User Agreement and Terms of Service
This User Agreement (“Agreement”) describes the terms and conditions on which you agree upon to use our Website and our Services. We have incorporated by reference all linked information. We may amend this Agreement and any linked information from time to time by posting amended terms on the Website. If you receive services in a paid version or a free trial, this Agreement defines the terms.
eTeki, Inc. (“eTeki”), a Delaware corporation located at 405 N Reo Street, Suite # 110, Tampa, FL 33609, owns and offers to its customers proprietary technology and professional services through its smarter video interviewing platform, including any related mobile applications.
- eTeki is not an employment company or employment agency of any kind. eTeki does not promise, recommend, or approve of any job offer, regardless whether it is permanent or on a contract basis. eTeki only facilitates a common platform where freelancers offer their interviewing skills to assist clients with their hiring processes. eTeki is not a joint employer of any kind, and has no employment relationship with the freelancers, clients, and/or candidates.
- Subject to the terms and conditions of this Agreement, eTeki provides to buyers and service providers Website Services which include hosting and maintaining, enabling business transactions between parties, and guarding quality assurance measures.
2. Definitions in This User Agreement
“Account” accessing eTeki.com by creating a username and password and clicking an acceptance box.
“Assignment” or “Interviewing Assignment” refers to the task performed or interviewing service provided by the freelancer in exchange for an agreed monetary amount of pay per interview or as agreed upon between the parties involved.
“Candidate” or “Interviewee” is the person who will be interviewed by the interviewer to evaluate the candidate’s technical skills.
“Candidate Evaluation Report” or “CER” is a written report which includes ratings of individual technology skills of a candidate.
“Client” or “Buyer” refers to the person or entity who is assigning a candidate to the freelancer for the purpose of being interviewed and obtaining feedback on the candidate’s technical skills, in exchange for an agreed upon monetary amount of pay.
“eTeki.com”, “eTeki”, “We”, “Us” or “Our” means eTeki, Inc.
“Freelancer” or “Service Provider” means freelancer who has signed up on eTeki to provide interviewing service to eTeki or to eTeki’s clients.
“Platform” is the on-demand marketplace facilitating the introduction and transactions of Screeners looking for freelance work and Clients seeking a third-party evaluation of a Candidate’s technical skills, to be completed by Screeners.
“Screening” review of a Candidate’s technical skills for a client’s specific job opening.
“Sessions” utilization of audio or video streaming and recording of approximately one hour or less.
“Service Contract” business transactions between Clients and Freelancers facilitated through the eTeki marketplace.
“You”, “Your”, or “User” collective reference to Candidates, Freelancers, or Recruiters accessing the eTeki site for purposes of technical interviewing.
We strongly recommend that, as You read this Agreement, You also access and review any and all hyperlinked information. By accepting the terms and conditions of this Agreement, You agree that this Agreement will apply whenever You access or use the eTeki website, or when You access or use the tools We make available to interact with the eTeki website, or the eTeki mobile apps available on Android and iOS.
Upon creating a username and password on the site (“Account”) and clicking the acceptance box, and populating and electronically signing the Agreement, You agree to abide by these terms and conditions of the Agreement. Do not use the services or check the acceptance box if you do not agree to the terms herein.
- All users must be over the age of 18.
- Should You represent a business other than one You own, You represent and warrant to eTeki that you have authority to enter into agreements on behalf of said business. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual and Users remain solely responsible for all activity undertaken in respect of their Account.
- Account registration indicates acceptance of financial responsibility for eTeki’s services.
- You are obligated to provide details required by eTeki to facilitate Interview Assignments between all parties, on Your behalf unless such obligations are prohibited under applicable laws.
- Persons barred from receiving and rendering services under the laws of the United States of America or other applicable jurisdiction shall not apply for an Account.
- Requests to cease electronic communication will result in revocation of your account. It is your responsibility to keep your email address up-to-date with eTeki through your user profile or contacting the eTeki support team.
- False profile or screening information will result in termination of any Account, regardless whether the instance was mistaken or intentional. Users are allowed one Account. Users, however, may be eligible to upgrade their account to varying levels upon written request to eTeki. You understand eTeki will verify Users identity from time to time, and requests for information from you for this purpose must be provided on a timely basis. We reserve the right, in our absolute discretion, to refuse to register a person or corporate entity as a User.
- You are required to furnish your own current hardware and software to access eTeki’s website.
5. Purpose of the Site
The eTeki Platform facilitates transactions between Freelancers and Clients for the sole purpose of Interviewing Assignments.
- Candidates access the Platform as a result of transactions between a Buyer and a Service Provider.
- Sessions are conducted for a fee set by the individual Service Provider whose responsibility is to contribute meaningful feedback to the Buyer pertaining to the technical skills of an Interviewee. Feedback is provided in the form of the Candidate Evaluation Report.
- The product resulting from transactions on the Platform is a Session archive and a Candidate Evaluation Report, which are both considered to be hiring-related files which we protect using industry best practices and in accordance with federal record keeping laws.
6. Our Responsibilities
All reasonable efforts shall be made to keep the Platform available 24/7, except for planned maintenance and circumstances beyond Our control. If Our site does not work correctly or You have a question about anything, please contact Us immediately for a resolution. Technical and customer support for accessing Services is provided by email, phone, and online chat as published on the website. eTeki will not share contact details of any User with any party outside of the Platform, which is not required for an Interview Assignment.
7. User Responsibilities:
- You shall be responsible for obtaining and paying for hardware, software, and an Internet/data connection required to participate in the Services.
- If you enable third-party applications to interface with Your eTeki Account, You understand the third-party may have access to Your data as required for requested information to be shared.
- We have no responsibility for data mishandled by You or third party parties. Users are to promptly notify Us of any unauthorized or illegal access to or use of Services.
- All users agree not to attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in connection with the eTeki website.
- You agree not to distribute viruses or any other technologies that may harm the interests or property of eTeki users (including their Intellectual Property Rights, privacy and publicity rights).
- Additionally, harvesting or otherwise collecting information about other Users, including email addresses, is strictly prohibited.
- Users must refrain from taking any action that may undermine the feedback or reputation systems designed for use with Our Site.
- Attempts to circumvent our fee structure or the billing process are immediate grounds for your Account to be terminated and could be grounds for further legal action.
- eTeki will not share Candidate, Buyer, or Service Provider contact information with any party outside of the Platform, which is not required for an Interview Assignment or subsequent Candidate Evaluation Report, unless required by law.
- Contact details for Candidates are furnished by Clients. These details are utilized to communicate with Candidates about further completing their eTeki profile and schedule of availability, uploading their resume for review by the Screener, receiving reminders for their upcoming technical screen, and conducting a technical check of audio/video components of their desktop computer or mobile device.
- Candidates understand We retain audio/video recordings of Sessions conducted at the request of Clients for a minimum of 12 months, as required by federal law.
- From time to time, eTeki may communicate with Candidates (and User hereby authorizes eTeki to do so) registered on the Platform for other purposes, such as their interest in becoming a Freelance Interviewer.
- Clients can be independent recruiting professionals, corporate internal recruiters, agency employed recruiters, or staffing/recruiting agency directors/owners.
- If your registration was on behalf of a company, Your permitted Users are required to have an email address with the same domain name as set forth in the email address You provided. If you registered to use Services in an individual capacity, You are the only permitted User and may not allow another individual or entity to use Your Account.
- Upon creating a job opening within the eTeki Platform, Clients should provide all known details within the input forms as well as upload a copy of the job description or requisition.
- Clients are required to provide the first and last name, email address, and phone number of all job Candidates to be screened, and have permission to do so. Clients are not authorized to share Candidate information with any third parties unless the Candidate provides written pre-authorization to the Clients to do so.
- eTeki will not share with any other Clients any information relating to external interviewers invited by Clients to participate in Sessions.
- From time to time, eTeki may communicate with Your external interviewers inputted into the Platform for other purposes, such as requesting whether the external interviewers have an interest in becoming a Freelance Interviewer.
- Clients are solely responsible for their recruitment policies and procedures, and their selection of any Candidates for interviews and/or employment.
- Clients agree that eTeki is not a joint employer or partner of any kind.
- CERs constitute Confidential Information (as defined herein) and Clients accept responsibility for the security of transmitting any and all information relating to a CER to any recipient.
- Service Providers understand completion of an Interviewer profile is required to be considered for an Interviewing Assignment.
- Service Providers agree not to post false, inaccurate, misleading, defamatory or offensive content to the Platform.
- In addition to being prepared and present for the Interview, Service Providers are responsible for completing a Candidate Evaluation Report to the best of his/her ability based on the content of the Session and supporting documentation available at the time of the Interview.
- Adherence to Our training guidelines is recommended for mutual protection against potential legal challenges.
- Service Providers agree to not discriminate on any basis prohibited by law, including race, color, sex, pregnancy, age, religion, national origin, disability, veteran status, marital status, sexual orientation, genetic information, or any other basis prohibited by law.
- Service Providers are expressly prohibited from sharing any Candidate and Client contact details, audio/video recordings of Sessions, screenshots of the Session, and Candidate Evaluation Report.
8. Service Contracts
eTeki provides the Platform for Clients and Interviewers to facilitate business transactions pertaining to the technical screening of job Candidates. If Buyers and Service Providers agree on terms for a screening Session, a Service Contract is formed between these Users. Service Contracts are subject to the payment terms outlined below. eTeki is not a party to Service Contracts created by Users and under no circumstance will a Service Contract constitute employment between eTeki and Freelancer, nor will a Service Contract constitute any employment relationship between eTeki and Client.
- When a Client enters a Service Contract, they shall use the Site to engage and communicate with, as well as, pay the Interviewer. The amount of compensation for each technical screen is set by the Freelancer and is subject to eTeki administrative fees which may be charged to the Buyer and/or the Service Provider. Payments will be authorized by Buyer and/or Service Provider, and charged and processed by eTeki, upon Client scheduling an Interview. The Session will be classified as complete, upon the Service Provider providing a completed Candidate Evaluation Report to the Buyer. Batch processing will be utilized to settle outstanding transactions on a bi-weekly basis.
- Any disputes pertaining to Service Contracts, should be directed to eTeki for resolution within 5 business days from the scheduled interview. If any undisputed amount owed by Client under this Agreement goes unpaid, eTeki will give the Client at least 7 business days’ notice prior to a Client account being suspended.
- If Client/Candidate/Service Provider has any questions or concerns about the form in which fees are charged to you are presented, please raise them immediately.
- Please note that eTeki reserves the right to charge interest at the rate of up to eighteen percent (18%) per year on past due and unpaid accounts.
10. Confidentiality & Proprietary Rights
- License: eTeki reserves all rights, title, and interest in the Platform and Screening Services, including without limitation, all related intellectual property. Users are granted limited rights set forth herein. The rights are non-exclusive and non-transferable, as well as non-perpetual and conditional on compliance with the terms and conditions of this Agreement, and payment for Services. Any and all rights implied or otherwise not expressly granted in this Agreement are reserved. Suggestions and/or enhancement requests from Users to Us relating to Services provided which are chosen for implementation will be royalty-free and transferable world-wide.
- Derivative Work:Creation of derivative works based on Our Services is expressly prohibited as is copy of any features or functions of the Service.
- Data Ownership: You own all rights, title and interest in and to all of Your data.
- Confidentiality: Pursuant to this Agreement and/or the use of the application and Platform, Clients/Candidates/Service Providers and eTeki may have access to and disclose to one another non‐public, confidential or proprietary information, including, but not limited to, technical processes, trade secrets, functional and technical specifications, analysis, research, processes, computer programs, algorithms, methods, ideas, “know how,” and other technical information, materials, CERs, projects, and other business information (“Confidential Information”). However, Clients/Candidates/Service Providers and eTeki may not disclose any Confidential Information to any third parties; provided, however, that Confidential Information does not include any data or information which a recipient can demonstrate was (a) publicly known through no fault or breach of this Agreement by the recipient; (b) already known to the recipient (by means not in violation of this Agreement) prior to disclosure to the recipient by the disclosing party; (c) lawfully disclosed by a third party; (d) independently developed without reference to the Confidential Information; or (e) disclosed pursuant to legal requirement or order. Clients/Candidates/Service Providers and eTeki will protect all Confidential Information with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information but in no event less than a reasonable degree of care. The confidentiality obligations of each Client/Candidate/Service Provider and eTeki shall survive the termination of this Agreement for a period of three (3) years.
- Intellectual Property Rights Infringement: It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us by writing an email to info@eTeki.com and we will investigate.
- Data Protection: Our safeguards for Your information include administrative procedures, physical safeguards, and technical best practices to maintain integrity and confidentiality. We will never modify your account profile. Modifications to job details, candidate contact information, and interview reports require electronic notification to the original author. Our access to Your data is for the sole purpose of providing Services or in responding to technical support matters.
CLIENT/CANDIDATE/SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT ETEKI HAS NO RESPONSIBILITY FOR CLIENT’S/CANDIDATE’S/SERVICE PROVIDER’S USE OF THE APPLICATION, PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY INFORMATION PLACED THEREON BY SOMEONE OTHER THAN ETEKI OR INCLUDED IN ANY CANDIDATE EVALUATION FORM. CLIENT/CANDIDATE/SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT ETEKI IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO ANY SYSTEM ERRORS OR DEFECTS, OR INTERRUPTIONS AFFECTING THE APPLICATION, PLATFORM AND SERVICES. CLIENT/CANDIDATE/SERVICE PROVIDER UNDERSTANDS THAT THE APPLICATION, PLATFORM AND SERVICES MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF CIRCUMSTANCES BEYOND ETEKI’S CONTROL. CLIENT/CANDIDATE/SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT ETEKI RETAINS THE RIGHT TO MODIFY, ALTER OR SUSPEND THE APPLICATION AND SERVICES AT ANY TIME WITHOUT NOTICE.
THE APPLICATION, PLATFORM AND SERVICES ARE PROVIDED TO CLIENT/CANDIDATE/SERVICE PROVIDER “AS IS, WHERE IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, ETEKI AND ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS: (A) DO NOT WARRANT THE ACCURACY, COMPLETENESS, COMPREHENSIVENESS OR CURRENCY OF THE APPLICATION, PLATFORM OR SERVICES, THE CONTENT PROVIDED THEREON OR THE CANDIDATE EVALUATION REPORTS; AND (B) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. CLIENT/CANDIDATE/SERVICE PROVIDER IS INSTRUCTED TO USE ETEKI’S APPLICATION, PLATFORM AND SERVICES AT THEIR OWN RISK. ETEKI MAKES NO WARRANTY OR GUARANTEE THAT THE APPLICATION, PLATFORM OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM A PARTICULAR LOCATION, SECURE OR ERROR‐FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPLICATION AND PLATFORM ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NOTWITHSTANDING THE FOREGOING, ETEKI AGREES THAT IT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SECURITY, COMPLETENESS, COMPREHENSIVENESS AND CURRENCY OF THE APPLICATION AND PLATFORM FROM VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
13. Limitation of Liability; Indemnification; Remedies.
Neither eTeki nor its shareholders, affiliates, officers, directors, employees or agents shall be liable under any claim, demand or action arising out of or relating to the application, platform or services or Client’s/Candidate’s/Service Provider’s reliance upon the information provided by the Application or Platform, including, without limitation, any and all information in the candidate evaluation reports. In order to implement this waiver, Client/Candidate/Service Provider agrees to indemnify, appear, defend, and hold eTeki, its shareholders, affiliates, officers, directors, employees and agents harmless, to the maximum extent of the law, from any and all threatened (or to be threatened) or pending claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses arising out of or in any way relating to the services, Client’s/Candidate’s/Service Provider’s use of the application or the content provided on the platform. The foregoing sentence shall not apply to the extent (for that portion) such claims arise out of eTeki’s gross negligence or intentional misconduct. In no event will eTeki, its shareholders, affiliates, officers, directors, employees or agents have any liability whatsoever for direct, special, incidental, consequential or punitive damages, including, without limitation, damages due to lost profits or business interruption, or other damages, even if they have been advised of the possibility of such loss or damages and whether such loss or damages is/are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. Without limiting any of the foregoing terms, eTeki’s liability in connection with this Agreement shall not exceed an amount equal to the fees paid by Client/Candidate/Service Provider to eTeki in the preceding six (6) months. Client/Candidate/Service Provider agrees that eTeki would suffer immediate and irreparable harm from any breach of this Agreement and monetary damages would be inadequate to compensate eTeki for such harm. Therefore, in addition to any other remedies available to eTeki at law or in equity, eTeki shall be entitled to injunctive relief for any and all such breach without the posting of bond or other security and without proof of actual damages.
14. Term & Cancellations
Upon subscribing to the Platform, this Agreement commences on the date the submission form was received and continues through the date specified on the form. In case of Agreements enacted due to free trial period, the Agreement will terminate at the end of the free trial if a subscription is not purchased. This Agreement may be terminated by either party with 30 days notice. Termination does not relieve You from financial responsibility of the screening period prior to the ending date.
15. General Provisions
- Notices: When creating a User Account, You provided an email address. We shall address notices to Your email. Notices to Us should be sent to Info@eTeki.com or 405 N Reo Street, Suite # 110, Tampa, FL 33609.
- Relationship of the Freelance Screeners: The interviewers are independent contractors. This Agreement or transactions conducted on Our Site do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
- Feedback: If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by email at info@eTeki.com.
- Right to Audit; Suspend: eTeki reserves the right to review, suspend, terminate and/or remove any and all material, content and information on the platform and audit the use of the Platform by Client/Candidate/Service Provider to determine compliance with the terms and conditions of this Agreement and all current and future operating procedures and policies and rules of conduct established by eTeki.
- Governing Law: This Agreement shall be construed and governed by the laws of the State of Florida, without regard to principles of conflicts of law. The parties agree, and despite any choice of law statute/rule, or other jurisdictional law, that they affirmatively waive any objection to venue of any action brought pursuant to this Agreement which shall be only in the Thirteenth Judicial Circuit Court in and for Hillsborough County, Florida, or in the United States District Court, Middle District of Florida.
- Third‐Party Beneficiaries: No provision of this Agreement shall confer upon any person, including, but not limited to, Clients/Candidates/Service Providers, other than the parties hereto any rights or remedies hereunder.
- HIPAA Compliance: In the event that eTeki is subject to HIPAA and regulations described herein, eTeki agrees to comply with the federal regulations promulgated pursuant to the Health Insurance Portability and Accountability Act, Public Law No. 104- 191 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and modifications to the HIPAA under the Health Information Technology for Economic and Clinical Health Act (“Omnibus Rule”), and other modifications and regulations promulgated thereunder as amended and as such regulations may be amended or interpreted from time to time, as applicable to Company. Company will provide, upon written request, its HIPAA/HITECH and confidentiality policies.