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Terms & Conditions

(“Agreement”) constitute a legally binding contract between you (“User,” “Client,” or “You”) and ABC Hiring Services LLC (“ABC Hiring,” “Company,” “We,” or “Us”). By accessing our website or utilizing our services, you agree to be bound by the entirety of this Agreement.

1. ELIGIBILITY AND ACCOUNT USAGE

  • Contractual Capacity: You may use our services only if you can form a binding contract under applicable law. If you use the services on behalf of an entity, you represent and warrant that you are an authorized representative with the authority to bind that entity to this Agreement.
  • Account Accuracy: You must provide accurate, current, and complete information. You are solely responsible for all activity on your account and must keep your credentials secure. ABC Hiring will not be liable for any losses caused by unauthorized use of your account.
  • License to Use: We grant you a non-exclusive, limited, non-transferable, and freely revocable license to use our services for your internal business or personal use, subject to the features of the services and these terms.

2. SERVICE RULES AND PROHIBITIONS

You agree not to engage in prohibited activities, including but not limited to:

  • Automated Access: Using “robots,” “spiders,” or “offline readers” to access the services or engage in “scraping.”
  • System Integrity: Interfering with server security, transmitting viruses, or imposing a disproportionately large load on our infrastructure.
  • Unauthorized Use: Accessing content through any technology other than those authorized by ABC Hiring or bypassing measures intended to restrict access.
  • Communications: Sending unsolicited messages (spam), chain letters, or impersonating others to conduct fraud.

3. EMPLOYMENT AND NON-CIRCUMVENTION

  • Exclusivity: The only valid employment or engagement contract with a candidate presented by ABC Hiring is through ABC Hiring Services LLC. No other agreement with a presented candidate is active while these terms are accepted.
  • Waiting Period: Upon termination of this Agreement, you agree not to directly or indirectly hire or engage any candidate presented by ABC Hiring for a period of one
    (1) year.
  • Buyout Fee: If a new contract is celebrated between you and any candidate presented by ABC Hiring before the one-year waiting period expires, you shall pay a fee equal to one (1) year of the candidate’s salary (calculated at the rate hired through ABC Hiring).

4. FEES, INVOICING, AND SETTLEMENT

  • Weekly Payment Basis: By accepting these terms, you are actively opting into our services. Invoices are delivered directly to your designated email inbox on a weekly basis.
  • Obligation to Settle: You are obligated to promptly settle all invoices dispatched to you. Failure to settle invoices may result in the immediate suspension or termination of services.
  • Chargeback and Dispute Waiver: Client agrees to waive the right to dispute or “chargeback” charges for hours worked that have been approved by the Client. All disputes regarding hours must be submitted in writing prior to the processing of the weekly invoice.
  • Absence Reimbursement: Third-party talent may be eligible for monthly reimbursement for approved absent or off days, calculated pro-rata. Prior approval through designated company channels is mandatory; failure to follow this process may result in forfeiture of reimbursement.
  • Refund Policy: Services are provided on a “Paid-as-Used” basis. All payments are non-refundable unless otherwise required by law.

5. TALENT PERFORMANCE & CONFIDENTIALITY

  • Satisfaction & Replacement: If a Client is dissatisfied with the performance of a Talent, Client must provide written notice to ABC Hiring. ABC Hiring will use commercially reasonable efforts to provide a replacement candidate, subject to the terms of the applicable Service Order.
  • Confidentiality: Both parties agree to maintain the confidentiality of all proprietary information, trade secrets, and internal business processes disclosed during the term of this Agreement. Client acknowledges that Talent may be required to sign a separate Non-Disclosure Agreement directly with the Client if requested.

6. PRIVACY, DATA STORAGE, AND SECURITY

  • Storage and Processing: Your information may be stored and processed in the United States or any other country where ABC Hiring or its service providers maintain facilities.
  • Security Acknowledgment: ABC Hiring uses commercially reasonable safeguards to protect your data. However, we cannot guarantee that unauthorized third parties will never defeat our security measures. You acknowledge that you provide your personal information at your own risk.
  • Business Transition: In the event of a merger, reorganization, financing, change of control, or sale of our business, your personal information may be transferred as part of that transaction.

7. THIRD-PARTY LINKS AND SERVICES

  • Third-Party Reliance: To fulfill requests, we may share information with third parties (e.g., vendors or processors). We are not responsible for the data collection and use practices of these third parties.
  • External Links: Our services may contain links to third-party sites. You access these at your own risk. ABC Hiring does not endorse or assume responsibility for any
    third-party information or products.

8. PROPRIETARY RIGHTS

All content provided through the services—including software, images, text, and logos—is the exclusive property of ABC Hiring Services LLC. You agree not to sell, license, modify, or create derivative works from any ABC Hiring content. Any feedback or “Ideas” submitted are provided gratuitously, and ABC Hiring is free to use them without compensation.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ABC Hiring and its affiliates from all claims, damages, and expenses (including attorney’s fees) arising from: (1) your use of the services; (2) your violation of this Agreement; (3) your violation of any third-party right; (4) your violation of any applicable law; or (5) your willful misconduct.

10. NO WARRANTY AND LIMITATION OF LIABILITY

  • “As-Is” Basis: The service is provided “as is” without warranties of any kind. ABC Hiring does not guarantee that the service will meet your expectations or be uninterrupted.
  • Liability Cap: To the maximum extent permitted by law, ABC Hiring’s total liability shall not exceed the amount you paid to ABC Hiring hereunder or $100.00, whichever is greater.

11. GOVERNING LAW AND DISPUTE RESOLUTION

  • Governing Law: This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.
  • Dispute Resolution: Any dispute that cannot be resolved informally within 60 days shall be settled by binding arbitration. You agree to submit to the personal jurisdiction of the federal and state courts located in Florida.
  • Class Action/Jury Trial Waiver: All claims must be brought in the parties’ individual capacity. You waive the right to a trial by jury or to participate in a class-action or representative proceeding.

12. GENERAL TERMS

Assignment: You may not transfer or assign this Agreement. ABC Hiring may assign it without restriction.

  • Changes: We reserve the right to modify these terms at any time. Continued use of the services after such changes constitutes acceptance of the updated Agreement.
  • Contact: Questions regarding this agreement should be sent to:
    abc@abchiring.com