Employer Contract

TERMS AND CONDITIONS FOR EMPLOYERS

These are the Terms and Conditions to which Employers who use our service agree in order for the Company to make referrals of Designers to Employers with job opportunities.

DEFINITIONS:

  1. Company:  The provider of the services to match Employers with appropriately qualified Designers to fill work vacancies/opportunities of the Employer.
  2. Designer:  A person who engages with the Company via the website seeking referrals for employment for tech design work.
  3. Employer: A person or company who engages with the Company via the website seeking referrals of tech designers to fill vacancies/opportunities with the Employer.

PROCESS AND PAYMENT:

  1. Upon payment, the Employer will furnish the Company with a list of job opportunities detailed enough to provide the Company with enough information to be able to refer the appropriate Designers to the Employer.
  2. The Company agrees to provide the Employer with a list of appropriate Designers in a timely manner, providing the Employer with appropriate information on each Designer to assist in their evaluation of the candidates.
  3. All contact between the Designer and Employer will be direct and not include the Company.

WARRANTS AND REPRESENTATIONS:

The Company 

  1. The Company warrants that it has the wherewithal to fulfill the responsibilities accepted by the Company.  
  2. The Company warrants that the Designers who have contracted with the Company are actively seeking job opportunities.
  3. The Company further warrants that the Designers have warranted their experience and skills provided to the Company.

The Employer:

  1. The Employer warrants that it has the wherewithal to fulfill the responsibilities accepted by the Employer.  
  2. The Employer warrants that he has truthfully represented to the Company the job opportunities provided such that the Company can match the Employer to appropriate Designers.  
  3. The Employer also warrants that he is actively seeking to employ persons for the listed job opportunities and has every intention of hiring or contracting for that position.

INDEPENDENCE:

  1. Employer recognizes that any employment is with the Designer accepting the position(s) and that the Company is not responsible for the terms of employment or the relationship between the Employer and Designer.  
  2. The Company is an agent for both the Employer and Designer to provide connections and is neither an employee nor employer of either.  
  3. Neither party shall have the authority to make statements, representations or commitments of any kind or to take any action that will be binding on the other party nor the Company.

LIABILITY:

  1. The Employer releases the Company from any liability arising from any action or contract on the part of the Designer(s).
  2. The Company reserves the right to refuse to work with the Employer for any reason that comes to the Company’s attention engagement with Employer. 

TERM AND TERMINATION:

  1. These Terms and Conditions shall be effective as of the date the Employer engages the Company.
  2. The term of this engagement shall be fourteen (14) days, at which time the Employer may terminate the engagement or request the Company to continue with referrals.  
  3. The Company may terminate this engagement at any time with written notice to the Employer.

MISCELLANEOUS:

  1. Notice:  Any notice required to be given by either party to the other shall be in writing and delivered in person, by courier service requiring acknowledgment of receipt of delivery, by U.S. mail or email, addressed to the address shown after the signatures at the end of this Agreement.
  2. Dispute Resolution:
    1. Each party agrees to submit any dispute between the parties arising out of or related to these Terms and Conditions to mediation with the cost of mediation to be shared equally by the parties.  
    2. Should the issue not be resolved by mediation, the parties agree to submit the issue to binding arbitration through the American Arbitration Association or any other forum mutually agreed to by the parties.  The prevailing party in any dispute resolved by binding arbitration shall be entitled to recover attorneys’ fees and costs.
  3. Waiver:  No waiver of any of the provisions herein shall be deemed or shall constitute a waiver of any other provision hereof (regardless of whether similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
  4. Severability:  If any provision of these Terms and Conditions is rendered or declared illegal or unenforceable by reason of any existing or subsequently enacted legislation or by decree of a court of last resort, all of the remaining provisions shall remain in full force and effect.
  5. Headings:  The headings of the sections are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms and Conditions.