HIRECLICK Terms of Service
If you are engaging in this Service on behalf of a company, you consent that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company. Upon acceptance, the following binding contract is configured between HIRECLICK and the company (client) in accordance with the terms and conditions of this Agreement. You agree not to commit or hearten any violation of the Agreement between HIRECLICK and the company.
If you are entering into this Agreement on behalf of your company, the term “Client” represents your company including all its employees.
If you are entering into this agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term “Client” refers to you.
Term of Agreement
The term of client’s HIRECLICK agreement is either Monthly or Annually, according to client’s preference. After the Initial Term, this Agreement shall be deemed renewed automatically for subsequent term periods that match the original term selected by client. An initial monthly term will renew consecutive monthly term periods, whereas, an original annual term will renew consecutive annual term periods, unless service is terminated by client or by HIRECLICK.
Termination of Agreement
Either HIRECLICK or client may terminate this Agreement via written notice at any time.
Upon termination the following conditions apply:
- Client must cease all use of the Software excluding the retrieval of data collected as denoted previously, and
- HIRECLICK may disable all other sections of the Software for which the Client’s rights have expired or which have been terminated.
- If desired, client may request and receive a copy of the data hosted by HIRECLICK,
- Client may be responsible for early termination charges.
- The pricing for the HIRECLICK service will be determined by client’s choice of agreement: Month to Month or Annual
- For either pricing tier (month to month or annual) The fee or charge associated with the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
- You must notify HIRECLICK of any change to your billing information before the next billing cycle.
- The Service Fee is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- You hereby authorize HIRECLICK to invoice your company for HIRECLICK service and, when credit card billing is initiated, to debit or credit, as applicable, the credit card or debit card you select to pay the Service Fee.
- For annual agreements, which dictate a discounted monthly service charge, cancellation prior to the agreement’s end date could result in early termination charges. If client terminates order after the effective date and before the end of its commitment period, Client recognizes that early termination fees will exist. Client understands that they will have the option to rerate their agreement from its inception to undiscounted, month to month pricing or will remain accountable for full payment through their order and date, whichever is less.
Software User Management Rights
Throughout the term of this Contract, HIRECLICK grants this client with a limited, non- exclusive, and non-transferrable right to access and use its trademark HIRECLICK hosted software products and corresponding documentation via web browser for client’s internal business use ONLY. HIRECLICK is made available to client as a secure, hosted service. HIRECLICK hosts and maintains physical control over the Software and makes accessible and operational by client via Internet Web-browser. HIRECLICK is not obligated to provide or make available any Software computer code to client at any time. Client may not lease, distribute, rent, or resell HIRECLICK software, or use the Software as the foundation of for creating a competitive solution, or remove or modify any of the logos, trademark, confidentiality or any other denotations that appear in the software.
HIRECLICK utilizes advanced technology within its hosting environment to protect the integrity of data hosted within the application.
HIRECLICK does not warrant that the service will be uninterrupted, timely, secure, or error-free.
HIRECLICK retains all right, title and interest in and to:
Software, documentation for the software as well as any adaptations or Software upgrades, regardless of the source of motivation for modification regardless of input from Client.
Any and all performance data collected used to enhance HIRECLICK for business purposes assuming that the information used doesn’t reveal Client’s identity or any personal/identity candidate information that belongs to Client.
Limitation of Liability
You expressly understand and agree that HIRECLICK shall not be liable to you or any third-party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (Even if HIRECLICK has been advised of the possibility of such damages).
This Agreement constitutes the entire agreement of the parties. The parties agree any actions brought to enforce this Agreement will be pursuant to the laws of the State of South Dakota.
Refer Another Employer Terms & Conditions
We may terminate your participation in this Program or cancel this Program at any time in our sole discretion, but these Program Terms & Conditions will continue to apply to Qualified Referrals made prior to such termination or cancellation, unless your participation is terminated because of a violation of these Program Terms & Conditions. Failure to comply with any of these Program Terms & Conditions or any fraud or abuse relating to the accrual of rewards under the Program by you or anyone acting on your behalf may result in the immediate termination of your membership in the Program, cancellation of your Program account and/or forfeiture of any outstanding Program rewards. In the event of any fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, HIRECLICK reserves the right to suspend access to your account indefinitely pending investigation.
A “Qualified Referral” is any customer located in the US or Canada that (i) has never had an active HIRECLICK account (ii) satisfies our activation requirements, (iii) subscribes to the HIRECLICK hiring suite for a period no less than 90 days (iv) has made payment in full of any bills due to HIRECLICK. Each Qualified Referral may only be credited to a single Referrer. By participating in this Program, you agree that we will make the final determination whether anyone you refer to us meets all requirements to be considered a Qualified Referral.
HIRECLICK will reward Referrers through issuance of a Starbucks Gift Card in the amount of $20 for each Qualified Referral. The reward will be delivered electronically and made available via weblink within your HIRECLICK account (in the My Referrals section - https://hireclick.com/referrals/list). Please allow 2-4 weeks for processing following the event of the business referral. You will have no right to any credit or unfulfilled referral reward that remains outstanding at the time your supply contract with HIRECLICK terminates.
Gift cards are issued by Starbucks. We reserve the right to provide you with an alternative form of consideration of equal value at our discretion. For any questions about your gift card, call our customer care team at 1.866.335.2678. Use of merchant names and/or logos is by the permission of each respective merchant and all trademarks are the property of their respective owners. Terms and conditions are applied to gift cards. Please see the merchant gift card for additional terms and conditions, which are subject to change at merchant's sole discretion. HIRECLICK will share your name and email address with Virtual Reward Center for reward fulfillment only.
As a HIRECLICK customer you have the opportunity to access some of the data regarding your referrals and rewards through our online portal. This portal allows you to log in and view the status of your referrals (note: referral status is only available after a Qualified Referral has enrolled with us – statuses are either Sold (successful referral), Working (pending), or Closed (no referral granted). For successful referrals that are marked Sold, you can view referral links with valid gift cards.
We reserve the right at any time and in our sole discretion to cease to proceed with all or any part of this Program or to alter, change, modify or assign the terms or content of this Program. If any of the Program Terms & Conditions are changed or amended in any way, we will promptly publish such variation or amendment on our website at www.hireclick.com. It is your responsibility to check the Terms & Conditions page of the Program website regularly to determine whether these Terms & Conditions have been modified. If you do not agree to any modification of these Terms & Conditions, you must immediately cease participation in the Program. All previous Program offers will no longer be valid with respect to any Qualified Referrals made after the date of such change. Referral rewards or other payment amounts are subject to change at any time, and such changes will apply to Qualified Referrals made after the date of such change. Additional restrictions may apply.
In connection with your participation in this Program, you may receive confidential and proprietary information from us, including sensitive customer data, which you agree to keep confidential and not to disclose to any third party except as necessary in connection with your participation in this Program. You also hereby authorize us to release any such information regarding your account to someone referred by you as necessary to enroll such potential customers with us. It is your responsibility to keep the access codes we provided for your account confidential. HIRECLICK, and its affiliates, will not sell your email or any email you provide for your friends (referrals) to any other party.
Independent Contractor Relationship
Your acknowledge and agree that nothing herein authorizes you to act on our behalf nor on behalf of our parents and affiliates and that nothing herein shall be construed to constitute a or imply a joint venture, employer-employee relationship, partnership or association between you and us, our parent or their respective affiliates. You acknowledge that you enrolled in this Program at your own risk and as an independent contractor. You are not authorized to make any marketing claims, including claims of savings or the nature of HIRECLICK service, as part of this program.
By participating in this Program, you agree to indemnify and hold harmless HIRECLICK, its parent and their respective affiliates from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, reasonable attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in this Program or breach of these Program Terms & Conditions.
Warranty Disclaimers; Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER HIRECLICK, ITS PARENT OR ANY OF THEIR AFFILIATES, THROUGH THESE PROGRAM TERMS & CONDITIONS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HIRECLICK, ITS PARENT OR ANY OF THEIR AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS & CONDITIONS OR THIS PROGRAM, EVEN IF HIRECLICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Acceptance and Jurisdiction
By participating in the Program, you agree that you have read, understand and will abide, and be bound, by these Program Terms & Conditions. These Program Terms & Conditions shall be governed in all respects in accordance with the laws of the State of South Dakota without regard to the conflict or choice of law rules thereof. The federal and state courts located in South Dakota, shall have exclusive jurisdiction over any dispute arising hereunder and by participating in this Program you consent to same.
You may not assign the right to participate in this Program to any other party. We may assign these Program Terms & Conditions or assign or delegate any of our rights or responsibilities hereunder to independent contractors or other third parties. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and executed by our authorized representative. No delay or omission by us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.