These terms of service govern the relationship between PerfectlyHired and anyone who downloads, saves, installs, uses, accesses, interfaces with, or otherwise causes themselves to be exposed to the Service or any part of the Service described herein or any software, information or other item provided through or forming a part of PerfectlyHired website. Each of the acts mentioned in the preceding sentence shall be deemed to signify that the respective person agrees with these terms.
3.1. The Agreement shall be effective between the Supplier and the Customer as of the moment when the party to be identified as the Customer downloads, saves or installs any part of the Software, obtains a User Account or agrees or is deemed to have agreed to the Terms, whichever occurs first.
3.2. Each Participant, User and anyone else who causes himself to be exposed to the Service or any part thereof is deemed to have agreed to the Terms every time he subjects himself to a Feature or performs any of the acts mentioned in the opening paragraph of these Terms.
4.1. Subject to the terms set forth herein, the Supplier grants to the Customer and the latter accepts, for the term hereof, a limited, non-exclusive and non-transferable right to use, for his internal purposes, the Features available under the Customer’s Service Plan.
4.2. The Service is intended for normal end use and the Customer is advised to use the Features available to him in accordance with such pertaining technical documentation, specifications and instructions as the Supplier may issue and update from time to time.
4.3. The Service may only be accessed in such manner and by such means as authorised by the Supplier.
4.4. The Customer may reproduce the Software for his own installation and backup purposes only, and only to the extent such reproduction is necessary for his use of the Software in accordance with this Agreement.
4.5. As between the Parties, all Service-related Intellectual Property shall vest in, and is retained by, the Supplier and its licensors. The Customer shall not acquire any right thereto or otherwise in connection with the Service, except for the limited rights of use expressly set forth in this Agreement.
5.1. The Supplier will use commercially reasonable efforts to provide the Customer with all Features covered by his Service Plan.
5.2. Each Customer, Participant, User and anyone else who causes himself to be exposed to the Service or any part thereof acknowledges and agrees that:
the Service (i) has not been designed to meet his specific requirements, (ii) may from time to time suffer interruptions and be occasionally unavailable, (iii) has and will continue to have certain bugs and vulnerabilities, and (iv) is not meant to be used in inherently dangerous circumstances;
the Software, the Service and anything offered or delivered as a part of, in conjunction with, or by means of any Feature is provided on an “as is” and “as available” basis;
Their selection of a Service Plan and use of any of the Features are at his own risk, as are their exposure to, down- and upload of, as well as transmission, receipt, possession and other processing of information, computer programs, software code or other items through or due to the Service.
5.3. The Supplier has no obligation to enhance, modify or replace any part of the Service, or continue developing or releasing new versions thereof.
5.4. The Supplier aims to respond to support requests within 72 business hours but makes no commitment as to how quickly support will be provided or issues will be resolved.
5.5. The Service may provide links, references or access to third-party websites, resources or services and the latter may provide the same with respect to the Service. The Supplier is not responsible for the existence or qualities (including the availability, reliability and security) of such external sites, resources or services, does not endorse them and shall not be liable for any loss, damage, expenses or other consequences attributable thereto.
6.1. By obtaining a Service Plan or a User Account, installing any Software, using any Feature or causing any of the foregoing to occur on his behalf the Customer shall be deemed to have agreed to and accepted liability for the payment of all fees and other charges associated with the applicable Service Plan, and consented to the same being calculated, billed, revised and adjusted according to the rules that the Supplier has established therefor (which, if not specified in the Customer’s subscription documents, are available on the Supplier’s website or on request). The same applies, mutatis mutandis, if the Customer permits or causes himself to be designated as the one responsible for paying for someone else’s Service Plan.
6.2. Unless otherwise specifically agreed (e.g., with respect to a particular Campaign or Feature): (a) the Customer’s billing cycle is monthly, starting on the day when his Service Plan commences or, if a free trial period applies, on the first day following the trial period; (b) payment for the Service is due in advance by the first day of the relevant billing period.
6.3. The Customer shall make his payments in the agreed currency, using a payment method acceptable to the Supplier.
6.4. The Supplier may alter the fees, rates and the billing cycle applicable to the Customer’s Service Plan. If the Customer does not agree with the respective change(s), his sole remedy shall be to cancel the Agreement or his Service Plan, with failure to do so signifying his agreement to the change(s).
6.5 The Supplier’s fees are non-refundable. For instance: (a) if the Agreement or a Service Plan is cancelled or modified mid-billing period, the Customer will not be entitled to any refund (including any partial refund) as concerns that billing period; (b) payments attributable to future billing periods will not be refunded, unless otherwise explicitly agreed.
6.6. Upon an upgrade or a downgrade from one chargeable Service Plan to another the amounts that the Customer has prepaid for the original Service Plan (i.e., the credit remaining on the relevant subscription) will be applied against the amounts payable for the new Service Plan.
6.7. The Supplier’s fees and rates are exclusive of value added tax, sales tax and other public burdens, save where the Supplier has otherwise explicitly stated. The Customer shall be solely responsible for all taxes, duties and burdens that may be levied on his purchase, import, export, use or enjoyment of any item (including any right or other benefit) provided hereunder.
6.8. All sums owed to the Supplier hereunder must be paid in full, without deducting any currency conversion or payment-related charges.
6.9. The Customer acknowledges that: (a) his payments are handled by third-party service providers; (b) the Supplier is not responsible for these parties or their services and has no liability as concerns payment processing; (c) late payment may result in the suspension of the Service, restriction of access to certain or all of the Features or the termination of the Agreement.
Supplier may, at its sole discretion, offer a Subscription free of charge (a “Free” plan). You will not be charged by the supplier for using the Free plan.
8.1. The Customer must be a person (natural or legal) or an entity with legal capacity.
8.2. For the protection of those whose active legal capacity is restricted, the Supplier prohibits such persons from subscribing to, being subscribed to, and from using the Service. Full active legal capacity is usually attained by becoming of legal age (the age of majority), which, pursuant to the law governing this Agreement, occurs at the age of 18. Consequently, each natural-person Customer, Participant, User and Representative shall, by having assumed the respective role (explicitly or by performing any act identifying him as the respective party), be deemed to have represented to the Supplier that he is, and, in the Representative’s case, that both he and the Customer are, at least 18 years old and capable of entering into contracts. The same representation is deemed to be made each time that the respective person causes himself (and, in the Representative’s case, when he causes the Customer) to be exposed to the Service.
8.3. The Customer must comply and shall cause each User to comply with all legal requirements applicable to their use of the Service, processing of Customer Data and other activities hereunder (including export control provisions and requirements as to the handling of Personal Data).
8.4. The Customer warrants that he will not use the Service for sending unsolicited communications or uploading, transmitting, delivering, running, possessing or storing harmful code, malware or illegal content, and must ensure that none of the Users engage in any such activity.
8.5. Any Customer Data that conflicts with the provisions of this Agreement may be removed, disabled and/or destroyed by the Supplier at its sole discretion.
8.6. Each Customer, Participant, User and anyone else who performs any of the acts mentioned in the opening paragraph of these Terms undertakes that he will not: (a) interfere with the proper functioning of the Service; (b) impose an unreasonable load on the Service or its infrastructure; (c) reproduce the Software, except as expressly permitted herein; (d) translate, adapt, arrange or otherwise alter the Software or reproduce the results of any such activity; (e) distribute or redistribute, including sell, rent, lease, lend or otherwise make available, the Software (neither the original Software nor any copy thereof) or any other part of the Service; (f) decompile, disassemble or otherwise reverse engineer the Software; (g) remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to any part of the Service; (h) create or attempt to create any product or service that is substantially similar to, or performs the same or substantially similar functions as, or otherwise competes with any part of the Service, or purports to be created, provided or approved by the Supplier or its licensors; or (i) cause anyone else to do any of the foregoing; and acknowledges that this section does not relieve him of any of his statutory obligations.
9.1. The Representative personally warrants to the Supplier that: (a) the Customer conforms to the description set forth in section 8.1; (b) he is authorised to act on the Customer’s behalf; and (c) this Agreement is binding on the Customer.
9.2. The Representative agrees that if the Customer does not conform to the description of section 8.1 or if this Agreement proves to be void due to the Representative’s lack of authority, he shall, if the Supplier (in its absolute discretion) so chooses and respectively informs the Representative, be deemed to have entered into the Agreement on his own behalf (i.e., in place of the Customer whom he represented or purported to represent).
10.2. It shall be the Customer’s own responsibility to maintain the confidentiality of his usernames and passwords.
10.3. The Supplier shall not be responsible for any loss, damage or other consequences that may result from any unauthorised use of the Customer’s User Account, username or password.
10.4. The Supplier has no obligation to monitor or access any User Account, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, monitor user activity, perform its duties hereunder or comply with legal requirements).
10.5. The Supplier may, in its sole discretion, disable, close or restrict access to any User Account that is used to infringe on anyone’s Intellectual Property or proprietary or personal rights.
11.1. With respect to any product of intellectual activity, including any object of Intellectual Property, that is submitted, contributed or otherwise knowingly made available for inclusion in the Software or any other part of the Service, the Supplier shall be deemed to have been granted a non-exclusive, royalty-free, worldwide, perpetual (save as limited by law), irrevocable, freely transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform, display and make available the same (in whole or in part) and to incorporate it into other items, including works and inventions, in any form or medium now known or later developed. Each person making such a contribution warrants to the Supplier that he is authorised to do so and that neither he nor any author of any item that may be embedded in his contribution will seek any compensation or reimbursement in connection therewith.
12.1. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Any warranty of the Supplier not expressly stated herein shall be deemed withheld. The Supplier disclaims, to the extent legally permitted, all statutory warranties and course of performance, course of dealing and usage related licensees’ and users’ expectations.
12.2. The Supplier makes no representation or warranty: (a) that the Service will meet anyone’s expectations; (b) that access to or the operation or use of the Service will be uninterrupted, secure or error-free; (c) that any defect in the Service will be corrected; (d) that the Service or any means by which it is accessed or used is free of malware or other harmful components; or (e) with respect to any third-party item.
12.3. The Supplier’s disclaimers in connection with the Service apply both to the Service as a whole and each component thereof.
13.1. The Supplier shall not be liable for any undesired consequences, including any loss or damage, resulting from (a) anyone’s use or inability to use the Service, (b) the properties of the Service or anything delivered via the Service, (c) anyone having to procure, or the procurement of, any substitute item(s) for the Service or any information, resource or other item ordered, received, owned, controlled or enjoyed through the Service, (d) any message or other communication received or transaction entered into through or from the Service, (e) unauthorised access to, or interruption, alteration, loss, corruption or deletion of, anyone’s transmissions or data, (f) the statements or conduct of any person having access to the Service, or (g) any other matter relating to the Service or any part thereof; REGARDLESS of whether such are suffered directly or indirectly or are immediate or consequential and whether arising in contract, tort or otherwise; PROVIDED, HOWEVER, that (α) this section shall not prevent claims for the compensation of direct financial loss suffered by the Customer due to the Supplier’s intentional or grossly negligent breach of this Agreement, or financial loss resulting from the Supplier’s causing personal injury to, or the death of, the Customer, AND that (β) the total cumulative liability of the Supplier, hereunder and otherwise, shall in no event exceed the aggregate amount of all fees and charges (exclusive of value added and sales taxes) that the respective Customer disbursed to the Supplier for the Service during the 6 months immediately preceding that month in which the event giving rise to liability occurred.
13.2. Neither Party shall be liable for breaching its obligations due to a circumstance it reasonably could not have foreseen and which is beyond its control, such as, e.g., a force of nature, conduct of public authorities, war, civil unrest, act of terror, strike, power outage, internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party’s performance. For the avoidance of doubt, this section: (a) is not intended to derogate from or limit the ambit of any statutory limitation or exclusion of liability; (b) shall not be construed to limit the amount of, or excuse the Customer from paying, any fee or other consideration owed hereunder.
14.1. The Customer shall defend, indemnify and hold harmless the Supplier, its officers, directors, employees, contractors, agents and representatives from and against all claims made by and all damages, liabilities, penalties, fines, costs and expenses payable to any third party that arise from the Customer’s or any User’s: (a) breach of this Agreement; (b) misuse of the Service or any component thereof; (c) processing of Customer Data; or (d) infringement of anyone’s Intellectual Property or proprietary or personal rights.
16.1. The Customer acknowledges that, from time to time, circumstances may arise which make it necessary or desirable to modify certain provisions of this Agreement. Such circumstances include: (a) the Supplier’s launch of a new service or a modification to the Service; (b) a significant change in the Supplier’s operating environment; (c) an order or a judgment being entered against or in favour of the Supplier; (d) a significant corporate event, such as, e.g., the Supplier’s merger, acquisition or transformation; (e) the Supplier’s transfer of the enterprise or a part of the enterprise to which the Agreement pertains; (f) the ambiguity, invalidity, voidability or unenforceability of a provision herein; (g) any other event whose occurrence or expected occurrence in the Supplier’s reasonable judgment necessitates an amendment hereto.
16.2. The Customer agrees that: (a) upon any of the circumstances referenced in the preceding section the Supplier may affect such changes to the Agreement as it reasonably deems appropriate; (b) the Supplier may amend the Agreement by providing the Customer with the revised version (or the revised part) of the Agreement or by posting the same on a website and providing the Customer with a link thereto; (c) if the revised version of the Agreement substantially reduces the Customer’s rights or increases his responsibilities, the Supplier will give the Customer reasonable notice of such new version’s entry into force.
16.3. Notwithstanding anything herein to the contrary, the Supplier may modify the Service or any part thereof at any time and for any reason, with or without notice. Unless otherwise expressly agreed, the use of any new features, versions, releases, updates or other modifications that the Supplier may make available in connection with the Service shall be subject to the Agreement. The Customer’s continued use of the Service after any such modification shall constitute his consent to the respective modification(s).
16.4. If the Customer does not agree with the Supplier’s changes (whether to the Agreement or the Service), his sole remedy shall be to cancel the Agreement and stop using the Service.
17.1. The Supplier may discontinue the Service or any part thereof or cease providing the same to any Customer on a month’s notice and may, with or without notice, suspend or restrict access to the Service for any Customer whose payment for the Service is overdue more than a week, or whose use of the Service conflicts with this Agreement.
17.2. The Supplier may suspend performance under the Agreement in whole or in part with immediate effect if it is legally required to do so.
Supplier may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
Upon termination, your right to use the Service shall immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
19.1. The Customer agrees that the Supplier may provide notice to the Customer by posting it on the Service or by sending it to the email address associated with the Customer’s User Account.
19.2. All notices, requests, enquiries, complaints and other communications to the Supplier should be sent to the address (email or postal) specified under the definition for “Supplier”.
These Terms shall be governed and construed in accordance with the laws of the <>, without regard to its conflict of law provisions.
Unless otherwise mutually agreed, all claims and disputes arising under or relating to
this Agreement are to be settled by binding arbitration in the state of Florida, by the
American Arbitration Association under its Commercial Arbitration Rules. The number of
arbitrators shall be one. The place of arbitration shall be Miami, Florida. Florida law shall
apply. Judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If, at any time, any provision of the Terms is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity, or enforceability of the remaining provisions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change shall be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Our Service may contain links to third-party websites or services that are not owned or controlled by the supplier.