TERMS OF SERVICE AGREEMENT (Candidate Seeker Customer Agreement) PLEASE READ THE TERMS OF SERVICE AGREEMENT BELOW CAREFULLY BEFORE USING THE SERVICES OF CANDIDATE SEEKER. BY SUBMITTING A JOB OPPORTUNITY NOTIFICATION OR OTHER ADVERTISEMENT TO CANDIDATE SEEKER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BECOME BOUND BY ITS TERMS AND CONDITIONS. Select the "print" option on your browser to print the terms of service agreement below.
TERMS OF SERVICE AGREEMENT If you entered company information to register yourself or your organization as a Candidate Seeker customer or if you submit advertising copy for the purpose of sending job opportunity notices using Candidate Seeker's services then, you are considered, for the purposes of this agreement, the "Customer Company Contact". Customer Company Contact represents that s/he is authorized to make purchases for his/her company/organization and more specifically to hire Candidate Seeker to send "Job Opportunity" notifications to prospective candidates via electronic mail and is authorized to enter into this agreement for the company/organization listed in the "Company Name" field of the customer entry form and/or advertisements submitted by Customer Company Contact to Candidate Seeker. Customer Company Contact individually and on behalf of his/her organization acknowledges that Candidate Seeker does not necessarily review and/or screen advertising copy for accuracy, presentation quality, omissions, purpose, implication, intent, etc. and is in no way responsible for the results of any messages sent on behalf of Customer Company Contact or his/her company/organization. Candidate Seeker does not knowingly accept notifications that discriminate based on permanent disability, race, ethnicity, religion, national origin, age or any other factor that is not a bona-fide job requirement. Customer Company Contact and his/her company/organization shall indemnify Candidate Seeker and its employees in any situation that may result from advertising copy that violates local, state and/or federal laws regarding the discrimination of job candidates or otherwise or in any way damages any person or other entity. Customer Company Contact individually and on behalf of his/her company/organization acknowledge their understanding and acceptance of the following: 1. Candidate Seeker will be required, from time to time, to update procedures and methods. No agreement made by Candidate Seeker is a promise to continue service for any period of time. 2. Candidate Seeker does not accept advertising that sells services or products and will not accept advertising that may require a job candidate or other prospect to pay a fee of any kind. Customer Company Contact individually and on behalf of his/her company/organization represents that they will not charge any prospects targeted by Candidate Seeker for any products or services related to the subject of the notification. 3. Candidate Seeker maintains a "Remove List" which contains email addresses that in Candidate Seeker's opinion should not receive Candidate Seeker generated messages. Customer Company Contact individually and on behalf of his/her company/organization agrees to abide by Candidate Seeker Remove List Procedures and will not attempt to circumvent procedures, as they may exist from time to time, designed to prevent mailing to addresses on the "Remove List". 4. Every Candidate Seeker customer is assigned a Candidate Seeker domain specific email address. No other email address is permitted in any part of the email notifications sent via Candidate Seeker. Replies to Candidate Seeker notifications are received by Candidate Seeker's server and sorted by proprietary software which reads every message and automatically sorts them based on filters preprogrammed by Candidate Seeker. The email "From:" addresses of replies requesting removal from future mailings are logged into our "remove" database and the messages are not forwarded to customers. Messages typically classified as "thanks, but no thanks" are typically not forwarded to customers. Messages containing sexually oriented material, profanity and other undesirable content are typically not forwarded to customers. While Candidate Seeker is continually improving its methods to screen replies, in some cases, undesirable mail does pass through the filtering mechanism. Candidate Seeker automatically reads and filters reply messages for information that enhances and expands the development and accuracy of its filtering mechanisms, Remove List, and database with no consequential obligation nor inconsequential obligation to any party or parties. Candidate Seeker will forward filtered desirable email responses to the email address entered into the email field of the customer's record. 6. No mail shall be sent to email addresses or domains listed in Candidate Seeker's "REMOVE" database. 7. All notifications sent via Candidate Seeker will contain the name of a customer company contact, customer company name and a Candidate Seeker domain assigned email address. 8. Job Notification requests may be submitted via fax (609-584-9575) in typed format, via email as text or MSWord attachment or by use of the web site form located at http://www.candidateseeker.com 9. Payment for a Job Notice placed with CandidateSeeker.com shall be due within 15 days of its submission. 10. A late payment charge of 1.5 percent will be added each month to the total unpaid account balance at the end of the preceding month for any charges that remain unpaid past 45 days of any Job Notice submissions. 11. If Candidate Seeker, Inc. takes any action to collect any amounts not paid when due, the Customer shall be liable for all costs of collection including reasonable attorney’s fees and that for any legal purpose this document is considered signed and executed in New Jersey. Customer Company Contact individually and on behalf of his/her company/organization agrees that Candidate Seeker shall not be responsible for nor party to any employment agency placement fee agreements or similar fee arrangements that might exist between any users of Candidate Seekers services and/or job candidate prospects that might be contacted via Candidate Seeker services. Customer Company Contact individually and on behalf of his/her company/organization acknowledges and agrees to pay Candidate Seeker within fifteen days of each Job Notification Mailing in accordance with Candidate Seeker's fee schedule as it is posted on its Web Site at www.candidateseeker.com at the time of mailing or as otherwise agreed to in writing. Customer Company Contact individually and on behalf of his/her company/organization acknowledges and agrees that in no event shall Candidate Seeker or any other supplier or any other person involved in the creation of its systems or execution of operation be liable to Customer Company Contact or his/her company/organization or any other party on account of any claim for any special exemplary or punitive damages, including any profits, lost savings, business interruption, loss of business or personal information or any other incidental or consequential damages arising out of the use, the inability to use, quality, or performance of Candidate Seeker or its employees or its software or its documentation, even if Candidate Seeker, or an authorized representative of Candidate Seeker, has been advised of the possibilities of such damage. Customer Company Contact individually and on behalf of his/her company/organization acknowledges and agrees that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey. Customer Company Contact individually and on behalf of his/her company/organization acknowledges and agrees that the invalidity of one or more phrases, sentences, clauses, sections or paragraphs contained in this agreement shall not affect the remaining portions so long as the material purposes of this agreement can be determined and effectuated. |