Post a job Advertiser Terms and Conditions Jobing.com provides technology services that allow Job Seekers to post resumes and apply for Jobs, and Employers and Recruiters to post job postings, advertise and search for candidates using the Internet through Jobing.com. The following are the terms and conditions for Jobing.com products and services. Content. It is understood by all parties that the content of the advertising being provided by Client to Jobing.com for inclusion in the Website, video, or technology service applications is the property of the Client, and becomes property of Jobing.com when posting on the website. In the event that content provided by the Client to Jobing.com is not the property of the Client, the Client bears responsibility for any fines or fees associated with the use of that content on the Jobing.com Website, video or technology service applications. All content on Jobing.com must conform to Jobing.com standards for language, contextual standards, graphical standards, and promotional standards. Pricing. Website. Prices listed on the website are current and accurate on the day they are listed, and can be changed or modified at any time. Written Proposals. All prices quoted by Jobing.com sales staff in a written proposal will remain in effect for a 30-day period from the date the proposal is presented. Credit Policy. Jobing.com offers credit to all clients who post jobs with Jobing.com. A credit limit may be reduced if the Client has a poor credit rating, an unreliable payment history with us, one or more past due bills or cannot provide adequate company information to establish credit history. Late payment results in late fees of $10, finance charges of 1.5% monthly, reduced credit limits, and/or revocation of credit privileges. Terms. All billings will be due upon receipt. The entire amount billed for standard postings is due on the date the related job postings are activated on the website. A posting may be taken down earlier than the 28 day posting period, however once the posting has "gone live" full payment is required. Bundle purchases must be paid for up-front. Job postings are available for use within 52 weeks of the date of purchase and any postings which are not used are not refundable. Subscriptions allow for postings to be live on the website at any point in time during the term of the agreement. Any postings which are not used are non-refundable. Subscriptions for all other products and services provide use and/or access during the term and are not refundable. Video products will be billed in accordance with the specific proposal or, if unstated, upon product delivery. Accounting. Jobing.com shall provide Client with an accurate accounting of the number of job postings Client generated in the Website. In the case of other products or services, Jobing.com shall provide at the Client's request, an accurate synopsis of activity of the respective products and/or services used or provided. Jobing.com and Client shall each maintain accurate accounts of its operations to effectively manage and execute this Agreement and shall, in the case of any discrepancies, provide a verified statement of operations to the requesting party within fifteen (15) days following each month. Each party reserves the right, upon reasonable notice and at its own expense, to audit the books and records of the other party to verify the accuracy of fees owned pursuant to this Agreement. Intellectual Property. Client acknowledges that Jobing.com is the sole owner of Jobing.com trade names, service marks, and logos (Jobing.com Marks). Upon the termination of this Agreement, all rights of Client to use such Jobing.com Marks shall cease and Client shall immediately terminate all use of such Jobing.com Marks. Client further agrees that other than the limited license to use the Jobing.com Marks, set forth above, no other intellectual property of any kind or nature has been conveyed in connection with this Agreement. Client agrees and gives Jobing.com the right to utilize Client's trade names, service marks, and logos (Client Marks) in Jobing.com advertising and websites. All uses of Client Marks will be approved by a designated Client contact before public use of such marks. Upon the termination of this Agreement, all rights of Jobing.com to use such Client Marks shall cease and Jobing.com shall immediately terminate all use of such Client Marks. Assignment. Client shall not assign or transfer this Agreement without the prior written consent of Jobing.com, which consent shall not be unreasonably withheld. Jobing.com shall not assign or transfer this Agreement without the prior written consent of Client, which consent shall not be unreasonably withheld, unless such transfer is in connection with the sale of all or substantially all of the assets of Jobing.com, in which case Client's consent is not required. Miscellaneous. This Agreement shall be interpreted according to Kentucky state law. The relationship between the parties shall be that of independent contractors, and no party shall be liable for the debts, accounts, or liabilities of another. Invoicing Procedures. The invoicing of Client is calculated on a monthly agreement set forth in a written proposal. Keeping job postings and/or site content current and up to date is the responsibility of the Client. Program Modifications. Client agrees to accept the Website's current format and base level of functionality. Jobing.com reserves the right to upgrade and enhance that functionality at its sole discretion. Support. Jobing.com will consult with the Client and upon request by Client for a reasonable amount of time by telephone during normal business hours to assist the Client with the use of product provided by Jobing.com. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM MST (11:00 AM to 8:00 PM EST), excluding major holidays observed by Jobing.com. Video Rights, Title and Ownership. The final video created by Jobing.com in the course of performing the services are the property of the Client in accordance with this Agreement. Intellectual property, trade names, service marks, logos and or photos or video provided by the Client to Jobing.com are the property of the Client and may be used by Jobing.com to deliver the final video product to the Client. Jobing.com shall have use of this content and intellectual property solely for the use of producing the final video project. Jobing.com will maintain ownership over b-roll and other footage taken during the production process, but will limit use of this material only for future projects for the Client, at the Client's choosing. Video Hosting. Jobing.com hosts the video projects on third party websites and servers. As a result, Jobing.com cannot guarantee that these websites and servers will always be available or accurate. Under no circumstances shall Jobing.com and its owners, officers, directors, agents, employees, successors, or assignees be liable for any consequential damages of any sort including, but not limited to, loss of goodwill or potential business as a result of a video project not being accurate, not being viewable at a particular time, or not available at all. Site Development and Hosting. After product expiration the site will be deactivated. No source code will be transferred to the client. If needed, a static version of the main page can be provided, which will include any web graphics used but will not be a functioning website. No raw graphic files or code will be provided. Maintenance of Software and Equipment. Jobing.com shall be responsible for the maintenance of the software, servers and other equipment relating to the Website. Jobing.com shall reimburse Client on a pro-rata basis for any unscheduled downtime of the Jobing.com website in any specific week if that downtime exceeds 24 hours in that week. Termination. Failure of Client to render any agreed payment to Jobing.com on a timely basis shall entitle Jobing.com to terminate the Agreement with Client upon thirty (30) days notice. Jobing.com also maintains the right to terminate the Agreement with client immediately upon violation of the terms and conditions or upon violation of the terms of use, such notice will be given in writing. Jobing.com Client may terminate this Agreement within thirty (30) days of written notice if Jobing.com has failed to keep the Website or applications up and running for a period exceeding 14 days. Privacy Policy. Jobing.com's privacy policy can be viewed at https://www.jobing.com/privacy Indemnity. Definition of "Claim": For purposes of this Agreement, the term "Claim" shall mean any claim, action, suit, proceeding or litigation and any loss, deficiency, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys' fees and all related costs and expenses, to be paid to a third party or otherwise incurred in connection with the defense of any claim, action, suit, proceeding or litigation involving a third party. Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Jobing.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between Client and Jobing.com nor trade practice shall act to modify any provision of this Agreement. Client understands that he or she represents his or her organization when agreeing to the terms of this Agreement. 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