Terms of Service

Last Updated on June 01, 2017 Please read these terms of service carefully.

By accessing or using our Website you are agreeing to comply with these Terms of Service, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Website (“Services”), especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with us, including any other website Terms of Service with an affiliate of ours. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to products or services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

Overview

Welcome to the website provided by CrediBLL Inc. (“CrediBLL,” “we,” or “us”). These Terms of Service constitute a binding agreement between you (either the Prospective Employee or the Employer, whichever is applicable) and us and is enforceable under applicable law (the “Agreement”). This Agreement applies to all of the websites to which it relates or on which it is posted (collectively our “Websites”).

The term “Prospective Employee” will refer to users of our Service who are seeking employment and/or contractor opportunities through CrediBLL. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Prospective Employees through the use of our Service. The term “you” refers to the individual, company or legal entity, as applicable, identified as the user when you register on the Site, either as or on behalf of a Prospective Employee or Employer.

Throughout this document “Batches” means the batch process for Prospective Employees offered through CrediBLL. This process allows Prospective Employees use to identify new career possibilities using our Services. Such Batches enable Prospective Employees to contact Employers interested in hiring them. Please note that batches are non-binding and do not create any contractual obligations between either Prospective Employees or Employers.

By using one of our Websites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on our Websites and may be found at the place where the relevant service is offered. Our Privacy Policy and all applicable privacy laws and regulations are also applicable. By accessing, using this Website, or buying any product or service offered there under, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. We may, without notice to you, at any time, revise these Terms of Service and any other information contained in our Websites. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice. By continuing to use any of our Websites or buy any of our applications, products and/or services, you accept the Agreement, as modified.

OUR ROLE

Because CrediBLL is not an agent in the hiring process, and does not guarantee employment to Prospective Employees or guarantee a candidate for hire to Employees. Any subsequent agreements created between an Employer and a Prospective Employee are not binding on CrediBLL. And therefore, we are not liable for, or obligated to enforce, any agreements between an Employer and a Prospective Employee. Please see Section 15 for a full list of our limitations on liability.

Our product a. For Prospective Employees

CrediBLL is a job search marketplace with a specific focus on IT job seekers. Users are assigned talent specialists who will help Prospective Employees find the right opportunity. CrediBLL provides Prospective Employees a platform to find and connect with Employers and is in no way an agent for the purposes of the hiring process. Prospective Employees and Employers are solely responsible for any issues arising from the use of the CrediBLL software or their use of Service.

b. For Employers

As an Employer, you may request interviews ("Requests") for Prospective Employees via our Service with whom you are interested. Prospective Employees are not required to respond to your Requests. Nothing in our Service requires you or a Prospective Employee to accept a request or employment. A Recruitment Fee (as defined in Section 7 below) will be collected from you in accordance with Section 7 only if you have hired a Prospective Employee. Notwithstanding anything to the contrary herein, CrediBLL is not your agent for hiring Prospective Employees and CrediBLL does not check the backgrounds of its users or verify the statements of its users.

Use of our web sites

You certify that the information you provide on our Websites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue our Websites, or any portion of our Websites, at any time without notice. We and our affiliates have no liability to you for content on our Websites that you find offensive, indecent, or objectionable. You are prohibited from: (i) Violating or attempting to violate the security of our Websites; (ii) Using any device, software, or routine to interfere or attempt to interfere with the proper working of our Websites; or (iii) Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by us or other third party web browsers) to navigate or search our Websites.

a. Prospective Employees

You must register and create a personalized profile to use our Service, which is available at no charge to you. If you register with CrediBLL, we you may be required to provide us your name, e-mail address, employment history, work experience, educational background and skill set. Please review our Privacy Policy [Hyperlink] for how we use the information that we request from you. Notwithstanding, you will provide us with any other identifying documents that we may need. We may also register for our Service via a third party service such as LinkedIn. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. Notwithstanding we may accept or reject your registration to use our Site and Service at our option. If your registration is accepted, you will be allowed to use our Service. If not, you will not be allowed to use our Service.

b. Employers

Each Employer must also register to use our Service. Registration for Employers is at no charge to the Employer. We may ask you for additional information related to your company and the types of Prospective Employees you are looking for during the registration process. We may also review any other information that is publicly available. Notwithstanding anything to the contrary herein, at our sole option, we reserve the right to accept or reject your. If your registration is accepted, you will be allowed to communicate with, and make Requests to, Prospective Employees that have posted their profiles on CrediBLL.

Confidential information

Unless otherwise indicated in this Terms of Service, we do not want to receive confidential or proprietary information from you through our Website. Please note, subject to our Privacy Policy , unless otherwise specifically agreed to by us that any information or material sent to us will be deemed NOT to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) we obtain your permission to use your name; or (ii) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (iii) we are required to do so by law. Personally-identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.

Intellectual property

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws.

You may access, view, download, and print the IP and all other materials displayed on our Websites for your personal, non-commercial use only; provided, however, that you (i) preserve all copyright, trademark or other proprietary designations contained on all IP; (ii) do not modify or alter the IP in any way; and (iii) do not provide or make available the IP to any third party in a commercial manner.

No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Websites or any related software.

All software used on our Websites is the property of ours or our suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites may be used only as a shopping resource or in conjunction with the application, product or services offered therewith. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.

The compilation (meaning the collection, arrangement, and assembly) of all IP on our Websites is the exclusive property of us and is also protected by U.S. and international copyright laws. CrediBLL, the www.credibll.com website, names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Websites are trademarks or trade dress of ours in the U.S. and other countries. All other marks are the property of their respective companies.

We grant you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of ours provided you comply with these Terms of Service, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and we may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website.) All other use of this site is prohibited.

Except for the limited permission in the preceding paragraph, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

Payment Terms

For Prospective Employees
Our Service is free for Prospective Employees. You must notify us if you accept an offer of employment (an “Employment Offer”) and the terms associated there with, e.g., whether the employment is for an indefinite term or fixed term, full time or part time, within [two] days of receiving such Employment Offer.

You agree that (1) if you receive an Employment Offer, you will notify us of your start date (the “Start Date”) and the key terms of such Employment Offer (the “Key Terms”). You will notify us promptly if the Start Date or Key Terms change at any time. You will provide CrediBLL with (a) a copy of a fully executed copy of the offer letter. You will notify CrediBLL when your employment as an employee, intern, coop employee, consultant or contractor (collectively the “Employment”) is terminated and the conditions of such termination, i.e., if you are terminated for performance or voluntarily resign within ninety (90) days of the Start Date. If, before the Start Date, either you or the Employer decides not to begin the employment relationship, you will promptly notify CrediBLL and you will not be eligible for the related Prospective Employee Payment, as defined below.

Except as set forth in the preceding paragraph, if you receive an Employment Offer for full time employment for an indefinite term, you will receive a payment for (the “Prospective Employee Payment”) as described below. The Prospective Employee Payment will be paid not later than 120 days after you start work with the Employer.

If, within ninety (90) days of the Start Date, an Employer terminates your Employment (other than as part of a reduction in force) or you voluntarily terminate your Employment, you will promptly return that Prospective Employee Payment to CrediBLL. The Parties agree and you acknowledge that the return of the Prospective Employee Amount is a debt immediately owed to CrediBLL by you and you will pay for any professional fees CrediBLL incurs in enforcing such repayment obligation.
For Employers
Once we have accepted the registration of an Employer, you will be able to make Requests and communicate (through the Service) with Prospective Employees registered with us. If a Prospective Employee accepts an Offer within six (6) months of the date on which the you first viewed the Prospective Employee on the Site, you will be charged a Recruitment Fee. The “Recruitment Fee” shall mean either or both the Upfront Recruitment Fee and the Monthly Recruitment Fees. Such Fees shall be paid by you as set forth below:

If you employ a Prospective Employee, you will be required to pay one of the following options: (a) an amount equal to 15% of the Prospective Employee’s first year base salary, which amount shall be due and payable thirty (30) days after the Start Date (the “Upfront Recruitment Fee Option”); or (b) if we, at our sole discretion, approve, an amount equal to 2% of the Prospective Employee’s first year base salary, with the first payment due on the Start Date and each subsequent payment due monthly thereafter for six (6) months until the earlier of (a) payment of six monthly instalments or (b) termination of the Prospective Employee for whom the Monthly Recruitment Fee Option was selected (the “Monthly Recruitment Fee Option”).

Employers, who are allowed to choose the Monthly Recruitment Fee option, are required to (1) complete the CrediBLL Direct Debit Authorization Form allowing CrediBLL to directly withdraw, debit or charge monthly payments from Employer’s designated bank or credit card account(s) and (2) submit to a credit review (if required by CrediBLL).
Contractors
If an Prospective Employee is engaged as a contractor (a “Contractor”) within six (6) months of the date on which the Employer first viewed the contractor profile on our Site (a “Contractor Engagement”), the Employer shall pay a fee equal to: (a) 20% of the Contractor’s direct labour rate (as agreed to by the Contractor) for the Contractor Engagement on a W-2 basis; or (b) 15% of the Contractor’s direct labour rate (as agreed by contractor) for the Contractor Engagement on a 1099 basis. Each Contractor Engagements will be managed by People 2.0 (“People”). People will operate as the employer of record for all Contractors. People shall be responsible for all Contractor compensation, including, if applicable, payroll and payroll taxes, worker’s compensation and unemployment insurance, and health insurance. Employer will not pay the Contractor directly.

If a Contractor Engagement results in the Contractor being offered employment, the Employer shall pay a Recruitment Fee equal to 15% of the Prospective Employee’s first year base salary (the “Conversion Upfront Recruitment Fee”). The Conversion Upfront Recruitment Fee amount shall be due and payable thirty (30) days after the Start Date. Notwithstanding anything to the contrary herein, for 180 days after the end of the Contractor Engagement, the Employer is required to use CrediBLL to employ any Contractor formerly provided through our Service.

Non-Use Fee

Notwithstanding the foregoing, if an Employer can establish that the Employer had an Active Process (as defined below) with the Prospective Employee before accessing our Site and Service (e.g., the Prospective Employee had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s resume from an employment agency or head hunter and the Prospective Employee was under active consideration by the Employer), the Employer may not have to pay the Recruitment Fee. However, the final determination as to whether a Recruitment Fee is owed by the Employer for an accepted Employment Offer will be at the sole discretion of CrediBLL. For the purposes hereof, “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Site or Service for a Prospective Employee that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency.

If an Employer uses our Site and/or Service to find a Prospective Employee and subsequently hires, outside our Service, that Prospective Employee within six (6) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will pay a “non-use’ fee equal to 18% of the first year base salary or prorated contractor compensation of the Prospective Employee and CrediBLL may, in its sole discretion, terminate the Employer’s account.

Refunds

We want you to be satisfied in using our Site and Service to hire great Prospective Employees. If (1) you hire a Prospective Employee, are dissatisfied with his/her employment and terminates the Prospective Employee’ within ninety (90) days of the Start Date, (2) a Prospective Employee voluntarily terminates the Employment within ninety (90) days of the Start Date, or (3) a Prospective Employee never starts the employment relationship contemplated in the Employment Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, CrediBLL will fully refund to the Employer the Upfront Recruitment Fee related to the Prospective Employee if such Upfront Recruitment Fee was paid by Employer prior to the Termination Event. If the Employer was paying a Monthly Recruitment Fee for the Prospective Employee, who was the subject of the Termination Event, no refund shall be owed to the Employer; however, the Employer will not be obligated to pay future Monthly Recruitment Fees after the termination date. No refunds shall be provided for Conversion Upfront Recruitment Fees or for Membership programs.

Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, employees, directors, agents, contractors and affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the CrediBLL Sites or any breach by you of this Agreement.

Termination

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of our Websites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to our Websites, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from our Websites, as well as all copies of such materials, whether made under this Agreement or otherwise.

Severability

If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our sole discretion.

Disclaimer

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. IBM expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, we make no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

This site is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our websites or the information, content, materials, or products included on our websites. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, we disclaim any and all warranties, express or implied, for any merchandise offered on our websites. You acknowledge, by your use of our websites, that your use of our websites is at your sole risk.

This disclaimer does not apply to any product or service warranty offered by the manufacturer of the item or the provider of such service. You agree that such manufacturer or service provider shall be solely responsible and liable for such warranty. You acknowledge that we are not responsible or liable for such manufacturer’s product or service provider’s warranty.

You acknowledge that this disclaimer constitutes an essential part of this agreement.

Limitation of liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall CrediBLL or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the CrediBLL sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of CrediBLL has been advised of or should have known of the possibility of such damages. Subject to the foregoing, in no event will CrediBLL be liable for any damages in excess of the lower of (i) the fees paid by you in connection with your use of the CrediBLL sites during the one month period preceding the date on which the claim arose or (ii) one hundred dollars ($100).

Dispute resolution and arbitration

You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Services between you and us and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. The arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Santa Clara County, California.

All matters relating to the Services and this Agreement and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.

You further agree that such arbitration shall be brought in the federal or state courts in state of California and you waive your right to a trial by jury.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of CrediBLL to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit CrediBLL's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

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