter to the precepts enshrined in this agreement, DelcoLink retains the prerogative to seek judicious remedies and equitable compensation commensurate with the aforementioned loss.
It is incumbent upon all parties to maintain a steadfast commitment to the principles and provisions articulated herein to forestall any prospective loss of business for DelcoLink. Vigilance, adherence, and a strict observance of the tenets of this agreement are requisite to preclude adverse repercussions and safeguard the sanctity of our business relationships.
COMMUNICATION CHANNEL FOR CLIENT COMPLAINTS AND LIABILITY
It is essential to emphasize that in cases where a client, third-party service provider, or agency lodges a complaint with DelcoLink, particularly in situations involving disputes or allegations of false information, DelcoLink shall serve as an intermediary channel for communication between the concerned parties.
DelcoLink explicitly disclaims direct liability or responsibility for the claims, arguments, or contentions raised by clients, third-party service providers, or agencies. In its role as an intermediary, DelcoLink will facilitate communication between the parties involved, with the aim of promoting transparency and constructive dialogue. However, any resolution or decision resulting from such communication shall be the collective responsibility of the parties directly involved, and not DelcoLink’s sole liability.
DelcoLink is steadfast in its commitment to maintaining principles of fairness, impartiality, and ethical conduct within its business relationships. To facilitate productive communication and dispute resolution, DelcoLink will mediate between the parties to arrive at mutually agreeable solutions when feasible. Nevertheless, it remains the duty of all parties to recognize and accept their own responsibilities in the resolution of disputes or allegations and to engage in good faith discussions facilitated by DelcoLink.
CHANGES TO THIS POLICY
The content of this Policy is for your general information and use only. These policies are subject to modification without notice. You acknowledge that this information may contain inaccuracies or errors and is subject to adjustment and we expressly omit liability for any such inaccuracies or errors to the fullest degree authorized by law. We urge you to regularly review this page (and all available policies & agreements) for the latest information on the Policy. Your continued use of our platform and internet sites constitutes your agreement to be obliged by such amendments to this Policy. Your only remedy, if you do not agree to the terms of this Policy, is to cease use of and access to our platform and internet sites.
Each version of this Policy is identified by its effective date on this article.
ENGLISH VERSION CONTROLS
Non-English versions of this Policy are supplied for accessibility only. In the occurrence of any ambiguity or conflict between interpretations, the English version is authoritative and rules.
CONTACT US
If you have inquiries or concerns concerning this Policy or about our legal practices, please contact us by electronic mail at Legal@delcolink.com or at:
DelcoLink Group LTD.
Legal Team of DelcoLink Logistics
200 – 250 UNIVERSITY AVENUE
TORONTO ON M5H 3E5
Last Updated: Dec 19, 2022