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PHONE HOTLINE: +1 (855) 967-3800E-MAIL: support@yellowstonelocal.com
Get Started
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Yellowstone Local

Client Terms and Conditions of Service

Introduction

These Terms and Conditions govern the use of services provided by Yellowstone Local, a company specializing in recruiting services including software licensing, recruiting, employer branding, and hiring assistance. By using our services, you agree to these Terms and Conditions. Please read them carefully.

Definitions

  • Service: Any service provided by Yellowstone Local, including but not limited to software licensing, recruiting, employer branding, and hiring assistance.
  • Client: Any individual or entity that enters into a contract with Yellowstone Local for the provision of services.
  • Agency: Yellowstone Local LLC, the agency servicing the Client.
  • Contract: A binding agreement between Yellowstone Local and the Client for service provision.
  • Account Owner: Any person whose signature is present on a signed contract or whose payment information is used for payment of service between the agency and the client.
  • Agreement: Refers to the contractual relationship between Yellowstone Local and the Client, encompassing these Terms and Conditions, any signed contracts or service agreements, and any other documents or communications that form part of the contractual obligations and understandings between the two parties. This includes, but is not limited to, the agreed-upon terms of service provision, payment terms, service duration, and responsibilities of both Yellowstone Local and the Client.

User Registration and Account Management

Clients must register and maintain an account to access certain services. Clients are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Yellowstone Local is not liable for any loss or damage resulting from the Client's failure to protect their account information.

Payments

  • CLIENT agrees to pay the fees as listed in the agreement or proposal.
  • AGENCY is authorized to charge CLIENT’s credit, debit card, or bank account on file according to the agreed schedule.
  • Subscription payments are auto-billed and charged on the same day each billing cycle as the initial payment date.
  • AGENCY reserves the right to stop work until payment is made.
  • A late fee of 5% per month applies to invoices at least 5 days past due.

Subscription Terms & Auto-Renewal

This AGREEMENT shall continue in force unless AGREEMENT is one (1) year or longer, or until either party terminates this AGREEMENT as per the “TERMINATION” section contained herein. This AGREEMENT will automatically renew for an additional term based on the original term length unless CLIENT declines the automatic renewal option via phone to the dedicated Client Success Manager within 30 calendar days before the end of the original term. Either party shall request adjustments or amendments to this AGREEMENT which will only be executed and enforced upon agreement and written signatures of both parties.

Termination of Agreement

  • Termination for Convenience:
    • CLIENT may terminate the agreement by providing notice via phone call.
    • For agreements longer than one month, a 30-day notice is required.
    • For month-to-month agreements, a 15-day notice is required.
    • CLIENT must pay all fees due at the time of cancellation.
    • AGENCY shall cease work upon receipt of notice unless otherwise directed by CLIENT.
    • For fixed fee projects, the parties shall mutually agree on the portion of services completed as of the date of termination, and CLIENT shall pay fees corresponding to that portion. Prepaid amounts for fixed fee projects are non-refundable.
  • Termination for Cause:
    • If CLIENT materially breaches the agreement and fails to cure the breach within ten (10) days, the non-breaching party may terminate the agreement.
    • The cure period for payment-related breaches is thirty (30) days.
  • Effects of Termination:
    • The termination or expiration of one Statement of Work, Quote, or Proposal shall not affect this AGREEMENT or any other Statement of Work, Quote, or Proposal. In the event this AGREEMENT is terminated or expires and a Statement of Work, Quote, or Proposal hereunder is still in effect and not terminated or expired, the provisions of this AGREEMENT shall govern such Statement of Work, Quote, or Proposal until its termination or expiration.
  • Return of Property:
    • Upon the termination or expiration of this AGREEMENT or upon the request of CLIENT, AGENCY agrees to end all further use of, to immediately return to CLIENT the original version of, and to delete or destroy all copies of (and upon request from CLIENT, provide a written certification to CLIENT of such deletion or destruction), any and all Client Confidential Information, Deliverables (whether completed or work-in-progress), documents, data, tools, computer programs, equipment, and log-in credentials furnished by CLIENT or created or prepared by AGENCY pursuant hereto.
  • Survival:
    • The terms and conditions of this AGREEMENT that would, by their nature, survive the expiration or termination hereof, shall so survive the expiration or termination of this AGREEMENT for any reason.

Refunds And Guarantees

  • Overview:
    • This Money Back Guarantee ("Guarantee") is provided by Agency to its clients as an assurance of service satisfaction at the Agency’s discretion.
  • Eligibility Period:
    • The Guarantee is valid for the first three months of service from the commencement date of the Client's agreement with the Company.
  • Requesting a Refund:
    • Account Owners must submit a refund request in writing. The request must be received by the Company no later than 15 days before the end of the first three months of service. Requests received after this deadline will not be eligible for the Guarantee.
  • Conditions for Refund:
    • The Guarantee applies only to the services specified in the initial agreement between the Client and the Company.
    • The refund is limited to the fees paid by the Client for the first three months of service.
    • Additional costs, expenses, or fees are not covered.
  • Processing of Refund:
    • Upon receiving a valid refund request, the Company will process the refund subject to the terms herein.
    • The Company reserves the right to investigate and validate the refund request to ensure compliance with the terms of the Guarantee.
  • Payment of Refund:
    • Approved refunds will be processed and paid to the Client within 60 days from the date of approval (Net 60).
    • Refunds will be issued to the original payment method used by the Client unless otherwise agreed upon.
  • Limitations:
    • The Guarantee is limited to the Client's first three months of service with the Company and is not applicable for any renewals or extensions of service beyond this period.
    • The Guarantee does not apply if the Client has breached any terms of the service agreement with the Company.
    • This Guarantee does not affect the Client's statutory rights. The Guarantee only applies to the Active Hiring service line item and associated fees.
  • Modifications to Guarantee:
    • The Company reserves the right to modify the terms of this Guarantee at any time. Such modifications will not affect any refund requests submitted prior to the changes.

Exclusivity Terms

  • Scope of Exclusivity: The Agency agrees to make best efforts to provide exclusive recruitment services to the Client for specific job positions within a designated geographical area ("Exclusive Area"). The term "exclusive" as used in this Agreement means that the Agency will not knowingly provide similar recruitment services for the same job position to another client within the Exclusive Area.
  • Exclusivity Limitations: While the Agency will strive to maintain exclusivity for the Client, this is not guaranteed. Circumstances may arise where the Agency, at its discretion, may provide services to other clients in the Exclusive Area for the same job position. The Agency is not liable for incidental overlaps in service provision that may occur despite best efforts to maintain exclusivity.
  • Exceptions to Exclusivity: The Agency may, at its discretion, serve other clients in the Exclusive Area if:
    • The job position or industry is significantly different from that of the Client’s.
    • The Client has paused or terminated their recruitment campaign.
    • There is a substantial business need or opportunity that necessitates serving another client.

Confidentiality

  • CLIENT Confidential Information: During the Term, the AGENCY may have access to or receive certain information about the CLIENT that the CLIENT designates as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential by the AGENCY (“Client Confidential Information”). Confidential Information includes information relating to the CLIENT or its current or proposed business, financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, and other confidential information, provided orally, in writing, by drawings, or by any other media. The AGENCY will treat the Client Confidential Information as confidential and will not disclose it to any third party or use it for any purpose but to fulfill its obligations in this agreement. In addition, the AGENCY shall use due care and diligence to prevent the unauthorized use or disclosure of such information.
  • AGENCY Confidential Information: Pursuant to this Agreement, AGENCY may disclose to CLIENT or CLIENT may obtain access to information or material (in whatever form maintained, whether documentary, computerized, electronic, oral or otherwise) concerning or related to AGENCY’s tools, methodologies, algorithms and/or processes, which is identified as “Confidential” or “Proprietary” in writing by AGENCY (“AGENCY Confidential Information”). “CLIENT Confidential Information” and “AGENCY Confidential Information” may be referred to collectively or individually herein as the “Confidential Information.”
  • Non-Use and Non-Disclosure: For purposes of this AGREEMENT, the term “Receiving Party” means a party that has received, accessed, developed, or created confidential Information of the other party (“Disclosing Party”). Except as permitted in this AGREEMENT, a Receiving Party shall not use the Confidential Information of the Disclosing Party except for the purpose of performing its obligations under this AGREEMENT or exercising the rights granted in this AGREEMENT (the “Purpose”). A Receiving Party shall protect all Confidential information of the Disclosing Party from disclosure and unauthorized use in the same manner that it protects its own proprietary and confidential information of like nature, but in no event shall such standard of care be less than reasonable care. A Receiving Party may disclose Confidential Information of the Disclosing Party only to those of its employees, subcontractors, contractors, directors, advisors, auditors, attorneys, and consultants (collectively “Representatives”) who require such information for the Purpose and who are subject to confidentiality obligations at least as protective as those set forth herein. Except as expressly authorized hereunder, a Receiving Party shall not copy the Confidential Information of the Disclosing Party without the Disclosing Party’s prior written consent. A Receiving Party shall immediately notify the Disclosing Party in the event of any unauthorized use or disclosure of such Disclosing Party’s Confidential Information. In the event that the Disclosing Party’s Confidential Information is required to be disclosed by the Receiving Party pursuant to law, regulation or valid court order, the Receiving Party shall be permitted to make such disclosure; provided, however, that (i) it shall promptly notify the Disclosing Party of that fact in writing to permit the Disclosing Party the reasonable opportunity to appear in any judicial proceeding involved or otherwise act to preserve its rights, and (ii) such disclosure is not greater than what was required to be compliant with such law, regulation or order. The foregoing obligations in this Section 3 shall not apply to information which (a) is already in the public domain at the time of disclosure or later becomes available to the public through no breach of this Agreement by the Receiving Party or its Representatives, (b) is already lawfully in the Receiving Party’s possession at the time of disclosure, without an obligation of confidentiality, as evidenced by the Receiving Party’s business records, (c) is received independently by the Receiving Party from a third party who was free to lawfully disclose such information to the Receiving Party, or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, as evidenced by the Receiving Party’s business records. Each party further agrees not to disclose the terms of this Agreement to any third party except to the extent that disclosure is necessary to a party’s directors, advisors, auditors, and attorneys.

Severability

If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Contract shall remain in full force and effect.

Attorney’s Fees

In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

Non-Waiver

Failure by one party of this Agreement to require performance of any provision(s) shall not affect that party’s right to require subsequent performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Partner of Agency

The relationship between parties is not to be construed as a partnership or agency and this Contract does not create either form of relationship.

Consequential Damages

Neither party to this Agreement will be held responsible for consequential (indirect) damages (e.g., loss of profit) because of any alleged failures by the other party.

Limitation of Liability

In no event shall AGENCY, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or other intangible losses, arising out of or in connection with the use of our services, even if advised of the possibility of such damages.

The Client is responsible for ensuring that all hiring decisions and processes are conducted in full compliance with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to equal employment opportunity and anti-discrimination laws.

Signature Authority

Both parties warrant that they have read and understand the terms set forth in this agreement. Each party hereby represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the Other Party and that this Agreement is binding upon the Other Party in accordance with its terms.

Entire Agreement

This AGREEMENT constitutes the entire AGREEMENT between the parties with respect to the Project subject matter. It supersedes all previous AGREEMENTs and understandings between the parties and each party acknowledges that, in entering into this AGREEMENT, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties, or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this AGREEMENT. Thus, this Contract and attached Exhibits constitute the sole AGREEMENT between the Agency and the CLIENT. The Contract becomes effective when signed by CLIENT. Submission of this contract by the Agency implies lawful signature and acceptance of terms.