1. Acceptance of Terms of Service
Thank you for choosing to enter into this Agreement with EnjoyMondays, Inc. (also referred to as "Enjoy Mondays", "We", "Our", or"Us"). By using our Services, both individually and on behalf of any entity which you represent, you are agreeing to the Terms of Service below. As a user accessing our Services, you must agree to be bound by this Agreement as well as any additional terms referenced herein. These terms include our Privacy Notice and Data Processing Agreement which outline our approach to processing any Personal Data collected from you or provided to us. Should you fail to agree to this Agreement, the Privacy Notice, the Data Processing Agreement, and any additional agreements or documentation provided in reference, you will not be permitted to access our Services. By choosing to agree to this Agreement, you also represent to us that you have the authority to bind yourself, and/or any company/organization you represent, and have fully disclosed all necessary information in order to carry out the Services. Please note that any capitalized terms used throughout this Agreement have specific definitions, which may be referenced as necessary.
2. Services Offered
This Agreement pertains to all Enjoy Mondays services, including but not limited to: (a) the Enjoy Mondays Site, (b) Enjoy Mondays-branded app(s), (c) the Enjoy Mondays Match Service, (d) other Enjoy Mondays-related sites, apps, communications, and other services that state they fall under this Agreement. The Services covered under this Agreement encompass all registered Users of Our Services, which includes those seeking employment and/or contractor opportunities (i.e. Candidates), and companies interested in hiring or engaging Candidates (i.e. Clients).
By the Services, you guarantee that you are 16 or older. Usage of the Services is prohibited for individuals under age 16; we reserve the right to refuse service at our sole discretion and to modify eligibility criteria. To utilize Our Services, registration for an account is mandatory. By registering, You agree to submit precise,current, and complete data about Yourself ("Registration Data"), and keep it up to date. In case Enjoy Mondays finds Your Registration Data inaccurate, outdated, or incomplete, Your account may be suspended or terminated. You pledge not to: (a) fabricate an accountusing false details or information that doesn't belong to You; (b) possess more than one account; or (c) participate in the Services after earlier removal from them. We preserve the right, as the sole decision-maker, to approve or dismiss Your request to access Our Services and to halt or terminate Your account for any cause, or no cause at all. You are accountable for maintaining secrecy of Your password and account, and You will be held totally responsible for all actions under Your account. You are obligated to promptly inform Us of any unauthorized account use or any other violations of account security.
4. Your Responsibilities To Use Our Services
It is Your responsibility to use our Services appropriately and to ensure that no unauthorized use occurs, whether by third parties or by Your account. By accessing Our Services, You expressly acknowledge that You will refrain from: (a) copying or distributing any part of the Services, including via automated or non-automated “scraping”; (b) using automated systems such as “robots” and “spiders”; (c) compromising the integrity of Our systems or deciphering any server transmissions; (d) imposing an unreasonably large load on Our infrastructure; (e) uploading viruses or worms to our Service; (f) collecting or retaining personally identifiable information beyond the permitted use hereunder; (g) accessing the Service by any means other than authorized herein, which expressly forbids virtual private networks; (h) stalking, harassing, bullying or harming others; (i) impersonating any person or entity; or (j) providing fraudulent, manipulative, or inflammatory content, which includes hacking, spamming, phishing, or other cyber threats. Your access to Our Services is contingent on Your compliance with all policies, guidelines, and applicable laws. Additionally, You are responsible for ensuring that all personally identifiable information provided to Enjoy Mondays with respect to Your use of Our Services, including Assessments and Enjoy Mondays Match Services, is provided with complete and legal consents and permissions. Furthermore, in the event of a Covered Offer, You agree to provide Enjoy Mondays with key terms, including employment start date and compensation, as may be requested by Enjoy Mondays.
In accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, for the purposes of this agreement,Enjoy Mondays is an 'employment agency,' the Client is a 'hirer,'and the Candidate is a 'work-seeker.' The Candidate is required to furnish Enjoy Mondays with information pertinent to their identity, experience, training, qualifications, and authorizations necessaryto undertake work. Inability to do so on the Candidate's part may deny them an introduction to a Client. Similarly, the Client is bound to offer up all information essential for Enjoy Mondays to comply with its obligations under the Conduct Regulations. The Client is responsible for promptly notifying Enjoy Mondays of any changes regarding this. The failure to provide the required information, or providing falsified/incomplete information, may result in the questioning of the provided service. The Client shall indemnify Enjoy Mondays and its associates from any costs or damagesarising from the Client's breach of their obligations pertaining to this agreement.
5. Limitations On Liability
Enjoy Mondays shall not be held liable for:
(a) any Content posted on our services;
(b) contracts or other obligations that may arise among users;
(c) any damages resulting from your use of our services in violation of this agreement;
(d) any negative or critical comments posted by other users through our services;
(e) any third-party service(s) you may be provided pursuant to your use of our services;
(f) any third-party personally identifiable information uploaded or provided by you to Enjoy Mondays as part of the services.
To the maximum extent permitted by law, you understand and agree that under no event shall Enjoy Mondays be held liable for any indirect, incidental, special, exemplary, or consequential damages arising from the Service, whether or not Enjoy Mondays has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising from or in connection with this agreement, or from any communications, interactions, or meetings with other users of the service, on any theory of liability (including contract, tort, including negligence, or otherwise) arising out of, in connection with, or resulting from:
(i) the use or inability to use our services;
(ii) statements or conduct of any third-party on the services; or
(iii) any other matter related to the Services.
6. Third Party Agents
Clients are permitted to authorize third-party agents to use theService on their behalf ("Third-Party Agents"), but shall continue to bear responsibility for all such agent actions. Any breach of this Agreement by a Third-Party Agent shall be deemed a breach by the Client. The Service is intended for use only by Clients and their designated Users for internal business purposes and is not to be resold or distributed to any unauthorized third-party.
7. Third Party Services
Enjoy Mondays may provide or allow third-party services and providers (“Third-Party Services”) access to Your Content, which may offer links to content outside of the Enjoy Mondays network. These Third-Party Services are provided “AS IS” without indemnification, support, or warranty of any kind. Your use of any Third-Party Services is to be assessed and evaluated by You alone. When required or as applicable, opting-out of such Third-Party Services that are available outside of Enjoy Mondays network, or choosing not to utilize them at all, may be necessary. Third-Party Services may be suspended by Enjoy Mondays at any time. Prior to use, it is important to review the applicable terms and privacy policies of any Third-Party Service. By using these services, You may grant permission to operators to use Your information. Features, content, advertising, and products on or available from such Third-Party Services are not endorsed by Enjoy Mondays and are Your sole responsibility. The Services offer the possibility to connect to external websites, services or resources on the Internet, and these may contain links that reference the Services. It is important to remember that accessing third-party resources on the Internet is done at your own risk. Our control over these resources is limited, and therefore, we accept no liability or responsibility for the content, accuracy, suitability, legality, or any other aspect of such websites or resources.
8. Your Content
As a user of our services, any information you share through our platform is intended for other users. By submitting any content to us, you represent and warrant that you own all the rights to the content and/or have the right to grant us a license to use it. You also confirm that any personally identifiable information you provide has correct and legal permissions and consents. You further declare that the content does not infringe on the intellectual property, privacy, publicity, or other legal rights of any third-party. Although we are not obligated to review all user content posted on our platform, we reserve the right to do so to prevent or rectify instances of any alleged violations of this agreement or applicable law.
We reserve all defenses available to us under the Communications Decency Act and other applicable laws, rules, or regulations. We may refuse-content that we deem inappropriate, and remove or delete any portion of it at any time. Please note that Enjoy Mondays is not responsible for the accuracy, usefulness, safety, or intellectual property rights of the content you share, and that all the contents uploaded on the platform are non-confidential and intended to be shared with other users. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. In such cases, you waive any legal or equitable rights or remedies you may haveagainst the "Enjoy Mondays Parties" with respect to the content you were exposed to. By using our services, you agree that your content will not be confidential and that Enjoy Mondays will not be liable for any treatment of your content as confidential. If you do not agree to these terms, please do not use our platform.
The Content remains under the Users' possession upon creation or upload via the Services. However, hereafter, Enjoy Mondays and its proprietors, associates, agents, licensees, licensors, and assigns (the “Enjoy Mondays Parties”) possess a non-exclusive, fully paid, royalty-free, world-wide, universal, transferable license to display, modify, distribute, store, publicly perform, broadcast, transmit and reproduce Your Content, service marks, logos, trademarks and trade names in conjunction with the Services, for enhancing, developing, and supporting them. This license also includes the Users waiving and agreeing to never bring forth any and all moral rights to all elements licensed under this clause. Enforcing advertisements related to the Content remains solely at our discretion.
10. Intellectual Property Rights
The Services, including all logos, trademarks, designs, and other items therein (“Marks”), are owned by or licensed to Enjoy Mondays, and are subject to copyright and other intellectual property rights under United States, foreign laws, and international conventions. Enjoy Mondays reserves all rights in and to the Services. You agree not to use, copy, or distribute any content within the Services beyond authorized use.
11. Warranty Disclaimer
Enjoy Mondays PARTIES MAKE NO GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (E) WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO THE SERVICES; WHAT CONTENT YOU ACCESS VIA THE SERVICES; OR HOW YOU MAY INTERPRET OR USE CONTENT; (F) YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES; (G) THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS.
YOU'RE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. WE WANT TO REMIND YOU THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MIGHT BE VIEWED BY THIRDPARTIES, THUS, IT'S NOT CONSIDERED CONFIDENTIAL. FOR THIS REASON,ENJOY MONDAYS WON'T BE HELD RESPONSIBLE OR LIABLE FOR YOURCOMMUNICATION'S CONTENT OR ANY ATTACHMENTS, OR THE RECIPIENT CHOSEN BY THE SENDER OF THE MESSAGE. THIS APPLIES TO EMAILS SENT VIA YOUR PREFERRED E-MAIL SERVICE OR THROUGH THE SERVICE.
IF YOU RESIDE IN A JURISDICTION THAT NECESSITATES A SPECIFIC RELEASE STATEMENT, THEN THE FOLLOWING APPLIES: CALIFORNIA RESIDENTS MUST WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542 TOACCEPT THIS AGREEMENT. THE CODE STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR ORRELEASED PARTY." BY ACCEPTING THIS AGREEMENT, YOU WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE, AS WELL AS ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT.
You are required to defend and indemnify Enjoy Mondays Partiesagainst any third-party claims, which includes attorney's fees, settlements, court costs, and disbursements in regard to the following:
(a) Your Content
(b) Your use of the Services in violation of this Agreement
(c) Your violation of this Agreement
(d) Your violation of any law, rule or regulation, or the rights of any third-party- including the upload or provision of personally identifiable info through the Service
(e) Your use of Third-Party Services
(f) Claims alleging that the Enjoy Mondays Parties and Client are joint employers.
13.1. DMCA Notices
We take copyright and trademark infringement very seriously and abide by paragraph 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI2002/2013) and Article 14 of the E-Commerce Directive (2001/31/EC). If we receive prompt notification from the intellectual property right(s) owner or their legal representative about any content infringing their intellectual property right(s), we reserve the right, at our sole discretion, to terminate the account of the user responsible and/or remove the infringing content, without any liability to other users.
If you think your work has been copied and posted through our Service in violation of copyright laws, please provide our Copyright Agent with:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe has been infringed;
- A description of the material that you believe is infringing and where you believe it is located on our Service;
- Contact information for you (address, telephone number, and e-mail address);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for our Copyright Agent is as follows: Enjoy Mondays, Inc. (Attn: Copyright), 7512 W 80th Street, Overland Park, KS 66204.
Each party shall adhere to the laws applicable to this Agreement. This Agreement shall abide by the laws of the State of Kansas, with no consideration to its principles regarding conflicts of law. All disputes shall be resolved solely in state or federal court in Johnson County, Kansas. You recognize that the Services are of United States origin and commit to complying with all export laws and regulations of the United States.
13.3. Dispute Resolution
PLEASE GIVE CAREFUL ATTENTION TO THIS SECTION.
Any disputes shall be resolved through confidential and binding arbitration conducted in accordance with the Federal Arbitration Act. The arbitration will adhere to the Commercial Arbitration Rules of the AAA, including the Supplementary Procedures for Consumer Related Disputes where appropriate. Each party will bear its own fees and expenses (including attorney fees). However, the Company reserves the right to access judicial relief, such as injunctions, to defend its intellectual property rights. The agreement indicates the waiver of the right to initiate legal proceedings. Arbitration records are enforceable by a court and subject to limited review. Individual claims must be brought independently, and the arbitrator is not authorized to combine individual claims or award excessive damages. Additionally, the arbitrator may award equitable remedies within the parameters of the Agreement. The award by the arbitrator will be binding and conclusive, except as permitted by United States federal law or Kansas state law.
13.4. Force Majeure
We shall not be held accountable for any failure or delay in performance caused by circumstances beyond our reasonable control.
13.5. Severability; Headings.
In the event that any provision of this Agreement is found to be unenforceable, all remaining provisions will remain in full force and effect. In case of a conflict between any provisions, Enjoy Mondays reserves the right to determine which provision takes precedence. Headings are included only for convenience.
We reserve all rights as per applicable law. Our non-enforcement of any provision of this Agreement or under applicable law shall not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
13.7. Sourcing Services
Enjoy Mondays offers Sourcing Services including sourcing and recruiting assistance for Clients. By utilizing the Sourcing Services, Clients may benefit from candidate sourcing via EnjoyMonday's platform. It is acknowledged that all hiring and employment decisions remain at the sole and exclusive determination of the Client, and Enjoy Mondays disclaims any responsibilities regarding such decisions. Please note that we do not provide any representations, warranties, or guarantees with respect to the Sourcing Services. The subscription will continue until the end of the term as specified on the Subscription Agreement and may not be terminated early by the Client. Please be advised that Clients are solely responsible for any actions pursued with respect to the Sourcing Services.
With the exception of the following, neither party may assign or transfer this Agreement, including any associated responsibilities or entitlements, without prior written permission from the other party. Any attempted assignment will be considered null and void. However, this Agreement, along with all its rights, may be assigned to an entity that acquires all or substantially all of our business and/or assets without the need for your approval. Both parties and their permitted successors and assigns benefit from this Agreement and are mutually obligated.
Please note that notices and messages regarding the Services will be provided by us either within the Services or sent to the contact information you have provided. It is your responsibility to ensure that your most current email address is on file with Enjoy Mondays. If an invalid email has been provided, or the email address on file is not capable of receiving Enjoy Mondays notices, we will nonetheless consider our dispatch of such email to be an effective notice. Please address any communications to Enjoy Mondays at Vettery, Inc., 33 West 23rd Street, 2nd Floor, New York, NY 10010. Notices shall be considered given when received by us via overnight delivery service or first-class postage prepaid mail.
13.12. Entire Agreement and Severability
These Terms of Service represent the complete agreement between you and us regarding the Services, including the use of the Site, and supersede all prior or contemporaneous communications and proposals, whether written, oral, or electronic. If any provision of these Terms of Service is deemed invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary so that these Terms of Service can remain in full force and effect. Failure by either party to pursue any right provided for herein shall not be considered a waiver of any additional rights.
13.13. Electronic Communications
All communication between You and Enjoy Mondays under the Services may be conducted via electronic mail or other electronic means. By using the Services, You agree to receive communications from Enjoy Mondays in electronic form. You also acknowledge that any terms, conditions, or information provided to You electronically are fully equivalent to those in writing, satisfying all legal requirements.
13.14. California Users And Residents
As per California Civil Code Section 1789.3, please direct any pricing related questions or complaints to our agent, Enjoy Mondays, Inc. at 7512 W 80th Street, Overland Park, KS 66204, via certified mail.
Additionally, California Users are entitled to specific consumer rights and may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834 or via phone at (916) 445-1254 or (800) 952-5210.
This Agreement is subject to modification, at any time, at EnjoyMondays' exclusive discretion. The updated Agreement will be madeavailable by posting on the Enjoy Mondays Site, and the "LastRevised" date will be updated accordingly. Users registered to avail of our Services may also be duly notified of the changes through email or the platform itself in case of material alterations. The modifications will be effective surfacing upon publication, andEnjoy Mondays may request the users' consent to the updated Agreement. Kindly note that if you do not align with any of theintroduced changes, you must discontinue the use of Enjoy Mondays' Services. We urge you to visit the Services on a regular basis to keep abreast of the current terms and conditions appearing in your Agreement with Enjoy Mondays.
14. Specific Terms for Use of the Enjoy Mondays Marketplace
The Enjoy Mondays Marketplace is owned and operated by Enjoy Mondays. It offers a platform for Clients and Candidates to connect regarding potential employment opportunities. Enjoy Mondays is a platform provider only, any communication, hiring, or other decisions rest solely with the Client and Candidate.
14.2. Client Specific Terms
After registering for the Service, Clients gain access to review matched candidates, communicate with them, and submit non-binding interview requests. PLEASE NOTE THAT ENJOY MONDAYS DOES NOT CONDUCT BACKGROUND CHECKS OR VERIFY THE STATEMENTS OF ITS USERS. AS A RESULT, YOU ARE RESPONSIBLE FOR CONDUCTING ANY NECESSARY DUE DILIGENCE, INCLUDING BACKGROUND AND REFERENCE CHECKS, BEFORE ENGAGING WITH ANY POTENTIAL CANDIDATES.
Upon discovery of a Candidate through the Service, the Client agrees to submit all Interview Requests exclusively through the Service. While other communication means can be utilized between the Client and Candidate after Interview Requests have been submitted, the Client must not attempt to communicate with the Candidate through alternative or independent means, thus circumventing the Service in an attempt to hire the Candidate.
14.3. Limited Candidate Exclusivity
Candidates found on Enjoy Mondays Service are considered exclusive to Enjoy Mondays for ninety (90) days from the date the Client views their profile. During this exclusivity period, if the Client presents a Covered Offer (as defined below) to the Candidate, Enjoy Mondays then-current Success Fee will be charged (unless covered by an active Subscription Agreement). If a Candidate is hired by a Client through means other than the Service within ninety (90) daysafter this Agreement's expiration or termination, the Client will owe Enjoy Mondays a fee equivalent to twenty-five percent (25%) of the 1st year base salary or pro-rated contractor compensation of theCandidate. Additionally, Enjoy Mondays may terminate the Client's account at its sole discretion.
14.4. Subscription Agreements
Clients who engage in a Subscription Agreement with Enjoy Mondays (individually referred to as a “Subscription Client” and collectively known as “Subscription Clients”) will be charged a Subscription fee as agreed upon between the Client and Enjoy Mondays. This fee will cover the period as agreed upon between the parties, known as the “Subscription Period”. During this period, Subscription Clients will be able to browse, request, contact (through the Service), and extend Covered Offers to Candidates listed on the Service. It is essential to note that all Covered Offers must be for positions located in the territories outlined in the Subscription Agreement.
If your Subscription Agreement features payment obligations for Covered Offers, you must pay the applicable Committed Success Fee as listed in said Agreement. If a dispute arises regarding Committed Success Fees, and the Client can furnish proof of active communication with a candidate over the prior three months, Enjoy Mondays may at its discretion determine if the fee still applies. If a Candidate is terminated or discontinues their employment or contractor engagement withing ninety days of the start date, a credit shall be issued for the corresponding Committed Success Fees paid. Any such credit will be valid for a period of twelve months from the date of issue. Please be advised that the obligation to pay any Success Fees persists after termination of this Agreement.
14.5. Registration and Authorized Users
The Services allow you to enroll for an account on the Site, hereafter referred to as an “Account”. You are obliged to provide accurate, complete, and up to date details for your Accountinformation. Selecting or using another person's name as your username with the aim of impersonation is prohibited. Similarly,usernames concerning a particular person's rights, without proper consent, must be avoided. Offensive, vulgar, or obscene usernames are explicitly prohibited. The responsibility of activity happening on your Account solely lies with you, and you must ensure the security of your Account password. Permission must be taken before using another user account or registration information for the Services. In case of any security breach or unauthorized access to your Account, change the necessary information. Your Account may be terminated directly or through a request to our employees or affiliates.
The Client shall designate one user per seat and ensure non-sharing of password details. If the current user exits employment or changes roles, then the seat may be reassigned to another user. Enjoy Mondays retains the right to limit seat transfers and considers seat sharing a material breach of the agreement. To remedy a breach, anyvacant seats may be assigned to an "Unauthorized User" if there are any, otherwise, Enjoy Mondays shall assess a fee.
The client has the option to include more seats at any point withinthe Service Term, only for the term's duration.
14.6. Candidate Specific Terms
The is required to immediately inform Enjoy Mondays of any of the following instances:
(a) An acceptance of the Client's employment offer, whether for an indefinite or fixed term.
(b) Acceptance of an offer to engage as a contractor, whether for an indefinite or fixed term (defined as a Contractor Engagement).
(c) Acceptance of the Client's employment offer within 12 months post the termination of a Contractor Engagement with that particularClient (referred to as a "Covered Offer").
Agreement is mandatory to comply with the following:
(i) Notification of Enjoy Mondays in case of a Covered Offer received; specifying the start date and key terms of the offer. Also, prompt notification of any change in starting date or offer terms should be communicated.
(ii) Following termination of employment as a Candidate, intern, coop Candidate, consultant or contractor, prompt notification of Enjoy Mondays must be made in case of (A) termination by Client within 90 days of employment commencement on grounds of unsatisfactory performance or (B) voluntary termination within 90 days of engagement commencement.
Candidates are strictly advised against attempting to bypass the Service by communicating directly with the Client who made contact or communicated with them through the Service.
We reserve the right to suspend or terminate the Services or Your account at Our discretion without notice. However, We will make every effort to provide a prompt explanation to You if necessary. If You are a Client and violate this Agreement, We will inform You of the breach and allow thirty (30) days to rectify the matter. If the breach remains unresolved, We will terminate this Agreement with You. If You are a Candidate, You may close Your account to terminate this Agreement. Enjoy Mondays cannot be held liable for any suspension or termination. All Agreement provisions, such as ownership, success fees, warranty disclaimers, indemnity, and limitations of liability, will survive termination.
All Enjoy Mondays Services fees are due and payable in full within 15 days from the date indicated on each invoice sent by Enjoy Mondays, unless Enjoy Mondays indicates otherwise in writing or in your agreement. If any Success Fees, Subscription Service Term fees, or other charges remain unsettled by the client within ten (10) days after the fifteen (15) day payment requirement set forth herein,Enjoy Mondays will levy a late payment fee on the client's invoice equal to five percent (5%) of the outstanding balance for each month or fraction thereof until paid. The total amount charged will follow what the maximum amount permitted by law is.
If you're on a monthly payment plan for Enjoy Mondays Marketplace, any default of sixty (60) or more days will result in a charge of 18% of the Candidate’s base salary for any Covered Offers accepted prior to or during the delinquency period. You confirm that you are responsible for paying all relevant taxes associated with your payment for Enjoy Mondays Services and agree that Enjoy Mondays reserves the right to change its fees and billing practices at anytime by providing notice to you as set forth in the "Notice" section herein.