(Effective – February 15th, 2019)
Appcast is a job advertisement service. Appcast publishes job advertisements via a network of job ad websites. These Standard Terms & Conditions (the “Standard Terms”) will govern our use of your website (the “Site”) for purposes of uploading and posting job advertisements to the Site. By enabling Appcast’s use of the Site, you and the organization in which you represent (herein “you” and “your”) accept these Standard Terms in their entirety and without modification. These Standard Terms constitute a binding agreement between you and Appcast, Inc. (“Appcast”). If you do not agree with these Standard Terms, please disable Appcast’s use the Site. Appcast hereby objects to any term(s) or condition(s) set forth in any communication or publication, printed, electronic or otherwise, from you, which are in any way different from, inconsistent with or in addition to the terms and conditions set forth herein. Such different, additional or inconsistent terms will not become a part of the contract between Appcast and you and will not be binding upon Appcast. To the extent that this document may constitute an offer, this offer expressly limits acceptance to the terms and conditions set forth herein. To the extent that this document may constitute an acceptance, this acceptance is expressly conditioned upon you assent to these Standard Terms. Our failure to object to terms contained in any communication or publication from you will not be a waiver of the terms set forth herein.
We may amend these Standard Terms by providing you with notice of such amendments. By continuing to enable use the Site following such amendment, you agree to the amended Standard Terms.
Subject to these Standard Terms, you will provide Appcast (referred to herein as “we,” “us” and “our”) access to your website (the “Site”) and will permit Appcast to upload and post job advertisements via the Site (the “Services”).
You will provide the Services in a professional and workmanlike manner in accordance with industry standards. In connection with using the Services, we may provide you with communications, messages or other content that you post, upload, submit, transmit or share on the Site or via the Services, including without limitation job advertisements (collectively “User Communications”). You will use the User Communications solely to provide the Services to us and otherwise in accordance with your published policies and practices. You will not distribute User Communication or originate an Appcast Driven Click utilizing text messaging.
You and Appcast agree to payment on a cost-per-click basis, Appcast will pay to you a fee for each Appcast Driven Click (defined below) submitted to a customer of Appcast. “Appcast Driven Click” means a complete click on a website job advertisement generated and submitted by a candidate who navigated to the website of an Appcast customer after clicking on an Appcast generated job advertisement published on your Site. The fee for each Appcast Driven Click will be the cost-per-click designated by Appcast from time to time. Appcast will calculate the fees based on data collected via the Appcast system, which you agree will be the sole system of record for determining the number of Appcast Driven Clicks and corresponding fees. We will pay all fees on a monthly basis. In the event that a user of your site clicks on a job advertisement for an expired job, Appcast will have no payment obligation to you. Nothing herein absolves the employer from their financial obligations to pay you. For avoidance of doubt, in no event shall Appcast be obligated to remit payments to you if Appcast has not yet received full and satisfactory payment for all prior payments from the advertiser. You agree that you are ultimately obliged to collect payment from the advertiser and Appcast is acting solely as an agent for you in collecting payments from the advertiser.
The User Communications that we submit to the Site are the property of, or used with permission by, Appcast and are protected by copyright, trademark and other laws and may not be used except as permitted in these Standard Terms or with the prior written permission of the owner of such material. You may not modify the User Communications in any way or reproduce or publicly display, perform, distribute or otherwise use any such User Communications for any public or commercial purpose. Any unauthorized use of User Communications may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. All rights to User Communications not expressly granted herein are reserved by and to the respective owners of such User Communications.
You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You are responsible for providing job candidates with notice of such privacy policies and practices in accordance with industry best practices and any applicable law. You will comply with all privacy regulations including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the General Data Protection Regulation and all other laws and regulations applicable to you.
Appcast may issue a press release announcing the relationship contemplated by this Agreement and will be entitled to refer publicly to you as an Appcast advertising publisher in connection with advertising, marketing, publicity and other promotional activities. You grant to Appcast a non-exclusive license to use your name, trademarks, trade names and logos in connection with such promotional activities. Appcast will comply in all material respects with any commercially reasonable and customary trademark usage guidelines or policies delivered to Appcast in writing.
We may discontinue using the Site or Services at any time; provided, however, that we will pay you the fees due and payable for any Appcast Driven Applications generated and submitted prior to effective date of termination.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF OUR ACCESS TO OR USE OF THE SITE OR SERVICES PROVIDED HEREIN. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID TO YOU FOR THE SERVICES DURING THE THREE MONTH PERIOD PRIOR TO ANY CLAIM.
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of Appcast, its parents, subsidiaries, affiliates, AND ALL OF THEIR RESPECTIVE officers, directors, employees AND AGENTS, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your breach of any obligation hereunder or your negligence or willful misconduct.
These Standard Terms and our use of the Site and Services will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflicts of law provisions. You consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New Hampshire. A printed version of these Standard Terms will be admissible in judicial and administrative proceedings based upon or relating to these Standard Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You are solely responsible for your interactions with other users of the Site or the Services. You may not take legal action against Appcast without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. Any such notice of a dispute must be sent to Appcast at firstname.lastname@example.org, and must be received by us within 90 days of a scenario that first gives rise to a dispute.
Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third party networks or communications infrastructure.
In the event that any provision of these Standard Terms conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Standard Terms will remain in full force and effect. Any failure by Appcast to insist upon or enforce strict performance of any provision of these Standard Terms or to exercise any right under these Standard Terms will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
These Standard Terms constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.