Hiring Pro Terms and Conditions of Services
The following terms and conditions apply to all companies and their employees who access or use the Hiring Pro System.
For purposes of this Agreement, all references to “you” or “your” shall mean you, the individual or organization that has retained CareerNet for the purpose of recruiting or sourcing applicants using the Hiring Pro System. All references to “CareerNet”, “us” and “we” shall mean all those employed by CareerNet Global Inc., a Florida incorporated and domiciled corporation, and CareerNet Global Ltd., a United Kingdom Limited and domiciled corporation assigned to your organization. The use of the “Parties” shall mean you or your organizations and CareerNet.
CareerNet uses its established proprietary hiring system to match ideal candidates to the positions you require. We named this system Hiring Pro. Our system works to delineate ideal applicants to perform and fit within your particular business culture and environment. These applicants are sourced through a variety of means both external and internal. In order to meet these standards and bring you the best available and qualified candidates, the Hiring Pro System and CareerNet employees assigned to you and your organization rely upon the accuracy of your statements and information and also rely upon your communication in our recruiting efforts for you. We expect, as do you, that information exchanged between us is accurate and that any amendments or changes to that information be shared with us timely. CareerNet will not assume any liabilities due to inaccurate information or lack of communication or lack of timely response by organizations using the Hiring Pro System. For the purposes of this agreement “Information” shall mean accurate communication and data by and among the parties, and by you or us in communication with applicants.
2. Job Descriptions and use of the Hiring Pro System
You agree to provide CareerNet with accurate job descriptions for current job or employment openings. CareerNet may use this job description in the form provided or, with your approval, edit or amend the description provided in order to better source qualified candidates to fill your job or employment openings. You further agree and consent that CareerNet may differentiate those candidates by using qualification questions created specifically for your job openings. CareerNet may ask for your assistance in creating these questions but will not require your approval to create and post them as qualifiers in sourcing applicants. CareerNet may also amend your job descriptions to improve the numbers and quality of applicant responses for the benefit of your Company. CareerNet may also use some or all of your job description language in the future for other companies’ job descriptions.
CareerNet may offer suggestions, recommendations, or information to you that may support or improve your experience using the CareerNet Hiring Pro System. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion.
As an employer, you are responsible for your use of the Hiring Pro System and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. CareerNet assumes no responsibility and disclaims all liability for any actions you take based on any information provided by you or CareerNet.
When you view, send, store or receive materials (including job descriptions, resumes, and messages) or a CareerNet employee does so on your behalf through or using the Hiring Pro System, CareerNet may, for example, use such materials for data analysis, quality control, or to refine the Hiring Pro System or any other CareerNet product or service (including to provide better search results and other listings for applicants and employers), whether via automated means or otherwise.
3. Job Posting External Distribution
CareerNet may, through its web sites and job board affiliates, elect to post jobs to more than 20 unique job boards. Each job board has its own unique limitations and requirements when accepting your job description(s). CareerNet will use its best efforts to meet these unique requirements but is not responsible for additional amendments by you or by CareerNet or requirements of the unique job board or applicant site that may limit, deny, or remove your listing from an affiliates’ job board.
CareerNet is not responsible for and disclaims all liability if your job description is used improperly by a third party gaining access to your job description by virtue of our recruiting efforts or by virtue of actions taken by a job board affiliate. The job board listing and applicant matching business is large, robust, and automated. We cannot reasonably monitor this activity, nor can you rely on us to do so. As such, your posted job description(s) through CareerNet may contain additional language requiring the limitation of its use by unauthorized parties.
4. CareerNet Emails to You
By using the CareerNet Hiring Pro System, you agree to receive email updates from CareerNet of any sort relating to your job description(s), recruiting, future recruiting, and services which may support your recruiting, training, employee retention and employee services efforts.
The domain name for CareerNet employees will only be @careernet.com. CareerNet is aware that other organizations may use domain names in their email addresses that include the name mark “CAREERNET” as part of their email address. These are unauthorized individuals using the CareerNet name without approval. CareerNet will not be held responsible or liable for any communications you or your employees engage in outside of the @careernet.com domain email.
In some instances, multiple CareerNet employees may be assigned to your account, and you acknowledge that you may receive email communications from multiple careernet.com accounts. Each will have @careernet.com as part their address. No other emails received by you regarding your job description are approved by CareerNet.
You represent to CareerNet that you or certain members of your Company using the CareerNet Hiring Pro System are authorized representatives of your Company and may communicate with CareerNet by email. CareerNet may require you provide us with a list of approved contacts who are employed by your business and share your organization’s domain name within their emails to us.
You further agree to indemnify and hold harmless CareerNet from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of your contact information across third party or affiliate websites, including any purchases made under your account. You agree that CareerNet assumes no liability regarding the accuracy of the statements you make independently of the CareerNet Hiring Pro System as relates to applicants provided to you by CareerNet.
5. CareerNet Emails to Applicants who Respond to Your Job Description(s)
The Hiring Pro System sends emails to applicants who respond to your job descriptions. Emails may be automated or written specifically by CareerNet employees assigned to your organization and its use of the Hiring Pro System. You agree that CareerNet may send notices to applicants interested in, or who respond to, your job description. These emails may include any information CareerNet believes will advance your recruiting success.
You agree that CareerNet may send notices to applicants informing them that an account related to your job listing has been compromised, including if such account is associated with you. CareerNet cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that CareerNet bears no responsibility for doing or not doing so. CareerNet makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
Importantly, CareerNet may, through emails to applicants, inform an applicant that you have taken an action, for example, with regards to a job description and you hereby consent to CareerNet taking such actions. These actions may include but are not limited to: declining applicants, closing job openings, cancelling interviews or changing pre-qualification requirements or questions.
CareerNet, further, does not guarantee delivery of emails, your receipt of an applicant’s emails nor delivery of your materials to the applicant whether by email from CareerNet or email from your company servers or any other name server including but not limited to @gmail.com, @aol.com, @outlook.com or other web based emails. Mistakes in the transmission, filter or storage of the related emails or data is not under the direct control of CareerNet and as such you are solely responsible for checking your inboxes to view job applicants and other information.
You agree and acknowledge that any notifications, such as emails, that you may receive about applicants or concerning any other recruiting or training activities from other organizations are not approved by CareerNet and therefor CareerNet assumes no liability as to their accuracy unless they originate from an @careernet.com name server from a CareerNet employee assigned to you.
6. Employer Services, Including CareerNet Applicants and Screener Questions
You also agree that, as a service to applicants, CareerNet may activate its CareerNet Hiring Pro System functions for use in connection with your job descriptions, and that any applicants who wish to indicate an interest in such job description(s) may only do so through CareerNet Hiring Pro System, and that CareerNet will send CareerNet qualified applicants and their applications to the email address(es) you provide us with. CareerNet uses a proprietary collection/group of candidate management tools as part of its applicant qualification process.
You agree that by using such candidate management tools, you are instructing CareerNet to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses, skills assessment responses, video interviews, video recordings of interviews, and other information you provide to or request of CareerNet into one or more files for your review and for CareerNet’s review and storage. You further agree that CareerNet is not responsible for maintaining or storing such application materials on your behalf, and that you are responsible for your own compliance with any applicable record retention requirements once applicant(s) information is delivered to you by CareerNet.
You are responsible for the content of your emails, application form, screener questions or their format, company pages that you create, any job descriptions that you post separately from those you deliver to CareerNet. We do not require, nor do we expect exclusivity of your job listings. However, we are not responsible for any matters, legal or otherwise, created by your efforts or efforts of additional affiliates you may retain in recruiting for the same position. We consider these efforts to be independent from our own efforts in recruiting for the position(s) you engage us to fill and CareerNet is not responsible for your recruiting efforts or actions which are independent of our own. In connection with our services, and any messages that you send or that CareerNet sends on your behalf as part of its use of the Hiring Pro System to applicants or others as may be your need, you agree that CareerNet is not responsible for such content or information you provide and CareerNet disclaims all liability for such content or information, including as to whether such content is legal. You agree that CareerNet may reject or remove any job description, any part of a job description, or any questions for any or no reason. You will be given reasonable opportunity to discuss these changes in advance of actions taken by CareerNet. Please review your responsibilities to communicate in Paragraph 1, Paragraph 4, and Paragraph 10.
Upon acceptance of first payment for CareerNet Hiring Pro services by CareerNet, you agree that your company is responsible for the full payment and ensuing payments as described in the CareerNet Hiring Pro pricing page attached as Appendix A and located here: https://enterprise.careernet.com/hire-pro-pricing/.
Change of Address or Credit Card Information: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same CareerNet pricing policies you agreed to upon initial payment.
Any additional amounts due in Levels 1 (Quick Solution), 2 (Grow) or 3 (Enterprise) of the CareerNet Hiring Pro pricing, which are automatic once certain resources and thresholds are exceeded, will be charged at that higher rate beginning the next business day following your written request to increase the services or service thresholds. Should the change in service only relate to job recruiting numbers, the higher rate will be pro-rata for the remainder of your billing cycle. You hereby agree that you will be bound by this Agreement with the applicable CareerNet party identified in the first paragraph of this Agreement. CareerNet will use its best efforts to notify your company of the increase in required CareerNet resources, and thereby pricing, prior to any adjustments in billing rates. You acknowledge that you have agreed to any increases Levels 1 (Quick Solution), 2 (Grow) and 3 (Enterprise), as described in the attached Appendix A and within the following page https://enterprise.careernet.com/hire-pro-pricing/ and that you have taken responsibility to review and understand the pricing policy, including chat, email or voice discussions with CareerNet professionals. You further agree that your initial payment is verification of this knowledge and your understanding of these billing terms.
If your CareerNet account has a credit card on file to pay for one CareerNet product or service, you authorize that CareerNet may charge that card for any additional products or services you order at the rates which appear on the following page, https://enterprise.careernet.com/hire-pro-pricing/, such rates are subject to change. You will be notified of such changes if you are currently a paying client of CareerNet.
To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any CareerNet product, CareerNet reserves the right to suspend or terminate your use of that CareerNet product as well as any other CareerNet product, including but not limited to those CareerNet products where you do not have an unpaid invoice or account balance. CareerNet may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law in the applicable jurisdiction, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees CareerNet incurs collecting such late payments.
8. Applicant Behavior
You agree that CareerNet may take action to try to identify and reduce spam applications, and that one method of doing so may include job questions specific to your company or industry or in certain cases at your sole request imposing a cover letter requirement for such applicants. There are other proprietary methods CareerNet uses in its efforts to combat spam and click to apply functionality. CareerNet does not know an applicant’s motivation for applying to your job description, and thus will use considerable efforts to filter inaccurate applications from accurate applications. However, CareerNet provides no guarantee as to the applicant’s qualifications or interest in your job description other than those qualifications which may be reasonably screened through the Hiring Pro System.
You agree CareerNet’s recruitment functions are presented to you without warranty to a specific applicant and CareerNet assumes no responsibility for the communications between you and the applicant once presented to you, which communications are yours and the applicant’s sole responsibility.
9. Information Provided by CareerNet on its sites or through Email or Social Media.
CareerNet may provide some information and content to users, followers, subscribers, or potential applicants for informational purposes only on its blogs, through social media accounts, by newsletter or text. For example, but without limitation, CareerNet may provide applicants with data regarding estimated salaries for a given job description or the number of applicants to a job description in blogs or newsletters or emails, along with any information or content CareerNet may believe or determine to be useful for its applicants, readers, or potential applicants. All such content provided by CareerNet in such formats or delivery platforms are for informational purposes only, and they are subject to change and may vary in levels of accuracy when reviewed at different times by readers of CareerNet content following such posting. Should you discover or believe information concerning your company as described in CareerNet blogs, newsletters or emails to be inaccurate, it is your responsibility to notify CareerNet of the perceived error and request that the content be amended or corrected.
10. Qualification Tools, Assessments and Job Skills Testing
CareerNet uses screening tools and provides the results of those applicants’ screenings to you, when applicable, prior to, during and after the application process, including qualification questions, benchmarked assessments specific to your company and the position you are hiring for, and job skills tests.
Upon agreeing to these Terms and Conditions you authorize CareerNet to use its Hiring Pro System and screening tools and solely make the determinations to use any resulting screening results in your recruiting process. These tools may include the application process, pre-qualification questions, assessments and skills tests administered to your applicants under standards set solely by CareerNet. You hereby agree to these standards but further that you will inform CareerNet promptly (within 1 business day) should you have concerns about these standards, in which case CareerNet will uses its best efforts to address your concerns. If you decline to use any CareerNet qualification tools or services, decline to use CareerNet’s suggested qualification questions format or do not respond to CareerNet’s inquiries concerning your job descriptions and pre-qualification questions as may be directed to your organization, you are assuming full responsibility for the results of your hiring decisions and process.
You further agree that you are the sole party to authorize and determine which answers will qualify a candidate. By way of example, while CareerNet’s applicant pre-qualification process may include our designed and recommended, substantive questions, ultimately such qualification questions shall be deemed your questions and are not being asked by CareerNet. You are solely responsible for your use of the Hiring Pro System including any results which are considered to have a “disparate impact.” You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law.
While CareerNet is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, CareerNet does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify CareerNet for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that such screening tool results in a “disparate impact.
11. Communication with CareerNet or Applicants Sourced by CareerNet
You may receive messages, emails or email notifications corresponding with your or an applicant’s activity on or use of the CareerNet Hiring Pro System. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview an applicant, it is your responsibility to follow up with the applicant separately to ensure they know about the interview and that you do not rely on notifications through CareerNet. CareerNet 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.
With your approval, CareerNet may use your email address to create an alias email address for your communication in lieu of displaying your actual email address to an applicant. Once an applicant has your contact info, you agree that CareerNet is not responsible or liable for the manner in which the applicant uses the information.
If you request that CareerNet send or receive communication on or through the Hiring Pro System on your behalf, you agree to this communication being processed, analyzed, reviewed, and stored, including via automated means for data analysis, quality control, enforcement of the Hiring Pro Systems’ rules and other CareerNet policies, content moderation, and to improve the CareerNet services offerings or any other CareerNet product.
12. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Hiring Pro System will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of State of Florida, if you are located in the United States; the laws of England and Wales if you are supported primarily by CareerNet’s UK office.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from CareerNet. If you intend to propound discovery seeking user information from CareerNet Inc., you agree to do so pursuant to a valid federal or the laws of the State of Florida. You further agree to submit to the personal jurisdiction of the appropriate Florida state or federal courts for such discovery proceedings.
If you are located in the United States, you also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Hiring Pro System or these terms of service.
If a dispute arises, either party may demand arbitration in Miami-Dade County, State of Florida, in front of an arbitrator mutually agreed upon by the parties.
13. Class Action Waiver
By using the Hiring Pro System and in return for the services offered by CareerNet, you acknowledge that CareerNet can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the CareerNet Hiring Pro System and these services, you agree not to sue CareerNet 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 CareerNet regarding your use of the Hiring Pro System. If you do not agree to any part of these terms, do not continue your use of the Hiring Pro System. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court in Miami-Dade, State of Florida, subject to the preceding arbitration provision.
You shall indemnify, defend and hold harmless CareerNet, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Hiring Pro System or any CareerNet product, program, or service; (c) your loss of, or disclosure of, information gained from using the Hiring Pro System or any CareerNet product, program, or service; (d) your violation of any laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or applicant; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of CareerNet products and services, such as, but not limited to: facilitating your sourcing activities or tracking the conversion rates of applicant through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Hiring Pro System or any CareerNet product, program, or service
The Agency does not discriminate in the acceptance or referral of Candidates based on race, color, religion, sex, age, national origin, marital status, disability, or any other protected characteristics.