Effective Date January 01, 2021
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY. SERVICE PROVIDERS: WECRUITER IS NOT LIMITED TO ARBITRATION AS TO ACTS OF FRAUD OR OTHER WILLFUL MISCONDUCT BY YOU, WHICH WECRUITER MAY ADDRESS BY ALL LAWFUL MEANS.
Part 1: Agreement to Terms
Part 1, Agreement to Terms and Part 2, General Terms apply to you in all cases, whether you are a User or a Service Provider or other user of the Services or Properties (as those terms are defined below).
Part 3, Additional Terms for Service Providers, contains additional terms applicable to Employers and other service providers who use the Services.
Changes to Terms. We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. If you are accessing and using the Services, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, the Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms. In that situation, "you" and "your" will refer to both you and that entity.
Other Program Terms. Certain programs offered by Wecruiter through the Services may have additional terms and conditions (the “Additional Program Terms”). If you elect to participate in one of these programs, Wecruiter will communicate the applicable Additional Program Terms to you. By participating in that program, you acknowledge that you have read, understood, and agree to be bound by, the Additional Program Terms, which will be deemed to be a part of the Terms.
Part 2: General Terms
Services We Provide. Wecruiter connects employers, including agents operating on their behalf, each an (“Employer”), and professional users of the Services that market Jobs posted on the Services by Employers in order to earn contingent Referral Rewards based on successful hiring of Applicants by Employers, and Applicants, (each, a “Service Provider") to a network of users and prospective applicants (each, a "User") to facilitate the successful hiring of Applicants by Employers.
Through Wecruiter, Service Providers can market Jobs available to Users and apply for Jobs if Applicants. Other Services, when clearly and explicitly designated, may be provided and billed for by Wecruiter.
No Responsibility, Endorsement or Guarantee for Applicants, Employers or Service Providers.
Wecruiter does not deliver, and is not responsible for, any Applicant’s, Employer’s or Service Provider’s representations, products, services or advice. Wecruiter is not an agent of any Applicant, Employer or Service Provider and Applicants, Employers and Service Providers are not employees or agents of Wecruiter. Wecruiter does not engage the Applicant, Employer or Service Provider, except through the Wecruiter Services in which Wecruiter coordinates, manages and handles payment for certain services provided to Users by Service Providers.
Neither Wecruiter nor any third party that refers you to the Applicants, Employers or Service Providers sponsors, endorses, recommends or approves any Applicant, Employer or Service Provider. While we try to confirm that Applicants, Employers or Service Providers meet certain requirements, we cannot and do not represent or warrant that any Applicants, Employers or Service Providers is licensed, qualified, insured or capable of performing any service.
We do not make any guarantees, warranties or representations of any kind regarding any Service Provider or any products, services or advice of any Service Provider, and neither we nor any third party that refers you to the Services will be responsible for any action or inaction of any Service Provider.
For additional clarity, any reference to or use by any Applicant, Employer or Service Provider of any Services, Properties, or trademarks or other brands or names of Wecruiter does not in any way change the disclaimers by Wecruiter regarding Applicants, Employers or Service Providers as described in this document. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with an Applicant, Employer or Service Provider or that there are Applicants, Employers or Service Providers in a User’s area or scope that are capable of and willing to meet a User’s service needs. When an Applicant, Employer or Service Provider provides you with products, services or advice, your rights will be governed by your contract with the Applicant, Employer or Service Provider and by applicable federal, state and local laws.
Accounts and Charges for Users
User Account. Account registration is required for Users to receive or use certain Services. When you open or confirm an account, you will be required to provide us with specified personal information, which may include your name, address, mobile phone number, and (if applicable) credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Charges and Remuneration. When Service Providers perform work for you, you will be charged for the products or services they provide ("Service Provider Charges"). Wecruiter may charge you for certain products or services that are provided by Wecruiter ("Wecruiter Charges") (Wecruiter Charges and Service Provider Charges, collectively, "Charges"). If Wecruiter coordinates, manages and handles payment for services provided to you by a Service Provider through the Wecruiter Services program, the charges to you for those services will be deemed to be Wecruiter Charges. You will be informed of Charges before products or services are provided by Wecruiter or Service Providers, as the case may be (including, in the case of Wecruiter Charges, any cancellation fees and terms). Wecruiter may offer discounts on Wecruiter Charges from time to time in its sole discretion; to receive those discounts, you must comply with the terms and conditions Wecruiter specifies for the discount. You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Consent for Communications
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with an Applicant, Employer, Service Provider or a User through the Services (including when we connect calls between Users and Service Providers or Employers), we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. Calls between Service Providers and Users or Employers and Users that originate with a partner service may also be monitored and recorded. You consent to this monitoring and recording.
Your Consent to Receive Automated Calls/Texts. By providing your telephone number(s), you consent to receive autodialed, pre-recorded or artificial voice calls and text (SMS) messages:
if you are a user, by Wecruiter, Service Providers, users and other companies that help connect you to Service Providers or Employers about the Services and other services that may be of interest to you; and
if you are a Service Provider, by Wecruiter, Service Providers,Employers, users and other companies that help connect you to users, Service Providers or Employers about the Services and other services that may be of interest to you; and
if you are an Employer, by Wecruiter, Service Providers, users and other companies that help connect you with Applicants and Users.
Agreeing to receive marketing calls or text (SMS) messages is not a condition of purchasing any goods or services.
We may also contact you for servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services.
Grant of Limited License to Users. We hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms.
Grant of Limited License to Employers. We hereby grant you, as an Employer acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of recruiting, providing information to and communicating with Users as contemplated by the Services, subject to your compliance with the Terms.
Grant of Limited License to Service Providers. We hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services to Users as contemplated by the Services, subject to your compliance with the Terms.
The Services and Wecruiter’s Marks are Protected. The Services, including all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of Wecruiter (collectively, the "Content"), are the proprietary property of Wecruiter and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services. Except for the limited license explicitly granted to you under the Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that Wecruiter does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Service Providers for any purpose.
No Improper Uses. You may not frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Wecruiter, our service providers or suppliers, Service Providers, other Users or any other person.
No Objectionable Conduct. You agree that, in using the Services and interacting with Wecruiter, Applicants, Employers, Service Providers and/or Users (as the case may be), you will not (i) engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements; (ii) engage in deceptive or fraudulent behavior; (iii) infringe or violate the privacy rights, property rights or any other rights of any person or entity; or (iv) violate any applicable law, rule or regulation.
Accurate Information. If you are an Applicant, Employer or User, you will be asked to disclose certain information about yourself when you open or confirm your Wecruiter account and utilize the Services such as uploading a resume or posting a Job. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a telephone number that is not your own. If we discover that any information provided in connection with your registration is false or no longer accurate, we may suspend or terminate your account at any time if you do not correct or update such information.
User Submissions and Other Collected Information
Collected Data Definition. You agree and acknowledge that Wecruiter, Employers, Service Providers and Users may collect data, text, photos, videos,, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, "Collected Information"). If you (or your agents or authorized representatives) order a Wecruiter product and provide your Information to be used in that product (for example, if your data is provided to Wecruiter to submit an Application), then Collected Information includes the provided Information.
You Are Responsible for User Submissions. The Services may permit you, your agents and other Users and Service Providers to submit Information (individually and collectively, "User Submissions"). The person, or their representative agent, submitting a User Submission, and not Wecruiter, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if an Employer or Service Provider provides you with advice or other information, the Employer or Service Provider (and not Wecruiter) is solely responsible for that advice and information. You acknowledge and agree that Wecruiter has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information, or not keeping your contact information updated, not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Wecruiter and our employers, service providers and partners. Accordingly, if you knowingly input false information in an Application or service request, including any name, telephone number or other contact information that is not yours (whether it’s someone else’s or just made up), or if you fail to keep the information in your Wecruiter account current and correct, you agree to fully indemnify and be liable to Wecruiter and each Employer or Service Provider or other party who accepts that Application or Service request for any claims (including claims under the Federal Telephone Consumer Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys’ fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
Limited Disclosure of User Submissions.Wecruiter and its licensees may display User Submissions associated with a given Application, including the address, to a limited audience of Employers, Service Providers, and other third parties involved in the Services. You acknowledge and agree that the description of the Application or other service for which you request Service Provider services, all information contained in any reviews of Service Providers that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
Do Not Post Illegal, Harmful, or Prohibited Content. You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above entitled Permissible Use/No Objectionable Conduct; (ii) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Employers. You may only post a review of an Employer if you have first-hand knowledge of the services provided by such Service Provider (that is, such Service Provider provided products or services to you). You may not accept anything of value from an Employer in exchange for posting a review. You may not post or submit a review of an Employer if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Employer, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Employer, or (iii) related to such Employer, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Suggestions. If you elect to provide or make available to Wecruiter any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), Wecruiter will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
Accuracy of Information. Wecruiter makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
Third-Party Intellectual Property
Third Party Materials and Intellectual Property. The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third-Party Materials"), and Third-Party Materials may be provided on the Wecruiter Properties as part of the Services. These Third-Party Materials are not owned or controlled by Wecruiter. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Wecruiter. All non-Wecruiter trademarks, product names and logos appearing on our Services are property of their respective owners.
Claims of Copyright Infringement. If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notification to Wecruiter at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Wecruiter Legal Department
6947 Coal Creek Pkwy SE, Suite #271
Newcastle, WA 98059
Returns; Refunds. In the limited cases where we allow the return of a Wecruiter Product, the purchase price will be credited to your Wecruiter account. No refunds will be given.
If you are a User receiving services from a Service Provider, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws. Wecruiter will provide a refund for Service Provider work only under limited circumstances,.
Payments for Wecruiter Charges that meet our requirements for a refund rather than an account credit (as set forth in the Terms) will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
No Interest. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.
Inactive Accounts. If a User account remains inactive for one year or more, Wecruiter reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.
Modification of Services. We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
Termination; No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent any User’s or Service Provider’s future access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
Part 3: Additional Terms for Service Providers
If you are a Service Provider, the terms in this Part 3 also apply to you.
General Terms for All Service Providers
Licenses, Qualification and Insurance. If you solicit, accept or perform services through the Services, you agree that:
you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work;
you will have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform; and
to the extent professional liability insurance is required for the kind of work you are doing (e.g., under applicable laws, rules and regulations, as a requirement of taking certain projects from Wecruiter, or as requirement for participation in certain programs), you will obtain and maintain that insurance.
Performance of Services.
You agree that, in performing work that you received through the Services:
if you receive a User request for a Service Provider to provide services, you will respond to the User (or Wecruiter, in the case of services booked and scheduled by Wecruiter) as soon as possible but in any event within 24 hours. If you do not timely respond, Wecruiter reserves the right to send that project request to another Service Provider and to terminate your right to respond to it;
you will complete the work in a professional manner, with the degree of skill and care that is required by best industry standards;
you will complete the work in a timely manner (including, if applicable, within any specified time/schedule/completion requirements provided by Wecruiter for the particular job);
you will comply with all applicable laws, rules and regulations;
you will not engage in any acts of wrongdoing, dishonesty or unethical business practices, including bait and switch tactics, misleading advertising or claims, or calling or continuing to call a User who has requested not to be called;
you will not engage in spoofing or any other false identification, whether by telephone, text (SMS), email or other means;
you will not make any representations, promises, guarantees or warranties on behalf of Wecruiter if you are doing the work through a Wecruiter Services program in which Wecruiter books, schedules and processes payment for your work, you will not accept payment for your work directly from the User or solicit additional work directly from the User; and
you will not subcontract your work except with our prior, express written approval.
If you subcontract any of the work, it is your responsibility to ensure that your subcontractors meet all of the requirements of the Terms applicable to Service Providers, including those relating to qualifications, licenses, insurance, data use and security, and compliance with applicable law. Any action or omission by your subcontractor that would be a breach if done by you will be deemed to be a breach of the Terms by you.
User Information. Wecruiter may provide you with personal information relating to Users that are seeking products or services. You agree that:
you will not use such personal information except as required to provide your products or services to such individual;
you will not disclose, rent, sell or otherwise provide this information to others without Wecruiter’s and such individual’s consent (and, if Wecruiter so notifies you with respect to your participation in certain programs, the consent of the third party that referred the individual to Wecruiter);
you will not use this information to market your products or services (or those of any third party) to such individual, unless Wecruiter notifies you that such marketing is permitted in connection with your participation in certain programs;
you will not use, or attempt to use, this information in a manner that would violate the Terms or for any purpose not intended by Wecruiter;
you will take reasonable and appropriate administrative, physical and technical measures to protect the security, integrity and confidentiality of User information that you receive from Wecruiter; and you will promptly report all data breaches or other information security events involving User information to Wecruiter;
if your account with Wecruiter is no longer active or is terminated, you will not represent that you provide services through any Wecruiter program or network; and
you will not represent that you are an employee or agent of Wecruiter. Even if you are participating in our Wecruiter Services program where Wecruiter books, manages and processes payment for your work, you are not an employee or agent of Wecruiter and you, not Wecruiter, are responsible for your work.
Disputes with Users. You agree that you will cooperate with Wecruiter if we attempt to facilitate the resolution of any customer dispute or complaint between you and a User to whom you provide (or have been booked to provide) product, services or advice. However, we will not be liable to you, the User or any other person for the resolution of (or failure to resolve) any such matter. We reserve the right to charge you for any amounts we pay to a User in connection with any such dispute or complaint, including disputes regarding your performance of or failure to perform services, and you agree to reimburse Wecruiter for any such payments and for any costs, expenses or attorneys’ fees that we incur in connection with such dispute.
You agree that Wecruiter has the right to disclose any information we have regarding you to any authorities requesting information from us regarding any product, services or advice you have provided or proposed to provide or any Services we have provided to you.
Informational Requests; Updates. You agree to comply with Wecruiter's informational requests from time to time in connection with the Services, including providing information to be used by Wecruiter (or our service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User. You agree to immediately notify us if: (i) any information you have provided to Wecruiter, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Charges and Remuneration.
Service Providers that have directly assisted in marketing a Job Opportunity that resulted in a Successful Hire of an Applicant by an Employer such whereby said Service Providers share, recommendation, first endorsement or application can be directly attributed to the hired candidate (the “Reward Chain”) may be eligible for Referral Rewards associated with the Job and associated hire. Such distribution will not occur until after an Applicant accepts a position with the Employer and has not been terminated for any reason for greater than 30 days and the Employer distributes said Referral Rewards to Wecruiter. The net Referral Rewards distributed will not exceed the amount of the referral fees provided by the Employer to Wecruiter, less any Wecruiter administrative and servicing expenses for the applicable Job Opportunity (the “Net Referral Rewards”). The timing and amounts of any Net Referral Rewards distributions may be adjusted to net out or take into account any claw-back provisions or amounts specified by Employer. All Service Providers owning a link in the unique winning Reward Chain may be eligible to participate in shared Referral Rewards. Allocation of the Net Referral Rewards among Reward Chain participants will be at Wecruiter’s sole discretion and will be based upon factors that may include, but may not necessarily be limited to, historical propensity of individual Service Providers in recommending talent that is hired, Wecruiter engagement, etc. These factors are expected to evolve over time with the intent of rewarding those Service Providers whose performance adds value to Employers, Service Providers, Applicants and the platform. Wecruiter will make reasonable efforts to provide transparency into the factors that impact allocation on a directional basis. Wecruiter reserves the right to arbitrate Referral Rewards disputes at it’s own discretion. All Service Providers agree to furnish Wecruiter with necessary personal information required for Wecruiter to execute payment in a legally compliant fashion of its choosing at its sole discretion. A failure to provide this information will result in forfeiture of any Net Referral Reward payments.
Taxes. You agree to properly register to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services ("Taxes"), and to collect and timely remit such Taxes to the applicable tax authorities. You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users, except for those Taxes or tax-related payments that Wecruiter is required by law to collect or withhold. You agree that you, and not Wecruiter, are solely responsible for all matters related to Taxes. You agree to provide a current and correct W-9 to Wecruiter upon request.
Site Link; Wecruiter Job Links. If you have a Wecruiter profile on the Properties and are an Employer, you agree to link your website to your Wecruiter profile, at a place on your website determined by you, using the following text: "Review my job postings on Wecruiter.” If you are an Employer you will make reasonable efforts to embed the URL to the Wecruiter Job listing in any Job posting that is also posted on Wecruiter to best take advantage of Wecruiter’s viral marketing platform.
Quality Control. We may access and monitor your Wecruiter account and usage and communication information as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Service Provider Account; Profile. You will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
You understand and acknowledge that the amount and quality of your information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services.
You agree that Wecruiter may suspend or terminate your Wecruiter account if it remains inactive for 60 days or more, or if you fail to respond to Wecruiter’s active communications for 30 days or more.
Phone Number; Communications. You are aware and agree that the telephone number listed by Wecruiter for your business in connection with the Services may be a call forwarding number used by Wecruiter that is different than your personal or business telephone number. This number is utilized by Wecruiter to improve its products and services for both Users and Service Providers, for quality control and for other purposes (such as those described above). We (and, if the call to you originates on a partner service, the partner) may monitor and/or record calls on this number and other communications with Users that you make through the Services. You consent to this monitoring and recording.
Confidentiality. If you receive confidential information from Wecruiter, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Wecruiter’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, policies and practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Wecruiter is intended or created by the Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Wecruiter, and that Wecruiter has no power or authority to make any commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
No Guarantee. As a Service Provider, you agree and acknowledge that Wecruiter cannot and does not guarantee the results of any Services provided by Wecruiter, including the exposure you will receive as part of the Services, the number or quality of potential customers or Applicants with whom you will have contact, or whether a user or Applicant respond to their Job Opportunity. You acknowledge that Wecruiter will determine in its sole discretion the manner and terms of Services provided to Service Providers. By way of example and not limitation, Wecruiter may impose limits on the type and/or number of Service Providers that can participate in particular programs, which Services Providers are notified about particular Job Postings and the timing of such notification, the type and/or number of Services Providers who can respond to particular Job Postings, and the amount and availability of discounts for particular programs, services or Service Providers.
Offset of Amounts Due. You agree that if Wecruiter is entitled under the Terms to payment by you or reimbursement from you of any costs, expenses or other amounts, we may deduct any such amounts from any amount that we owe you.
Fraud or Other Willful Misconduct. Notwithstanding anything else herein to the contrary, you understand that, in the event of willful misconduct by you against Wecruiter or any Wecruiter Applicant, Employer, or other User of any Wecruiter Services, including but not limited to fraud, theft, failure to perform services for which you received any deposit or payment, or willful damage to property, Wecruiter shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee equal to three times the dollar amount or value of such fraud, theft, retention of unearned payments, willful damage or other willful misconduct. This fee shall constitute liquidated damages to compensate Wecruiter for the time and effort of Wecruiter’s employees, agents, representatives and attorneys in addressing, investigating, and rectifying your misconduct, and you hereby agree that such fee is reasonable and appropriate.
Further, Wecruiter reserves the right to pursue legal action against you through the state and federal courts of Washington or other appropriate jurisdiction in the event Wecruiter determines you have committed fraud, theft, willful failure to perform services for which you have received a deposit or payment, or willful damage to property to, against or involving Wecruiter or any User. You agree and consent to the personal jurisdiction and venue of the federal and state courts in King County, Washington, for any such court action or proceeding.
Products and Services for Employers
If you are a Service Provider posting requisitions (“Jobs”) and recruiting Applicants for those Jobs through the Wecruiter Services (an “Employer”), the terms in this section also apply to you. (Note that while the Employer Products described below are available to all Service Providers, if you participate in our Wecruiter Services program where Wecruiter posts Jobs and sources Applicants for those Jobs on your behalf, the specific Additional Program Terms for that program will apply.)
Employers can purchase the right to contact and hire an Applicant who has submitted a resume for a particular Employer position requisition (a “Job”) by submitting an employer referral reward for said Job (“Referral Reward”). Information regarding a Job, and the right to respond to it, may be made available to an Employer through Wecruiter’s [website], through email, through a telephonic connection, through Wecruiter’s communications platform, or by other means.
Product Terms. Wecruiter and you may agree to the term, fees and other terms of an Employer Product (including the fees and terms applicable to individual or categories of project requests) ("Product Terms") in writing, telephonically or electronically, including by email or within Wecruiter’s communication platform. If you purchase an Employer Product, Wecruiter will send an email detailing the terms of the Employer Product that you agreed to ("Confirmation Email"). If you disagree with the purchase information and other terms in the Confirmation Email, you have three days after delivery of the Confirmation Email to contact Wecruiter at firstname.lastname@example.org with a request to cancel your purchase of the Employer Product and receive a refund. If you do not notify us of your disagreement and cancel your purchase within those three days, you will be deemed to have accepted the terms set forth in the Confirmation Email, in addition to the Terms. Note that this paragraph does not apply to the rejection or return of individual project requests, which is described in the next paragraph.
Charges and Remuneration. An Employer shall notify Wecruiter of an Offer Acceptance by an Applicant within one business day of receiving said acceptance from the Applicant via the Wecruiter Employer dashboard by clicking on the “Offer Acceptance” button in the dashboard for the associated Applicant and Job. After clicking on the “Offer Acceptance” button for the associated Applicant, Employer shall enter the Applicant employment start date on the Wecruiter Employer dashboard on the date agreed to by the Employer and Applicant within one business day of reaching said agreed start date. Employer shall provide Wecruiter with a corporate credit card or mutually agreed alternative mechanism for funding Referral Reward payment. Thirty (30) calendar days following the Applicant employment start date, if the Employer has not notified Wecruiter in writing or via email at email@example.com that the Applicant has terminated employment, Wecruiter will charge the Employer credit card, or Employer will be obligated via the mutually agreed alternative mechanism for funding, for the Referral Fees associated with the applicable Job associated with the Applicant. After receiving funding for the Referral Reward from the Employer Wecruiter will distribute the applicable shared referral reward, as determined by Wecruiter in its sole discretion, to the Wecruiter network for the Job associated with the Applicant. Employer will have no claw-back rights to any Referral Reward paid to the Wecruiter.
An Employer shall provide Wecruiter with remuneration equal to 10% of a hire’s first year total guaranteed cash compensation for any Applicant presented to the Employer on the Wecruiter platform and for whom the Employer expressed an initial interest (said interest demonstrated by marking the Applicant “Pursue” on the Wecruiter platform) but who was not hired through the Wecruiter platform and said Applicant was subsequently hired by the Employer within 12 months of the initial Applicant application date on the Wecruiter platform, provided that said Applicant was not introduced to the Employer by any other agent or through the Employer’s efforts in the twelve (12) months preceding the initial Applicant application date.
Returns. Once you, as an Employer, purchase the right to respond to a particular Job Request through posting a Referral Reward and subsequently make an offer to an Applicant which is accepted and a start date agreed to by you and the Applicant and payment of the Referral Reward is made to Wecruiter you are generally not able to reject or return the payment. Should the Applicant terminate Employment within 30 calendar days after the start date for any reason the amount of the Referral Reward will be credited to your account and can be applied to Referral Rewards for future Job postings. Should the Applicant terminate Employment greater than 30 calendar days after the start date Wecruiter will not issue a refund for any reason.
Suspension; Termination. Wecruiter reserves the right to suspend or terminate any Employer’s ability to purchase Employer Products or otherwise use the Employer Products and any other Services, including as a result of default in payment obligations. Our general practice is to stop sending project requests 7 days after an Employer’s account becomes delinquent, and to suspend a Employer’s account after 14 days of delinquency.
Part 4: Additional Important Legal Terms
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Wecruiter Parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with Wecruiter, Users, Service Providers or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
Limitation of Liability
In no event will the Wecruiter Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, Wecruiter, Users, Service Providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not Wecruiter is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the Wecruiter Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, Wecruiter, Users, Service Providers or other third parties exceed the lesser of (a) the amount you have paid to Wecruiter for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to Wecruiter, one hundred dollars (if you are a User) or one thousand dollars (if you are a Service Provider).
Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the Wecruiter Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (2) your transactions with Users, Service Providers or other third parties, or (3) any violation by you of any of the Terms or applicable laws. Wecruiter reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wecruiter in asserting any available defenses.
You agree that you bear all risk and, in consideration of the services provided by Wecruiter, you hereby release Wecruiter, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the "Wecruiter Parties") from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, Wecruiter, Users, Service Providers or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Wecruiter may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
A User’s rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.
Attorneys’ Fees. If any of the Wecruiter Parties take legal action against you as a result of your violation of these Terms, the Wecruiter Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Wecruiter Parties.
Definitional Provisions. All references to “dollars” or “$” in the Terms or on the Properties refer to United States dollars. Unless otherwise indicated, the words “include,” “includes” and “including,” when used in the Terms, shall be deemed in each case to be followed by the words “without limitation.”
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Wecruiter's prior written consent, but may be assigned by Wecruiter without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Program Terms) constitute the entire agreement between you and Wecruiter concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Wecruiter with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wecruiter's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the Wecruiter Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Program Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at firstname.lastname@example.org or in writing at 6947 Coal Creek Pkwy SE, Suite #271 Newcastle, WA 98059