Terms of Use
Terms Of Use
Terms and Conditions
Introduction. This document contains the terms and conditions governing your use of Jobtrack Solution Corp Services and are deemed accepted by you each time you use JOBTRACK SOLUTIONS CORP Services. If you do not accept these terms and conditions, do not use JOBTRACK SOLUTIONS CORP Services. These terms and conditions are effective as of July 1st, 2023.
Binding Agreement. These terms and conditions (as they may be amended from time to time by JOBTRACK SOLUTIONS CORP Services Inc.), together with your Account Activation Form (also known as Services contract), form a binding agreement between you and JOBTRACK SOLUTIONS CORP Services Inc. Your signing of JOBTRACK SOLUTIONS CORP Services contract indicates your acceptance of these terms and conditions. You are agreeing to use JOBTRACK SOLUTIONS CORP Services at your own risk.
General Use. JOBTRACK SOLUTIONS CORP Services is intended for direct employers seeking candidates for employment. You may use JOBTRACK SOLUTIONS CORP Services only for lawful purposes within the stated context of JOBTRACK SOLUTIONS CORP Services’ intended and acceptable use as solely determined by JOBTRACK SOLUTIONS CORP Services Inc.
Intellectual Property. The JOBTRACK SOLUTIONS CORP Services site, content sent to You, and all rights, title, and interest are the sole property of JOBTRACK SOLUTIONS CORP Services Inc. and are protected by United States and foreign copyright, trademark, and other laws. Except for the limited licenses expressly granted to you in these terms and conditions, JOBTRACK SOLUTIONS CORP Services Inc. reserves for itself all other rights, titles, and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, or use in any other way for public or commercial purposes.
License to Use. JOBTRACK SOLUTIONS CORP Services Inc. hereby grants you a limited, terminable, non-exclusive right to use JOBTRACK SOLUTIONS CORP Services only for seeking candidates for employment. This authorizes you to view material solely for your personal use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of the services or your rights to any of the services provided by JOBTRACK SOLUTIONS CORP Services to any third party without the express written authorization of JOBTRACK SOLUTIONS CORP Services Inc. JOBTRACK SOLUTIONS CORP Services Inc. reserves the right to suspend or terminate your use at any time if JOBTRACK SOLUTIONS CORP Services Inc. determines that you are in breach of these terms and conditions and then charge you a termination fee.
Jobseeker Data. Because user authentication on the internet is difficult, JOBTRACK SOLUTIONS CORP Services cannot and does not confirm that each jobseeker is who they claim to be. Because JOBTRACK SOLUTIONS CORP Services does not and cannot be involved in user-to-user dealings or control the behavior of participants while on the job, in the event that you have a dispute with one or more jobseekers, you release JOBTRACK SOLUTIONS CORP Services Inc. from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WARRANTY DISCLAIMERS. TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBTRACK SOLUTIONS CORP SERVICES INC. DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, JOBTRACK SOLUTIONS CORP SERVICES INC. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBTRACK SOLUTIONS CORP SERVICES INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBTRACK SOLUTIONS CORP SERVICES INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
JOBTRACK SOLUTIONS CORP SERVICES INC. MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE JOBSEEKERS OR TIMELINESS OF THEIR SERVICES IN MEETING YOUR BUSINESS OBJECTIVES. JOBTRACK SOLUTIONS CORP SERVICES INC. DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN EMPLOYEES BEING RETAINED ONCE PLACED IN YOUR BUSINESS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
JOBTRACK SOLUTIONS CORP Services Inc. makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any resumes shared by jobseekers, or of any other form of communication engaged in by you and the employee/jobseeker. Resumes may contain inaccuracies or typographical errors. You agree that any reliance on resumes generated by jobseekers, or on any other form of communication with users, will be at your own risk and the responsibility of the jobseeker to be truthful.
DISCLAIMER OF CONSEQUENTIAL DAMAGE. IN NO EVENT SHALL JOBTRACK SOLUTIONS CORP SERVICES INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR ACCESS TO ANY DOCUMENTATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBTRACK SOLUTIONS CORP SERVICES INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBTRACK SOLUTIONS CORP SERVICES INC.’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH JOBTRACK SOLUTIONS CORP SERVICES OR YOUR USE OF JOBTRACK SOLUTIONS CORP SERVICES CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $10000.
Equitable Relief. Due to the nature of this agreement, in addition to money damages, you agree that JOBTRACK SOLUTIONS CORP Services Inc. will be entitled to equitable relief upon a breach of this agreement by you.
Amendments to this Agreement. JOBTRACK SOLUTIONS CORP Services Inc. may revise these terms and conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the site.
Payments. JOBTRACK SOLUTIONS CORP Services Inc. will charge you the amount stated in the Services contract plus a 4% administrative fee. The Service Fee will be charged with the provided financial details that you stated in the service contract at the start of the contract. The Upfront Project onboarding fees will be charged with the financial details you provided in the Services contract at the beginning of the contract. The Project onboarding fees will be adjusted once the first invoicing is done. Unless stated otherwise in writing, the plans you selected will be indefinite and accordingly be continue to be renewed at the same commercial frequency. The amount charged will be non-refundable, and it will be your responsibility to voice your desire to cancel the plans in advance of each payment being processed. JOBTRACK SOLUTIONS CORP Services Inc. will not be held responsible for any salary the employer is required to pay to the employee. JOBTRACK SOLUTIONS CORP Services Inc. payments will only be used as a subscription for the sourcing of the employee.
Indemnity. You agree to defend, indemnify, and hold harmless JOBTRACK SOLUTIONS CORP Services Inc. (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the services or your breach of this agreement. JOBTRACK SOLUTIONS CORP Services Inc. shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Employee Sourcing Rules. Neither you nor any authorized users may use JOBTRACK SOLUTIONS CORP Services in any way which, in JOBTRACK SOLUTIONS CORP Services Inc.’s sole judgment, adversely affects JOBTRACK SOLUTIONS CORP Services Inc.’s business, business prospects, the performance or function, or interferes with the ability of other subscribers to use our services. You understand and agree that any violation of the Employee Sourcing Rules section will give JOBTRACK SOLUTIONS CORP Services Inc. the right to immediately terminate any corresponding agreements and charge a termination fee.
JOBTRACK SOLUTIONS CORP Services Inc. may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the services at any time. By permitting access to JOBTRACK SOLUTIONS CORP Services information, JOBTRACK SOLUTIONS CORP Services Inc. does not convey any interest in or to the service. All right, title and interest in and to the service is and shall remain in JOBTRACK SOLUTIONS CORP Services Inc.
Miscellaneous. This agreement is entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Each party to this agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Delaware for any dispute arising under or in connection with this agreement, the site or any site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
Dispute Resolution
Any dispute arising with respect to this agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of Delaware. You expressly waive and are estopped from asserting any right to pursue any claim against JOBTRACK SOLUTIONS CORP Services Inc. relating to this agreement in any forum or venue located outside of the State of Delaware. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in the State of Delaware, at our sole discretion. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
TERMINATION OF JOBTRACK SOLUTIONS CORP SERVICES CONTRACTS. You reserve the right to terminate the contract upon 30 days written notice to JOBTRACK SOLUTIONS CORP Services Inc. In the event the contract is terminated by you prior to the completion of the Term period, you will be held liable /responsible for the payment of the remaining payments for the remainder of the Term of the contract. This remaining payment shall be deducted from you as a lump sum payment. For the purposes of clarity and avoidance of doubt, if you hypothetically are in a 12-month contract where you have only 4 months remaining on the Term period, and voice that you want to terminate the contract, JOBTRACK SOLUTIONS CORP Services Inc shall cease work at the end of the month and collect the remaining payments as a lump sum payment.
Poaching. If you are happy with the shared employee profile by JOBTRACK SOLUTIONS CORP that is interviewed and shortlisted and wish to make them an offer to work permanently outside of our contract, with your business, you will be held liable for the payout of this employee. As of July 2023, buy-out fee is $3,0000.00, which must be paid to JOBTRACK SOLUTIONS CORP Services Inc. as a lump sum payment. If you also wish to terminate the contract with JOBTRACK SOLUTIONS CORP Service Inc. once the employee has been poached, then you will be subject to the Termination clause in addition to the buy-out fee. For the purposes of clarity and the avoidance of doubt, in the instance that you want to hire the placed employee as a full-time exclusive employee of yours 4 months prior to the end of the Term of the contract, and then terminate the contract, then you will be required to pay $30,000.00 payments as one lump sum payment.
General
If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
SEVERABILITY AND ASSIGNMENT. The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by you without JOBTRACK SOLUTIONS CORP Service’s consent.
Entire Agreement. These terms and conditions, together with your Account Activation Form, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof. This agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. JOBTRACK SOLUTIONS CORP Services Inc. reserves the right in its sole discretion to terminate the use of services to a user at any time.
CONFLICT OF DOCUMENTS. If there is a conflict between the provisions of these terms of use and any other documents concerning the work performed, the order of precedence for purposes of resolution shall be: (i) these Terms of Use, (ii) the services contract, (iii) any other document prepared by you and agreed to by JOBTRACK SOLUTIONS CORP Services Inc.
ARBITRATION. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate to the prevailing party all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.