Effective Date: April 1, 2015
Your access to and use of the company sites and materials are conditioned on your acceptance of and compliance with these Terms. By accessing or using the company sites and materials you agree to be bound by these Terms. If you do not agree to the terms herein, you agree that you will not access or use the company sites and materials, and you understand that you ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE COMPANY.
Please read these Terms of Service ("Terms") carefully before accessing or using any websites or materials provided by WebCorp.com (the "Company" or "We" or "Us"), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, "Company Affiliates"). Without limitation, such Websites include http://webcorp.com, and products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, "Company Sites and Materials").
The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
This document sets out the Terms and Conditions ("Terms") on which WebCorp, LLC of 9000 Crow Canyon Rd, S222, Danville, CA 94506 ("WebCorp") provides customers with access to certain recruitment management services through the https://webcorp.com website ("Website").
Please read these terms very carefully before using the website and any of the WebCorp services. You acknowledge and agree that by clicking on "I Agree" on behalf of a nominated company or organization (in these terms, the "Customer"), you agree that company or organization will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the customer company or organization.
If you do not accept these terms, you will not be able to use the website and the services. You are advised to print and retain a copy of these terms for future reference.
The Website is owned and managed by WebCorp, LLC, 9000 Crow Canyon Rd, S222, Danville, CA 94506.
In consideration for the payment of the Fees, WebCorp shall provide the Customer with the services as described on the Website, which allow the Customer to track and manage its applicant hiring process ("Services"). The Services typically include the following key features:
For the avoidance of doubt, WebCorp's obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer's behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and WebCorp, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
WebCorp may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer. WebCorp shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, WebCorp shall use its reasonable endeavors to notify the Customer in advance provided that WebCorp is able to do so.
Access to the Website and the Services may be granted to the Customer on a trial or 'free' basis ("Trial"). The Customer acknowledges and agrees that during the Trial, these Terms and conditions shall apply, as well as the following specific terms:
In order to use the Services, the Customer shall first be required to register with WebCorp by completing the online registration form on the Website which will include completing the organization, location and billing sections of the set up.
WebCorp shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer's registration. The Customer's contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email. WebCorp reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to WebCorp. If WebCorp has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, WebCorp at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer's Contract.
These Terms shall apply to any and all users who access and use the Website and the Customer Services through the Customer's account. The Customer acknowledges and agrees:
Unless otherwise explicitly stated by WebCorp, WebCorp does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
WebCorp reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if WebCorp has reason to believe that the Customer's use of the Services and/or the Website breaches these Terms.
The Customer shall not:
The Customer warrants and represents that the information provided and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the information in the Opening or the Customer Information is incorrect, incomplete, inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify such information.
The Customer shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation. The Customer is solely responsible for the use of the Services and its internal management of the recruitment process for each Candidate search the Customer undertakes and any Opening advertised by the Customer through the Website. The Customer is also responsible for confirming each Candidate's qualifications, skills, training and experience; that the Candidate has the right to work in the relevant jurisdiction; and procuring from the Candidate(s) all information reasonably required by the Customer to determine the Candidate's suitability to the Opening.
The Customer acknowledges that WebCorp does not have any control of and therefore can not reasonably accept any liability in respect of the behavior, response or actions of the Candidates. WebCorp does not warrant, represent or guarantee that the Customer will be able to fill the Opening using the Services. The Customer shall at all times keep all information including without limitation, the Candidates' Profiles, communication and correspondences between the Customer, WebCorp and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
The Services shall be personal to the Customer organization and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express written approval of WebCorp.
The Customer acknowledges and agrees that it is the Customer's responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Candidate directly. In the event there is a dispute between the Customer and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - the Customer agrees WebCorp is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless WebCorp from any such loss or damage or any liability in relation to any Dispute.
The Customer hereby indemnifies WebCorp against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by WebCorp which arise directly or indirectly from any Dispute, or any breach by the Customer.
The fees to access the Website and Services are as set out on the Website ("Fees"). The Fees may be based on the number of Locations the Customer is permitted to create in its use of the Services. Other than where the Customer is participating in a Trial, the Customer may only access the Website and the Services by paying the Fees.
Unless stated otherwise on the Website or agreed by WebCorp in writing, the Fees shall be payable by the Customer monthly or annually in advance, in the manner as set out on the Website.
All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason whatsoever.
The Fees or any rate of charge may be increased by WebCorp upon not less than thirty days prior written notice to the Customer, which notice may be provided through the Website.
All fees will be paid in the form of credit card unless otherwise agreed to in writing. If WebCorp is unable to charge Customer's credit card on file at the necessary time of payment, the Customer's account will be locked immediately when the account becomes past due, and all data will be permanently deleted from WebCorp's servers 30-days in delinquency if the account is not paid.
The Customer may terminate their Contract at any time by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
WebCorp shall be entitled to suspend and/or terminate the Customer's access and use of the Website and/or the Services if WebCorps network providers and suppliers cease providing WebCorp with their services; or if WebCorp has reason to believe that the Customer has breached any of the provisions of these Terms.
Upon termination of the Customer's Contract the Customer may no longer access or use the Services and the Website and all data will be deleted from the servers within 30 days.
You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of such information, including, at a minimum, those measures you take to protect your own confidential information, but in no event will you use less than reasonable measures to keep such information confidential. The foregoing restrictions shall not apply to the extent you must defend yourself in an action related to these Terms, or to respond to an investigation by a governmental agency initiated by that agency or to report any truthful incidents of illegal conduct directed at you to law enforcement.
The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer's use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of WebCorp relating to the Website as may be provided by WebCorp from time-to-time.
WebCorp relies on other service providers (such as network provider, data centers, telecommunication providers) to make the Services and the Website available to the Customer. Whilst WebCorp takes all reasonable steps available to it to provide the Customer with a good level of service, WebCorp does not guarantee that such service shall be fault free or uninterrupted at all times. WebCorp therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of WebCorp's service providers.
Except as expressly set out herein, to the maximum extent permitted by law, WebCorp expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
WebCorp may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to connect and publish Openings and other Customer Information through Third Party Websites and other third party services such as social and business networking sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.
NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $50 OR THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
As a condition of your use of the any of the Company Sites and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys' fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Materials and continue until you cease to use the Company Sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.
The Company may terminate your access to and use of the Company Sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancelation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Materials after termination or notification of the same.
These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
The laws of the State of California, without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
You and We agree that our sole relationship is a contractual one governed by these Terms. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.
Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association ("AAA") for arbitration in Walnut Creek, California, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator's fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys' fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, you and We agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party's intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Walnut Creek, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.