Self Service License Agreement
This Self-Service License Agreement (“Agreement”) is made effective upon date of Acceptance below (the “Effective Date”), between eTeki, (the “Company”) and myself (“Buyer”). The Agreement governs yours acquisition and use of eTeki’s marketplace. By clicking “I Accept”, Buyer agrees to be bound by the terms and conditions set forth herein.
1. Description of Self-Serve Technical Interviewing Marketplace Services. “Self-Serve”
The parties acknowledge that the Company is primarily engaged in the business of providing a technical interviewing marketplace and video platform (“Platform”) to connect recruiters and hiring professionals (“Buyers”) with freelance IT professionals (“Sellers”), collectively referred to herein as the “Business.” Buyers and Sellers use of the Platform to interview individuals (“Candidates”), as part of a recruitment and/or hiring process. The Company is not a party to the interviews being conducted on the Platform.
The following services, known as the Self-Serve Technical Interviewing Marketplace (“Self-Serve TIM”), are intended for informational purposes only:
Buyer uses the Platform to upload job requisitions and candidate details, review matched profiles of Sellers to decide which has the skills and experience necessary to conduct a technical interview of Candidate(s), schedule the interview between the Seller and Candidate, and access technical feedback from the Seller after completion of technical interview. Deliverables for all technical interviews include a Candidate Evaluation Report and an archive of the technical interview.
2. Performance of Services.
- Access to Services: To receive services, Client must create an account online at eTeki.com. Use of eTeki.com is subject to acceptance of the Terms of Use, which Buyers are responsible for reviewing and accepting on the Company website.
- Business Hours & Customer Support: Live customer support is available Monday through Friday from 9AM to 9PM EST by website chat. Alternatively, Buyers can send an email to support@eTeki.com. Emails sent to the Company support email address will be acknowledged within 24 hours or the next business day. Business hours are subject to change without notice to the client.
- Platform Availability: We shall use commercially reasonable efforts to make the Self-Serve TIM available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give advance notice to the extent practicable) or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or failures of “Third Party Applications,” such as hardware or software products provided by third parties to Buyers, Sellers, and Candidates required for interoperation with the Platform.
3. Non-solicitation.
- Buyer agrees not to solicit services from the Seller or make payment via any means other than through the Platform. Furthermore, Buyer agrees to notify Company immediately if your Seller solicits you from outside of the Platform for freelance, contract or permanent work.
- At all times during and for one (1) year after Buyer’s engagement with the Company ends, whether voluntarily or involuntarily, Buyer agrees that they will not, directly or indirectly, either on their own account or jointly with or as a manager, agent, officer, employee, consultant, independent contractor, partner, joint venturer, owner, financier, shareholder, or otherwise on behalf of themselves or any other person, firm, or corporation, engage, or enter into any sort of arrangement for services with, solicit, or attempt to solicit away from the Company (a) any of their respective officers or employees; or (b) any officers, employees or contractors who worked for the Company within the 12 months immediately preceding the end of Buyer’s engagement with the Company to compete against the Company in a Business similar to that of the Company.
- In the event this non-solicitation policy is breached, Buyer may be removed from the Marketplace, the Company may file an injunctive relief against the Buyer without the necessity of proving that the Company suffered irreparable injury or damages, and the Company shall be entitled to recover its attorneys’ fees and litigation costs, in addition to all other remedies available at law or in equity.
4. Payment Policies.
Company reserves the right to make changes to platform service fees at any time. Sellers set their own per interview rate in their sole discretion. Currency fluctuations may result in daily changes to all fees. Use of coupon codes are contingent on the terms of the coupons at the time they are received. Full payment policies are available here.
5. Warranties of Service.
To the maximum extent permitted by law, all Services, including any documentation, publications, or other information provided therein by or on behalf of Company to Client, are furnished on an “AS-IS” basis without warranty of any kind as to its accuracy or completeness. All services are informational; Company does not warranty, results, completeness, or effect.
6. Disclaimer of Warranties.
The Warranties of Service set forth above is in lieu of all other warranties, whether express, implied, or statutory regarding the Services provided herein, including any implied warranties of merchantability, fitness for a particular purpose title, and non-infringement of third part rights (all of which are disclaimed). Company is not responsible for any misuse, accident, modification, unsuitable physical or operating environment, operation in anything other than the specified operating environment, or failure caused by a third party product or service. Client acknowledges that it is not relying on any warranties or statements by any person other than the express warranties set forth above. Company does not warrant the services will be error free or uninterrupted.
7. Cancellation of Service.
Company may cancel this Agreement at anytime by providing written notice to the Client to the primary email address in Buyers eTeki profile.
8. Limitation on Liability.
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 Buyer’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. Buyer/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 pending claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses arising out of or in any way relating to the services, Buyer’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 Buyer to eTeki in the preceding six (6) months. Buyer 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.
9. Costs and Attorneys’ Fees.
If either party shall bring an action to recover any sum due hereunder, or for any breach hereunder, and shall obtain a judgment or decree in its favor, the court may award to such prevailing party its reasonable costs and reasonable attorneys’ fees, specifically including reasonable attorneys’ fees incurred in connection with any appeals.
10. Modification of Agreement.
The parties may modify this Agreement only by written modification signed by both parties and attached to this Agreement.
11. Choice of Law & Venue.
These terms and conditions are governed by the laws of the State of Florida, without regard to conflicts of law principles, and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts of Hillsborough County, Florida.
12. Entirety of Agreement.
This Agreement sets forth the entire agreement of the parties with regard to marketplace subscriptions and purchases. No other written or oral representation is binding on the parties.