Terms of Service
Customer acknowledges and agrees that the following Terms of Service, shall govern Customer’s access to and use of the Service. Capitalized terms that are not defined in these Terms of Service will have the meaning given to them in the text of the Agreement. Unless Recruitd explicitly states otherwise, any new features that augment or enhance the Service and/or any new service(s) subsequently purchased by Customer will be subject to the Agreement.
Customer is responsible for providing all equipment necessary to make (and maintain) a connection to the world-wide web. Customer understands that DSL, cable, fiber optic, or other high speed internet connection is required for proper performance of the Service.
Passwords and Access
Customer shall be responsible for all activities that occur under Customer’s User accounts. Customer is responsible to maintain the security and confidentiality of all User usernames and passwords. Recruitd is entitled to treat all communications that are identified by means of such usernames and passwords as authorized by Customer. Customer shall notify Recruitd immediately of any unauthorized use of any Service username or password or account or any other known or suspected breach of security.
Information Required from Customers
Customer shall provide Recruitd with complete and accurate billing and contact information as Recruitd may reasonably require by email or written notice. This information shall include Customer’s legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact, as well as the name, user name and password of the designated Support Contact(s) and the designated Account Contact. Customer agrees to update this information promptly by means of email to firstname.lastname@example.org, and in any case within thirty (30) days, if there is any change. Recruitd may act and rely on all information and instructions provided to Recruitd from the designated Account Contact or Support Contact.
Third Party Software
Customer agrees to use third party software necessary for accessing the Service, including but not limited to “browser” software that supports a data security protocol compatible with the protocol used by Recruitd and is otherwise compatible with the Service. Until notified otherwise by Recruitd, Customer agrees to use Recruitd-specified browser software that supports the Secure Socket Layer (SSL) protocol and to follow logon procedures for services that support such products. Customer agrees that Recruitd is not responsible for notifying Customer of any errors in or updates, enhancements or fixes to any such software.
Third Party Providers
Certain third party providers, some of which may be listed on Recruitd’s web site, offer products and services related to the Service, including implementation, customization and other consulting services related to customers’ use of the Service and applications (both offline and online) or services that work in conjunction with the Service, such as by exchanging data with the Service or offering additional functionality within the user interface of the Service through the use of Recruitd’s application programming interface. Recruitd does not warrant any such third party providers or any of their products and services, whether or not such products or services are designated by Recruitd as “certified”, “validated” or the like. Any exchange of data or other interaction between Customer and a third party provider, and any purchase by Customer of any product or service offered by such third party provider is solely between Customer and such third party provider.
In addition, from time to time and separately to those providers referred to above, certain additional functionality that integrates with Service (but is not defined as part of the Service) may be offered by Recruitd to Customer, for an additional fee, on a pass-through or OEM basis pursuant to terms specified by the third party licensor and agreed to by Customer in connection with a separate purchase by Customer of such additional functionality. Customer’s use of any such additional functionality shall be governed by such terms or by other applicable terms and conditions which shall prevail in the event of any conflict or inconsistency with the terms of the Agreement. Accordingly Customer agrees to comply with the said terms and conditions (and agrees to abide by any restrictions contained therein) and agrees that it shall not by its acts or omissions cause a breach of the same.
Links/Third Party Data
The Service may provide, or third parties may provide, links to other world wide web or mobile sites or resources. Because Recruitd has no control over such sites and resources, Customer agrees that Recruitd is not responsible for the availability of such external sites or resources, and does not endorse and is not liable for any content, advertising, products or other materials on or available from such sites or resources. In addition, Customer agrees that Recruitd is not responsible for any and all third party information that may be provided to Customer through the Service (e.g., through the integration of the Service with a third party online application or service).
Transmission of Data
Customer understands that electronic communication is necessary for Customer’s use of the Service. Customer consents to Recruitd’s receipt and storage of electronic communications and/or Customer Data and Customer acknowledges that Customer’s electronic communications will involve transmission over the internet and over various other networks that are not owned or operated by Recruitd. Customer agrees that Recruitd is not responsible for any electronic communications or Customer Data which are delayed, lost altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned or operated by Recruitd, including, without limitation, the internet.
Recruitd shall reasonably assist Customer to promote Customer’s successful utilization of the Service by providing Customer with user guides and on-line help, as well as optional training classes in respect of which additional charges may apply. Notwithstanding the foregoing, Customer acknowledges and agrees that it has responsibility for the adoption of the Service by its Users, and Recruitd shall not have overall responsibility for user adoption strategy.
Recruitd reserves the right to communicate information to and solicit feedback from Customer and Users from time to time. Recruitd shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, know- how or other feedback provided by Customer or its Users relating to the operation of the Service.
Certain User Contact Information
Recruitd reserves the right to use commercially reasonable means to contact Users of its service for the purpose of marketing or promoting Recruitd’s offerings of services and products. For this purpose, Recruitd may, during the Term, solicit contact information from Users (such as name, phone, email and address information) and may retain such information during and after the Term.
No Submission of Objectionable Matter
Customer shall not submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter”). Customer will be responsible to ensure that its Users do not submit any Objectionable Matter and will be responsible for actions of its Users. In addition, Recruitd may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on the Recruitd website; Customer and Customer’s Users will be bound by any such rules. Customer and Customer’s Users will comply with all applicable laws regarding Customer Data, use of the Service and the Content, including laws involving private data and any applicable export controls. Recruitd reserves the right to remove any Customer Data that constitutes Objectionable Matter or violates any Recruitd rules regarding appropriate use, but is not obligated to do so. Recruitd reserves the right to remove any Personal Data of an individual upon request from such individual.
Customer shall not use the Service to send Unsolicited Commercial Email (“UCE”) to any person. For purposes of the Agreement, UCE includes any email or other electronic communication that is sent by or at the request of Customer to a person with whom Customer has no prior business relationship or who has not consented to receiving the communication, and any other email transmission that violates any law prohibiting the transmission of spam or unsolicited communications. Without limiting the foregoing restrictions regarding UCE, Customer shall not (a) do anything that has the effect of concealing the identity of Customer or any User sending the email; (b) send or cause to be sent any UCE to a person unless such communication also provides the recipient with a visible and user friendly means of opting out of future communications; or (c) engage in any activity which is reasonably likely to lead to complaints of UCE. Customer agrees to ensure that its Users do not violate the foregoing UCE restrictions. No later than fourteen (14) days after receiving a request from Recruitd, Customer shall provide Recruitd with the names and contact details of a primary and backup contact who will be responsible for responding to any complaints of UCE. Recruitd will promptly notify Customer of any complaint that Recruitd receives from a third party concerning alleged transmission of UCE by Customer. Customer shall investigate the compliant and notify Recruitd within one business day (or such further period as may be agreed in writing by the parties) of action that Customer has taken in response to the complaint. If the complaint has not been resolved, Customer will provide Recruitd with written updates of the status of the complaint at such reasonable intervals as may be requested by Recruitd. Recruitd reserves the right to remove and/or terminate any transmission of UCE by Customer or its Users; however Recruitd has no obligation to do so.
Ownership and Usage Rights
- Recruitd Ownership
Recruitd and its suppliers retain all rights (including all and any intellectual property rights subsisting anywhere in the world) in the Service, Content, deliverables, work and the services otherwise delivered under the terms of this Agreement. Customer shall not acquire any right title or interest in the same except as stated herein. The Agreement grants no ownership rights to Customer. No license is granted to Customer except as required to access and use the Service and deliverables as expressly stated in the Agreement or as otherwise required to receive the Services referred to herein during the term of this Agreement. The said licensee to use deliverables as aforesaid is a term, non-exclusive, non-transferable, non-sublicensable, and revocable license. The Recruitd name, the Recruitd logo, and the product names, service names, and branding associated with the Service are trademarks of Recruitd or third parties, and they may not be used without Recruitd’s prior written consent.
- Limited License to Customer Data
Subject to the terms and conditions of the Agreement, Customer grants to Recruitd and its affiliates a non- exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonable to provide and maintain the Service for Customer’s use.
- Recruitd Ownership
Modification or Discontinuation of Service
Recruitd reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any feature or part thereof). In the event that Recruitd modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, Recruitd, at Customer’s request, shall use its reasonable endeavors to substantially restore such functionality to Customer. In the event that Recruitd is unable to substantially restore such functionality with reasonable effort, Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for the terminated portion of the Term, to the extent that Customer has paid license fees in advance. Customer acknowledges that Recruitd reserves the right to discontinue offering the Service at the conclusion of Customer’s then-current Term. Customer agrees that Recruitd shall not be liable to Customer nor to any third party for any modification of the Service as described in this Section.