EMPLOYER USER AGREEMENT

 

This Employer User Agreement ("Agreement") is part of and incorporates by reference the pepelwork User Agreement and other Terms of Service of pepelwerk. 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 pepelwork User Agreement, and the Terms of Service. Capitalized terms not defined in this Agreement are defined in the pepelwork User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the official pepelwerk Site.

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 reduce time to fill staffing demands with applicants of Employer User's choosing. Our intent is to provide an environment that supports the employer getting connected to Talent. 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 future job matches. Becoming an Employer User or through any other use of the Company's services, products or software systems does not constitute or create an employer-employee relationship between the Company and the Employer User.

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 selects to remain an Employer User of/in the Company's Marketplace.

The services that the Company offers to provide 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 Employer User 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.

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.

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:

1. the work that Talent chosen by the Employer User performs for the Employer is in dependent of and from the Company's business;

2. 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;

3. 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;

4. 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;

5. 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.

6. 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;

7. 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;

8. 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 Useris encouraged to do its own background checks and screening to the extent that it deems same appropriate/advisable;

9. 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 Useris encouraged to do its own skills and aptitude testing to the extent that it deems same appropriate/advisable; and

10. 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.

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's fees and all taxable costs of court.

The parties to this Agreement understand and agree that the terms of this Agreement are contractual and not merely recital.

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.

The company reserves the right to change Employer User's user fees and features at anytime. Any change will be communicated to Employer Userwith 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.