General Terms and Conditions of LocalJobs.com
Information We Collect and Retain
LocalJobs.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 LocalJobs.com.
1. Content. It is understood by all parties that the content of the advertising being provided by Client to LocalJobs.com for inclusion in the Website is the property of the Client, and becomes property of LocalJobs.com when posting on the website. All content on LocalJobs.com must conform to LocalJobs.com standards for language, contextual standards, graphical standards, and promotional standards.
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 LocalJobs.com sales staff in a written proposal will remain in effect for a 30-day period from the date the proposal is presented, unless noted differently on the proposal.
3. Credit Policy. LocalJobs.com offers credit to all customers who post jobs with LocalJobs.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.
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 28 day posting period, however once the posting has â€œgone liveâ€ 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. LocalJobs.com shall provide Client with an accurate accounting of the number of job postings Client generated in the Website. LocalJobs.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 LocalJobs.com is the sole owner of LocalJobs.com trade names, service marks, and logos (LocalJobs.com Marks). Upon the termination of this Agreement, all rights of Client to use such LocalJobs.com Marks shall cease and Client shall immediately terminate all use of such LocalJobs.com Marks. Client further agrees that other than the limited license to use the LocalJobs.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 LocalJobs.com the right to utilize Client's trade names, service marks, and logos (Client Marks) in LocalJobs.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 LocalJobs.com to use such Client Marks shall cease and LocalJobs.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 LocalJobs.com, which consent shall not be unreasonably withheld. LocalJobs.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 LocalJobs.com, in which case Client's consent is not required.
8. Miscellaneous. This Agreement shall be interpreted according to North Carolina State law. The relationship between the parties shall be that of independent contractors, and no party shall be liable for the debts, accounts, or liabilities of another.
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. LocalJobs.com reserves the right to upgrade and enhance that functionality at its sole discretion.
11. Support. LocalJobs.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 LocalJobs.com. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM in the Eastern Standard Time, excluding major holidays observed by LocalJobs.com.
12. Maintenance of Software and Equipment. LocalJobs.com shall be responsible for the maintenance of the software, servers and other equipment relating to the Website. LocalJobs.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 LocalJobs.com on a timely basis shall entitle LocalJobs.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 LocalJobs.com has failed to keep the Website up and running for a period exceeding 14 days.
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 LocalJobs.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. LocalJobs.com shall be entitled to participate in any such action or proceeding at its own expense with counsel of its own choosing. If LocalJobs.com participates in such action or proceeding, LocalJobs.com shall control the defense of any action against LocalJobs.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. LocalJobs.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. LocalJobs.com makes no claims or guarantees as to the ability of the program(s) to produce any employees for Client. LocalJobs.com's liability shall be limited to no more than the price paid for the product minus any expenses LocalJobs.com has incurred for maintaining the program(s). In no event shall LocalJobs.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. LocalJobs.com may, at its sole discretion, change, modify, add, or remove portions of these Terms, and Job Board provided hereunder, at any time. LocalJobs.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. LocalJobs.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 LocalJobs.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.
How to Contact Us
You may contact us for questions or concerns about our privacy practices. You may also call us at 1-888-681-8975, or write to us at:
187 Duncan Creek Road
Fletcher, NC 28732