Welcome, and thank you for your interest in Zero Fee Recruiter our web-based recruiting service (the "Service"). The following terms and conditions (the "Agreement") govern the use of the Service by organizations that have entered into a Subscription Order, as defined below (a "Subscribing Organization") with Zero Fee Recruiter and each person designated by such Subscribing Organization to use the Service (each an "End User"). As used in this Agreement, "you" means the Subscribing Organization and each End User including you.
By Entering, CLICKING "I AGREE," EXECUTING A SUBSCRIPTION ORDER, OR BY using the service, you acknowledge that you have read, understand and agree to be bound by this Agreement. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF AND THE SUBSCRIBING ORGANIZATION TO THIS AGREEMENT.
Eligibility. By entering into this Agreement, you represent and warrant to us that: (i) you are at least 18 years old and you have not previously been suspended or removed from the Service; (ii) all information, including billing information, you have provided to Zero Fee Recruiter is current and accurate; (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) if you are accepting this Agreement on behalf of a Subscribing Organization, you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement; and agree to be bound by this Agreement on behalf of such Subscribing Organization.
Subscription Order. To access the Service, you must have entered into a "Subscription Order" either through the Zero Fee Recruiter website or through a separate written agreement with Zero Fee Recruiter. Your Subscription Order is hereby incorporated into this Agreement by reference. To the extent that that there is a conflict between the terms of your Subscription Order and this Agreement, the terms of the Subscription Order shall govern.
Modification to this Agreement. We reserve the right, at our discretion, to change this Agreement on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
Generally. The Service allows Subscribing Organization to set up Open Positions and related user identification info ("Jobs") and Email Addresses. The Subscribing Organization may have only as many Jobs activated at any one time for access to the Service as the number of Job Slots / Job Postings specified in the Subscription Order. The Subscribing Organization will have full ownership of all candidates delivered by Zero Fee Recruiter and may employ at their will. Once the initial fee is paid per Job Opening the Client does not have any further financial obligations to Zero Fee Recruiter for each candidate delivered.
The PSG allows the Subscribing Organization to have a dedicated team assigned to their account to source, vet, verify, connect, pre-screen candidates for the organizations open job slots. In addition the PSG team will communicate with Hiring Managers in scheduling, tracking and reporting. The Subscribing Organization may have only as many Jobs activated at any one time for access to the Service as the number of Job Slots / Job Postings specified in the Subscription Order.
Subscription Fees. You agree to pay to Zero Fee Recruiter all fees for subscriptions purchased by you or on your behalf (the "Subscription Fees"). Subscription Fees are based on the number of Job Slots / Job Postings ordered in any given month. Subscription Fees are non-cancelable and non-refundable.
Billing and Payment. Zero Fee Recruiter may bill charges through an invoice or through the payment method specified in your account (for example electronic funds transfer or credit card). If you pay any applicable Subscription Fees with a credit card, Zero Fee Recruiter may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize Zero Fee Recruiter to charge all sums described herein to such credit card account. You agree to provide Zero Fee Recruiter updated information regarding your credit card and account upon Zero Fee Recruiter’s request and any time the information earlier provided is no longer valid.
Renewal. Unless either party provides notice of non-renewal at least seven (7) days before the end of your subscription term, your subscription will automatically renew for successive additional terms equal to the lesser of: (a) the term of your subscription set forth in your Subscription Order or (b) one year. In order to Cancel or Close your account you MUST contact our Billing Department at firstname.lastname@example.org and provide written notice seven (7) days prior to Subscription renewal.
Logo usage. You agree that Zero Fee Recruiter may use your name and logo on the website located at www.ZeroFeeRecruiter.com and for the purposes of marketing the Service.
User Content Generally. Certain features of the Service permit users to post content, including information, files, data, images, text, and other types of works (collectively called "User Content") and to publish User Content on the Service.
Ownership of User Content. For avoidance of doubt, you retain copyright and any other proprietary rights you hold in the User Content that you post to the Service..
Digital Millennium Copyright Act Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service you may contact our Designated Agent at the following address:
Term. This Agreement is effective on the date of acceptance and continues in effect until all of your subscriptions hereunder expire or are otherwise terminated.
Indemnity. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Zero Fee Recruiter and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the " Zero Fee Recruiter Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Zero Fee Recruiter ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Zero Fee Recruiter guarantees that you are satisfied with the quality and quantity of the candidates we provide or we will extend your Job Posting for 30 days. You must provide feedback and select like or dislike on each and every candidate we provide to qualify for the guarantee. Providing feedback allows our system to adjust and deliver your target population .
Zero Fee Recruiter guarantees only your first job posted. Our guarantee is in place for companies to pilot our job posting process with their initial job posting. Zero Fee Recruiter does not guarantee all jobs posted by a company or organization. We can not control jobs that are either not realistic or salaries that fall well below the industry norm, for this reason we only guarantee the first job a company posts with Zero Fee Recruiter.
This Guarantee Applies To All New Clients, In All Industries And All English Speaking Countries.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE Zero Fee Recruiter ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SOCIAL HIRE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SOCIAL HIRE ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE Zero Fee Recruiter ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE Zero Fee Recruiter ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO Zero Fee Recruiter FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Zero Fee Recruiter AND YOU
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law; Venue. This Agreement shall be governed by the laws of the State of Delaware without regard to Delaware’s conflict of law principles. You and Zero Fee Recruiter agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating all claims or disputes. We operate the Service from our offices in California, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
General. The Terms, together any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Zero Fee Recruiter regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Contact Information. If you have any questions regarding Zero Fee Recruiter, the Service, or the Terms please contact us at support@ZeroFeeRecruiter.com