Last Updated: July 19, 2024
IMPORTANT: THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE FROM VIDHIREPRO INC. (“VidHirePro”) TO USE THE SERVICE (AS DEFINED BELOW). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
Registering as a Customer
To become a Customer and fully utilize the Service, you must complete the registration form on our Website, submit an order form through the Website, and pay the applicable subscription fees. Order Forms must be accepted by VidHirePro before these terms become binding on VidHirePro. During registration, Customers must provide a business email address, company name, and telephone number. Fees are non-refundable, and VidHirePro reserves the right to use the Service’s capabilities to assess usage and determine costs. If the Customer incurs any overages, VidHirePro will notify the Customer, who will be obligated to pay the associated costs.
Grant of License
3.1 Provision of Service: Conditioned on compliance with this Agreement and payment of the Service Fees, VidHirePro shall make the Service specified in the applicable Order Form available to the Customer during the Term. The Customer’s right to use the Service during the Term shall be in accordance with any additional conditions, restrictions, or parameters specified in the applicable Order Form executed by VidHirePro and the Customer.
3.2 Usage Limitations:
The Service includes access for unlimited Interviews, but usage is capped to the number of Uers or Jobs specified in the applicable Order Form for the subscription term. VidHirePro reserves the right to charge for any overages if the actual number of Users or Jobs exceeds the amount specified in the Order Form.
3.3 Customer Affiliates: Customer Affiliates may use the Service subject to the terms of this Agreement. The Customer shall ensure each Affiliate complies with this Agreement as if they were a party to it, and any act or omission by an Affiliate related to this Agreement shall be deemed an act or omission of the Customer. Additionally, each party may use one or more Affiliates to fulfill its obligations under this Agreement, provided such use does not affect the party’s obligations, and any act or omission by an Affiliate related to this Agreement shall be deemed an act or omission of that party.
General Provisions
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14.1 Relationship of the Parties The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
14.2 Notices All notices under this Agreement must be in writing and are deemed given when: (i) personally delivered; (ii) two business days after mailing; (iii) two business days after being sent by confirmed facsimile; or (iv) two business days after being sent by email. Notices to VidHirePro shall be addressed to the Legal Department. Notices to the Customer shall be sent to the registered account holder or the contact indicated on the Order Form unless otherwise specified.
14.3 Waiver and Cumulative Remedies No failure or delay by either party in exercising any right under this Agreement constitutes a waiver of that right. Except as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies available at law or in equity.
14.4 Severability If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified and interpreted to best accomplish the original provision’s objectives to the fullest extent permitted by law, and the remaining provisions shall remain in effect.
14.5 Assignment Neither party may assign any of its rights or obligations under this Agreement without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign this Agreement in its entirety without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any unauthorized assignment shall be void. This Agreement shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
14.6 Governing Law This Agreement shall be governed by the laws of the Province of New Brunswick, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14.7 Venue; Waiver of Jury Trial The courts in the Province of New Brunswick have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party consents to the exclusive jurisdiction of such courts and waives any right to a jury trial in connection with any action or litigation arising out of or related to this Agreement.
14.8 Force Majeure Neither party shall be responsible for failure to perform due to unforeseen circumstances or causes beyond its control, including acts of God, wars, terrorism, riots, embargoes, civil or military authority actions, fires, floods, accidents, strikes, labor issues (excluding those involving the affected party’s employees), computer, telecommunications, Internet service provider, or hosting facility failures, provided that such party promptly notifies the other party and uses reasonable efforts to limit the delay.
14.9 Export Customer acknowledges that the Service may be subject to export and import controls under the regulations of Canada, the United States, and other countries, and agrees to comply with all applicable export and import control regulations. Customer shall not use the Service for purposes prohibited by export laws, including nuclear, chemical, or biological weapons proliferation, and is responsible for procuring required permissions for subsequent export, import, or use of the Service.
14.10 Entire Agreement This Agreement, including any Order Forms and referenced documents, constitutes the entire agreement between the parties and supersedes all prior agreements, proposals, or representations, written or oral, concerning its subject matter. In the event of a conflict, the documents shall be controlled in the following order: (i) Order Forms with the latest date(s); (ii) this Agreement; and (iii) any other referenced documents. Terms stated in a Customer purchase order or order documentation are null and void.
14.11 Changes to the Service or Website VidHirePro reserves the right to alter the Website and/or Service at any time without liability. VidHirePro will provide thirty (30) days’ notice before suspending or discontinuing the Website or Service. The Website or Service may be unavailable periodically due to maintenance or other reasons. VidHirePro may add or update information and materials without notice.
14.12 Counterparts Order Forms executed under these terms may be executed in counterparts, which together shall form one legal instrument.
14.13 Updates VidHirePro may amend or update these Terms of Use periodically, and the most recent version will be posted on the Website. It is the Customer’s responsibility to review these Terms of Use for any changes. Continued use of the Website or Service after amendments or updates signifies acceptance of the revised terms. New features added to the Website or Service will be subject to these Terms of Use unless stated otherwise. Customers should visit this page periodically to review any updates.
