TheHRSoft is committed to develop quality HR tools so that you can automate your manual workload and can improve your workforce efficiency. You have numerous options available, and we appreciate you giving us a chance to serve your business. We have created this policy which gives a detailed explanation about the wallet, billing, and refund-related concerns. Let's have a look on them one by one.
THS wallet is a secure digital wallet that is used to make online transactions on TheHRSoft platform only. It is like a digital cash that can be utilized for any kind of payment towards i) buying credits ii) renewing subscription iii) renewing feature license. All the transactions towards license/subscription renewal or buying of credits can only be made through THS wallet. You can add money to your THS wallet using a credit card or a debit card only.
Apart from Feature license, THS offers various premium HR tools that can only be utilized through credits on uses based. These credits can only be bought through funds from your personal THS Wallet. $1 is equivalent to 10 credits. Although there are different credit charges for using different features License and HR Tools. The credit and their price are mentioned below:
|HR Tools||Credits required|
|CV Data Bank Access||10 Credits per CV (10 CVs access free)|
|Company logo branding||20 Credits per day|
We offer multiple feature licenses to our clients so that they can utilize our core features. These licenses are valid for one month and can be utilized from anywhere. The pricing of these licenses is mentioned as given below:
|ATS||500 Credits||Per user||1 month|
|Onboarding||Free||Per user||1 month|
|Employee management||100 Credits||Per user||1 month|
|Vendor management||Free||Per user||1 month|
|Role management||Free||Per user||1 month|
|Project Vs achievement||300 Credits||Per user||1 month|
TheHRSoft’s customer/client (Employer) can opt for THS registered Staffing Agencies / Individual Freelance services. We offer complete freedom to employers to decide the professional fees for the requisition. The fees may be divided as per progress under different phases for employee requisition. These phases involve CV submission, shortlisting, interviews, and offer release regarding open requisition for external support through Staffing Agencies / Individual Freelance service.
Once the requisition by the employer is live on our system and reflects the Staffing Agencies / Individual Freelancer vendors. The vendors start work on it and submit the relevant CVs as per the requirements mentioned by the employer. Our System automatically deducts credit points from the employer’s wallet equivalent to the price fixed by them against the requisition progress completed by Staffing Agencies / Freelance Recruiters. The deducted amount will be immediately credited to the Staffing Agencies / Individual Freelancer vendors. TheHRSoft is not liable to pay any dues to both parties involved in the external requisition process. Additionally, we do not charge any fees or commission from any of the parties i.e. vendor/employer.
We may modify the vendor management policy in the future. We will inform all the existing employers/vendors one month before the changes will be made effective. Any modification in price/policy will not apply until the expiry of any current/ongoing requisition process.
i) Free Subscription - We offer free 1 month Subscription to our new clients. Here, you can utilize all our premium features license and HR Tools as well can explore our platform without any hassle. It gives you a chance to understand how THS tools suits your business. This one-time free subscription is only valid for one month.
ii) Paid Subscription - Our paid Subscription is minimum fees against our platform services and our offer is multiple type of subscription for limited durations. The subscription amount will be credited to user’s wallet as credit point and from the credit points user can buy any of our services. Paid subscription is nonrefundable in case users do not use credit point before subscription expiry date.
|0 Credit Points||990 Credit Point||1990 Credit Points||3990 Credit Point||Negotiable|
|30 Days||90 Days||180 Days||365 Days||365 Days|
iii) Recurring - The subscription and Features License will be automatically renewed at the end of current billing cycle. The Subscription and Features License charge will be automatically deducted from your THS E-wallet. There are certain conditions that can cause nonrenewal case of recurring subscription. Let's look on them.
a) We always advise our customers to maintain sufficient funds into their wallet to avoid uninterrupted access to our premium features by renewing the Subscription after regular intervals. At the time of insufficient funds into your e-wallet, we will send you reminder emails or notification alert to add more funds into your e-wallet.
b) If the recurring Subscription and Feature License is not renewed due to insufficient funds into THS wallet. We provide a grace period of 10 days to add funds and renew your subscription and Feature License. It means all the premium services will be continued till 10 more days. At the last day of grace period, our system will again try to auto deduct the Subscription and Feature License charge from you THS wallet. In case of any failure, the Subscription and Feature License will be cancelled. In this situation, all the premium features will be discontinued. Although you can still access our free features.
Please note that all the recurring Subscription and Feature License will be renewed from unspent balance under your E-wallet with THS. No Subscription will be renewed from your credit/debit card. Additionally, we do not save any card details as we are committed to privacy and security of our customers.
iv) Cancellation - The recurring Subscription and Feature License will be automatically continued unless you downgrade your plan to a free plan or inform us in case you do not wish to renew the Subscription and Feature License please cancel on or before the expiry date of your current billing cycle.
i) Funds addition - You can only add funds into your THS wallet through debit/credit card. Once added, you can purchase subscription plans or licenses for specific duration and can also buy credits to use other paid services.
ii) Funds withdraw - You can withdraw funds from your THS wallet anytime after all the adjustments. It generally takes 24 to 48 hours to receive money from wallet to the payment source.
We always offer one-month free subscription to our new clients. We do not force any of our customer to buy any product/service or enter into a paid agreement. Our free one-time subscription gives you an ample amount of time where you can explore our entire tool and services. We do not entertain any refund request of our existing customers if you made the payment towards buying a premium subscription and Features License plan or credits by clicking “yes” to our terms and conditions. Additionally, no refund request will be entertained against renewal of recurring subscription and Features License. If you want to cancel your recurring subscription and Feature License plan, policy as per 4(iv)will be applied.
We may change the prices of any Subscription or any premium service. We will inform all our existing subscribers one month before the changes will be made effective. Any alteration in price will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid Subscription plan.
Data Protection and Privacy
Disputes and Governing Law
(a) Governing Law. This billing terms agreement, and any claims or controversies arising hereunder, are governed by California law, without regard to California’s conflict of law principles.
(b) Binding Individual Arbitration. You, TheHRsoft and any successors or assigns agree to arbitrate all disputes, claims and controversies arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement (collectively a “Dispute”). Any Dispute will be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the billing terms of this Agreement.
(c) Commencement. Any party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
(d) Service of Process. Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by Law.
(e) Class Waiver. To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
(f) Provision of an Award. Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review.
(g) Fees. Each of you and us will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to this Agreement, the arbitrators will award to the prevailing party, if any, the costs, and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
(h) Confidentiality. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
(i) Conflict of Rules. In the case of a conflict between the provisions of this Section 12. (i) and the rules governing arbitration identified above, the provisions of this Section 12(i) will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by Law and all the other provisions will remain valid and enforceable.
(a) Modifications; Amendments. Any changes to these terms will be in writing and agreed to by the affected Party.
(b) Assignment. You may not assign or transfer your rights or obligations under this Agreement, but our rights (collectively or individually) may be assigned by us without restriction.
(c) Severability. If any provision of this Agreement is deemed invalid or unenforceable under any law, rule, or regulation, the remainder of the Agreement will remain in effect.
(d) Complete Agreement. This Agreement and the TheHRsoft User Agreement (as incorporated) represent the entire agreement between the Parties pertaining to the Bill.
(e) Survival. The obligations in Section 9 (Indemnification), 12 (Disputes and Governing Law), this Section 13 (Miscellaneous) will survive any expiration or termination of this Agreement.
(f) No Waiver. Your breach of any part of this Agreement will not affect our right to (a) enforce your promise to pay all amount owed under this Agreement, or (b) use any remedy legally available to us.
(g) Relationship of the Parties. This Agreement supplements the TheHRsoft User Agreement. To the extent any terms of this Agreement conflict with the terms of the TheHRsoft User Agreement, the terms of this Agreement will prevail with respect to the Bill. Except as provided in this Agreement and with respect to the Bill, all terms and conditions of the TheHRsoft User Agreement remain in full force and effect.
(h) Confidentiality. This Agreement constitutes our confidential information, and you may not use or disclose this information without the TheHRsoft’s prior written consent. Without limiting your general duty with respect to non-disclosure of the information, any non- disclosure obligations in the TheHRsoft User Agreement also apply to the information with respect to you and TheHRSoft.
All of our services may not be accessed and/or used unless you agree to all terms in their entirety. Access and use of the Service are permitted provided you adhere to this Agreement and the law.
It is TheHRSoft's right to amend this Agreement and other incorporated terms at any time by notifying you. By continuing to use the Services after a change, you agree to accept the revised terms.
Unless you agree to the terms of this Agreement, you may not access or use the Services, and you should delete your account.
During the course of this Agreement, you may interact with TheHRSoft through our website(s), text messages, mobile communicators, chats, email, and other online means, collectively referred to as "Services".
Use of the Services requires you to be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside so that you can form a legally binding contract with TheHRSoft. Those under the age of eighteen (18) or the age of majority, who are permitted to work in their jurisdiction, represent that a parent or legal guardian has reviewed and approved this Agreement on their behalf. TheHRSoft reserves the right to terminate or suspend your use of the Services at any time unless we provide you with prior written authorization to use the Services again. Canadian residents: The Services are not available in Quebec, or in relation to hiring, employment, or employment offers in Quebec. Quebec law shall not apply to the Services or any employment or other relationship of a user of the Services. Residents of Canada: The Services are not offered in the Province of Quebec, including those for recruiting, hiring, or employing employees who are employed in Quebec. Any penalty associated with the termination of the Services or any other relationship with the user of the Services shall not apply.
Using the Services, you expressly acknowledge, agree, and request that this document and all related documents be written in English. Utilizing the Services, you will reconcile, accept, and express all the documents which are currently issued in English, as well as all the expressions of the present entity.
By allowing assent, you approve TheHRSoft to get in touch with you by phone at the number(s) you have given, and recognize that we might do as such utilizing a programmed phone dialing framework or a counterfeit or pre-recorded voice (to the degree allowed by the laws of the purview where you dwell). You concur that we may, however, are not committed to, screen, or record any of your phone discussions with us for quality control purposes, for preparing our representatives, and for our own security.
By giving your email address, you agree to our utilizing the email address to send you Administration-related and other non-business sees, including any notification legally necessary, in lieu of correspondence by postal mail. We may likewise send you different messages to the degree allowed by the laws of the locale where you live.
If you sign-up or potentially make an account, you might control your profile data and how you associate with the Services. Your address and warrant to us that you will give precise and complete information, you are exclusively liable for the activity under your account.
You can stop using the Service at any time. You can also delete your account at any time. We may suspend or terminate your access or your account in connection with all or part of the Service if: (a) you violate this Agreement materially or repeatedly; (b) we are required to do so to comply with a legal requirement or court order; or (c) we reasonably believe that there has been conducted which creates liability or harm to any user, other third parties, us or our affiliates. We may terminate your access, or access to your account, to all or part of the Service if we reasonably believe that our provision of the Service is no longer commercially viable. We will notify you of the reason for termination or suspension on our part, unless we reasonably believe that it: (a) would violate the law or the directives of judicial authority, or otherwise risk our legal liability or that of our affiliates ; (b) would compromise an investigation or the integrity or operation of the Service; or (c) harm any user, other third parties, TheHRSoft or our affiliates. When we terminate your access for changes to the Service, where reasonably possible, you will be given sufficient time to export your content from the Service.
General Rules for Use of Services
Conditions of Use
Unless we (or, as applicable, the provider of particular Content), have given you prior written permission, you may not:
Law compliance and our policies: You agree that you are responsible for your own conduct and content while using the Service, and for any consequences thereof. In addition to these Terms and any applicable policies or guidelines we may make available, you agree to use the Service only for purposes that are legal, proper, and in compliance with these Terms. Additionally, you agree that you are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, post, and display on the Service.
Here are a few examples, but not a limitation of what you agree not to do when using the Service or content:
Any aspect of the Services may be changed, stopped, or usage limits may be imposed (for paid products and services) without prior notice. Should any such change, cessation, or limitation of the Services materially and adversely affect you, you may terminate the Services by sending us written notice. Should such termination occur, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan. Depending on how we determine (acting reasonably) whether you have breached or violated any provision of this Agreement, committed fraud, or abused the Services, we may limit, condition, terminate, or suspend your access to the Services or any features thereof.
It may be possible for Users to post and/or provide content that is viewable by other Users, including, for example, job advertisements, screening requirements, screening questions, screening criteria, company information, the content of messages, resumes/CVs, logos, trademarks, comments, questions, and other information ("User Content").
User Content is the sole responsibility of the person or entity that provides it. The consequences of posting, providing, or publishing your User Content are solely your responsibility.
License to use TheHRSoft
In providing Content to the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, display, and perform it) for the purpose of operating, promoting, and improving the Service.
License for other users
Additionally, you grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as permitted by a feature of the Service.
If you choose to upload Content, you must not submit any Content that violates this Agreement or the law. In addition, you warrant to us that you have the right, power, and authority to grant the aforementioned Licenses.
Warranties or obligations not applicable
You agree that TheHRSoft makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties including, without limitation, the content of messages, Job Advertisements, and summaries. Additionally, you agree that TheHRSoft acts as a passive conduit for the distribution, provision, and publication of User Content and is under no obligation to curate or verify User Content
U.S. Communications Decency Act / Safe Harbor Section 230 of the U.S. Communications Decency Act ("CDA") and the Safe Harbor regime laws in the European Economic Area aim to limit or exclude liability for user-generated content.
In and of itself, the decision by TheHRSoft to remove or not post or distribute User Content does not constitute participation in the creation of that User Content and does not give TheHRSoft immunity under the CDA or Safe Harbor laws.
According to the terms of this Agreement, access and use of the Services is limited. We do not transfer ownership of or intellectual property interest in and to the Services or any materials used in connection with the Services.
A. Policies for billing
A fee may be charged for some Services. We may update the pricing and payment terms for the applicable Services from time to time, and you agree to them if you elect to use a paid feature of the Services. We will bill you in advance for any recurring charges. (1) TheHRSoft may add new services and products for additional fees and charges, at any time, at its discretion, or (2) amend fees and charges for existing services, at any time, at its discretion, upon notice.
B. Paid services are non-refundable
In the event of cancellation of a paid service subscription, you acknowledge that you will not receive a refund of prepaid fees, unless otherwise stated in this Agreement. You understand and accept that, in the event that TheHRSoft suspends, restricts, conditions, or terminates your access to the Services and/or your account due to your material breach of this Agreement, you will not be entitled to a refund on subscription fees you have paid in advance, products or services, and any unused amounts. In the case of applicable fees, you will be required to pay TheHRSoft the entire amount due for the subscription, product, or service, as appropriate.
You can use the Services to search for jobs, to apply for jobs ("Job Applications"), to receive job alerts via email or text message (iii) to include your resume in the Resume Database, and to include other relevant information. Referring to a "resume" or "CV" shall include all profile data and written evaluations of a person's experience and qualifications for purposes of this Agreement.
If you have an account with TheHRSoft, upload your resume/CV and/or sign up for alerts. We may send you information about job advertisements that may be of interest to you using the information you provide. As well as display or supply your resume/CV and profile information (to the extent that you have not designated it as private) to an employer or Staffing Agencies / Individual Freelancers who, in our opinion, may be interested in the candidates like you.
Once you fill out a job application, the entity that posted the ad may receive your data, so make sure that the information you intend to share is complete and accurate.
By adding your resume/CV to our database, you consent to TheHRSoft matching words, skills, or certifications present or implied in your resume/CV with words, skills, or certifications present or implied in a job posting or Staffing Agencies / Individual Freelancer's search so we may present matching resumes/CVs to the applicable employer or Staffing Agencies / Individual Freelancer in a format that is exclusive to us.
Profile and Resume/CV Privacy: If you choose to keep your profile and resume/CV private, they will not be added to the shared database.
In your capacity as an employer or Staffing Agency, you may use the Services to (i) search for or view some prospective employees or candidates, (ii) post or distribute job advertisements on your own behalf and/or for the benefit of others.
Rules of content
For all job advertisements submitted by you, you represent and warrant to us that (i) the job advertisements are in compliance with applicable laws in your jurisdiction and the jurisdiction in which the vacancies are located; (ii) you have the necessary rights to permit TheHRSoft to publish and use job advertisements; and (iii) the use, reproduction, distribution, or transmission of job advertisements will not violate the rights of third parties. TheHRSoft and its Affiliates and their respective officers, directors, employees, and agents will indemnify and hold harmless each other from and against any and all claims, costs, harms, misfortunes, liabilities and expenditures (counting attorneys' expenses and costs) emerging out of or in association with work notices given by you or any other substance given by you, or your breach of this Ascension.
You concur not to post or advance any work notices that: (i) contains wrong, untrue, or deceiving data; (ii) contain "covered up" keywords or catchphrases that are unimportant to the job opportunity being displayed; (iii) sell, promote or advertise items or services; (iv) support a specific political party, political motivation, or political position or promote a specific religion; (v)promote work openings found in nations subject to financial sanctions of the Joined together States, but where allowed by pertinent law; (vi) require the candidate to supply data relating to his/her: (a) racial or ethnic root, (b) political convictions, (c) devout convictions, (d) enrollment of an exchange union, (e) physical or mental wellbeing, (f) sexual life, (g) the commission of criminal offenses or procedures, or (h) age; (vii) contain a substance or joins to a substance that abuse individuals in a sexual, savage or another way, or requests individual data from anybody beneath the age of 13; (viii) incorporate any screening necessity or criteria where such requirement or criteria isn't a bona fide occupational necessity for the part; (ix)include any franchise, pyramid scheme, "club participation", distributorship, or multi-level promoting opportunity or requires enrollment of other individuals, sub-distributors or sub-agents; (x) require candidates to pay to apply, pay for preparing, pay for preparing materials, or pay for tests; (xi) contains a substance that damages pertinent laws; (xii) require citizenship or legal permanent residence in a nation, unless that's required in arrange to comply with the law, control, or a government, state or nearby government contract; (xiii) contain links to any site competitive with TheHRSoft other than to a genuine job posting.
A job advertisement must be compliant with applicable local, national, and international laws, and regulations, such as those relating to labour and employment, and anti-discrimination (or equivalent laws in the country in which the ad is placed, posted or distributed).
Job Seekers may be notified by TheHRSoft that you have taken an action with respect to their resume/CV or Job Application. In exchange for being indemnified from and against any claim brought against TheHRSoft arising from your breach of this Agreement or any other agreement between TheHRSoft and you, you agree to treat anyone responding to your Job Advertisement fairly and professionally.
Notice by DMCA
Copyright owners or authorised agents may submit a copyright infringement notification in case their copyright-protected content is posted on our website without their permission or if any content posted on our website infringes their legal rights. It is important to realize that, by notifying of infringements, you are initiating a legal process and that you may be held legally liable if the notification is false or otherwise misused. You can email us at firstname.lastname@example.org to let us know about copyright infringement and/or to request the removal of content.
Additional Legal Terms
With reasonable skill and care, we provide the Service.
The contract cannot exclude or alter a consumer's rights under law. You may have other rights as a consumer that are not affected by this Agreement. TheHRSoft does not make any express or implied promises about the Service, except as explicitly stated in this Agreement. As an example, we do not guarantee the following: the quality, reliability, availability, or accuracy of the Content provided through the Service.
DISCLAIMER OF LIABILITY
Any exclusion or limitation of liability in this Agreement is not intended to exclude or limit any party's liability for: death or personal injury; fraud; fraudulent misrepresentation; or other liability not excluded or limited by law.
TheHRSoft and its Affiliates disclaim all responsibility, to the maximum extent permitted by law, for:
If you are a "Business User", and you use the Service for business, trade, craft or profession, you should also be aware of the following limitations of liability:
Links to Third-Party websites
Our Service may contain links to third-party websites and online services that are not owned or controlled by us. Those websites and online services are not under the control of TheHRSoft, and no responsibility is assumed for them. You should read every third-party website and online service's terms and privacy policies when you leave the Service.
What this Agreement is About
Changing this Agreement
This Agreement may be modified for legal, regulatory, or security purposes, for example to reflect changes to our Service. Whenever we make material changes to this Agreement, we will provide reasonable advance notice and give you an opportunity to review the changes. A change addressing newly available features or a change made due to legal reasons may, however, take immediate effect. Changes will only take effect in the future. You should remove all Content you uploaded and discontinue using the Service if you do not agree with the modified terms.
Terms for Continuation of this Agreement
Following the termination of your use of the Service, the following terms of this Agreement will continue to apply to you: "Other Legal Terms", "About This Agreement", and the licenses granted by you will continue in limited cases as described under "Duration of License".
The enforceability of one provision of this Agreement will not affect the enforceability of any other provision.
Assignment to Affiliate
TheHRSoft may transfer all or part of this Agreement to an Affiliate or, if TheHRSoft or its part is sold, to a third party at our discretion and without your consent.
There will be No Waiver
The fact that we do not take immediate action in response to your violation of this Agreement does not mean that we forfeit any rights we may have (such as taking further action in the future).
Laws to Govern
It is understood and agreed that this Agreement and the relationship between you and TheHRSoft are governed by the laws of California, USA.
1. Job Advertisement or Job Posting
By means of its search results and other means on the Site, TheHRSoft may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites ("Job Listings" or "Job Ads"). For Job Seekers, searching for job ads on TheHRSoft is free. Third parties generate Job Ads on the Site and provide them. TheHRSoft has no control over the content of Job Ads, links to Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. TheHRSoft strives not to make such Job Ads available on the Site, but some third parties may charge Job Seekers a fee for applying to their job postings. After leaving the TheHRSoft Site, you will be subject to the terms and conditions of any third-party website that you enter. TheHRSoft is able to tell us when an application has been completed on an Employer's website by using conversion trackers, APIs, and other functionality provided by employer websites. Any Employer who installs such functionality must comply with this Agreement by providing any notice, and obtaining any prior consent, required by applicable law. However, you agree and acknowledge that TheHRSoft does not control such an Employer or its website. TheHRSoft may use such conversion tracker functionality on your behalf and may receive information from it. Job Ads on the Site, or linked from the Site, are indexed or posted using an automated process, except for sponsored, featured, or paid placements. TheHRSoft is not obligated to screen any Job Ads or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ad from the Site or your search result at any time. There is no obligation on the part of TheHRSoft to provide you with any or all Job Ads. Employers and other users are responsible for verifying the accuracy and completeness of Job Ads and other information submitted by them, including the identity of such Employers and other users. TheHRSoft disclaims all liability for any Job Ads, Company Pages, screener questions and answers, or assessments, including their content, accuracy, completeness, legality, reliability, or availability. In addition, TheHRSoft may offer search options for narrowing down Job Ads results by job type categories (e.g. full-time, part-time, etc.). However, these categories are created independently by TheHRSoft, and may not directly reflect the content of Job Ads. It is possible for TheHRSoft to reformat Job Listings so they are easier to read on a mobile phone. For legal purposes, the placement of a Job Ad on a certain page (for example, on TheHRSoft Gigs) does not indicate the nature of the role. Although TheHRSoft may in some circumstances be compensated by employers who post Job Ads, in order to keep TheHRSoft job search free, every Job Ad is treated as advertising. Using search terms and other information provided by employers, and activities conducted on TheHRSoft, Job Ads are displayed based on employer bids and relevance. You are not permitted to use TheHRSoft’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the TheHRSoft General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. TheHRSoft may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. TheHRSoft cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resumes and Recommended Jobs
By creating a public resume or uploading the resume through the Site, you are requesting and authorizing TheHRSoft to make available your resume to third parties, such as Employers, that TheHRSoft believes may have an interest in your resume. By creating or uploading a resume on TheHRSoft (an “TheHRSoft Resume”), TheHRSoft may share with you Job Listings that match the contents of your TheHRSoft Resume. TheHRSoft assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact TheHRSoft to do so. To protect your privacy, TheHRSoft may mask or hide your contact information, such as your email address, from your resume and may substitute it with an alias.
TheHRSoft may also automatically send you recommended jobs via the email address you use to create an TheHRSoft account or apply to a job. TheHRSoft may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your TheHRSoft Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through TheHRSoft.
3. Applying to Jobs Through TheHRSoft
When you apply to a job using TheHRSoft Apply, TheHRSoft will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. TheHRSoft also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, TheHRSoft may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. TheHRSoft has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on TheHRSoft, do not use the TheHRSoft Apply or TheHRSoft relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through TheHRSoft. By using the TheHRSoft Apply system, you fully consent to the above.
If you require alternative methods of screening or application you must approach the Employer directly to request such as theHRsoft is not responsible for the Employer application process
By using TheHRSoft, you agree that TheHRSoft is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that TheHRSoft does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that TheHRSoft does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labelled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. TheHRSoft cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. TheHRSoft may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and TheHRSoft does not guarantee that updating a resume or application will result in any job offer. TheHRSoft does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. TheHRSoft cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. TheHRSoft recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. TheHRSoft does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
TheHRSoft may use your application materials (including resumes and responses to screener questions) and the recency of your activity on TheHRSoft to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that TheHRSoft may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. TheHRSoft may also use such information in order to improve the Site or any other TheHRSoft product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). By using TheHRSoft Apply and answering screener questions, you acknowledge that Employers may have instructed TheHRSoft to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that TheHRSoft has no discretion in the transmission of these rejections. TheHRSoft may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing TheHRSoft to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to TheHRSoft their interest in your application. You acknowledge and agree that TheHRSoft has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on TheHRSoft within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by TheHRSoft (for example, calling or emailing you directly instead of through an TheHRSoft Relay Service) are not visible to TheHRSoft, and would not by themselves prevent an Employer Assist rejection notice from being sent.
When you search for jobs on the TheHRSoft Job Search app and proceed to apply for a job, including jobs on third party sites, TheHRSoft may suggest information from your TheHRSoft profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
For job seekers located in the UK, you acknowledge that when contacted by TheHRSoft, presented as TheHRSoft Hire (hereinafter referred to as “TheHRSoft Hire”), TheHRSoft is acting as an Employment Agency (as defined under applicable law). The services TheHRSoft Hire offers are set out in these terms. TheHRSoft Hire will only send you Job Listings that TheHRSoft Hire determines may be of interest to you. You further acknowledge that TheHRSoft Hire is not authorised to receive any money on your behalf and/or to enter into any contracts on your behalf. You may also end your relationship with TheHRSoft Hire at any time.
4. Communications and Other Actions on the Site
When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, TheHRSoft may, for example, use such materials for data analysis, quality control, or to refine the Site or any other TheHRSoft product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, TheHRSoft may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. TheHRSoft may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on TheHRSoft, and you hereby consent to TheHRSoft taking such actions.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.
TheHRSoft may offer you the opportunity to receive a text message interview reminder from TheHRSoft when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the TheHRSoft consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. TheHRSoft will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
TheHRSoft may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by TheHRSoft. Your standard calling rates with your phone provider will apply.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, TheHRSoft Apply, TheHRSoft Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through TheHRSoft. TheHRSoft may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. TheHRSoft disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
TheHRSoft may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. TheHRSoft is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.
TheHRSoft reserves the right to turn on or enable TheHRSoft Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that TheHRSoft Chat or other communication options are available for a particular job or Employer. For TheHRSoft Chat, you may access or view your messages by visiting your TheHRSoft Chat messages dashboard. TheHRSoft may, in its sole discretion, turn off or disable TheHRSoft Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using TheHRSoft Chat to communicate with an Employer, TheHRSoft will deliver your messages as instructed by the Employer.
5. Virtual Communications
Employers may offer you the opportunity to participate in virtual and remote communications using TheHRSoft products, including but not limited to, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that TheHRSoft is not a telecommunications service provider and that TheHRSoft is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. TheHRSoft does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. TheHRSoft is not liable for any claims arising out of your use of Virtual Interviews and you release TheHRSoft from any such claims.
You understand that TheHRSoft does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.
YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT TheHRSoft IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. TheHRSoft ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT TheHRSoft DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
6. TheHRSoft Assessments
TheHRSoft Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the TheHRSoft Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the TheHRSoft Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment.
An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed TheHRSoft to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that TheHRSoft has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.
You acknowledge and understand that Employers select which Assessments to associate with their job openings, and that TheHRSoft does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment and are not being asked by TheHRSoft. You further agree that TheHRSoft is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. TheHRSoft may provide a means by which you may request such an alternative method or other accommodation from the Employer; TheHRSoft does not guarantee the Employer’s receipt of, or response to, any such request. TheHRSoft does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.
You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.
TheHRSoft does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on TheHRSoft. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), TheHRSoft cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your TheHRSoft Profile or for another job application.
TheHRSoft may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your TheHRSoft Profile. You may choose whether the Response is available to Employers viewing your TheHRSoft Profile, though TheHRSoft will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.
As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.
TheHRSoft does not act as an employment agency by offering the TheHRSoft Assessments tool. By using TheHRSoft Assessments, you acknowledge and agree that TheHRSoft is not procuring employees for Employers or procuring opportunities to work for Job Seekers. TheHRSoft merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of TheHRSoft Assessments, is solely with Employers or Job Seekers as applicable.
As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.
TheHRSoft is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not TheHRSoft receives a fee from the Employer in connection with the transaction. TheHRSoft will not be liable for any costs or damages arising out of or related to such transaction.
TheHRSoft assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the TheHRSoft Assessments tool, and any Assessment or Response.
7. Salary, Career, Hiring and Other Information Provided by TheHRSoft
TheHRSoft may provide some information and content to users for informational purposes only. For example, TheHRSoft may provide you with data regarding estimated salaries for a given Job Listing, or number of applies to a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by TheHRSoft is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. TheHRSoft may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to TheHRSoft, including from TheHRSoft affiliates. These figures are given to TheHRSoft users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Similarly, career-related or hiring-related information provided by TheHRSoft is for informational purposes only, and is in no way to be construed as professional career counselling or staffing services. You understand that TheHRSoft may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, TheHRSoft is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, TheHRSoft may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
TheHRSoft may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of TheHRSoft and that TheHRSoft is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. TheHRSoft does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, TheHRSoft will have no liability arising from any discussion you have with such a third party.
8. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and TheHRSoft knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on TheHRSoft, information you provide directly to TheHRSoft including desired salary or past experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an TheHRSoft account or an TheHRSoft Resume, you agree that TheHRSoft may associate this data with your TheHRSoft Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behaviour on TheHRSoft. You also agree that TheHRSoft may contact you based on this observed behaviour on behalf of Employers or TheHRSoft itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, TheHRSoft may publicly display the fact that you have recently used the TheHRSoft Site to correspond with a third party. In addition, if you set your Resume to public, this means that TheHRSoft may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.
9. Screening Tools
TheHRSoft may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. TheHRSoft is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by TheHRSoft. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. TheHRSoft does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act.
You authorize TheHRSoft to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize TheHRSoft to conduct such tests without notice.
11. Intellectual Property; Brand Features
Other than as set out expressly in the TheHRSoft Terms, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party's licensors.
If TheHRSoft provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TheHRSoft, in the manner permitted by the TheHRSoft Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter TheHRSoft 's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any TheHRSoft services, software, or documentation.
We grant you a non-exclusive, non-sublicensable license to use TheHRSoft's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") solely in connection with your use of the Services and in accordance with TheHRSoft Terms. We may revoke this license at any time. Any goodwill arising from your use of TheHRSoft's Brand Features will belong to TheHRSoft
We may include your name, photo and Brand Features in our presentations, marketing materials, customer lists and financial reports.
You agree not to disclose TheHRSoft Confidential Information without our prior written consent. " TheHRSoft Confidential Information" includes: (a) all TheHRSoft software, technology and documentation relating to the Services; (b) Job Seeker CVs processing rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by TheHRSoft that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. TheHRSoft Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section, you may accurately disclose the amount of TheHRSoft's gross payments resulting from your use of the Services.
13. Governing Law.
Governing Law; Venue. All claims arising out of or relating to this TheHRSoft Terms or the Services will be governed by California law, excluding California's conflict of laws rules. The parties will try in good faith to settle any dispute relating to the Agreement ("Dispute") within 30 days after such Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the International Centre for Dispute Resolution of the American Arbitration Association and conducted in accordance with its Expedited Commercial Rules in force as of the date of the Agreement. There will be one arbitrator selected by mutual agreement of the parties. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any court having jurisdiction for injunctive relief necessary to protect its rights pending resolution of the arbitration. Any decision rendered by the arbitrator will be final and binding on the parties, and judgment thereon may be entered by any court of competent jurisdiction. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. All information disclosed in connection with the arbitration, including the existence of the arbitration, will be Confidential Information governed by the confidentiality provision of Section 11. The parties may, however, disclose such information to an appropriate court under confidentiality restrictions, as necessary to seek enforcement of any arbitration award or judgment or to seek any relief permitted under the terms hereof.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
14. Class Action Waiver
By using the Site and in return for the services offered by TheHRSoft, you acknowledge that TheHRSoft can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue TheHRSoft as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against TheHRSoft regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 9 above.
1. TheHRSoft Partner Program Terms
Together with the TheHRSoft Terms of Service and the TheHRSoft Partner Program Policies (each of which may be updated from time to time and are incorporated herein by reference), the following TheHRSoft Partner Program Terms apply to your participation in the TheHRSoft Partner Program (the "Terms"). Please read the Terms carefully. If you do not understand or accept any part of these Terms, you should not your upload or share job seekers CVs against any requisitions on TheHRSoft website and request to TheHRSoft for monetization
2. Monetization professional fees. TheHRSoft will pay you as follows:
TheHRSoft will pay the professional fees to the registered Staffing Agencies / Individual Freelance for processing job seekers CVs against requisitions add on site as per TheHRSoft payment policy.
3. Staffing / Recruitment Agencies / Freelance Recruiters Terms of Partner
The registered Staffing Agencies / Individual Freelance must maintain quality of their work, by submitting, relevant CVs against the requisitions, if CVs shortlisting ratio is below 70%. is our system’s an automatic process will put head hunter on strike for 10 days.
The entire selection process right from CVs shortlisting to onboarding of the job seeker (candidate) is subject to TheHRSoft’s customer/client’s requisition owner’s own decision and its final to all of us, TheHRSoft has no intervention or control over it.
Its stickily prohibited to fabricate job seekers CVs and share against requestions or upload on TheHRSoft site by Staffing Agencies / Individual Freelance. If such activity done by Staffing Agencies / Individual Freelance three times in a month either knowingly or unknowingly, the system will put your account on strike for three month. And if any account has such three strike, TheHRSoft’s automatic system will suspend your account permanently.
Termination. Either party may terminate these Terms for convenience with 30 days prior written notice to the other (including via electronic means). TheHRSoft may either suspend or terminate your participation in the TheHRSoft Partner Program immediately upon written notice (including via electronic means) if TheHRSoft reasonably determines or suspects that you have violated these Terms. For clarity, in the event of any termination of these Terms the TheHRSoft Terms of Service will survive and continue to apply to your use of the TheHRSoft service.
Your use of the Services is subject to your creation and our approval of an TheHRSoft (as an "Account" or registration). We TheHRSoft have the right to refuse or limit your access to the Services. In order to verify your Account/performance, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from TheHRSoft, and your Accounts will be subject to termination, pursuant to the provisions below.
4. Using our Services
You may use our Services only as permitted by this the TheHRSoft Terms and any applicable laws. TheHRSoft always encourage to use the service without any hassle and misleading any misuse of our Services will automatically suspend your account or registration.
Some examples, interference with our Services and selection process of the customer/client, employer or try to access them using a method other than the interface and the instructions that we provide.
5. Changes to our Services; Changes to the TheHRSoft Terms
TheHRSoft is bound an believe on the constant change and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether for the organisational or customer’s benefits.
We may modify the TheHRSoft Terms at any time. We'll post any modifications to the TheHRSoft Terms on this page and any modifications to the TheHRSoft Policies. Changes will generally become effective 30 days after posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to any modified terms in the TheHRSoft Terms, you'll have to stop using the affected Services or TheHRSoft have right to terminate/suspend your registration.
6. Termination, Suspension, and Entitlement to Further Payment
TheHRSoft may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any Property in the Services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the TheHRSoft Policies. TheHRSoft can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If TheHRSoft closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions. If TheHRSoft closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.
If TheHRSoft terminates your Account due to your breach of the TheHRSoft Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the TheHRSoft Policies, you will not be entitled to any further payment from TheHRSoft for any prior use of the Services. If you breach the TheHRSoft Terms or TheHRSoft suspends or terminates your Account, you (i) are prohibited from creating a new Account, and (ii) may not be permitted to monetize work on other TheHRSoft products. If you dispute any payment made or withheld relating to your use of the Services, or, if TheHRSoft terminates your Account and you dispute your termination, you must notify TheHRSoft within 30 days of any such payment, non-payment, or termination by submitting an appeal . If you do not, any claim related to the disputed payment or your termination is waived.
You may terminate your use of the Services at any time by completing the account cancellation process. Your TheHRSoft Account will be considered terminated within 10 business days of TheHRSoft 's receipt of your notice. If you terminate your Account and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to the payment provisions, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services. Any balance reflected in your Account below the applicable threshold will remain unpaid.
You authorize theHRsoft to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize theHRsoft to conduct such tests without notice.
8. Monetization Policy
Staffing Agencies / Individual Freelance must have very neat and clean background, not any offence against regional, national or international law.
You must have to upload on two government issued ID as per given list by TheHRSoft.
9. Payment Policy
TheHRSoft’s customer/client (Employer) can use TheHRSoft’s registered Staffing Agencies / Individual Freelance services and they have complete freedom to decide the professional fees to open any requisition for an external support through Staffing Agencies / Individual Freelance service, the professional fees pay to TheHRSoft in advance through payment gateway.
Once the requisition is live on our system and open to the Staffing Agencies / Individual Freelances and Staffing Agencies / Individual Freelances work on it and submit the relevant CVs against it, TheHRSoft will pay 30% of the disclosed fees by the requisition owner (Employer) against the published requisition after CVs shortlisted by requisition owner (Employer). If the number of positions is more than 1 and selection, CVs shortlisting’s also more than 1, the respective fees will be distributed equally to all Staffing Agencies / Individual Freelances whose CVs has been shortlisted by requisition owner (Employer)
As the Employer’s selection process progressed well TheHRSoft will pay remaining 30% of the fees mentioned by requisition owner (Employer) the requisition after offer released by requisition owner (Employer). If the number of positions is more than 1 and selection, offer release also more than 1, the respective fees will be equally distributed to all Staffing Agencies / Individual Freelances whose Candidates has been selected for offer letter released by the requisition owner (Employer) or customers/clients HR and accepted by the job seeker or seekers,
As a website dedicated to job seekers, employees, employers, and Head-Hunters we collect a variety of personal data necessary to provide services in a secure and highly confidential database accessible only by our employees. We treat personal data in a manner consistent with the requirements of US privacy laws and EU General Data Protection Regulation as well as in compliance with the local legislation of the territories where the data is processed.
We collect your data such as your contact details, professional experience, and professional plans based on your explicit consent which you may submit through this website. We do not collect and retain any personal data of mere visitors to our website other than cookies. All data subjects have the following rights: to access and adjust personal data, to file a written, motivated request to cease processing or to object against processing of personal data, and the right to withdraw consent at any time. We process your data for the period of providing services to you and/or to our clients. If you granted us consent to process your data but decided that you no longer want your data to be processed please reach out to our Data Protection Officer at [email@example.com] Data subjects are also entitled to lodge a complaint with respective supervisory authority.
We retain the data for the duration of services provided to you and for the duration of your active user account with us.
Our records may include your: personal address and contact details; marital status; educational background; job application; past and/or current CV; areas of expertise and interests; details of expected compensation/fees; comments and communication.
We obtain the content of our records directly from you.
The data collected is encrypted, controlled and securely stored on our IT Systems internally administered by us in Ohio, USA.
Our systems are constantly monitored and have restricted access granted only to our own employees and consultants. The data stored within our IT systems is shared with our global network of offices under a Data Control and Processing Agreement that contains Standard Contractual Clauses.
We share the data as consented by you.
To prevent unauthorised access, maintain accuracy of data and ensure proper use of information, we put in place appropriate physical, electronic and managerial security procedures to safeguard all information collected online. All sections of the website in which personal information is submitted or exchanged employ industry standard SSL encryption and are authenticated by DigiCert.
We constantly train our associates on data protection related matters and frequently review our policies and systems in place in order to make sure that we process personal data with the highest standards of professional care and legal compliance.
Date of last revision: [January 27], 2021
If you have any questions about your personal information, please e-mail us at firstname.lastname@example.org
If you do not accept the use of these cookies please disable them by following the instructions in http://www.allaboutcookies.org/manage-cookies/ or by changing your browser settings.
We may use necessary cookies which are essential to navigate our website and its features; functionality cookies to remember the choices you make; and performance cookies which collect information about how you use the website.
We do not collect and/or retain any personal data or any other information that may allow us to identify you through cookies.
You may control cookies by erasing them from your device, blocking all cookies, and receiving an alert when a cookie is stored on your device. You may learn more by visiting this website , which is external to our website and commonly used and recommended as an independent source of knowledge about cookies: www.allaboutcookies.org. Please note that we are not responsible for the content of the www.allaboutcookies.org and we accept no liability for your personal decisions about how to deal with cookies.
Thank you for using theHRsoft, where the world’s professionals come together to find jobs, find manpower, work on HR ATS Software, and build productive relationships. The content that you contribute to theHRsoft should be professionally relevant and meant to contribute to the theHRsoft community in a constructive manner. Together we can make our community a place where everyone is respectful, compassionate, and honest, which, in turn, creates economic opportunity for everyone.
These Community Policies continually evolve to ensure our members have a safe, trusted, and professional experience on theHRsoft.
We periodically update our Professional Community Policies to ensure that the millions of conversations taking place each day on our services help our members be more productive, successful, and free of inappropriate and unwanted content or behaviour.
We require content /resume/ jobs ads, etc to be professionally relevant and on topic, such as sharing and gaining expertise; hiring and getting hired; and engaging in actions that allow you and others to be more productive and successful.
Do not share content containing sexually explicit material or language (some adult content may be allowed if the intent is clearly educational, medical, scientific, or artistic, and it’s not gratuitously graphic).
Do not interact with others or share content in a way that’s irrelevant, inappropriate, disrespectful, or otherwise inflammatory.
You must comply with all applicable laws, including, for example, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. Do not use theHRsoft to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal products, including drugs.
Respect the intellectual property of others and do not violate the intellectual property rights of others: We respect the intellectual property rights of others. Do not violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license. Visit the theHRsoft Copyright Policy to learn more about how to report copyright infringement. For more information on trademark rules, see our Trademark Policy.
The California Consumer Privacy Act (CCPA), The General Data Protection Regulation (GDPR), and other local privacy acts and regulations set out the principles followed by TheHRSoft when processing your personal data, as it pertains to all services rendered by us.
The intent for which we collect, process and retain your personal data throughout the term of your relationship with us as a user, correlates with the services offered to you and our clients.
Our records include your: personal address and contact details; marital status; educational background; job application; past and/or current CV; areas of expertise and interests; details of expected compensation/fees; comments and communication.
We obtained content of our records either directly from you, or via relevant providers, or during the interaction process you have had with us, with your conveyed consent. The records will be periodically updated in the same manner as they have been collected.
Your personal data is stored on our servers located in USA, controlled by our staff in India, and can be accessed electronically by our global staff from anywhere. We have security measures in place which ensure the confidentiality of the information contained in the database and these security measures are subject to continuous review and upgrade.
Having read the above information I confirm that the above information is clear to me and that: I voluntarily consent to TheHRSoft for the collection, processing, and retention of my personal data as a user of the services*
I consent that TheHRSoft may transfer my personal data between entities, which are controlled by or associated with TheHRSoft globally, as well as to the clients whom have mandated TheHRSoft for its services offered*
I confirm that I have been informed and understand my rights to: access and adjust personal data, file a written, motivated request to cease processing or objection against processing of personal data, and withdraw a consent at any time by submitting written withdrawal to the Data Protection Officer or by email to email@example.com.*
I consent to receiving emails from TheHRSoft, including emails sent using the bulk email providers under their respective Privacy Policies.
This Policy and Content License is an additional agreement between you and TheHRSoft.
By accessing and/or visiting and/or using the website and/or online services of TheHRSoft ("TheHRSoft", "we", “our” or “us") you represent that you have read, understood and at your own discretion accepted to be legally bound by the terms and conditions of this License Agreement (this "Agreement") as a contract between TheHRSoft and yourself as a user (“you”, “User”, “Users” or “your”).
If you are accepting this Agreement on behalf of another entity, you represent and warrant to us that you have full legal authority to enter into this Agreement on behalf of such entity and that you are able to bind such entity to the terms and conditions of this Agreement.
The Content under this agreement means all the content of our website and the services offered on our website, including but not limited to the personal data and information about the users of our services.
Under the License we grant you, you must not:
Immediately after you become aware of any unauthorized access or duplication of any part of the Content, you should promptly notify us. This License does not include any intellectual property that may be depicted in the Content. We make no guarantee that there is no intellectual property depicted in the Content.
You agree that we and our affiliates and partners may, in accordance with data privacy laws, keep records and process of details supplied by you when licensing Content from us. This requires transferring your personal information among various different countries including the United States where our servers are located. You are aware and grant consent that, when transferred, your personal information may be processed in a country that offers less privacy protection than your country.