Terms of Service
Last updated: June 13, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.precedenthr.wpengine.com or www.precedenthr-ats.com websites (the "Service") operated by Precedent HR Inc. ("us", "we", or "our").
- Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
- By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
- “Precedent HR Inc.” or “Precedent HR” [entity]
- “Service” [www.precedentht-ats.com and or any subsequent subdomains]
- If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
- You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
- We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
- We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
- We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
- We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
- Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
- At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Precedent HR Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Precedent HR Inc. customer support team.
- A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Precedent HR Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Precedent HR Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
- The fee(s) or charge(s) associated with the service is billed in advance on a monthly or on an annual basis (subscription) and is non-refundable (the “Service Fee”).
- The Service Fee is exclusive of all taxes, levies, or duties imposed by local, state, and federal taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only those taxes based on the net income of Precedent HR Inc.
- Your subscription will be automatically renewed at the end of each subscription period unless prior - information of your termination is informed to us (Precedent HR Inc.) prior to the next billing cycle.
- Should automatic billing fail to occur for any reason, Precedent HR Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- When changing from month to month to contract plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- You must notify Precedent HR Inc. of any change to your billing information before the next billing cycle. Changes will be effected on a pro rata basis from the date of mail confirmation from precedent HR
- Precedent HR Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
- You may be required to enter your contact information in order to sign up for the Free Trial.
- If client is participating in Precedent HR Inc.’s free 14-Day Trial, this Agreement lasts 14 days from date of Service Authorization. If after the 14-Day trial, client chooses not to purchase the Precedent HR Applicant Tracking System; all uses of the Software Service will cease immediately including documentation.
- 14-Day Free Trial clients will have 30 days to subscribe to Precedent HR Inc.’s Applicant Tracking System after trial period has expired.
- Precedent HR will hold trial data for 30 days after the trial period unless requested otherwise by the client. All Data will be deleted 30 days after trial period has elapsed.
- At any time and without notice, Precedent HR Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
- Precedent HR Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- Prices of all Services, including but not limited to monthly and annual subscription plans , are subject to change upon 30 days’ notice from Precedent HR Inc. Such changes may be notified from time to time by posting on to our website www.precedenthr.wpengine.com or via e-mail to your registered e-mail ID.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- There will be no refunds or credits for partial months of service, or refunds for non-usage of /inactivity in an account.
- When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
- We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- The Service and its original content, features and functionality are and will remain the exclusive property of Precedent HR Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Precedent HR Inc..
Links To Other Web Sites
- Our Service may contain links to third party web sites or services that are not owned or controlled by Precedent HR Inc.
- Precedent HR Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
- You acknowledge and agree that Precedent HR Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination & Cancellation
- We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
- Cancellation or termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account. Precedent HR Inc. reserves the right to delete any associated data at any time
- You may cancel your account via written notice at any time. Cancellation requests via email (firstname.lastname@example.org) will be effective only after a confirmation email from Precedent HR Inc.
- If you cancel the Service before the end of your current paid month or year, your cancellation will take effect immediately and your credit card will not be charged again; however, no refund or prorate will be issued. If you have subscribed to a two (2) or three (3) year contract you will be responsible to pay remaining balance of contract upon cancellation.
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- You agree to defend, indemnify and hold harmless Precedent HR Inc. and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
- In no event shall Precedent HR Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. 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, non-infringement or course of performance.
- Precedent HR Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
- Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Compliance with Laws
- Customer will comply with all applicable export and import control laws and regulations in its use of the licensed software and, in particular, Customer will not export or re-export the licensed software without Precedent HR’s prior written consent, and, if such consent is granted, without Customer first obtaining all required United States and foreign government licenses. Customer further agrees to comply with all applicable laws and regulations in providing the Customer’s data to Precedent HR, and Customer warrants and represents to Precedent HR that Customer has all rights necessary to provide such Customer Data to Precedent HR for the uses as contemplated hereunder. Customer shall obtain at its expense all necessary licenses, permits and regulatory approvals required by any and all governmental authorities as may from time to time be required in connection with its activities related to this Agreement. To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless Precedent HR from and against any violation of such laws or regulations by Customer or any of its agents, officers, directors, or employees.
- Customer may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party, or transfer any of the license rights granted hereunder, without the prior written consent of Precedent HR, which consent shall not be unreasonably withheld or delayed. Any attempted assignment or transfer in violation of the foregoing will be void. Precedent HR may freely assign this Agreement, or subcontract or otherwise delegate its obligations hereunder, in whole or in part, to any third party, provided that Precedent HR provides advance written notice to Customer of such assignment, and such third party assignee agrees in writing to be bound by the terms hereof; and further provided, with respect to any such delegation or subcontracting of any of Precedent HR’s duties hereunder, Precedent HR shall remain obligated to Customer for performance of such duties as set forth herein. Subject to the foregoing, this Agreement shall inure to the benefit of each party's successors and permitted assigns.
- Except for obligations of payment, neither party shall be liable for any delay or failure in performing hereunder if such failure arises, directly or indirectly, out of causes beyond the reasonable control of such party, including acts of strike, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, government action, labor conditions, lightning, power surges or failures, terrorism, failure of telecommunications services (including the Internet), or acts or omissions of communications carriers. Performance shall be deferred until such cause of delay is removed, provided that the delayed party shall notify the other party of such occurrence.
- All notices or other communications required hereunder shall be made in writing and shall be deemed to be effectively given if made as follows: (a) if hand delivered, when received; (b) if mailed, three (3) days after being deposited postage prepaid in the United States mail or its equivalent, and sent via certified mail, return receipt requested, or its equivalent; (c) if faxed, on the date of the sending party's receipt of confirmation of transmission; or (d) if mailed for overnight delivery, when delivered by the overnight carrier. Each party may change its notices address by giving notice in the manner set forth herein. Customer agrees to promptly notify Precedent HR in writing of any breach or suspected breach of this Agreement.
- The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to". This language of this Agreement shall not be construed in favor of or against either party.
- These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- Inspections. Customer will permit Precedent HR or its representatives a reasonable opportunity to review Customer's relevant records to ensure compliance with this Agreement. Precedent HR’s will give Customer at least twenty (20) days advance notice of any such inspection and will conduct the same during normal business hours in a manner that does not unreasonably interfere with Customer's normal operations.
- Customer acknowledges that the licensed software contains valuable trade secrets and proprietary information of Precedent HR, that any actual or threatened breach this Agreement will constitute immediate, irreparable harm to Precedent HR for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Notwithstanding anything in this Agreement to the contrary, Precedent HR reserves the right to obtain injunctive relief and any other appropriate remedies from any court of competent jurisdiction in connection with any actual, alleged, or suspected breach of section 10 of this Agreement, infringement, misappropriation or violation of Precedent HR’s Intellectual Property Rights, or the unauthorized use of Precedent HR’s Confidential Information. Any such action or proceeding may be brought in any court of competent jurisdiction. Except as otherwise expressly provided in this Agreement, the parties' rights and remedies under this Agreement are cumulative.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
- Entire Agreement. This Agreement, any additional written contractual agreements regarding this account and together are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties' final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, promises and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.