Terms and Conditions
Last Modified: June 03, 2020
DigitalHire, its employees, agents and affiliates (collectively “Company”) offers full life cycle employment recruitment services including advertisement, interview scheduling, screening, assessment, candidate recommendation, hiring and interview video services (the Services”) on the websites www.digitalhire.com and app.digitalhire.com (the “Website,”).
We reserve the right to modify this Agreement at any time without advance notice. Any changes to this Agreement will be effective immediately upon posting on this page, with an updated Last Modified date. By accessing the Website after any changes have been made, You signify Your agreement on a prospective basis to the modified Agreement and all of the changes.
In order to create a user account, You must provide Your full name, an email address, Your country or region of residence, a public username, and a user password. You agree that You will never divulge or share access or access information for Your user account with any third party for any reason. In setting up Your user account, You may be prompted to enter additional optional information (e.g., Your top three career interests, and post Your resume). You represent that all information provided by You is accurate and current. You agree to maintain and update Your information, and to keep it accurate and current.
PAYMENTS, CANCELLATION, AND REFUND POLICY
We currently offer the Service to Job Seekers free of charge. This may change, in our sole discretion, at any time.
We will charge a weekly Service fee to Employers who use our video interview software platform Service for their own candidates. We will charge a monthly Service fee to Employers who use our video remarket Service.
By subscribing to Company’s Services, you authorize the Company to charge the Service fees plus applicable taxes to any credit card or electronic check payment form that is on file with your account, on a weekly and/or monthly basis. All charges and fees are charged in US Dollars (USD). Charges and fees may vary based on currency exchange rates.
We currently offer the Service to Employers for free for 14-Days upon registration. This may change, in our sole discretion, at any time. The Service fee will be charged at the end of your 14-Day Free Trial period, marking the beginning of your weekly or monthly billing period. Your payment method (Credit Card or Electronic Check) will continue to get charged until and unless You cancel your Service. You have the right to cancel Your Services at any time without penalty. You can cancel Your Service by emailing us at firstname.lastname@example.org. Cancelation of Service will be in effect at the end of the current billing period. You will continue to have access to Your account until the end of that billing period. The Company does not issue any refunds for Service fees, except at its sole discretion.
Payment processing services for the Company are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). To continue access to the Service you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Company enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business, and you authorize the Company to share it and transaction information related to your use of the payment processing services provided by Stripe.
RULES FOR ONLINE CONDUCT
You agree that You are responsible for Your own use of the Website and for Your user postings. “User Postings” means all content submitted, posted, published, or distributed on the Website by You or other users on the Website’s blog posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that You will use this Website in compliance with all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from Your country of residence, and all United States export control laws.
STRICTLY PROHIBITED ITEMS
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE WEBSITE:
Content that defames, harasses or threatens others;
Content that discusses illegal activities;
Content that infringes another’s intellectual property;
Profane, pornographic, obscene, indecent or unlawful content;
Content that promotes, fosters, or implies discrimination based on race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Website.
YOUR RIGHT TO USE CONTENT ON THE WEBSITE
You agree that the Website and all its content are the property of Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (referred to as “Company IP”). You agree that Company owns all right, title and interest in and to the Company IP and that You will not use Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Company.
All rights in the Website and its content, if not expressly granted, are reserved.
User Postings Representations and Warranties. By submitting or distributing Your User Postings, You affirm, represent, and warrant (1) that You have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Company and its users to reproduce, modify, publish, and otherwise use and distribute Your User Postings in a manner consistent with the licenses granted by You below, and (2) that neither Your submission of Your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Company, are solely responsible for Your User Postings and the consequences of posting or publishing them.
License Grant to Company. By submitting or distributing Your User Postings, You hereby grant to Company a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit Your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to Website Users. By submitting or distributing Your User Postings, You hereby grant to each user of the Website a non-exclusive license to access and use Your User Postings in connection with their use of the Website for their own personal purposes.
User Postings Disclaimer. You understand that when using the Website, You will be exposed to User Postings from a variety of sources. Company is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto. Company does not endorse any User Postings or any opinion, recommendation or advice expressed therein. Company does not have any obligation to monitor any User Postings or any other user communications through the Website.
However, Company reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to this Agreement, Company may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Websites. The Website may include hyperlinks to websites maintained or controlled by others. Company is not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If You decide to access linked third-party websites, You do so at Your own risk.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe their material has been infringed on the Website should contact Company at email: email@example.com
Notification must include:
Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that Website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
Information for us to be able to contact the complaining party (e.g., email address, phone number).
A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
USE OF THE WEBSITE AND THE SERVICES OBTAINED FROM OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE WEBSITE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. COMPANY ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THE SERVICES, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
You agree to defend, hold harmless, and indemnify Company from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to Your use of the Website, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Company will provide You with written notice of such claim, suit, or action.
You agree that Company, in its sole discretion, may terminate Your use of the Services or Website, for any reason or no reason, upon notice to You. It is Company’s policy to terminate in appropriate circumstances the accounts of users of the Website who violate the Agreement. If You no longer desire to participate in the Services, then You may terminate Your participation at any time. The rights granted to You hereunder will terminate upon any termination of Your right to use the Website or Services, but the other provisions of the Agreement will survive any such termination.
Notices. Notices to Company will be emailed to: firstname.lastname@example.org
Assignment. Company may assign its obligations under the Agreement in whole or part at any time.
Waiver and Severability. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement shall remain in full force and effect.
Choice of Law/Forum Selection. You agree that any claim or dispute arising out of or relating to the Agreement, Website or Services will be governed by the laws of the State of Virginia, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in the State of Virginia, U.S.A. You consent to the personal jurisdiction of those courts over You for this purpose, and You waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
Entire Agreement. The Agreement constitutes the entire agreement between You and Company with respect to Your use of the Website and Services, superseding any prior Agreement between You and Company.