Thank you for using CleverHire’s job posting platform and related products and services (the “Jobs Services”). You agree that by purchasing, signing up for, or otherwise using the Jobs Services, you are entering into a legal binding agreement (even if you are using Jobs Services on behalf of a company). The Jobs Services allow your postings to be served on CleverHire properties and enabled third parties (collectively, "Properties"), e.g.,websites and mobile applications. The Jobs Services allow postings to be targeted to CleverHire users based on non-personally identifiable criteria.
1. Agreement
In addition to the CleverHire Terms & Conditions, Privacy Policy and Refund Policy, these Jobs Terms and Conditions apply to the access and use of the Jobs Services. Additional terms may apply to specific features of the Jobs Services, and such terms will be presented when you engage with such features. To the extent of any conflict between different agreements that you have with CleverHire, these Jobs Terms and Conditions and any feature-specific terms govern with respect to the use of the Jobs Services.
If you are accessing or using the Jobs Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Jobs Terms and Conditions, and your agreement to these Jobs Terms and Conditions will be treated as their respective agreement. In this event, CleverHire may hold you responsible for violations of this agreement by that business or third party, and "you,""your" and "party" will also refer and apply to that business or third party.
2. Jobs Services
The Jobs Services are designed to help you reach quality candidates for job opportunities. You are responsible for (i) all postings and content there for submitted by or on your behalf through the Jobs Services or otherwise to CleverHire, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefore (collectively, your "Postings"); and (ii) all content and property to which Postings may direct viewers, as well as redirects ("Destinations").
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the JobsServices on behalf of a business, you agree that CleverHire may share information about your purchases and use of the Jobs Services with that business, including its representatives and agents. If that business indicates that you are no longer authorized to purchase or manage Job Services on its behalf (e.g., if you leave that business or changes roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Jobs Services to any other party.
Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.
Without limiting the prohibitions in the Terms & Conditions or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:
· Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
· Create Postings that intentionally misrepresent the job, hiring company, or poster.
· Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation may constitute intentional misrepresentation.
· Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
· Provide identifiable candidate resume or application data to any other parties.
· “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
· Harass, stalk, or contact any applicant after they have asked not to be contacted.
· Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.
· Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
· Soliciting employees by intentional misrepresentation.
· Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state, province or country, the state or country where the job is to be performed, or the state of California.
· Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
· Engage in illegal or fraudulent conduct.
· Except as expressly authorized by CleverHire in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
· Except as expressly authorized by CleverHire in writing, copy, modify or create derivative works of the Jobs Services or any related technology.
· Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of CleverHire or a third party.
CleverHire may, in its sole discretion, modify, or terminate any part or all of the JobsServices or suspend your ability to use the Jobs Services. CleverHire may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.
3. Jobs Services Terms
The Jobs Services terms below outline the terms of which CleverHire will provide our services to you.
(i) Job Posting
· Job posting submissions will be reviewed and if approved, published within one (1) business day
· Job Postings will remain active on the CleverHire job board for thirty (30) days.
· CleverHire will make all completed, submitted applications available to you via secure document transfer every seven (7) days during which the Job Posting is active.
(ii) Job Posting with 1-Way Video Interview
· Job posting submissions will be reviewed and if approved, published within one (1) business day of the submission.
· Job Postings will remain active on the CleverHire job board for thirty (30) days.
· Video Interview questions must be included with the Job Posting submission, otherwise CleverHire will select the interview questions on your behalf
· CleverHire will make all completed, submitted applications available to you via secure document transfer every seven (7) days during which the Job Posting is active.
· You are permitted and encouraged to record an 'intro' and 'outro' video to accompany your video interview question. These videos must be provided to CleverHire with your Job Posting submission.
(iii) Candidate Screening Services
· Review all applications submitted for the Job Posting to assess their qualifications for the Job Posting, including reviewing submitted resumes, cover letters, video interview submission, and any other materials provided in the candidate’s application.
· Provide you with applicant profiles for five (5) candidates based on our review of these candidates and determined by what CleverHire determines to be the most favorable candidates that match the requirements for the Job Posting.
· Applicant profiles includes resumes, cover letters, video interview submission, and any other materials provided in the candidate’s application.
· CleverHire will offer two (2) phone calls with you, up to a maximum of thirty (30) minutes each. The first phone call will be to discuss the Job Posting, role requirements and to align on your most important criteria for hiring for this Job Posting. The second phone call will be to discuss the candidates that CleverHire has selected and to review these candidate profiles and provide any explanation for why these candidates were selected for the Job Posting.
· CleverHire will provide You with the Applicant profiles within 10 business days of the closing of your Job Posting.
· Any additional phone calls requested by you can be made available by CleverHire for an additional Fee of $250 CAD per hour, billed hourly and charged to your payment method.
· If CleverHire is unable to provide you with five (5) candidate profiles for your Job Posting, CleverHire will provide you with a credit for the full amount of your Candidate Screening purchase that will be eligible to use for any future Job Posting and/or Candidate Screening Service.
4. Fees, Payment and Cancellation
You may be offered more than one billing option when you purchase Jobs Services. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through your account("Rate"). You also agree to pay all applicable taxes, government charges and foreign exchange fees. CleverHire will charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. CleverHire may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
Unless you change or remove your payment method, CleverHire may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your account.
5. Intellectual Property Rights and Privacy
You grant to CleverHire a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).
If you choose to provide suggestions or feedback to CleverHire about Jobs Services, you agree that CleverHire can (but does not have to) use and share such feedback for any purpose without compensation to you. You may not disclose any information about CleverHire's pricing, metrics, member demographics or product features. CleverHire reserves all of its intellectual property rights in the Jobs Services.
Each party will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, "Applicable Law") relating to its performance of these terms, including privacy and security laws (e.g.,the EU Data Protection Directive 95/46/EC and EU Directive 2002/58/EC, each as amended and implemented in various EU countries). Without limiting the generality of the foregoing, each party will prominently post a complete and accurate privacy policy on its websites and in its mobile applications.
You may use information resulting from the Jobs Services ("Jobs Services Data")only on an aggregate and anonymous basis to assess the performance and effectiveness of your candidate search using the Jobs Services and to optimize your candidate search. You agree to use reasonable measures to protect the confidentiality of Jobs Services Data and to use appropriate security safeguards to protect Jobs Services Data in accordance with industry standards.You may share Jobs Services Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Jobs Services Data on your behalf. Without limiting the foregoing, you shall not (i) sell the JobsServices Data; (ii) combine the Jobs Services Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the Jobs Services Data as associated with CleverHire, transfer any Jobs Services Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.
6. Disclaimer of Warranties
To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the User Agreement, CleverHire and its affiliates (as defined in the User Agreement) disclaim all warranties regarding the JobsServices, including but not limited to any warranty (a) about the accuracy of any candidate information (including but not limited to candidate applications, candidate identities, recommendations, connections, and references); (b)concerning information on which the Posting targeting categories are based(e.g. member profile information); (c) concerning the rate at which inventory for your Postings becomes available on the Properties; (d) concerning the results of your candidate campaigns and other uses of the Jobs Services; or (e)that the Jobs Services will be uninterrupted or error-free.
7. Indemnity
Notwithstanding any review or approval of any Posting by CleverHire, you agree to indemnify CleverHire and its affiliates (as defined in the User Agreement), and hold CleverHire and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the Jobs Services, any candidate hiring or employment decisions, and breach of these Jobs Terms and Conditions.
8. Limitation of Liability
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms andConditions for lost profits or lost business opportunities, loss of data, orany indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for an amount that exceeds the greater of (a) 5 times the total fees paid or payable CleverHire during the1-month period before the event giving rise to the liability or (b) CAD $100.00.
These limitations of liability do not apply to a party's (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv)violation of the other party's intellectual property rights.
9. Miscellaneous
The provisions of the Terms & Conditions relating to feature-specific terms, termination, interpretation, notice and assignability apply to these Jobs Terms and Conditions and the Jobs Services. Neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether a party to these Jobs Terms and Conditions or not) relating to the subject matter of these Jobs Terms andConditions, other than as stated in these Jobs Terms and Conditions. These JobsTerms and Conditions do not create a partnership, agency relationship, employer relationship or joint venture between the parties.
CleverHire may change the terms of these Jobs Terms and Conditions by notice to you (for example, by a notice displayed in the Jobs Services, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Jobs Services. The following provisions of these Jobs Terms and Conditions survive its termination: Sections 2 through 5, as well as Sections 7 through 9.
If an issue arises under these Jobs Terms and Conditions (including non-contractual disputes or claims), then these Jobs Terms and Conditions are governed by the laws of the Province of Ontario, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Jobs Terms and Conditions will be brought in a provincial court in Ontario. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.
