Last Updated: December 31, 2015
Gogohire is the hiring network that connects top sales talent with startup companies.
1. KEY TERMS
This is an agreement ("Agreement") between Gogohire, Inc. ("Gogohire"), a Delaware corporation, the owner and operator of Gogohire.com (the "Site"), the Gogohire recruiting technology and service and "You", "Company", Inc.
1. The words "Gogohire," "us," "we," and "our," refer to our company, Gogohire, Inc., our Site or our Service, as is appropriate in the context of the use of the words.
2. The term "Company" will refer to Users of our Service who are looking to hire through Gogohire.
3. The term "Candidate" will refer to Users of our Service who are seeking employment opportunities through Gogohire.
4. The term "You" will refer to "Company" or "Candidate", as is appropriate in the context of the use of the words.
2. PLACEMENT FEE
Once we have approved the profile approval of a Company, the Company will be able to browse and offer an interview request to Candidates listed on Gogohire. If a Candidate through use of our Service accepts a binding Employment Offer, the Company will be charged a Placement Fee.
The Company will pay a Placement Fee equal to 15% of the Candidate's first year base salary, which amount shall be due thirty (30) days after the Candidate's Start Date.
3. BONUS AND GIFTS
Hiring bonus: A hiring bonus may be offered to Candidates who are hired via Gogohire. Eligible candidates will receive the bonus 90 days after the Candidate's Start Date or within thirty (30) days from the date Gogohire receives the Placement Fee from the hiring Company, whichever date is later.
Referral bonus: Upon invitation by an inviter, if an invitee creates a new Gogohire Candidate account and has not previously been a Gogohire candidate and accepts a binding Employment Offer by a Gogohire Company within 90 days of the invitation date, the inviter and invitee will be sent a $500 referral bonus. Payment terms are net thirty (30) days from the date Gogohire receives the Placement Fee from the hiring Company. There is no maximum on the number of friends you can invite.
Bonus and Gift amounts are subject to change at any time.
4. MONEY BACK GUARANTEE
We offer a 100% money-back guarantee for the period of 90 days.
If a Company hires and terminates the Candidate's employment within ninety (90) days of the Start Date, or a Candidate voluntarily ends their employment within ninety (90) days of the Start Date, or a Candidate does not start employment, Gogohire will not require the payment of the outlined success fee.
Companies are required to notify Gogohire once a Candidate has accepted an Employment Offer within 24 hours. In the event of a Success Fee dispute, if a Company can establish that the Company had continuous direct communication, within the three months prior to using Gogohire for a Candidate that was submitted by an employment agency or exists in Company's applicant tracking system before using our Site, the Company may be excused from paying the Success Fee.
5. USER CONDUCT
As a condition to access Gogohire, you agree that you may not and you agree that you will not:
1. Act dishonestly by engaging in unethical behavior by posting inappropriate or inaccurate content to Gogohire;
2. Abuse, harass or harm another person, including sending unwelcomed communications to other users;
3. Use or attempt to use another's account or create an untruthful identity on Gogohire;
4. Duplicate, license, transmit, distribute, sell, or otherwise transfer data found on Gogohire;
5. Reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property on Gogohire;
6. Copy information, content or any data you view on Gogohire to provide any service that is competitive with Gogohire;
7. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on our site;
8. Use bots or other automated methods to access Gogohire, add or download data on Gogohire;
9. Attempt to or actually override any security component included in or underlying Gogohire;
10. Engage in any action that directly or indirectly restricts with the proper working of or places an unreasonable load on Gogohire's infrastructure, including, but not limited to, attempting to gain unapproved access to Gogohire, or spreading or activating computer viruses on Gogohire;
11. Interfere or disrupt our site, including, but not limited to, any servers or networks connected to Gogohire, or our matching algorithms.
6. LIMITATION OF LIABILITY
Gogohire shall not be cumulatively liable for any damages in excess of the placement fee, if any, or USD $100, whichever amount is greater, or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided in this section fail of their essential purpose; and not apply to any damage that Gogohire may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
7. USE OF COMPANY LOGO OR TRADEMARK
As a Company user on Gogohire, this agreement hereby gives permission for Gogohire to use your company logo or registered mark on our website in the ‘our partner companies' section. Company hereby releases Gogohire from all liability relating to the use of the logo/mark on our website. If Company discontinues its Gogohire account we will remove the Company's logo or registered mark. Gogohire will not use your logo in any other way without confirming with you first.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Software, or your use or misuse of the Site or Service.
9. DISPUTE RESOLUTION
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Gogohire, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Gogohire agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Gogohire agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Gogohire shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any claim or dispute (excluding claims for injunctive as set forth below) in connection with the Agreement where the total amount of the award pursued is less than Three Thousand U.S. Dollars (US $3,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking liberation.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
We provide the network for Gogohire and all information and services on an "as is" and "as available" basis. Gogohire does not control generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Gogohire and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by Gogohire or anything related to Gogohire, you may close your Gogohire account and terminate this agreement and such termination shall be your sole and exclusive remedy. We neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service, or technology described or used on our websites may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Gogohire does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Gogohire disclaims all liability for identity theft or any other misuse of your identity or information by others. Gogohire does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Gogohiredisclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Gogohire disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Gogohire sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Gogohire may limit, suspend or terminate the account of any company or candidate who abuses or misuses the Site or Services. Gogohire may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. A cancellation shall be effective immediately or as may be stated in the notice. Termination of your Gogohire account includes disabling your access to Gogohire and may also bar you from any future use of Gogohire.
13. INTELLECTUAL PROPERTY
Gogohire shall own all related intellectual property rights, in and to the Site and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by Gogohire. The company name, the company logo, and the product names associated with the Site and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
14. CHANGES TO THE TERMS
We will occasionally update this Terms of Service. When we post changes to this Terms of Service, we will revise the "last updated" date at the top of this Terms of Service. We recommend that you check our website from time to time to inform yourself of any changes in this Terms of Service or any of our other policies.
15. CONTACT US
You may contact Gogohire by phone at (760) 593-4646 or email at email@example.com.
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