Terms of Service
Please read these Terms carefully. It describes the Services we will provide to you and our working relationship in respect to your rights as a customer, our rights as a vendor, and individual rights to privacy. This is a contract between you (the Customer) and us (HiringSolved). By using any HiringSolved Services, including signing up for “free” accounts, you’re agreeing to these Terms.
If you have any questions about our Terms, feel free to contact us.
From time to time, HiringSolved may make updates to the Terms. Updated terms will always be reflected here.
Becoming a HiringSolved Customer
To become a HiringSolved Customer, you’ll need to subscribe to our Services delivered through one of our current products (Talent Feed, Talent Feed+, PROPHET II, RAI). Subscribing means signing up for a free, trial or paid account. These are the considerations that you should make when signing up to become a HiringSolved customer.
- EligibilityIn order to use the Service, you must:a. Be at least 13 years old,b. Complete the registration process,c. Provide accurate information about yourself including the possibility of providing a valid credit card where needed,
d. Create only one account registered to your name,
e. Not be based in a location that is banned by the local applicable law from receiving Services,
f. Not be banned by HiringSolved due to a previous account violation of our terms or policies, and
g. Not share your account username and password.
- Subscription Term, Renewal, Termination and Suspensiona. Term. Your subscription period, defined as the time when you are allowed contractually to use the Services, begins on the initial subscription date and ends on the termination date. Subscription Terms can vary depending on the type of license you select.b. Renewals. Your subscription will automatically renew unless you’ve provided a 30 days’ notice to end your subscription if it’s a month-to-month Term, and 60 days for an annual Term. Contact firstname.lastname@example.org for any Term changes to your subscription.c. No Early Termination or Refunds. The Subscription Term ends on the expiration date and the subscription cannot be cancelled early. HiringSolved does not provide refunds if you decide to stop using any subscription products during your Subscription Term.d. Termination for Cause. At any time, you or HiringSolved may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other part becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on our brand or affect our ability to deliver Services to our prospects, partners, or customers.
e. Termination of Free Services or Trial Accounts. We may suspend, limit, change the terms, or terminate the Free Services or Trial Accounts for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
f. Suspension. At any time, we reserve the right to suspend your account if any of the following conditions are met. A suspended account can be re-instated after the condition(s) of the suspension has been resolved.
- i. Non-Payment. If payment is not made prior to the payment due date, in addition to our rights to charge you a 1.5% late fee, we will provide you with notice of non-payment of any amount due. You will have 10 days upon receipt of such notice to pay the amount in full. Failure to pay in full during this period will result in a suspension of your account unless you are disputing the applicable charges reasonably and are making a good faith effort to resolve the payment dispute. If an account is suspended for non-payment, we reserve the rights to back charge for any unpaid fees plus the applicable late charges.
- ii. Prohibited Acts. Your Subscription Service(s) may be suspended for any violation of local, state, federal, or foreign laws or regulations, or the terms of this Agreement.
- iii. Technical Risks to Delivery of Services. Unless specified through an API agreement, automated use of our Services is prohibited. There is a natural limit to how much processing activity a human can put through our system. The use of scripts or automation to access our Services are prohibited. Additionally, if your use of the Subscription Service is (1) is being used to engage in a denial service attack or other disruptive activity, (2) is creating a security vulnerability for the Subscription Service, or (3) consuming excessive bandwidth, or (4) causing harm to us or other subscribers, then we may suspend all or any access to the Subscription Service.
g. Effect of Termination or Expiration. If there is a termination or expiration of the Subscription Term, you agree to the following:
- i. Stop use of all terminated or expired Subscription Services.
- ii. Deactivation of terminated or expired Services or Accounts.
- iii. Deletion of any data tied to expired Services or Accounts by HiringSolved.
- iv. If there is a mutually agreed upon action, HiringSolved will provide you with a download of your data.
- v. Payment of any unused fees to you in the case of a termination for cause by you, or payment of all unpaid fees through the end of the Subscription term if there is termination for cause by HiringSolved. Fees are otherwise non-refundable.
- Paymentsa. Payment and Invoicing. Payments are due upon receipt of an invoice.b. Overdue Fees. You have 15 days to dispute an invoice. If you elect to not exercise this right, and have been notified of the past due date of an invoice, HiringSolved reserves the right to charge a 1.5% late fee ten (10) days after providing notice of a late payment.c. Taxes. Quote prices do not contain sales taxes. In applicable jurisdictions, HiringSolved reserves the right to charge for applicable Sales taxes retroactive to the start of a term date.d. Payment Disputes. If there is a possible error in the invoice or an issue with the delivery of Services, you can in good faith, dispute the received Invoice. Any dispute must be sufficiently documented in writing and delivered to HiringSolved within ten (10) business days of your receipt of an invoice.
Privacy Rights, Regulatory Compliance and Proper Usage
HiringSolved’s Subscription Services have been certified to be compliant with EU-US, Swiss-US and UK-US Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the processing, use and retention of Personal Data transferred from the European Economic Area, Switzerland and the UK, to the U.S. HiringSolved’s full Privacy Notice can be found here. If you are working with candidate data involving residents of the European Economic Area, Switzerland or the UK, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) provides additional data privacy rights to these residents. Please read these terms carefully to understand your responsibilities as a Subscriber to our Services.
- Where You Are a Data Controller. If HiringSolved is providing you with a tool to help you discover talent easier (e.g., TalentFeed+) through an aggregation of your data sources, you must inform us if a data subject (a.k.a. candidate) has requested an amendment or erasure of their data unless that data change automatically flows through our integration.
- Where We Are a Data Controller. If HiringSolved is providing you with a tool to help find web sourced talent (e.g., TalentFeed, PROPHET II), then you need to consider the following:a. Transparency. When asked, inform the data subject that HiringSolved Services is the source of your data.b. Rights of Access, Amendment and Erasure of Data. Candidates have a right to view, request a change or remove their data from HiringSolved Services. Candidates can execute these rights by contacting privacy@Hiringsolved.com.
- No Spamming. Be in compliance with CAN-SPAM, Canada’s Anti-Spam Legislation or other similar laws and do not spam! If you have questions about how spam is defined, a definition can be found on the Spamhaus website.
- No Abuses. HiringSolved Services are set up to help hiring organizations discover talent easier. The use of HiringSolved Services, directly or indirectly, in a manner defined below is a violation of our Terms and will result in an immediate Termination of your account. Examples of abusive actions can include, but is not limited to:a. Use of HiringSolved services for hateful, threatening, abusive, stalking, defamatory or harassing activities;b. Distribution of contents that infringes the intellectual property right(s) of other individuals or organizations;c. Use of HiringSolved services for deceptive, misleading, false or fraudulent activities; and/ord. Sharing of obscene or vulgar content.
- No software scans. Scans of the HiringSolved Network providing Services are not allowed as they may interfere with our ability to provide Services to other customers. Software scans can include vulnerability, penetration, uptime, and/or other security or performance scans.
- No resale of data. HiringSolved is providing candidates data to help hiring organizations find talent. To ensure that this data is not used beyond its primary purpose, HiringSolved’s data cannot be resold or transferred to a third party.
- Confidentiality. The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors, and agents who have a need to know such information. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
- Limitation of Liability. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Services. HiringSolved will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. For any contract term, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service for the Term
- Indemnification. You agree to indemnify and hold us and our Team harmless from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the Services, or your violation of the Terms.
- Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SERVICES AS-IS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Governing Law and Jurisdiction. This agreement shall be governed by the laws of California without regard to its conflict of law principles. Both you and we hereby consent to the exclusive jurisdiction of state and federal courts located in San Francisco, California.
- Legal Fees and Expenses. The losing Party in any dispute shall pay all court costs, expenses and reasonable attorneys’ fees of the prevailing Party.
- Binding Arbitration. Any dispute arising under this Agreement will be subject to binding arbitration by a single arbitrator with the American Arbitration Association (“AAA”), in accordance with its relevant industry rules, if any. The arbitration will be held in California. The arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Severability. If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
- Force Majeure. We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, pandemics, floods, strikes, power or internet blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
- Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- Publicity. You grant us the right to add your name and company logo to our company list and website.
- Waiver and Modification. Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
- Entire Agreement. This Agreement makes up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings. Where there’s a conflict between these Terms and Terms defined by an MSA or Service Order, those terms will control to the extent of the conflict.
- Notices. If you need to send us notice, it will be effective when delivered to: HiringSolved, 1900 W. Chandler Blv., Suite 16-366, Chandler AZ 85224, Attn: Legal Department.
Last Updated: March 21, 2019