Terms and Conditions
LocalCareers.com provides a Job Board that allows Job
Seekers to post resumes and apply for Jobs, and Employers and Recruiters to
post job postings using the Internet. The following are the terms and
conditions for LocalCareers.com.
1. Content. It is understood by all parties that the content
of the advertising being provided by Client to LocalCareers.com for inclusion
in the Website is the property of the Client, and becomes property of
LocalCareers.com when posting on the website. All content on LocalCareers.com
must conform to LocalCareers.com standards for language, contextual standards,
graphical standards, and promotional standards.
2. Pricing.
a. Website.
Prices listed on the website are current and accurate on the day they are
listed, and can be changed or modified at any time.
b. Written
Proposals. All prices quoted by LocalCareers.com sales staff in a written
proposal will remain in effect for a 30-day period from the date the proposal
is presented.
3. Credit Policy. LocalCareers.com offers credit to all
customers who post jobs with LocalCareers.com. A credit limit may be reduced if
the customer has a poor credit rating, an unreliable payment history with us,
or one or more past due bills. Late payment results in late fees of $10,
finance charges of 1.5% monthly, reduced credit limits, and/or revocation of
credit privileges.
4. Terms.
a. All
billings will be due upon receipt.
b. The entire
amount billed for standard postings is due on the date the related job postings
are activated on the website. A posting may be taken down earlier than the
60-day posting period, however once the posting has “gone live” full payment is
required.
c.
Subscriptions allow for a certain number of postings to be live on the website
at any point in time. Any postings which are not used are non-refundable.
5. Accounting. LocalCareers.com shall provide Client with an
accurate accounting of the number of job postings Client generated in the
Website. LocalCareers.com and Client shall each maintain accurate accounts of
its operations to effectively manage and execute this Agreement and shall, in
the case of any discrepancies, provide a verified statement of operations to
the requesting party within fifteen (15) days following each month. Each party reserves the right, upon reasonable notice and at its own
expense, to audit the books and records of the other party to verify the
accuracy of fees owned pursuant to this Agreement.
6. Intellectual Property. Client acknowledges that
LocalCareers.com is the sole owner of LocalCareers.com trade names, service
marks, and logos (LocalCareers.com Marks). Upon the termination of this
Agreement, all rights of Client to use such LocalCareers.com Marks shall cease
and Client shall immediately terminate all use of such LocalCareers.com Marks.
Client further agrees that other than the limited license to use the LocalCareers.com
Marks, set forth above, no other intellectual property of any kind or nature
has been conveyed in connection with this Agreement. Client agrees and gives
LocalCareers.com the right to utilize Client's trade names, service marks, and
logos (Client Marks) in LocalCareers.com advertising and website. All uses of
Client Marks will be approved by a designated Client contact before public use
of such marks. Upon the termination of this Agreement, all rights of
LocalCareers.com to use such Client Marks shall cease and LocalCareers.com
shall immediately terminate all use of such Client Marks
7. Assignment. Client shall not assign or transfer this
Agreement without the prior written consent of LocalCareers.com, which consent
shall not be unreasonably withheld. LocalCareers.com shall not assign or
transfer this Agreement without the prior written consent of Client, which
consent shall not be unreasonably withheld, unless such transfer is in
connection with the sale of all or substantially all of the assets of
LocalCareers.com, in which case Client's consent is not required.
8. Miscellaneous. This Agreement shall be interpreted
according to
9. Invoicing Procedures. The invoicing of Client is
calculated on a monthly agreement set forth in a written proposal. Keeping job
postings current and up to date is the responsibility of the Client.
10. Program Modifications. Client agrees to accept the Website's
current format and base level of functionality. LocalCareers.com reserves the
right to upgrade and enhance that functionality at its sole discretion.
11. Support LocalCareers.com will consult with the Client
and upon request by Client for a reasonable amount of time by telephone during
normal business hours to assist the Client with the use of product provided by
LocalCareers.com. Normal business hours are defined as Monday through Friday,
8:00 AM to 5:00 PM Arizona Time excluding major
holidays observed by LocalCareers.com.
12. Maintenance of Software and Equipment LocalCareers.com
shall be responsible for the maintenance of the software, servers and other
equipment relating to the Website. LocalCareers.com shall reimburse Client on a
pro-rata basis for any unscheduled downtime of the website in any specific week
if that downtime exceeds 24 hours in that week.
13. Termination. Failure of Client to render any agreed
payment to LocalCareers.com on a timely basis shall entitle LocalCareers.com to
terminate the Agreement with Client upon thirty (30) days notice. Client may
terminate this Agreement within thirty (30) days of written notice if
LocalCareers.com has failed to keep the Website up and running for a period
exceeding 14 days.
14. Privacy Policy. LocalCareers.com's is a division of
Jobing.com and adheres to the privacy policy can be view at
http://www.jobing.com/privacy.asp
15. Indemnity. Definition of "Claim": For purposes
of this Agreement, the term "Claim" shall mean any claim, action, suit,
proceeding or litigation and any loss, deficiency, damages, liabilities, costs
and expenses including, without limitation, reasonable attorneys' fees and all
related costs and expenses, to be paid to a third party or otherwise incurred
in connection with the defense of any claim, action, suit, proceeding or
litigation involving a third party. Client shall indemnify and hold
LocalCareers.com and its affiliates, as well as each of their respective
officers, directors and employees and customers, harmless from and against any
and all Claims brought against Client. Client shall assume defense of such
Claim at its own expense and with counsel of its own choosing. LocalCareers.com
shall be entitled to participate in any such action or proceeding at its own expense
with counsel of its own choosing. If LocalCareers.com participates in such
action or proceeding, LocalCareers.com shall control the defense of any action
against LocalCareers.com including, but not limited to, whether or not to
settle any Claim and/or the terms of any proposed settlement.
16. Limitation of Liability. LocalCareers.com makes no
warranties, claims, or promises in regards to the fitness or suitability of its
program(s) for use by Client. All programs are accepted on an as is basis. LocalCareers.com
makes no claims or guarantees as to the ability of the program(s) to produce
any employees for Client. LocalCareers.com's
liability shall be limited to no more than the price paid for the product minus
any expenses LocalCareers.com has incurred for maintaining the program(s). In
no event shall LocalCareers.com be liable to Client, or any other third party,
for any direct, or indirect, special incidental or consequential damages
resulting from performance or failure to perform under this agreement other
than those conditions as set forth in item 10. Maintenance of
Software and Equipment.
17. Amendment. LocalCareers.com may, at its sole discretion,
change, modify, add, or remove portions of these Terms, and Job Board provided
hereunder, at any time. LocalCareers.com will notify users of any such changes
by posting notice of such changes on its web site or by sending notice via
email to user. User's continued use of Job Board following posting of such
change shall be deemed to be User's acceptance of any such modification. This
Agreement may not be modified in any way except in writing by both parties or
as described in this section.
18. Severability. In the event that any portion of this
Agreement is held to be unenforceable, the unenforceable portion shall be
construed in accordance with applicable law as nearly as possible to reflect
the original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
19. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. LocalCareers.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between Client and LocalCareers.com nor trade practice shall act to modify any provision of this Agreement. Client understands that he or she represents his or her organization when agreeing to the terms of this Agreement.