Terms and Condition
Terms of Service Overview
Please read these Terms of Use (“Terms”) carefully as they apply to your access to and use of the website located at www.EZhire.agency and all associated web pages, websites or other pages (“Sites”) and any application, software, product, program widget, or short-code campaign, or other online or mobile resource or any content therein in any of the foregoing, in each case, that links to or references these Terms (collectively, “Services”) provided by EZhire, Inc, its subsidiaries and affiliates (each “EZhire”, “we”, “us” or “our”.)
We reserve the right to modify these Terms from time to time at our sole discretion and without notice. Changes to our Terms become effective on the date they are posted. Material changes will be posted to the Site or otherwise communicated to you. Your continued use of any portion of the Services after any changes to the Terms have been posted will, on its own, signify your agreement to be bound by them. It is your responsibility to check these Terms periodically for changes.
We may supply different or additional terms, conditions, guidelines, policies, or rules in relation to some of our Services made available on or through Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services and are hereby incorporated herein, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
To use certain features of the Service, you may be required to provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you. By using our Services, you agree that we may use your Personal Information in accordance with our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy does not constitute Supplemental Terms.
BELOW CONTAINS A BINDING ARBITRATION AGREEMENT. BY USING OUR SERVICES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EZhire WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION. YOU FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, AND YOUR RIGHTS TO A JURY TRIAL.
Acceptance
It is not necessary for any Client or User to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts and/or subscribes, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Fees and Payment
Fees and Payment of Fees. Fees and Payment of Fees: All monthly service fees are due on the first of each calendar month or quarterly if on an annual subscription. Payment are due immediately upon purchase. Credit Card processing for regular monthly service fees will be done on or around the first of each calendar month. Quarterly payments will be done on or around the first of each quarter due. If any attempt to collect payment is unsuccessful, subsequent attempts will be made on or around the 5th, 10th and 15th day of calendar month. All accounts are subject to state and local taxes (if applicable), a Premium Service Access Fee equal to three percent (3%) of the subscription fee will be charge in addition to the subscription fee. EZhire reserves the right to charge a $10.00 administrative fee against the credit card account for each failed attempt to process payment via credit card or e‐check.
Services
These Terms and Conditions, together with the Disclaimers listed below, govern EZhire’s performance of the services set forth on the subscription accepted by the Client. All defined terms herein shall have the meanings ascribed to them in the Subscription, except as expressly defined herein.
Payment
BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you deliberately or inadvertently issue a chargeback to your credit card, you shall pay EZhire a $50 processing and collection fee. Any Service Fees that are more than sixty (60) days delinquent shall accrue interest at a rate of 1.5% per month, or the maximum rate allowed by law, if less. Additionally, EZhire reserves the right to send any delinquent Service Fees to a collection agency.
In the event EZhire is required to investigate, review, or institute any action including, but not limited to, litigation in collection efforts at trial or appellate proceedings, EZhire shall be entitled to recover its attorneys’ fees and costs expended, in addition to any other remedies.
Term
If Client wants to terminate the Agreement immediately, EZhire will charge an early cancellation fee, not less than 50% of the total monthly fees, in addition to any other remedy available to EZhire in law and equity. In the event that either party terminates the Agreement before the end of the Term, Client agrees to pay all fees due to EZhire through the date of termination within five (5) days after the date of termination.
Exclusivity
EZhire does not extend exclusivity to Clients for EZhire’s services. The Client acknowledges and agrees that EZhire is free to provide its services to any customer without limitation, regardless of whether any other such customer is competitive with the Client.
Representations & Warranties
a. By Client. Client represents, warrants, covenants and agrees that: (1) Client is duly organized, validly existing and in good standing, and is duly qualified and licensed to do business and to carry out its obligations under its Agreement, and that the execution, delivery and performance of its Agreement does not violate any existing agreement to which Client is a party or by which Client is bound; (2) Client is the owner, or authorized licensee of, and has and shall have all right, title and interest in and to Client’s content; (3) all content on Client’s website or otherwise provided or made available to EZhire in connection with the performance of its Agreement (“Client Content”) does not infringe or misappropriate any patent, trademark, copyright, trade secret or other proprietary right of any third party; (4) Client has obtained all authorizations and consents in connection with the Client Content necessary for EZhire to perform its obligations and exercise its rights hereunder; (5) Client’s use of the Services is in compliance with all laws, rules and regulations, including all privacy and marketing laws, rules, and regulations including the Telephone Consumer Protection Act; and (6) Client’s use of the Services will not, infringe any trade name, trademark, trade secret, copyright or other rights of any third party.
b. By EZhire. EZhire represents, warrants, covenants and agrees that: (1) it is duly organized, validly existing and in good standing, and is duly qualified and licensed to do business and to carry out its obligations under the Agreement, and that the execution, delivery and performance of the Agreement does not violate any existing agreement to which it is a party or by which it is bound; (2) EZhire will provide the Services in compliance with all laws, rules and regulations, and such Services do not, and will not, infringe any trade name, trademark, trade secret, copyright or other rights of any third party. EZhire’s failure to perform any term or condition of the Agreement as a result of conditions beyond its reasonable control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, or damage or destruction (unless caused by EZhire) of any computer hardware, network facilities or servers, shall not be deemed a breach of the Agreement.
Copyright Policy
We respect the intellectual property of others and asks that you do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is: Legal Department
Designated Agent: EZhire
Address of Agent: 2100 Southview Drive
Lexington, KY 40503
Telephone: [859] 523-9032
Email: info@EZhire.agency
Only notices pursuant to this Section and notices relating to complaints in connection with user content should go to the Copyright Agent.
SMS MESSAGING
You may choose to use our Services to communicate with us or one of our clients or service partners, as applicable or to engage in another Service, via SMS technology. You may opt-in to communicate via SMS and/or MMS 5 digit short-code, and send and receive messages as described below.
When you agree to opt into our short code messaging service, we will send you an SMS message to confirm your signup and application.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, please reach out to the HR manager of the position for which you would like to receive text messages again.
If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
SMS messaging is not available on all carriers and carrier participation could change. As of date of these Terms, our text messages can be sent through most carriers. If you have questions about your carrier please contact them directly. The content is not compatible with all mobile device models. The list of participating carriers may be changed or updated at our sole discretion without prior notice. Neither EZhire nor the Carriers will be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. Neither Carriers nor EZhire are liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary based on the Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to info@EZhire.agency .
Disclaimers
Client acknowledges and agrees that the Services provided under the Agreement are expressly subject to, and limited by, the disclaimers set forth below, attached hereto and incorporated herein by reference, and that EZhire shall have no liability for any and all losses, liabilities, claims, costs, damages, and expenses that Client may incur as a result of any circumstances described in the Disclaimers, or any other acts of third parties. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EZHIRE HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.
Limitation of Liabilities and Remedy
Customer agrees that your sole remedy against the EZhire parties for use of the services is to stop using the same. Notwithstanding the foregoing, if EZhire is found to be liable to you for any direct damage or loss which is in any way connected with your use of the, services, EZhire’s liability shall not exceed $100.00 united states dollars (usd). The foregoing limitations apply even if any available remedy should fail of its essential purpose. the aggregate liability of EZhire and its members, officers, employees and agents to Client for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to the Agreement. In no event shall EZhire or its members, officers, employees, or agents be liable to Client or to Client’s stockholders, members, partners, directors, officers, employees or agents for any loss or corruption of data or any consequential, exemplary, special, indirect, incidental or punitive damages, including, without limitation, arising from lost profits, lost business, unavailability or performance of the Services, or opportunity costs.
Indemnification
Each party agrees to indemnify and hold harmless the other party and its stockholders, members, partners, directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against, and will promptly pay upon demand to the Indemnified Party, the amount of, any and all losses, liabilities, claims, costs (including, without limitation, costs of investigation and defense), damages, and expenses (including, without limitation, reasonable attorney’s fees) which an Indemnified Party may sustain resulting from, arising out of, relating to or caused by (a) any breach, or any action, claim, or demand alleging a breach, by party providing indemnification hereunder (the “Indemnifying Party”) of any covenant or other agreement contained in this Agreement and (b) any breach, or any action, claim, or demand alleging a breach, of any representation or warranty made by the Indemnifying Party in the Agreement. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to any Indemnified Party.
Notices
a.Notices. All notices, requests, consents, demands or other communications given under the Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) three days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; or (d) upon actual delivery followed by the sending of an acknowledgment of receipt if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of the Agreement). All notices, requests, consents, demands and other communications shall be addressed to the addresses set forth below (which addresses may be changed from time to time by either party by providing prior written notice to the other in the manner set forth above):
If to Client, to the name and contact information set forth on the Subscription or otherwise provided to EZhire by Client. If to EZhire:
EZhire, LLC
Attn: Kyle Harris
2100 Southview Drive
Lexington, KY 40503
(859) 523-9032 ext. 154
kharris@EZhire.agency
b. Confidential Information. “Confidential Information” means the trade secrets and other confidential information of Client which is not generally known to the public, or which is generated or collected by or utilized in the operations of the Client and other information that, due to the nature of the information or circumstances of disclosure, a party would understand it to be confidential information. EZhire shall take commercially reasonable efforts to protect Client’s Confidential Information and shall not, except as reasonably necessary to provide the services or as required by statute, regulation, or any legal process, disclose any of Client’s Confidential Information related to this Agreement, without the express prior written consent of an authorized representative of Client.
c. Severability. If any provision of the Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention in accordance with applicable law and the remainder of the Agreement shall remain in full force.
d. Waiver. The failure of a party to enforce any provision of the Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with that provision or any other provision of the Agreement.
e. Applicable Law and Forum. All questions concerning the construction, validity, and interpretation of the Agreement and the performance of the obligations imposed by the Agreement shall be governed by the laws of the Delaware, without regard to its conflicts of law provisions. Any suit, action or proceeding against either party to the Agreement brought by the other party with regard to the Agreement, or the rights and obligations of the parties under the Agreement, shall be brought in the courts located in Dover County, Delaware. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, each of Client and EZhire irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
f. Parties in Interest. The Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to the Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of the Agreement or of any rights or obligations hereunder (by operation of law or otherwise) may be made by Client without the prior written consent of EZhire. EZhire shall have the right to subcontract the performance of any of the Services hereunder to third parties.
g. Headings. The headings and other captions in the Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of the Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
h. Agreement Supersedes. The Agreement supersedes any prior written or oral discussions, agreements and/or undertakings of any kind and nature between the parties with respect to the subject matter of the Agreement. Except as provided or contemplated by the Agreement, the Agreement shall not be amended except by a writing signed by both parties. The recitals to the Agreement are deemed a part of and are incorporated by reference into the Agreement.
i. General Provisions. The parties to the Agreement are independent contractors and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from the Agreement, and neither party has the right or authority to act for, or on behalf of, the other party. The provisions of the Agreement are not for the benefit of any third party. Provisions of the Agreement that are intended to survive the Agreement shall survive.
j. WAIVER OF JURY TRIAL. THE PARTIES HEREBY ACKNOWLEDGE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
k. Order of Precedence. In the event of a conflict between these Terms and Conditions, the Subscription, and any Service Description, the following is the order of precedence: (1) Subscription; (2) Terms and Conditions; and (3) Service Descriptions.
Use of Information
You agree that EZhire is free to use comments, information or ideas contained in any communication you may send to EZhire without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the EZhire Service or other products or services. You agree that EZhire is permitted to use your logo on its platform sites and or marketing material as an indication that your company or organization uses the EZhire service. You agree that all databases are the property of EZhire and therefore may not be removed, copied, exported, or altered. You may not make or distribute any copy of the database (electronically or otherwise), from one computer/system/device to another or from one system to another (over a network or otherwise).
Ownership
EZhire retains all rights, including any intellectual property rights, to the creative/artistic parts of any Certificates it creates for Merchant, except for the Merchant Marks. Merchant acknowledges and agrees that it may not use EZhire’s content in any other advertising medium without EZhire’s written consent.
Force Majeure
EZhire shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of EZhire. In addition, EZhire shall be so excused in the event it is unable to acquire from its usual sources and on terms it deems to be reasonable, any material necessary for the performance of Services.
Indemnification
Merchant and EZhire agree to indemnify and hold each other harmless from any breach of their respective obligations, representations, and warranties under this Agreement.
Termination
If Client wants to terminate the Agreement immediately, EZhire will charge an early cancellation fee, not less than 50% of the total monthly fees, in addition to any other remedy available to EZhire in law and equity. In the event that either party terminates the Agreement before the end of the Term, Client agrees to pay all fees due to EZhire through the date of termination within five (5) days after the date of termination.
Subject to prior agreement in writing this Agreement shall be renewed automatically, after expiration of the original term, on a continuing Quarterly basis, unless the Party wishing not to renew this Agreement provides the other Party with written notice of its election not to renew (“Termination Election Notice”) at least thirty (30) days prior to expiration of the then-current Term.
The provisions contained herein shall survive termination of this Agreement. Upon Service termination your right to use the Service stops immediately. ONCE THE SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON THE PORTAL AND/OR THE SERVICE MAY NOT BE RETRIEVED LATER. MONTH TO MONTH SERVICE AGREEMENTS MUST HAVE A TEN (10) DAY NOTICE OF TERMINATION. EZhire reserves the right to terminate this Agreement and your use of the Portal and Service at any time. In no event shall EZhire be obligated to refund to you the reasonable value of any unused text credits previously purchased by you, the client.
Dispute Resolution and Arbitration
The parties agrees that any dispute, claim, or controversy arising out of or relating in any way to this Agreement, the Certificates, and this Arbitration Provision (collectively “Disputes”), shall be determined by binding arbitration, instead of in courts of general jurisdiction (meaning that the parties are waiving their right to a jury trial or trial before a judge in a public court), except that either party may seek injunctive or declaratory relief in a court of competent jurisdiction located in the County of Dover, Delaware. The parties agree that, by agreeing to this Arbitration Provision, the U.S. Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision, and that each party is waiving the right to a trial by jury or to participate in a class action. This Arbitration Provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). All issues are for the arbitrator to decide, including issues relating to the scope, interpretation, and enforceability of this Arbitration Provision. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The arbitration shall take place before a single neutral arbitrator in Lexington, Kentucky. THE PARTIES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims with that party’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Provision shall be null and void.
Miscellaneous
Any advertising under this Agreement shall not fulfill any advertising commitments under any other agreement between the parties. This Agreement shall be governed by the laws of the State of Delaware without giving effect to any choice-of-law or conflict-of-law rules (whether of the state of Delaware or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the state of Delaware. All representations, warranties, and covenants (including, but not limited to the indemnification obligations) contained in this Agreement shall survive termination of this Agreement.
Enforceability
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. EZhire’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 conduct between the parties nor trade practices shall act to modify any provision of this Agreement. You acknowledge that EZhire and you are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship. EZhire may assign its rights and duties under this Agreement to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. You may not amend this Agreement in any manner without EZhire’s express prior written approval.
Contact Us
If you have any questions about this Agreement, the content on EZhire.com and/or use of the EZhire Service, please contact us at: 844-523-9487.
