These Terms of Use (or 'Terms') govern your use of Jobsmight, except where we expressly state that separate terms (and not these) apply, and provide information about the Jobsmight Service (the 'Service'), outlined below. By creating a Jobsmight account or using Jobsmight, you agree to these terms. Jobsmight operates as a technology company aimed at facilitating talent exchange and enhancing the hiring process, rather than a staffing firm. As such, it does not engage in staffing or employment services. Jobsmight's role is to provide a platform for Clients to connect with potential candidates and streamline the hiring process.
The Jobsmight Vendor Management System (VMS) is one of the Jobsmight Products, provided to you by Jobsmight. These Terms of Use therefore constitute an agreement between you and Jobsmight.
Arbitration Notice
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Jobsmight VMS Service
We agree to provide you with the Jobsmight VMS and access to our pre-approved agency marketplace. The Service encompasses all Jobsmight products, features, applications, services, technologies, and software provided to advance Jobsmight's mission: To bring you closer to fulfilling your contingent staffing needs.
The Service consists of the following aspects:
Warranty
Jobsmight offers a standard placement warranty of 90 days. Jobsmight will offer a full refund or candidate replacement for any employee hired or retained by the Client who leaves within ninety days (90). Your Master Service Agreement (MSA) or corporate agreements do not apply to this Service.
Your Commitments
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use Jobsmight
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions to be part of the Jobsmight VMS Marketplace.
How You Can't Use Jobsmight
Providing a safe and open Service for a broad community requires that we all do our part.
Fostering a positive, inclusive, and safe environment.
Break free from the limitations of local recruitment markets. Jobsmight VMS provides access to a broad and diverse talent pool. Monitor real-time agency performance data and gain valuable market intelligence for benchmarking salaries and recruitment fees.
Developing and using technologies that help us consistently serve our growing community of agency partners and customers.
Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
Providing consistent and seamless experiences across other Jobsmight Company Products.
Jobsmight is part of a network of technology, media, consulting and analytics companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Privacy Policy) to provide services that are better, safer, and more secure. We also provide ways to interact across the Jobsmight Products that you use and design systems to achieve a seamless and consistent experience across the Jobsmight Products depending on your choices.
Ensuring access to our Service.
To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned or operated by Jobsmight or its affiliates.
We use data from Jobsmight, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Jobsmight. Connecting you with brands, products, and services in ways you care about.
Research and innovation.
We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.
How Our Service Is Funded
Instead of paying to use various staffing agencies and suppliers, by using the Service covered by these Terms, you acknowledge that we can show you candidates that businesses and recruiting partners supply Jobsmight to promote on and off Jobsmight Products. We use your company data, such as information about your industry, job descriptions, and location, to pair you with suppliers that are relevant to you and your choice of fees.
Jobsmight approved agency partners will conduct searches for the placement of employees, contractors, consultants, freelancers for the position as specified in job descriptions submitted by the Client and accepted by Jobsmight. Job descriptions will detail the basic responsibilities, title, compensation, reporting relationships, and the education and experience requisite for each position.
Jobsmight will provide automated reports on candidates, verify and facilitate candidate introductions and resumes within the Jobsmight VMS. However, the final decision on interviewing, employment, or retention of candidates rests with the hiring company.
The Client holds the authority to choose the fee structure for each position posted on the Jobsmight marketplace. The Client agrees to remit to Jobsmight a placement fee for every candidate hired or retained that are introduced via Jobsmight. The placement fee will be calculated as a percentage of the candidate's annualized base salary. The fee choices are as follows: 10%, 15%, 20%, 25%, 30%. Estimated placement fees will be displayed on the Customer marketplace listing(s).
Placement fees are payable within NET 30 payment terms once the candidate’s employment is confirmed on their first day with the company or its affiliates. Jobsmight has the authority to collect candidate start dates from the company through the VMS (Vendor Management System) or by directly checking in with agency partners, the candidate, or any combination thereof. Failure to adhere to these payment guidelines will result in the voiding of all Jobsmight warranties.
Candidates not selected for the specific position in the search process may still be considered for other roles within the Client or its affiliates, the Client commits to paying Jobsmight a placement fee equivalent to the annualized salary for any candidates referred by Jobsmight who are subsequently hired or retained by the Client or its affiliates within twenty-four months (24) of the initial referral.
Providing our Service requires collecting and using your information. The Privacy Policy explains how we collect, use, and share information across the Jobsmight Products. You must agree to the Privacy Policy to use Jobsmight.
Permissions You Give to Us
As part of our agreement, you also give us permissions that we need to provide the Service.
However, we need certain legal permissions from you to provide the Service. When you share, post, or upload job content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.
Permission to use your jobs, and information about the jobs to share with our approved partners and affiliates
We must obtain written permission from you to modify, create, decompile, or otherwise attempt to extract source code or data from you. Jobsmight VMS jobs can be seen only by people who have permission to see that content.
You agree that we can download and install updates to the Service on your devices and obtain information from your systems, ATS, or CRM to better our Service.
Additional Rights We Retain
If you create your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). If you use content covered by intellectual property rights that we have and make available in our Service, we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks as expressly permitted by Jobsmight with our prior written permission. You must obtain written permission from us or under an open-source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Jobsmight Community Guidelines), or if we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the Jobsmight Products and Services) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult your Customer Success Associate. When you request to delete content or your account, the deletion process will automatically begin after your request. It may take up to 365 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to Agency Partners, but remains subject to these Terms of Use and our Privacy Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called 'Our Agreement and What Happens if We Disagree' will still apply even after your account is terminated, disabled, or deleted.
Our Agreement and What Happens if We Disagree
Our Agreement
If you use certain other related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use certain payment features, you will be asked to agree to the Jobsmight Payment Terms. If any of those terms conflict with this agreement, those other terms will govern. If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement
Our past, present, and future affiliates and agents, including Jobsmight, can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens
Our Service is provided 'as is,' and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service. Our responsibility for anything that happens on the Service (also called 'liability') is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ('liable') for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months. You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Jobsmight ('claim(s)') must be resolved by arbitration on an individual basis.
Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Jobsmight users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision. Instead of using arbitration, you or we can bring claims in your local 'small claims' court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our policies, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, company name, email address, or phone number you use for your Jobsmight account, and a clear statement that you want to opt out of this arbitration agreement. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address, or phone number you use for your Jobsmight account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be emailed to jobsmight@jobsmight.io, ATTN: Jobsmight Arbitration Filing, along with the name of your Company. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Jobsmight account or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration. We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $65,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in a state court located in Nashville, TN. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. The laws of the State of Tennessee, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
Unsolicited Material
We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.
Sharing This Agreement
You agree to these Terms, which will be effective upon acceptance, and to the provisions listed above. Once accepted by you, these Terms constitute the entire agreement between you and us regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Jobsmight is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jobsmight's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
If you have any questions or concerns about these terms or any other matter, please feel free to reach out to us at jobsmight@jobsmight.io