HireClick Services Terms and Conditions
Last updated September 16, 2024
These HireClick Services Terms (these “HireClick Terms”), together with the Terms of Service Agreement available at https://asuresoftware.com/about/terms (the “Universal Terms” and, together with these HireClick Terms, the “HireClick Agreement”), set forth the terms and conditions under which Asure Customer & IP HoldCo LLC (including any applicable affiliate, “Provider”) agrees to provide to User certain HireClick services and other related services as set forth on the applicable Sales Order (the “HireClick Services”).
These HireClick Terms are “Service Terms” under the Universal Terms. Capitalized terms used but not otherwise defined in these HireClick Terms shall have the meanings ascribed to such terms in the Universal Terms. The HireClick Agreement is a legally binding agreement between User and Provider. User is encouraged to read the HireClick Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these HireClick Terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the HireClick Agreement, and User’s agreement to these terms will also be treated as the agreement of such business or individual. In that event, “User” (as defined in the Universal Terms) also refers to that business or individual. By (i) executing the applicable Sales Order for HireClick Services, or (ii) accessing or using the HireClick Services, User accepts the HireClick Agreement, and User agrees, effective as of the date of such action, to be bound by the HireClick Agreement.
- HireClick Terms Governed by Universal Terms.
The terms and conditions of the Universal Terms agreed to in connection with the execution of the Sales Order, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Services, are incorporated herein by reference, and User acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Universal Terms shall remain in full force and effect to the full extent provided therein.
If the terms and conditions of these HireClick Terms conflict with the terms and conditions of the Universal Terms or any other Service Terms, the terms and conditions of these HireClick Terms shall control with respect to the provision of the HireClick Services.
THE UNIVERSAL TERMS, AVAILABLE AT WWW.ASURESOFTWARE.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF PROVIDER’S LIABILITY, PROVIDER’S WARRANTY DISCLAIMERS, USER’S INDEMNIFICATION OBLIGATIONS, USER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE HireClick AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.
- HireClick Services.
Provided that User meets User’s payment obligations and complies with the terms of the HireClick Agreement, then as long as User is subscribed to the HireClick Services, Provider will provide User with the HireClick Services for the purposes of allowing employers to (i) post job listings and advertisements that automatically distribute to various job board partners, (ii) view, manage, and rate applications from potential candidates, and (iii) perform general recruiting and application management functions. In performing the HireClick Services, including for each of the foregoing purposes, Provider will rely on the information furnished by User, the Authorized Users or any authorized representatives, and Provider is not responsible or liable for any errors resulting from such reliance, as further described in Section 12 (Warranties and Limitations of Liability) of the Universal Terms. User may not use the HireClick Services on a professional basis for anyone other than User.
- Credit Card Approval.
Fees for the HireClick Services will be billed through a third-party processor. User hereby authorizes Provider, through a third-party processor, to charge the Fees. We may increase the Fees and bill the credit card or other payment method on file for such increased Fees upon thirty (30) days prior notice. Any increase in Fees will become effective at the beginning of the next Renewal Term so long as you do not opt to terminate the Agreement.
- Electronic Messages.
By accessing the Site, signing up for Services, creating an account, providing any data via electronic forms or indicating acceptance or submission of information by clicking a box, User consents to (i) Provider sending electronic communications; (ii) receiving all applications, notices, disclosures, and authorizations from Provider (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. User agrees that any notices, agreements, disclosures, or other communications that Provider sends electronically will satisfy any and all legal communication requirements, including that such communications be in writing.
- User Obligations.
User must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with Provider. User agrees to be responsible for keeping its own Records.
User accepts sole responsibility for all of User’s activities related to the Services. User is solely responsible for the content and information posted or uploaded by User, including feedback or questions, and for complying with all applicable legal and regulatory requirements. User is solely responsible for ensuring that all candidate selections, interviews, screening, hiring, and employment decisions comply with applicable law.
- Site Restrictions.
Unauthorized use of the Site, Services or anything else provided by Provider, including but not limited to unauthorized entry into Provider’s systems or misuse of any information posted on the Services, is strictly prohibited. User may not use the Services or upload, post, or otherwise communicate via the Services in a manner that: (a) harasses, offends, abuses, stalks, threatens, intimidates, defames, or otherwise infringes or violates the rights of any party (including but not limited to intellectual property rights and privacy, publicity, or other proprietary rights); (b) is or advocates or encourages or constitutes an attempt to engage in unlawful, fraudulent, deceptive, inaccurate, incomplete, violent, vulgar, obscene, pornographic, profane, or racially offensive activities or the discussion of any of the aforementioned; (c) interferes with any other person’s use of the Services, including, without limitation, by disrupting, spamming, trolling, flooding (as those terms are commonly understood and used on the internet) or otherwise using antisocial, destructive, or abusive tactics to deter others from using the Services or any of its features; (d) uses technology or other means to access content or systems of Provider in a manner that is not authorized by Provider; (e) uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Provider’s express prior written consent; (f) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Provider; (g) uses tools which hack or alter the Site or the Services, or that allow User to connect to the Site’s or the Services’ private binary interface; (h) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (i) attempts to gain unauthorized access to Provider’s computer network or user accounts; (j) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (k) violates the Agreement, any specific restrictions applicable to the Site or the Services, including age restrictions and procedures, or any other Provider policies; or (l) creates multiple accounts for the purpose of sale or transfer to others, transfer User’s account to others, park User’s account or those of others, or use another person’s account with Provider.
- Materials.
User has a non-exclusive, non-transferrable, non-sublicensable right and license to use the Services. If User downloads, accesses or use any Provider materials, User agrees that such materials: (i) may only be used for User’s personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Provider’s prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.
- User Content.
By submitting any data or content (“User Content”) to the Site or via Services, User grants Provider a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to User or to any third parties. User acknowledges and agrees that this license includes the right to reproduce User Content, including any personal information or User’s likeness, for marketing and advertising purposes.
User acknowledges and agrees that Provider may monitor or review any User Content. Provider reserves the right to remove any such User Content, in whole or in part, at Provider’s sole discretion, that violates this Agreement, is likely to harm Provider’s reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. Provider reserves the right to deactivate User’s account or otherwise prevent User’s access to the Services at any time and for any reason.
User Content shall be considered non-confidential and Provider is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, Provider reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such User Content. Provider is under no obligation to edit, delete or otherwise modify User Content once it has been submitted. We shall have no duty to attribute authorship of User Content to User and shall not be obligated to enforce any form of attribution by third parties.
Provider does not make any representations, warranties or guarantees that: (i) the Site, the Services, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); or (ii) apparent statements of fact will be authenticated. Provider does not pre-screen any communications, content or other materials that are posted, uploaded, transmitted, sent or otherwise made available on the Site or through the Services, so User may be exposed to certain communications, content or other materials that are opinionated, offensive, inappropriate, and/or violate this Agreement.
- Termination Fee.
Notwithstanding anything to the contrary set forth in the Universal Terms or the Sales Order, Provider offers User the ability to exit any term length agreement by paying $299 to Provider. This Agreement shall be terminated upon Provider’s receipt of such payment.