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  Employee Terms &
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Employers Terms and Conditions:
 

Please read these Terms of Use carefully before using this site.  By using this site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws (including all immigration matters if applicable).  If you do not agree with any of the below Terms of Use, do not use this site. 

Skilled Workers Inc. may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. 

 

1. Terms. This Agreement is between your company or organization (“Customer”) and Skilled Workers Inc. (the “Company”). The Company operates a job posting and search service at www.skilledworkers.com (the “Site”). This Agreement contains terms and conditions applicable to the services (“Services”) provided by the Company to Customer. Customer shall use all Services provided hereunder solely for its own internal business purposes and shall not resell or transfer to any third party any Service.  Access to the contact information of skilled workers may not be used to send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Customer’s or a third party’s products or services.

2. Term and Termination.  The term (“Term”) of this Agreement will begin on the date Customer registers as a User on the Site (the “Effective Date”), and will end upon (i) the expiration of one year from the Effective Date or (ii) upon earlier termination by either party.  Either party, in its sole and absolute discretion, may terminate the Agreement at any time and for any reason (with or without cause), with or without notice.  In the event the Agreement is terminated early, Customer agrees to cease all Site use and acknowledges that full Credit refunds will be provided.

3. Credits. All amounts payable by Customer for the Services are set out in the Pricing List.  Credits purchased for Services are non-refundable. The Company uses PAYPAL to ensure the security of your information when purchasing Credits.

 

4. Passwords.  Each Customer will have a unique password assigned to it in order to access the searchable applications of the skilled workers and to post job postings.  If Customer (including any of Customer’s employees or agents) is found to share the user password with any non-registered user, such sharing will be a breach of this Agreement and the Company shall have the right to terminate this Agreement.  Customer agrees to notify the Company promptly after the departure of any person to whom a password was provided and the Company reserves the right to cancel such password and issue a replacement password. The Company reserves the right to periodically change issued passwords.

5. Services.

Job Postings.  The Company will permit Customer to post jobs on the Site in accordance with the terms of this Agreement.  Unlimited job posting packages or ‘batch postings’ are not permitted on this Site.  Job postings shall have a scheduled run of 60 days.  Certain changes or amendments to job postings will be considered to constitute a new posting.  The following are examples of changes that will constitute a new posting: (1) re-activation of a deleted or expired job posting, (2) refreshing or renewing of any job posting, (3) change in the trade category or (3) change in location where a job is based (including a change of City/Town).  Customer will be charged the applicable number of Credits to implement these changes to their job posting.

Contact Information.  All applications of skilled workers posted on the Site can be searched for free by registered Users.   The content of the applications of the skilled workers can be viewed by the Customer for free except for the contact information of the skilled worker.  In order to access the contact information on an application the Customer must move the application into a folder to be purchased using Customer’s Credits.  Once the Credits have successfully been debited from Customer’s account, the skilled worker’s contact information will be emailed to the Customer.

 

6. Ownership. Subject to the next sentence, the contents of the Site and all intellectual and other proprietary rights therein are and shall at all times remain the property of the Company. Notwithstanding the foregoing, as between the Company and Customer, any job postings placed by Customer and all intellectual and other proprietary rights therein are and shall at all times remain Customer’s property.

 

7. Links.  The Company is not responsible for the content of any sites that maybe linked to the Site (“Linked Sites”).  The Linked Sites are for convenience only and Customer access them at its own risk.

8. No Warranties. THIS SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH NO RESPRESENATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF ITS SERVICES OR THE SITE.

9. Indemnification. Customer agrees to indemnify, defend and hold the Company and its  affiliates and their respective officers, directors, employees and agents harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Customer’s violation of this Agreement or use of the Site.

10. Promotional MaterialsThe Customer authorizes the Company to disclose in its promotional materials that it is providing the Services to the Customer, provided that such disclosure does not include the specific nature of the Services provided or the fees paid or payable for the Services.

11. Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, LOSS OF DATA OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE COMPANY MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICES PROVIDED, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANY DURING THE TERM HEREOF.

12. Miscellaneous. All claims or issues regarding this Site shall be governed according to the laws of the Province of Ontario.

 

Each party to this Agreement shall be acting as an independent contractor, and nothing herein shall be construed to create a partnership, joint venture or any type of agency relationship between the Company and Customer or any of Customer’s employees or agents.

 

Customer may not assign this Agreement, in whole or in part, by operation of law, merger, asset or stock sale or transfer, or otherwise, without the prior written consent of the Company.