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Terms of Use

Introduction

These terms of use (“Terms”) govern your use of this website and mobile application (“website”); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms, you consent to EmployUs’s use of cookies in accordance with the terms of EmployUs’s privacy policy.

Overview:

These Terms form a legal agreement between You (“User”) including, if applicable, any legal entity which Users represent or act for; and Us, “EmployUs Inc. (“EmployUs”) and sets forth the terms and conditions governing user’s access to, and use of, this site (“Site”) and the services (“Services”) provided thereby, which enables recruiters, employers, potential employees and general public to connect and engage by using internal employee and external connector referrals. Please read these Terms carefully before using the site. By using the Site, Users agree to be bound by these Terms, as may be amended by EmployUs from time to time. The changes to terms will be announced to the users in the written form and users will be advised to review the changes. If You do not agree to these Terms, please refrain from using the Site and Services.

The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity”). Be aware that we are not and shall not be held liable for any breach of this requirement.

These Terms need to be read in conjunction with our Privacy Policy. Please read our Privacy Policy carefully before using the Site and Services.

Accounts:

Users are required to create an account in order to use the Site. Users agree that all information provided by them is accurate, full, complete and up-to-date at all times. Users’ registration must be completed with their most current valid email address. Each registration is for a private User (or, if applicable, for the use of the legal entity on whose behalf the User accesses the Site) and Users are responsible for preventing unauthorized use of the accounts.

User agrees that EmployUs relies on “User ID”s to confirm whether users accessing the Site and using its Services are authorized to do so. Users are solely responsible for any and all access to the Site or use of the Service by persons using their User ID. Please notify us immediately if You become aware that your User ID is being used without authorization.

We reserve the right to suspend or terminate User’s account at our sole discretion should such User fails to meet the requirements set forth above.

Content

When Users access the Site and Services, they gain access to information and materials created by You and others (collectively, “Content”). Therefore:

Users are not allowed to revise Content created by others, and agree not to create, post or use any Content in any manner which may (i) infringe the copyright, trademark, trade secret, or other intellectual property or other proprietary right of others; (ii) violate the privacy, publicity, confidentially or other rights of third parties; (iii) be discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by EmployUs in our sole discretion; or (iv) be false or inaccurate. EmployUs may terminate accounts or remove Content from the Site if we determine or suspect that those accounts or Content violate this User Agreement;

Users agree that information and opinions in Content created by third parties represent solely the thought of the author and are neither endorsed by EmployUs or reflect our beliefs. We take no responsibility for Users’ exposure to Content on the Site whether it violates our content policies or not.

Users may register at the Site as (i) Recruiters/Employers or (ii) Connectors/Employees (“connector”) or (ii) candidates/job seekers. Users are required to keep their registration data up to date and make sure that their contact email addresses are valid. You can not use the same email address to register as both Recruiter and Connector.

1) Bonus Listings

Vacancies or Open positions (“Open Positions”) may be posted and viewed on the Site. Users may post their open positions for the purpose of receiving referrals to potential candidates for such positions.

Individuals who know qualified and available candidates for a Bonus Listing job may submit the candidate with and legal information regarding such person, such as a name, email address, phone number, Linkedin profile link, or resume (“Referral”).

Employers are required to promptly deactivate any posted position when the position is no longer available; failure to do so shall constitute a material breach of these Terms and may result in termination of your account.

If You provide referrals to open positions, please note that we may use Content to rate your profile and your recommendations.

Fees

If You are an employer or hiring recruiter:

The listing of the Open Position is free of charge. When a position is listed, a Success Fee is established; the Success Fee will be paid by Employer/Recruiter to EmployUs whenever an Employer/Recruiter successfully places a Candidate who has been referred by EmployUs. The Success Fee indicated during listing creation corresponds to the bonus listed at the time a referral was made for referrals. The Success Fee will be invoiced on the Candidate’s start date and is due 15 days after the start date. The Success Fee is a required Payment to EmployUs if a candidate has been hired through referral from a connector, regardless of an internal employee referral program or internal policy regarding external referrals. By using this service, Recruiter agrees to provide notice to EmployUs that a Candidate has been placed, within seven days of the placement.

The Success Fee payable to Connector may be refunded to the company if the corresponding referred candidate ceases to be employed by the Employer for a period of 30 days from the initial start date. The Employer agrees to notify EmployUs before this period ends. Failure to report a termination of a referral candidate means that an Employer forfeits the right the a full-money back guarantee of the referral bonus payable to the Connector. Employer agrees that the Success Fee Payable to the Connector may differ from the Success Fee listed in the initial job listing, due to applicable fees related to facilitating and processing the referral bonus on behalf the Employer by EmployUs. This amount will not exceed 50% of the initial Success Fee listed on the initial job listing

The Success Fee is payable to EmployUs by the Recruiter if the person referred through EmployUs is placed in any role by the Recruiter within six (6) months from the date of the Referral.

Interest at five percent (5%) per month shall be payable on any Success Fees payable hereunder that are not paid within the scheduled time set forth above or as otherwise agreed in writing, beginning on the first date due. Any party using this service who becomes obligated to pay a Success Fee, or fails to perform any of its obligations hereunder, shall be obligated to pay all costs and expenses of litigation, plus reasonable legal fees, incurred by EmployUs in enforcing its rights under this agreement. All parties using this site and this Service agree that all disputes arising out of the use of this site or the services described herein shall be brought and litigated in the courts in or for Wake County, North Carolina.

A portion of the Success Fee is listed as a Bonus on the website and will be paid as a Bonus by EmployUs to the person who provided such referral, the Connector.

If You are a recruiter providing candidates (connector):

If a Connector refers a candidate to an Open Position and that candidate was accepted and hired by the Recruiter/Employer – then You will be entitled to the applicable Referral Bonus, subject to limitations set forth in the Open Position terms and this User Agreement. SUBJECT TO THE TERMS HEREIN, WE WILL PAY YOU YOUR PORTION OF THE REFERRAL Bonus. PLEASE NOTE, HOWEVER, THAT WE ARE NOT RESPONSIBLE FOR PAYING YOU YOUR PART OF THE REFERRAL REWARD UNTIL THE APPLICABLE EMPLOYER HAS PAID US. PLEASE NOTE ALSO THAT THE EMPLOYER MAY CLOSE THE POSITION AT ANY TIME, AT ITS SOLE DISCRETION

When we received payment of the Success Fee, Your Referral Bonus, if payable to You, shall be paid within 30 (thirty) calendar days following the Date of Entitlement. If You are entitled to a Referral Bonus, you may be required to provide certain financial information and personal information, including but not limited to your email, mailing address, social security number or federal employer identification number on IRS Form W-9 and, if You choose to be paid by bank transfer, your bank account wiring or transfer instructions. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION AT ALL TIMES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY ERRORS MADE WITH RESPECT THEREOF. If you do not provide such information within 6 months of the Date of Entitlement, You forfeit your Referral Bonus. The amount of your Referral Bonus, if any, may vary depending on a variety of factors, including but not limited to our policies at the appropriate time.

If multiple Connectors refer the same person, the Connector who referred the Candidate first will be entitled to any Bonus. If the Recruiter knew the Candidate prior to receiving the name through EmployUs, as defined by confirmed communication in the 30 days prior to the referral being made, the Referral can be declined and the Connector will not be eligible for the Bonus.

Tax Issues:

If you are entitled to Referral Bonus, you agree to be responsible at all times to report such income and pay all taxes to which You are subject under any applicable law or regulation. Notwithstanding, please note we reserve the right to withhold at source any amount for any Referral Fee You may be entitled to, at our sole discretion.

2) License to use website

Unless otherwise stated, EmployUs and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

republish material from this website (including republication on another website);

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

edit or otherwise modify any material on the website; or

redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any manner which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without EmployUs’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without EmployUs’s express written consent.

Restricted access

Access to certain areas of this website is restricted. EmployUs reserves the right to restrict access to some areas of this website, or indeed this entire website, at EmployUs’s discretion.

If EmployUs provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

EmployUs may disable your user ID and password in EmployUs’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to EmployUs a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to EmployUs the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EmployUs or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

EmployUs reserves the right to edit or remove any material submitted to this website, or stored on EmployUs’s servers, or hosted or published upon this website.

Notwithstanding EmployUs’s rights under these terms and conditions in relation to user content, EmployUs does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. EmployUs makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, EmployUs does not warrant that:

this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

EmployUs will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EmployUs has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit EmployUs’s liability in respect of any:

death or personal injury caused by EmployUs’s negligence;

fraud or fraudulent misrepresentation on the part of EmployUs; or

matter which it would be illegal or unlawful for EmployUs to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, EmployUs has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EmployUs’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EmployUs’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EmployUs.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EmployUs and undertake to keep EmployUs indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EmployUs to a third party in settlement of a claim or dispute on the advice of EmployUs’s legal advisers) incurred or suffered by EmployUs arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms of use

Without prejudice to EmployUs’s other rights under these terms and conditions, if you breach these terms in any way, EmployUs may take such action as EmployUs deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EmployUs may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

EmployUs may transfer, sub-contract or otherwise deal with EmployUs’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms of use constitute the entire agreement between you and EmployUs in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

You can contact EmployUs by email at support@EmployUs.com