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.