EMPLOYER USER AGREEMENT
This Employer User Agreement ("Agreement") is part of and incorporates by reference the User Agreement and other Terms of Service of pepelwerk (the Company). A user is defined as someone using, accessing, viewing, downloading, interacting with any content, software, product, or services owned by the Company. An Employer refers to a person acting on their own or on behalf of an institution, company or business interacting with the Company to offer direct employer work. Third party institutes, businesses or companies of any kind that are solely offering people as their product or service in leu of core service package or offering are not allowed on the platform. Any person's knowingly participating in the Company's products or services that is not a direct employer, will be violating the authorized use of the Company's assets and in doing so gives the Company the right to take legal action for misrepresentation and violation of user agreement terms. Employer's continued use of any pepelwerk software after the last modified date of this software will signify and confirm Employer's acceptance of this Agreement, the pepelwerk User Agreement, and the Terms of Service. Capitalized terms not defined in this Agreement are defined in the pepelwerk User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the official pepelwerk Site.
Employer accounts are managed and used by Administrators and/or Job Managers. If you provide your email, and are the Administrator, you are attesting to the fact that you have legal authority to represent, give permissions and accept billing and payment responsibilities for the registered company. If you are a Job Manager, you have been given permission by the Administrator to act on behalf of the registered company to manage various service elements, provide content, use features and accept charges. Proceeding with the use of the Companies services, products, content or software confirms your understanding of such responsibilities and representations.
As an Employer user I agree:
- To offer legitimate working opportunities
- To take accountability for the actions of all representatives that are associated to your employer account
- Take all reasonable preventive measures to ensure the safety of your representatives and act responsibly for the safety of others while conducting all activities in association with the Company
- That all content (pictures, videos, images, shared digital works, pages, skills, works and all other attributes) of your profile and how you represent yourself is honest, true and valid. Any false representations, will give us cause to remove your account information and take legal action.
- That if any suspicious behavior, information, content or people come to my attention through interactions with the Company that I will notify firstname.lastname@example.org immediately
- That the Company is not responsible for the choices you make because of the information you receive from the Company through any services, content, products, interactions or people acting in the interest or the Company. You hold pepelwerk harmless of any adverse experiences because of having access to information, recommendations, content, products, or services verbal or in writing.
- To let the Company, use information to use for the Company's purposes and makes every reasonable attempt to use Employer information responsibility.
- You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our business partners and that these communications are considered part of the Services. You will not be able to opt out of receiving basic administrative messages. You also understand that our Services may include advertisements.
Relationship with pepelwerk
As a user, Employer has access to service features that help the business match, manage and facilitate connecting with Talent for the purpose of getting work done for their company. These service features can include the connection of Talent available for work, base wage recommendations, screening, documentation storage, pay and administration management, access to reports, data, information, content that help them become well equipped, informed and prepared employers. All offerings, information, matches, features, products, services, content, software and communications are available to consume, use, purchase participate, engage, view or utilize at the CHOICE of the user. The Companies goals is to advocate for a fair, accurate, accessible, financially balanced and equal opportunity work environment while partnering with vendors, constituents and third parties that align with our mission and business goals. That does not mean that we control actions of others or the unknown intent of others when involved in the Company and will be held harmless as such. We are a matching platform, a Talent is responsible for their own work life decisions and Employers are responsible for their own work life decisions. Outside of membership and service fees for its services, the Company does not accept compensation from Talent to enhance, change or provide an unfair advantage to access working opportunities.
The Company merely makes the Site Services available to enable Talent to identify and determine the suitability of Employment opportunities for himself/herself and to enable Employers to identify and determine the suitability of Talent for themselves.
The Employer understands, acknowledges, and agrees that the Company has not made, or agreed to make, a commitment to provide services, to allow access to features, or to accept any indebtedness to the Employer once the Employer User makes the choice to deactivate this User Agreement with the Company. The Employer User can change, modify, or deactivate its use at any time. The Company can change, modify, or deactivate services and user at any time.
Employer User understands, acknowledges, and agrees that the Company does not view its relationship with Employer User as anything more than an Employer User of the Company's Marketplace as defined herein.
Job Matching Service and Features
pepelwerk (The Company) is an internet-based technology company that matches Talent to working employment in the global job market. The free profile set-up provided by the Company to the Employer User and the flat rate charge for job postings provided by the Company to and for the Employer User allows the Employer User to match with applicants of Employer User's choosing. Our intent is to provide an environment that supports the employer getting matched to Talent with the least amount of complications as possible. The Company makes no promise or commitment that the Talent, or any other user connected to our services or offerings, is of any mental, moral, physical or emotional capacity. All users are responsible for their own actions and must attest to the validity of what they represent. Any false representations are cause for legal action by the Company. The Company at its discretion can terminate, disable and report any behavior that is conflict with this policy or the intended use of our products and services.
The Company's Marketplace strives to provide Employer User with a rich resource of Talent to search for jobs available today and future job matches. Becoming an Employer User or through any other use of the Company's services, products, content or software systems does not constitute or an employee -employer relationship with Talent until/unless you as the Employer create, mutually agree and sign to a written document that says as such. The Company does not act as the Talents agent, Talents employer or receive financial incentive, outside of the products and services we offer to Talent to promote one Talent over another.
Employer User understands that Employer User is not precluded from joining or participating in any other talent marketplaces, and that Employer User is not precluded from offering work or employment to any individual or entity who is not a member of/in the Company's Marketplace, at any time.
Employer User expressly acknowledges, understands, and agrees that:
- the work that Talent chosen by the Employer User performs for the Employer is independent of and from the Company's business;
- the Company shall have no obligation to furnish, and does not intend to furnish, any tools, supplies, or materials that Talent may require to perform any work that Talent accepts with the Employer User through the Company's Marketplace;
- the Company has no right to control the progress of the work that Talent actually does at any job that Talent elects to accept with Employer User through the Company's Marketplace;
- the length of time that Talent works for an Employer User that Talent is introduced to through the Company's Marketplace shall be determined solely by the Talent Employer User, and not the Company;
- Talent is to be paid by the Employer User that Talent agrees to work for, on terms that Talent and the Employer User agree upon, and not by the Company; while the Company provides recommendations for base wages, the Company does not determine, agree, or participate in the agreement of earnings between Talent and Employer User.
- Talent and Employer User shall be in complete control of Talent's work schedule, and that the Company will have no control over Talent's work schedule with and for Employer User;
- any Talent employed by the Employer User shall be viewed as, and treated as, the Employer User employee, and that the Employer User will prepare performance evaluations on Talent at its sole discretion;
- while the Company performs initial background checks on Talent before allowing Talent to become a Member of/in the Company's Marketplace it does so solely for its own use and benefit (with the goal of maintaining a pool of credible, qualified talent) and not for the use and benefit of any Employer User, and that Company does not and cannot guarantee that Talent is who Talent purports to be or that Talent has the educational background and work experience that Talent represented to the Company that Talent has. Accordingly, Employer User is encouraged to do its own background checks and screening to the extent that it deems same appropriate/advisable;
- while the Company provides initial skills and aptitude testing for Talent after allowing Talent to become a Member of/in the Company's Marketplace it does so solely for its own use and benefit (with the goal of maintaining a pool of credible, qualified talent) and not for the use and benefit of any Employer User, it does not and cannot guarantee that Talent possesses the skills and/or aptitude that the Employer User deems appropriate or necessary to do the work that Employer User elects to employ Talent to perform/provide. Accordingly, Employer User is encouraged to do its own skills and aptitude testing to the extent that it deems same appropriate/advisable; and
- Employer User is and shall be solely responsible for compensating all Talent that Employer User elects to employ, and shall be solely responsible for any and all applicable local, state, and federal income tax withholdings and all applicable local, state, and federal income tax reporting.
- Employer User shall have the right to terminate this Agreement and its use of/in the Company's Marketplace at any time. The Company shall have the right to terminate this Agreement and Employer User's use of/in the Company's Marketplace upon Employer User's failure/refusal to pay any portion of the fees that Employer User has agreed to pay to Company under the terms of this Agreement in a timely manner.
Other services, products and offerings
The Employer will have access to other products and services. All protections, warranties, provisions, rights to use and exclusions apply to all other interactions with the Company when Employer voluntarily elects to buy, participate, engage or use any and all services, products and offerings.
Employer User, at Employer User's own discretion, has the opportunity to become a user of the Company's Marketplace. Employer User agrees to pay all fees applicable to the services that Employer User selects for as long as Employer User elects to remain an Employer User of/in the Company's Marketplace. There are no minimums or maximum billing charges, there are no annual subscription fees, there are no implementation or integration fees. All services are available as you use them and Employer account can be deactivate at any time.
The services that the Company offers to the Employer User, the fees to be paid by the Employer User to the Company for these services, and the perks associated with each chosen service are exclusively available because of the Employer User's agreed-upon use of/in the Company's Marketplace.
The services that the Company has offered to the Employer User under the terms of this Agreement, the fees to be paid by the Employer User to the Company for these services, and the perks associated with each of these services are detailed on payment terms.
The company reserves the right to change Employer User's user fees and features at any time. Any change will be communicated to Employer User with reasonable notice posted in advance on the Site. No refunds of fees already paid will be given. If the Company exercises its right to cancel the Agreement, the Company will not refund any fee already paid by Employer User to the Company.
Rights of the Company
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our site for any reason;
- Refuse, move, or remove any content that is available on our site;
- Delete, activate, reactivate or ban your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
Content on our site
Our site includes a combination of content that we create, that our partners create, and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash applications, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request permission to use any of the content on our site, please review our copyright notice and/or contact our corporate office.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, private message, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of
- (i) displaying Your Content on our site,
- (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
- (iii) storing Your Content in a remote database accessible by end users. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
We do not guarantee the accuracy, the integrity, or the quality of the content on our site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user review, message board, or feedback sections of our site.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Requests to remove certain content from our site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us at email@example.com to report any copyright violations
Third-party sites, products, and services
Our site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third-party content or a link to a third-party site is not an endorsement of that content or of that third-party site.
We do not sell, resell, or license any of the products or services that we review, list, or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Special conditions for international use and exports
The Company makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. Your access to the Company and the Services are on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Company any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services, or the Company and any such access and use is a violation of this Agreement.
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
Your conduct on our site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security at firstname.lastname@example.org. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Your use of our site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to our site; your connection to our site; your violation of these Terms; or your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Use of the Company's Assets
The technology and the software underlying our site and the Services is the property of the Company our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.
Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, private message, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Restrict or inhibit any other user from using and enjoying any public area within our site;
- Collect or store personal information about other end users;
- Interfere with or disrupt our site, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a pepelwerk representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
- You agree to use our social media accounts, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
- If you choose a username or profile header, introduction or picture that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our site, deny you access to our site, or any combination of these options.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by the Company for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.
Consent to Electronic Communications and Email Solicitation
Term of Agreement
This Agreement remains in effect until terminated by you or the Company. You may terminate this Agreement by deactivating your account and disabling your registration or contacting us at email@example.com, and by our subsequently disabling your password and ID. If you are unsatisfied with the Services provided through the Company your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users.
You hereby agree to indemnify, defend and hold the Company and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "pepelwerk Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any pepelwerk Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on our site.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT
- (i) OUR SITE WILL MEET YOUR REQUIREMENTS,
- (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
- (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE,
- (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND
- (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.
YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and the Company and govern your use of our site, superseding any prior agreements that you may have with us.
The parties to this Agreement understand and agree that the terms of this Agreement are contractual and not merely recital.
The parties to this Agreement agree that if any party to this Agreement is forced to initiate litigation for breach of this Agreement the prevailing party shall be entitled to an award of all reasonable and necessary attorney fees and all taxable costs of court.
This Agreement and each and every term and provision hereof shall be construed in accordance with the laws of the state of Texas. If any provision of this Agreement shall, for any reason, be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and that this Agreement shall be construed as if such an invalid or unenforceable provision had never been contained.
If any party to this Agreement is forced to initiate litigation for any matters relating to or arising out of this Agreement, including any alleged breach of this Agreement, such litigation shall be filed and prosecuted in a court of record situated in Collin County, Texas, and both parties to this Agreement agree to submit to the jurisdiction of any court of record situated in Collin County, Texas and expressly waive any claim that they have - or might otherwise have - to contest that any court of record situated in Collin County, Texas does not have personal jurisdiction over them.