Terms & Conditions

This Agreement (“Agreement”) governs the relationship between you (“Client”) and WorkLATAM Medical (“Company”, “we”, “us”, “our”). By engaging our services, you agree to be bound by these terms. If you do not agree, do not use our services.

1. No Guarantees

Client acknowledges that the Company cannot guarantee the success of any candidate or staffer placed with Client. Success depends on business culture, training, communication, and other factors. The Company offers best-efforts only.

2. Company Obligations

As part of our engagement with Client, the Company will hire and pay Staffer(s) directly (or via a designated affiliate) in compliance with applicable labor laws.

3. Client’s Obligations

In addition to timely payment, Client agrees to:

• treat any Staffer(s) with dignity and respect, as you would any domestic hire;
• not make direct payments to Staffer(s) that could establish an employment relationship;
• comply with this Agreement and any reasonable policies provided by the Company or its affiliates.

4. Virtual Desktops (if applicable)

If the Company provides virtual desktops or hosted workspace environments, they are for work-related tasks only. Client is responsible for:

• ensuring the Staffer uses the virtual desktop appropriately;
• securing and backing up data;
• reporting misuse or security concerns promptly; and
• accepting scheduled maintenance or downtime without additional compensation.

5. Enforcement of the Agreement

1. Chargebacks: Client waives the right to chargebacks. Disputes will be handled under this Agreement.
   b. No Refunds: Because the Company may incur costs in hiring or onboarding Staffer(s), refunds are not provided for hours worked.
   c. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of Nevis. The parties agree to exclusive venue and jurisdiction in Nevis.
   d. Definition of Staffer: For enforcement of non-solicitation or other clauses, “Staffer” includes anyone engaged by the Company in the past 18 months.
   e. Affiliates: Client acknowledges the Company may use affiliates or third-party entities for management, billing, or operations; Client’s obligations remain to the Company.

6. Liability for Staffers

The Company shall not be liable for any damages (direct, indirect, incidental, consecutive, or exemplary) arising from the use or performance of Staffer(s). This includes loss of data, profits, or business, whether negligent or otherwise. Client is responsible for their business practices and safeguards.

7. Additional Payments

Any additional payments to Staffer(s) (bonuses, salary increases, etc.) must be processed via the Company; a processing fee of 3% plus any pass-through costs applies.

8. Work Hours

Standard hours for Staffer(s) are up to 10 Hours per day and 40 Hours per week (typically Monday – Friday). Client must obtain approval for hours beyond these limits, and additional fees may apply.

9. Leave / Holidays (if applicable)

Vacation, sick time, holiday and other leave are determined by the Staffer’s home country and any agreement made with Client. Breaks, lunches, rest time are subject to policy and the Staffer’s local statutory rights.

10. Non-Discrimination

Client agrees not to discriminate in selection or utilization of Staffer(s) on any protected characteristic basis (such as race, gender, age, religion, disability, sexual orientation, etc.).

11. Severability

If any provision of this Agreement is held invalid or unenforceable, that provision shall be struck and the remainder shall continue in full force.

12. Joint Employer Risk

Client acknowledges that if Client violates labor laws, wage/hour laws, discrimination laws, or classification rules, Client may face joint-employer liability. Client will indemnify and hold the Company harmless for such violations.

13. Revisions and Updates to Terms & Conditions

The Company reserves the right to revise or update these Terms & Conditions at its discretion at any time. Changes will be posted on our website and/or shared with you directly.