Terms & Conditions
Eligibility
This is a contract between you and ABCHiring LLC. You must read and agree to these terms before using the services. If you do not agree, you may not use the services. You may use the services only if you can form a binding contract with ABCHiring LLC, and only in compliance with this agreement and all applicable local, state, national, and international laws, rules, and regulations.
ABC Hiring Services
Subject to the terms and conditions of this agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the services for your personal, noncommercial use only and as permitted by the features of the services. ABCHiring LLC reserves all rights not expressly granted herein in the services and the ABCHiring LLC content (as defined below). ABCHiring LLC may terminate this license at any time for any reason or no reason.
ABC Hiring Experts
Your ABCHiring account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of users. If you open an ABCHiring LLC account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this agreement, and that you agree to this agreement on the entity’s behalf. By connecting to ABCHiring LLC with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
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You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Services or our termination of this agreement. You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You must notify ABCHiring LLC immediately of any breach of security or unauthorized use of your account. ABCHiring LLC will not be liable for any losses caused by any unauthorized use of your account.
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By providing ABCHiring LLC your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to the features of the services and special offers. If you do not want to receive such email messages, you may opt out by unsubscribing. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Services Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the services (except that ABCHiring grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from abc@abchiring.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the services; (vii) collecting or harvesting any personally identifiable information, including account names, from the services; (viii) using the services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the services; (xi) accessing any content on the services through any technology or means other than those provided or authorized by the services; or (xii) bypassing the measures we may use to prevent or restrict access to the services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content therein.
We may, without prior notice, change the services; stop providing the services or features of the services, to you or to users generally; or create usage limits for the services. We may permanently or temporarily terminate or suspend your access to the services without notice and liability for any reason, including if in our sole determination, you violate any provision of this agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this agreement.
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You are solely responsible for your interactions with other users. We reserve the right but have no obligation, to monitor disputes between you and other users. ABCHiring LLC shall have no liability for your interactions with other users, or for any user’s action or inaction.
Employment
You agree that the only valid employment contract with the applicant is through ABCHiring LLC, no other agreement between you and any candidate presented by ABCHiring LLC shall be considered active while these terms and conditions are accepted, and in the case of the termination of this agreement, any other contract celebrated between you and any candidate presented by ABCHiring LLC shall be considered active after one (1) year of the termination of the current agreement with ABCHiring LLC You will not attempt to directly or indirectly hire any of the candidates presented by ABCHiring unless with the ABCHiring LLC written concept. In the case that a new contract is celebrated between you and any candidate presented by ABCHiring LLC before the one (1) year of waiting period described above you shall paid a fee of one (1) year of salary. This salary will be the amount hired for the applicant contracted trough ABCHiring LLC .
Our proprietary rights
The services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “ABCHiring Content”), and all intellectual property rights related thereto, are the exclusive property of ABCHiring and its licensors, except as explicitly provided herein. Nothing in this agreement shall be deemed to create a license in or under any such Intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ABCHiring content. Use of the ABCHiring content for any purpose not expressly permitted by this agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the services, including without limitation about how to improve the services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place ABCHiring LLC under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ABCHiring LLC does not waive any rights to use similar or related ideas previously known to ABCHiring, or developed by its employees, or obtained from sources other than you.
Paid Services
The services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “ABCHiring Content”), and all intellectual property rights related thereto, are the exclusive property of ABCHiring LLC and its licensors, except as explicitly provided herein. Nothing in this agreement shall be deemed to create a license in or under any such Intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ABCHiring content. Use of the ABCHiring content for any purpose not expressly permitted by this agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the services, including without limitation about how to improve the services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place ABCHiring LLC under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ABCHiring LLC does not waive any rights to use similar or related ideas previously known to ABCHiring, or developed by its employees, or obtained from sources other than you.
How we store and protect your information
Storage and processing
Your information collected through our website may be stored and processed in the United States or any other country in which ABCHiring LLC or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which ABCHiring LLC or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
Keeping your information safe
ABCHiring cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our website. However, no security system is invincible and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, ABCHiring LLC will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Children's privacy
ABCHiring does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at abc@abchiring.com
Third party web sites and services
In order to provide our service, it is necessary for us to share your information with third parties (such as restaurants, travel agencies, retail merchants, etc) who help us provide our services to you, because of the magic nature of our service, you may not know the identity of the third-party vendor or service provider we share your personal information with in order to fulfill your request until your request has been fulfilled. We do our best to work with only reputable service providers, but we are not responsible for the data collection and use practices of these third-party services. By electing to use our service, you agree that we may share your personal information with these service providers for the purpose of fulfilling your request.
Our website may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from our website and your interactions with any third-party website or service are subject to that third party’s own rules and policies.
Privacy and change of control
In the event ABCHiring LLC goes through a business transition, such as a merger, reorganization, financing, change of control, or acquisition or sale of all or a portion of our business, we may transfer your personal information as part of the transaction.
Changes to our privacy policy
By using our service, you consent to the collection, use and storage of your information by us in the manner described in this privacy policy. We reserve the right to make changes to this privacy policy from time to time. If this privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.
Your comments are appreciated
If you have any questions or comments regarding our privacy policy or our website, you can send us an email at abc@abchiring.com
Security
ABCHiring cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. you acknowledge that you provide your personal information at your own risk.
Third-Party Links and Information
The services may contain link to third-party materials that are not owned or controlled by ABCHiring LLC. ABCHiring does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services, if you access a third-party website or service from the ABCHiring website, you do so at your own risk, and you understand that this agreement and ABCHiring LLC's privacy policy do not apply to your use of such sites. You expressly relieve ABCHiring LLC from any and all liability arising from your use of any third-party websites, service or content. Additionally, your dealings with or participation in promotions of advertisers found on the services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ABCHiring shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless ABCHiring LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the services, including any data or content transmitted or received by you; (2) your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights, and any rights of third party providers; (4) your violation of any applicable law, rule or regulation; (5) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (6) your willful misconduct; or (7) any other party’s access and use of the services with your unique username, password or other appropriate security code.
No Warranty
The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from ABCHiring or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, ABCHiring, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements, that the service will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected; that any request will be met satisfactorily or at all; or that the service is free of viruses of others harmful components. Ant content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that returns from such download or your use of the service.
ABCHiring does not guarantee the suitability, safety, or ability of any third-party provider, nor that any such third-party provider will meet your requirements of expectations. ABCHiring LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the ABCHiring service or any hyperlinked website or service, and ABCHiring will not be a party to or in any way monitor any transaction between you and providers of such third-party products or services.
Federal law, some states provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have others rights which vary from State to State. The disclaims and exclusions under this agreement will not apply to the extent prohibited by applicable law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall ABCHiring LLC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or their intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will ABCHiring LLC be responsible for any damage. Loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, ABCHiring LLC assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of requests for content; (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (3) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (4) Any interruption or cessation of transmission to or from the service; (5) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third-party; (6) Any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (7) The defamatory, offensive, or illegal conduct of any third-party; and/or (8) Any transaction or relationship between you and any third-party provider. In no event shall ABCHiring LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to ABCHiring LLC hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ABCHiring LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal right, and you may also have other rights which vary from State to State. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The services are controlled and operated from facilities in the United States. ABCHiring LLC makes no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the services are solely directed to individuals, companies, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law. You agree that: (1) the services shall be deemed solely based in California; and (2) the services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ABCHiring LLC. For any dispute with ABCHiring LLC, you agree to first contact us at abc@abchiring.com and attempt to resolve the dispute with us informally. In the unlikely event that ABCHiring LLC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and ABCHiring LLC agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the services for non-commercial purposes: (1) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (2) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (3) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing ABCHiring from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless, we agree otherwise, the arbitration may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and ABCHiring are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
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Reimbursement for Absent or Off Days
1. The Third-party is eligible for monthly reimbursement for approved absent or off days.
2. Reimbursement will be calculated on a pro-rata basis, considering the total number of working days in a month.
3. To qualify for reimbursement, consultants must obtain prior approval for their absence through the designated channels.
4. The reimbursement will be processed every end of the month.
5. Failure to follow the company's absence approval process may result in the forfeiture of reimbursement for the corresponding period.
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Invoice Delivery and Settlement
Upon acceptance of our terms, you are actively opting into our services. Subsequently, we will deliver your invoices directly to your designated email inbox. It is imperative to acknowledge that by agreeing to these terms, you are obligating yourself to promptly settle the invoices dispatched to you.
General
A. Assignment. This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ABCHiring LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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B. Notification procedures and changes to the agreement. ABCHiring LLC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ABCHiring in our sole discretion. ABCHiring LLC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this agreement. ABCHiring LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. ABCHiring LLC may, in its sole discretion, modify or update this agreement from time to time, and so you should review this page periodically. When we change the agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms & Conditions. If you do not agree to any of these terms or any future Terms & Conditions, do not use or access (or continue to access) the Services.\n
C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with ABCHiring in connection with the services, shall constitute the entire agreement between you and ABCHiring LLC concerning the services. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and ABCHiring LLC's failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
E. Contact. Please contact us at abc@abchiring.com with any questions regarding this agreement.
This agreement was last modified on March 11, 2024.
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