HOPHR TERMS AND CONDITIONS
Welcome to the Terms of Service for HopHR. This is an agreement (“Agreement”) between HopHR, Inc. (“HopHR”), a Delaware corporation, the owner and operator of hophr.com (the “Site”) and the HopHR recruiting service (the Site and recruiting service collectively the “Service”), and you.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HOPHR; (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT; AND YOU HAVE DISCLOSED TO HOPHR IN WRITING, IN ADVANCE OR IMMEDIATELY FOLLOWING YOUR ENGAGEMENT WITH SUCH PARTIES, THE NAME OF EACH AND EVERY COMPANY, AGENCY OR INDIVIDUAL WITH WHOM YOU ARE ASSOCIATING, EITHER AS AN EMPLOYEE, CONTRACTOR, CONSULTANT OR OTHERWISE, FOR THE PURPOSES OF RECRUITING CANDIDATES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE. THE SITE AND SERVICE ARE INTENDED FOR ADULTS ONLY. THE SITE AND SERVICE ARE NOT INTENDED FOR ANY CHILDREN UNDER THE AGE OF 13.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY HOPHR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site (“Registered Users”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. HopHR may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
Definitions
In addition to terms elsewhere defined in this Agreement and unless differently provided hereby, the following terms and expressions shall have the following meanings:
a. Throughout this document, the words “HopHR,” “us,” “we,” and “our,” refer to our company, HopHR, Inc., our Site or our Service, as is appropriate in the context of the use of the words.
b. The term “Candidate” will refer to users of our Service who are seeking employment and/or contractor opportunities through HopHR.
c. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Candidates through the use of our Service.
d. The term “You” refers to the individual, company or legal entity, as applicable, identified as the user when you register on the Site, either as or on behalf of a Candidate or Employer.
e. “Job Acceptance Form” shall refer to a notification signed by the employer and the candidate, stating that the candidate accepted a Job Offer, including details of engagement and scope of role, remuneration and conditions of employment;
f. “Batch” shall refer to the periodic list of candidates that we send to employers, to facilitate the Engagement between the candidate and the employer;
g. “Showcase” shall refer to the time period during which the employer is able to access the Batch and initiate the Engagement;
h. Our Service may allow you to upload photos, resumes, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.
i. “Direct Hire” shall refer to a recruitment process where the Employer engages a Candidate for a permanent, full-time position through our Service, resulting in the Candidate becoming a regular employee of the Employer without any predetermined end date to their employment contract.
How does HopHR work?
HopHR is an online recruiting marketplace. We serve as intermediary between candidates and employers, who are the sole parties involved in any contract of employment. HopHR is not bound by any contractual agreement arising between candidates and employers, whether or not HopHR receives some form of remuneration in connection with the transaction.
No contractual obligations are created for either the candidate or the employer through the use of the Service. The candidate has no obligation to accept any Interview Request or Job Offer. No step within the Engagement shall be considered legally binding.
Any information uploaded by candidates on the Site will be stored by HopHR in our systems. Once registered on the Site, selected candidates will be invited to be included in the Batch. Candidates must accept their invitation in order to be included in the Batch, which is sent out to employers on a regular basis. Candidates must accept their invitation in order to be included in the Batch.
During the Showcase, candidates’ information uploaded will be visible and accessible by employers. Candidates’ information will remain visible to employers while they are in the showcase. During the Showcase, the parties can begin the Engagement. Employers can also ask for additional information on any of the profiles included in the current Batch by speaking to HopHR.
The Engagement between the parties may result in employers extending one or more Job Offers to candidates. In the event that a Job Offer is signed, the employer is subject to success fee payment as described in Payments And Refunds Section.
Your responsibilities
You agree to keep all information gained from using our Site confidential; you agree that:
a. You will use any content submitted by Candidates in accordance with applicable privacy and data protection laws;
b. You will not disclose the names or identities of any Candidates listed with us, outside of your recruiting or hiring department;
c. You will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction;
d. You also agree not to post, publicly or privately disclose or disseminate any job offers which you become aware of through our Site or Service.
In agreeing to use our Service, both candidates and employers agree and undertake:
that no Active Recruiting Process (defined as continuous direct, back and forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made) has been in place between the employer and the candidate for the 90 days prior to the beginning of the Engagement;
that they shall carry on the Engagement by using exclusively our Site. Further communication may take place outside of our Site after the Invitation is sent out and accepted;
to promptly inform us if a Job Offer is signed, providing us with either a Job Acceptance Form or a signed Job Offer by both parties;
to give prompt notice if employment is not started following agreed Job Offer or if employment is terminated within the first 90 days from the Start Date (defined as the start date of employment between the candidate and the employer).
Candidates also agree to notify us as soon as a Job Offer is received, including details on beginning of employment, duration and compensation.
As an Employer, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. You may submit interview requests (“Requests”) for Candidates on our Service that you feel may be a fit for your company. However, these Requests are non-binding and do not create a binding employment contract.
A Success Fee (as defined in Payments And Refunds Section below) will only be collected from you in accordance with Payments And Refunds Section after you have successfully hired a Candidate. YOU UNDERSTAND THAT HOPHR DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS). YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A CANDIDATE, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OF ANY CANDIDATE.
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by HopHR. Remember when using HopHR we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:
you will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to HopHR servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that HopHR grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
You will not take any action that we determine, in our sole discretion, imposes or may impose, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Site and/or Service;
You will not collect or harvest any personally identifiable information, including account names, from the Site and/or Service except as may be expressly contemplated by this Agreement and our Privacy Policy;
You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any content obtained from the Site or Service, on a time-sharing or other commercial basis;
You agree to act within the bounds of common decency when using our Site;
You agree not to stalk, harass, bully or harm another individual;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to HopHR;
You agree not to interfere with or disrupt the Site or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation, and you are responsible for such violations;
You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
HopHR may terminate your account for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.
Our Role
HopHR does not act as an agent for the purposes of the Recruitment process. HopHR merely provides Candidates the software tools to enable them to find and connect with Employers. Candidates and Employers are solely responsible for any issues arising from the use of the HopHR software or their use of Service.
Any verbal or written agreements created between an Employer and a Candidate are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Candidate. You will not consider HopHR, nor will HopHR be construed as, a party to such transactions, whether or not HopHR receives some form of remuneration in connection with the transaction, and HopHR will not be liable for any costs or damages arising out of or related to such transaction.
No contractual obligations are created for either the Candidate or the Employer through the use of the Service. The Candidate is not obligated to accept the highest Request or any Request at all. Additionally, Requests submitted by an Employer to a Candidate through the Request process are not binding on the Employer. At the end of the Request process the Candidate may choose which Employer, if any, he or she wishes to contact.
Registration
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or HopHR has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, HopHR has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Service if you have been previously removed by HopHR, or if you have been previously banned from the Site or Service.
Candidate
In order to use HopHR as a Candidate you must register and create a profile. The use of the Site and the Service is free for Candidates. When registering with HopHR, we may require you to provide us information such as your name, e-mail address, employment history, work experience, educational background and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request. We may also allow you to use a third party service such as Github, LinkedIn or Twitter (X) to register. We will review the information that you provide to us during the registration process and any other judgement and evaluation your Talent Advocate has about you. We may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to use our Service.
Employer
In order to use HopHR as an Employer you must also register. Registration is free. When registering we may ask you for additional information related to your company and the types of Candidates you are looking for. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to engage with, and make Requests to, Candidates that have posted their profiles on HopHR.
Payments And Refunds
For Candidates
HopHR is free for Candidates. Candidates must notify HopHR upon accepting any job or contractor position from companies introduced to them via HopHR. This obligation persists for 12 months from the last communication regarding that specific role. Upon job acceptance, candidates should promptly share details like the start date and offer specifics. If any financial incentives, bonuses, or rewards were received from HopHR and the accepted job concludes within 90 days of employment due to performance reasons or voluntary resignation, candidates are obliged to return such payments. Debts to HopHR will be enforced, and candidates will cover any associated fees.
For Employers
Upon successful registration, Employers have the capability to make Requests and initiate contact with Candidates listed on our platform. If an Employer hires a Candidate they discovered through our Service, and the Candidate accepts an Offer within twelve (12) months from the initial view date on our Site, a “Success Fee” is applied.
Success Fee Definitions:
- Direct Hire Placement Success Fee: For direct hire placements, the Employer is charged a fee equivalent to 25% of the Candidate’s first-year base salary. This fee is due thirty (30) days after the Candidate’s employment start date.
- Hourly Rate Success Fee: The fee for Candidates placed on an hourly rate is determined on a case-by-case basis.
If Employers wish to inquire or adjust their fee arrangements, they can contact their HopHR Account Manager or send an email to [email protected].
Payment
Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. An Employer choosing the Monthly Success Fee or the Membership option is required to complete the HopHR Direct Debit Authorization Form allowing HopHR to withdraw, debit or charge monthly payments from the Employer’s designated bank or credit card account(s). By accepting HopHR’s Terms of Service, Employer agrees that HopHR is authorized to immediately withdraw Success Fees due and payable to HopHR hereunder from Employer’s account and that no additional notice or consent is required. Employer agrees to immediately notify HopHR of any change in its billing address or any account information provided to HopHR used for payment hereunder.
Refunds
At HopHR we value our customers’ satisfaction in using our Site and Service to hire great Candidates. If (1) an Employer hires a Candidate and terminates the Candidate’s Employment based on unsatisfactory performance within sixty (60) days of the Date of Hire—the date offer accepted—, (2) a Candidate voluntarily terminates his or her Employment within sixty (60) days of the Date of Hire, or (3) Candidate does not start Employment because either Employer or Candidate elects not to begin the employment relationship contemplated in the Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, HopHR will fully refund to the Employer the Lump-Sum Success Fee related to the Candidate who was the subject of the Termination Event if such Lump-Sum Success Fee was paid by Employer prior to the Termination Event. In the event that the Employer was paying a Monthly Success Fee for the Candidate who was the subject of the Termination Event, no refund shall be owed to the Employer; however, the Employer’s obligation to pay future Monthly Success Fees shall terminate as of the date on which the Candidate’s Employment terminates. No refunds shall be provided for Conversion Lump-Sum Success Fees or for Membership programs.
Limitations On Liability
Through HopHR’s Site and Service users of HopHR may be able to post content about third parties. HopHR is not liable to third parties for any content that has been posted or viewed on HopHR’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
Our Site includes areas where Candidates or Employers may post content about an individual or company. We are not responsible for the posting of this content;
We are not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Candidates and Employers;
We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our Site, although we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
You agree not to hold any other user of HopHR liable for any negative or critical comments, except that you are not obligated to release any other user who submits content that violates any terms of this Agreement or other policies stated anywhere on our Site;
HopHR is not liable under any circumstances to any user for any user content submitted, posted or transmitted by any other user, even if that content violates this Agreement or other policies stated anywhere on our Site, and HopHR takes no action to remove that content or terminate that user’s account;
Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HOPHR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HOPHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE AND/OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL HOPHR BE LIABLE TO A CANDIDATE FOR MORE THAN THE GREATER OF (1) HOPHR’s SHARE OF THE SUCCESS FEE PAID BY THE CANDIDATE’S EMPLOYER, OR (2) $100, AS A RESULT OF THE CANDIDATE’S USE OF THE SITE AND/OR SERVICE. IN NO EVENT WILL HOPHR BE LIABLE TO AN EMPLOYER FOR MORE THAN HOPHR’s SHARE OF THE SUCCESS FEES PAID BY THE EMPLOYER FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH EMPLOYER FIRST ASSERTS A CLAIM ARISING OUT OF OR RELATED TO AN EMPLOYMENT OFFER OR CONTRACTOR OFFER MADE BY EMPLOYER TO A CANDIDATE.
Severability
If any type of provision of this Contract is ruled by a court to be void or void such stipulation shall no way influence any other arrangement of this Agreement, the application of the provision in any other situations or the validity or enforceability of this Arrangement and also such arrangement shall be cut as well as restricted just to the extent needed to bring it within legal requirement.
Choice Of Law
This Agreement shall be governed by and interpreted in accordance with the laws of the state of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Entire Agreement
These terms comprise the entire agreement between YOU and HOPHR in regard to your use of our services. No added provisions are shared nor suggested. This AGREEMENT supersedes any type of all previous oral and/or written, reveal and/or indicated contracts. By USING OUR SERVICES, YOU HAVE READ AND FULLY RECOGNIZED THIS ARRANGEMENT, as well as ACCEPTS ALL TERMS, PROBLEMS, COVENTANTS As Well As CONSTRAINTS, as well as WITHOUT EXCEPTION.
