If you are engaging in this Service on behalf of a company, you consent that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company. Upon acceptance, the following binding contract is configured between ApplicantPro and the company (client) in accordance with the terms and conditions of this Agreement. You agree not to commit or hearten any violation of the Agreement between ApplicantPro and the company.
If you are entering into this Agreement on behalf of your company, the term “Client” represents your company including all of its employees.
If you are entering into this agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term “Client” refers to you.
Please read through the following conditions carefully before committing to its terms by signing below.
Term of Agreement and Reinstatement
ApplicantPro is provided in monthly or annual increments determined by the client. If client is participating in ApplicantPro’s free 30-Day Trial, this Agreement lasts 30 days from date of Service Authorization. If after the 30-Day trial, client chooses not to purchase the ApplicantPro system, all uses of the Software Service will cease immediately including documentation.
Termination of Agreement
Either ApplicantPro or client may terminate this Agreement via written notice at anytime.
Upon termination the following conditions apply:
- Client may retrieve a copy of the data hosted by ApplicantPro,
- Client must cease all use of the Software excluding the retrieval of data collected as denoted previously, and
- ApplicantPro may disable all other sections of the Software for which the Client’s rights have expired or which have been terminated.
This agreement, after execution, shall remain in force for 1 year, and it shall be renewed upon expiration in 1-year increments, unless cancelled by action of either party, by submitting a request in writing 30 days before expiration, requesting termination of the agreement.
Software User Management Rights
Throughout the term of this Contract, ApplicantPro grants this client with a limited, non- exclusive, and non-transferrable right to access and use its trademark ApplicantPro hosted software products and corresponding documentation via web browser for client’s internal business use ONLY. ApplicantPro is made available to client as a secure, hosted service. ApplicantPro hosts and maintains physical control over the Software and makes accessible and operational by client via Internet Web-browser. ApplicantPro is not obligated to provide or make available any Software computer code to client at any time. Client may not lease, distribute, rent, or resell ApplicantPro software, or use the Software as the foundation of for creating a competitive solution, or remove or modify any of the logos, trademark, confidentiality or any other denotations that appear in the software.
ApplicantPro utilizes RackSpace virtual hosting with an enterprise-grade hardware firewall to protect the integrity of data hosted constructing a PCI compliant environment.
Client will adhere to all pricing arrangements assembled and agreed upon by Client and ApplicantPro. Client will select appropriate pre-paid annual or pre-paid monthly licensing fees. Payment is due from the Client upon receipt of the invoice from ApplicantPro. If payment is not received in a timely and appropriate manner, ApplicantPro reserves the right to disable Client’s account at any time until payment has been received in full. Payment can be made via active corporate credit card (utilizing a secure SSL server) or via check, mailed to ApplicantPro directly. ApplicantPro will cancel or process a refund for any unused portion of your service upon request.
Client owns all right, title and interest to all data collected via employees or job applicants. ApplicantPro retains all right, title and interest in and to:
- Software, documentation for the software as well as any adaptations or Software upgrades, regardless of the source of motivation for modification regardless of input from Client.
- Any and all performance data collected used to enhance ApplicantPro for business purposes assuming that the information used doesn’t reveal Client’s identity or any personal/identity candidate information that belongs to Client.
Limitation of Liability
This Agreement constitutes the entire agreement of the parties. The parties agree any actions brought to enforce this Agreement will be pursuant to the laws of the State of Utah.