07/12/2023 – By Agile Workplace Staffing

1. ACCEPTANCE

 

Welcome to the Agile Workplace Staffing websites and the Agile Workplace Staffing mobile application, together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Agile Workplace Staffing Inc. and its subsidiaries (“Agile Workplace Staffing” or “we” or “us”).

 

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Agile Workplace Staffing. These Terms incorporate any additional terms and conditions posted by Agile Workplace Staffing through the Sites, or otherwise made available to you by Agile Workplace Staffing.

 

The Privacy Policy  (alternately referred to as the “Policy”) describes how Agile Workplace Staffing may use and disclose information that we may collect about all users and viewers through the Sites.

 

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES OR THE INFORMATION DISPLAYED ON THE SITES CONSTITUTES ACKNOWLEDGEMENT OF HAVING READ AND UNDERSTOOD THESE TERMS AND POLICY AND YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.

 

We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.

 

In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Agile Workplace Staffing (“Other Terms”), the Other Terms or agreement shall control.

 

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links), or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.

 

Agile Workplace Staffing is not a law firm and does not provide legal representation. Agile Workplace Staffing project attorneys do not constitute a law firm among themselves.

 

Table of Contents

 

1. ACCEPTANCE

2. ELIGIBILITY

3. LICENSE

4. USER-SUBMITTED MATERIALS

5. FEEDBACK

6. RULES OF CONDUCT

7. THIRD-PARTY MATERIALS

8. INDEMNIFICATION

9. DISCLAIMER

10. LIMITATION OF LIABILITY

11. TERMINATION

12. NOTICE OF COPYRIGHT INFRINGEMENT

13. GOVERNING LAW; JURISDGENERAL

14. GENERAL

15. ACCOUNT AND PASSWORD

16. CUSTOMERS

16.1 Registration

16.2 Payments Through the Sites

17. CANDIDATES

17.1 Registration and Use of the Sites

17.2 No Guarantee

17.3 Authorization and Certification

17.4 No Charge

17.5 Confidentiality

17.6 Employment and Income Verification

18. Agile Workplace Staffing DIRECT

18.1 Introduction

18.2 Description of Services

18.3 Additional Terms and Service

18.4 Contact Information

19. MOBILE APPLICATION

19.1 Account and Password

19.2 Push Messages

20. ONLINE TIME REPORTING AND APPROVAL SYSTEM

20.1 Introduction

20.2 Direct Deposit

20.3 Data Entry and Approval

        20.3.1 Employee and Independent Contractor Data Entry

        20.3.2 Customer Data Entry

        20.3.3 General Data Entry Terms

20.4 Account Security

21. CONTACT US

 

 

2. ELIGIBILITY

By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization,” or collectively also referred to as “you”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

 

The Sites are intended for use by residents of the United States only. The Sites are controlled and/or operated from the United States, and are not intended to subject Agile Workplace Staffing to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

 

 

3. LICENSE

Subject to and conditioned on your compliance with these Terms, Agile Workplace Staffing grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use or for the purpose of doing business with Agile Workplace Staffing.

 

The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Agile Workplace Staffing or its suppliers, and are protected by U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.

 

All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Agile Workplace Staffing or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.

 

 

4. USER-SUBMITTED MATERIALS

The Sites may include functionality that enables you to upload your résumé, other employment and career-related information, job orders, and/or other information related to your Organization, and may also enable you to submit comments, materials, or contact information, including but not limited to your name, email address, and phone number, or to chat and engage in other messaging functionality through interactive features such as blogs, message boards, other forums. All such résumés, information, comments, and materials are “Submitted Materials.” For clarity, you retain ownership of your Submitted Materials. If you choose to submit Submitted Materials, you hereby grant Agile Workplace Staffing a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

 

If you choose to submit Submitted Materials, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Submitted Materials that you may have under any applicable law under any legal theory. It is your responsibility to ensure the Submitted Materials are true, accurate, current, and complete.

 

Agile Workplace Staffing may (but has no obligation to) screen, monitor, evaluate, and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

 

For clarity, certain information that you provide to Agile Workplace Staffing through the Sites may also be governed by Agile Workplace Staffing’s Privacy Policy, located at agilewps.com/privacy.

 

 

5. FEEDBACK

We do not accept or consider any unsolicited ideas, proposals, suggestions, or other materials whether related to the Sites or otherwise (collectively, “Feedback”), including Feedback about new or improved products, technologies, or potential security vulnerabilities. Please do not submit any Feedback to us. If you do submit Feedback, you hereby acknowledge and agree that regardless of what your correspondence says, (a) Agile Workplace Staffing is not obligated to review, acknowledge, or pay you for any Feedback; (b) such Feedback automatically becomes our intellectual property, without any compensation to you, and we may use or distribute the Feedback in any way and for any purpose without restriction; (c) Agile Workplace Staffing has no fiduciary or other obligation to you or to any other person; (d) Feedback shall be deemed to be non-confidential; and (e) Agile Workplace Staffing has no obligation to keep Feedback confidential. We reserve the right to pursue civil and criminal action against you and to notify law enforcement for any violations of these Terms, including, but not limited to, research into potential security vulnerabilities of the Sites.

 

 

6. RULES OF CONDUCT

In connection with the Sites, you agree NOT to:

 

  • Post, transmit, or otherwise make available through or in connection with the Sites, any Submitted Materials or Feedback that are or may be (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.

 

  • Post, insert, transmit, or otherwise make available through or in connection with the Sites any malicious or harmful software that is or is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment, including Third-Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal data; or (c) prevent detection of any unauthorized invasion of any hardware, software, or equipment (each, a “Virus”).

 

  • Use the Sites for any unauthorized commercial purpose, including competing with Agile Workplace Staffing, or for any purpose that is fraudulent or otherwise tortious or unlawful.

 

  • Harvest or collect information about users of the Sites.

 

  • Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Sites, or violate any requirement, procedure, or policy of such servers or networks.

 

  • Restrict or inhibit any other person from using the Sites.

 

  • Reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.

 

  • Reverse engineer, decompile, or disassemble any portion of the Sites, except where such restriction is expressly prohibited by applicable law.

 

  • Remove any copyright, trademark, or other proprietary rights notices from the Sites.

 

  • Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.

 

  • Systematically download and store Site content.

 

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without Agile Workplace Staffing’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Agile Workplace Staffing grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Agile Workplace Staffing reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

 

  • Permit, assist, or encourage any other person to do any of the foregoing in this section or to engage in any act or omission that would constitute a breach of these Terms.

 

 

7. THIRD-PARTY MATERIALS

The Sites may make available or provide links to third-party websites, content, services, or information (“Third-Party Materials”). Agile Workplace Staffing does not control, and is not responsible for, any Third-Party Materials and the availability of, or any links to, any Third-Party Materials on the Sites do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

 

 

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Agile Workplace Staffing and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials) or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement without Agile Workplace Staffing’s prior written consent. This indemnity obligation shall survive the termination of these Terms.

 

 

9. DISCLAIMER

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, AND Agile Workplace Staffing EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE.

 

While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct, or secure, or that access to the Sites will be uninterrupted. We are not responsible for any inaccuracies, errors, or materials on the Sites. Additionally, we are not responsible for any unauthorized alterations to the Sites made by third parties.

 

You expressly acknowledge that the Sites might be affected by circumstances beyond Agile Workplace Staffing’s control, might not be continuous, uninterrupted, or secure, and are subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Agile Workplace Staffing is not responsible or liable for any delays, failures, damage, loss, or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of Agile Workplace Staffing and its subcontractors and service providers might not protect the Sites against unauthorized access, use, or disclosure. Agile Workplace Staffing is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of the Sites or any data stored or processed on the Sites (including Submitted Materials), whether through accident, fraudulent means or devices, or any other method.

 

 

10. LIMITATION OF LIABILITY

YOU AGREE Agile Workplace Staffing AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS, DATA, OR OTHER INTANGIBLES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE Agile Workplace Staffing WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF Agile Workplace Staffing FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $100.

 

Applicable law may not allow for limitations on certain implied warranties and conditions, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

 

 

11. TERMINATION

Agile Workplace Staffing may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension (a) your right to access and use the Sites will immediately cease; (b) Agile Workplace Staffing may immediately deactivate or delete your username, password, and account; (c) Agile Workplace Staffing will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials or Feedback) and may retain or delete such materials in Agile Workplace Staffing’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

 

 

12. NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to Agile Workplace Staffing a written notice by mail or email, requesting that Agile Workplace Staffing remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Agile Workplace Staffing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

 

Copyright Agent

Agile Workplace Staffing Inc.

Attn: Grace Chung, Senior Corporate Counsel, Legal Department

2884 Sand Hill Road

Suite 200

Menlo Park, California 94025

 

Email: [email protected]

Phone: 1 (650) 234-6000

 

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

 

 

13. GOVERNING LAW; JURISDICTION

These Terms are governed by, and will be construed in accordance with, the laws of (a) the state where you use or access the Sites; or (b) if a dispute arises relating to (i) your consideration for placement on a job, (ii) your placement on a job, or (iii) your job order, the state in which the job opportunity at issue is located.

 

 

14. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Agile Workplace Staffing. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

 

These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Agile Workplace Staffing relating to the subject matter hereof, and supersede any and all prior or contemporaneous oral agreements or understandings between you and Agile Workplace Staffing relating to such subject matter.

 

Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Agile Workplace Staffing will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

 

 

15. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us during registration or once registered. You, and not Agile Workplace Staffing, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Agile Workplace Staffing if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.

 

 

16. CUSTOMERS

16.1 Registration

If you are a business client of Agile Workplace Staffing to whom we provide services (“Customer”), you may register with Agile Workplace Staffing on the Sites. If you are a Customer using the Sites to engage contract talent online, the Terms of Service for Contract Talent state the terms and conditions governing your use of contract talent services, including your use of and access to the Site listed above.

 

Once registered, you may be able to:

 

  • create new job orders;

 

  • review and modify existing job orders;

 

  • review details for each order, including Candidate Information (as that term is defined in Section 17.1);

 

  • update your contact information;

 

  • view candidate recommendations;

 

  • request to interview and/or engage candidates; and

 

  • review and approve time reports for Agile Workplace Staffing candidates currently working on jobs with you.

 

You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying jobs and creating new job orders.

 

 

16.2 Payments Through the Sites

If you wish to pay an outstanding invoice through the Sites (each such payment, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information, routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment, Agile Workplace Staffing uses CyberSource, an independent third party and subsidiary of Visa Inc. CyberSource controls the security and performance of its payment processing services. Please refer to the CyberSource terms, conditions and privacy policies governing your payment located at www.cybersource.com. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Agile Workplace Staffing or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.

 

 

17. CANDIDATES

17.1 Registration and Use of Sites

If you register as a candidate on the Sites (“Candidate”), you may opt to enroll in or be automatically enrolled in other Agile Workplace Staffing offerings designed to assist you in finding a job, such as Agile Workplace Staffing Direct. As part of the enrollment process, we may require you to provide us with certain information including, but not limited to, your résumé, name, email address, phone number, work history, education, experience, pay/compensation expectations, and geographic location (the “Candidate Information”). Once you have enrolled, Agile Workplace Staffing personnel may reach out to you via the email address or phone number your provided, and work with you to finalize your Candidate profile and continue to work with you throughout your use of the Sites.

 

You may be able to update your job search criteria and preferences, upload and update your résumé, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. Your Candidate Information may be viewed by Customers on the Sites according to Agile Workplace Staffing’s matching algorithm. Customers may have the opportunity to communicate with you directly through the Sites. You may receive notification from the Sites regarding a Customer’s interest in you and details about the job. You may, in your sole discretion, respond to any Customer that has contacted you via the Sites, to accept or reject any interview requests. All requests for interviews by Customers through the Sites do not guarantee a final job or job offer, or a job offer at any particular level of compensation.

 

You agree that you are solely responsible for all activities undertaken within your account(s). Any initial communication between you and any Customer matched with shall be made exclusively through the Sites. Further communication with any Customer may only take place outside of the Sites after a Customer requests an interview with you and you accept the interview through the Sites. You further agree not to independently attempt to contact any Customer through an alternative means outside the Sites.

 

 

17.2 No Guarantee

Further, without limiting the foregoing, Agile Workplace Staffing (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.

 

 

17.3 Authorization and Certification

You authorize Agile Workplace Staffing, Customers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in arriving at a decision to place you on a job. Agile Workplace Staffing may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.

 

You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize Agile Workplace Staffing and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills, and experience and you acknowledge that Customers may reach out to you directly.

 

You certify as to the accuracy of the Candidate Information and in any résumé or other work history information. You understand that any misstatement of fact may cause you to be refused a job by Customer, to lose your job once placed on a job with Customer, or may result in removal of your account from the Sites. You are responsible for keeping Candidate Information accurate, complete, and up to date at all times.

 

 

17.4 No Charge

There is no charge for Candidates to use the Sites. Neither Agile Workplace Staffing nor Customers will require a payment from you. For more information, see the Agile Workplace Staffing Fraud Alert.

 

 

17.5 Confidentiality

You agree that by using the Sites as a Candidate, Agile Workplace Staffing may contact you via the phone number (via text, call, or video conference) provided to Agile Workplace Staffing, including cell phone numbers. You also agree that by using the Sites, Agile Workplace Staffing may provide you with job opportunity or general employment information by sending email to you at the email address provided to Agile Workplace Staffing.

 

 

17.6 Employment and Income Verification

If you were placed on a contract/temporary job with a Agile Workplace Staffing business client and you were not an independent contractor, and you need to verify your employment or income on that job, please send an email to [email protected] or call +1 603-821-7521.

 

If you were hired as full-time contract talent by Agile Workplace Staffing and you need to verify your employment or income, please send an email to [email protected] or call 1 (888) 920-6540.

 

 

18. Agile Workplace Staffing DIRECT

18.1 Introduction

The Agile Workplace Staffing Direct functionality within the Sites, including within Agile Workplace Staffing’s mobile application (the “App”), (individually or together “Agile Workplace Staffing Direct”) is operated by Agile Workplace Staffing. Agile Workplace Staffing Direct is an online tool that allows Customers to connect directly with Candidates that have been matched to their job orders using proprietary algorithms. In this Section 18, the term “Candidate” refers to users of the Sites who are seeking full-time employment opportunities and the term “Customer” to those interested in receiving permanent placement services from Agile Workplace Staffing through Agile Workplace Staffing Direct.

 

If you elect to utilize Agile Workplace Staffing Direct, you agree to these additional terms in this section titled, “Agile Workplace Staffing DIRECT.”

 

 

18.2 Description of Services

After a Candidate creates an account and completes a profile on the Sites, Customer may view his/her Candidate Information according to Agile Workplace Staffing’s matching algorithm. Customers will have the opportunity to engage with Candidates with skills and experience that match Customer’s job requirements. A Candidate may, in his/her sole discretion, respond to any Customer that has contacted him or her via the Sites, to accept or reject any interview requests. All requests for interviews by Customers through Agile Workplace Staffing Direct do not guarantee a final job or job offer, or a job offer at any particular level of compensation.

 

Agile Workplace Staffing Direct enables Customers to connect with the Agile Workplace Staffing team and/or directly with Candidates. Candidates and Customers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Sites. Agile Workplace Staffing does not provide any guarantee or assurances regarding the hiring or interviewing process. Agile Workplace Staffing does not have input into the Customer’s hiring process. Agile Workplace Staffing is not responsible for and does not guarantee job postings, wages, or benefits presented by Customers.

 

Agile Workplace Staffing is not a third party to or liable for any agreements between any Customers and Candidates, regardless of whether or not Agile Workplace Staffing receives a fee from Customer in connection with the transaction. Candidates will not pay any fees to Agile Workplace Staffing or a Customer.

 

 

18.3 Additional Terms of Service

If you are a Customer using Agile Workplace Staffing Direct, the Terms of Service for Customers state additional terms and conditions governing your use of Agile Workplace Staffing’s placement services, including your use of and access to the Site. If you have a question regarding those terms, please send an email to [email protected].

 

 

18.4 Contact Information

If you have a question regarding Agile Workplace Staffing Direct, please contact your Success Manager or send an email to [email protected].

 

 

19. MOBILE APPLICATION

If you elect to utilize the App, you agree to these additional terms stated in this section titled, “MOBILE APPLICATION.”

 

 

19.1 Account and Password

We will be entitled to assume that anyone logging into your account on the App using your username and password is either you or someone logging in with your permission. If you fail to keep your username and password confidential, or if you share your username and password with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our App and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

 

You understand that if you delete your account or the App from your device, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your job applications and work history).

 

 

19.2 Push Messages

If you download the App, you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners and sounds (“Push Messages”). If you agree to allow Push Messages, then the App will generate Push Messages on your mobile device. You may control the Push Messages in your device’s or the App’s settings. Some of the Push Messages may be related to your location. Your carrier may charge standard data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the App’s settings or by deleting the App. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify us of any changes to your mobile number, as applicable, and update your account on the App to reflect this change.

 

 

20. ONLINE TIME REPORTING AND APPROVAL SYSTEM

20.1 Introduction

The Online Time Reporting and Approval System is an online tool that allows Agile Workplace Staffing’s employees, independent contractors, and business clients to enter, review, submit, and approve time reports through the Sites, the App, or via email (the “System”). “Employee” refers to users of the System who are employed by Agile Workplace Staffing. The term “Independent Contractor” refers to users of the System who are working as independent contractors through Agile Workplace Staffing. Within this section titled, “ONLINE TIME REPORTING AND APPROVAL SYSTEM,” the term “Customer” refers to users of the System who are business clients of Agile Workplace Staffing. If you are not an authorized Employee, Independent Contractor, or Customer in the United States, please do not use the System. Unauthorized access or usage is strictly prohibited, and violators are subject to civil liabilities and criminal prosecution.

 

 

20.2 Direct Deposit

If you are an Employee or Independent Contractor, you may receive payment of wages using a variety of methods including direct deposit. You may also update your direct deposit information or enter new direct deposit information. You may make changes to your default payment method in the App by going to the Account Information section of the My Account menu. You are responsible for maintaining the accuracy of information about your payment method(s) we have on file (“Payment Method Information”), and you consent to Agile Workplace Staffing updating such stored information from time-to-time based on information provided by you, your bank, or other payment services providers. You will only provide to us Payment Method Information that you are authorized to use. Your bank may charge you a fee for using direct deposit, which you are solely responsible for.

 

 

20.3 Data Entry and Approval

After a user creates an account in the System and a job order is created, Employees and Independent Contractors may opt to enter the days and hours worked on a time report through the System. A Customer may opt to receive, review, and approve the time report in the System.

 

20.3.1 Employee and Contractor Data Entry

If you are an Employee or Independent Contractor, you certify that the days, hours, and any other required information entered on the time report through the System are correct, complete, and were worked by you. You understand that a misstatement of fact may cause you to lose your employment or contract with Agile Workplace Staffing or may result in removal of your account from the System.

 

20.3.2 Customer Data Entry

If you are a Customer, by clicking the submit button, signing the time report, or otherwise approving the time report in writing, you acknowledge your receipt and approval of the time report. You understand that a misstatement of fact may cause Agile Workplace Staffing to discontinue providing services or may result in removal of your account from the System.

 

20.3.3 General Data Entry Terms

By submitting your hours, comments, data, and/or approval of time report information to the System (the “Time Report Information”) and by submitting Payment Method Information to Agile Workplace Staffing, you hereby grant Agile Workplace Staffing a perpetual, non-exclusive, irrevocable, royalty free, worldwide license, and right to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, and create derivative works in any manner, by any means, in entirety or a portion of, of your Payment Method Information and Time Report Information.

 

You acknowledge and accept that Agile Workplace Staffing will share the Payment Method Information and Time Report Information with third parties for Agile Workplace Staffing’s business purposes, including but not limited to Agile Workplace Staffing’s business clients, advisors, agents, and consultants. Agile Workplace Staffing will not sell your Time Report Information to any third party for marketing purposes.

 

 

20.4 Account Security

You are responsible for the security of your password and for any use of your account of the System. You shall promptly notify Agile Workplace Staffing of any unauthorized use of your password or account.

If you are an Employee or Independent Contractor:

 

 

If you are a Customer:

 

 

 

 

21. CONTACT US

 

If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact us at the mailing address or email address below.

 

Mailing Address:

 

Agile Workplace Staffing Inc.

Attn: Terms of Use / Privacy Policy

2884 Sand Hill Road

Suite 200

Menlo Park, California 94025

 

Email Address: [email protected]

 

Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.