Terms of Use and Terms of Service Agreement




Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY PRIOR TO USING THIS WEB SITE. IF YOU DO NOT ACCEPT THE TERMS OF USE SET OUT BELOW, PLEASE DO NOT USE THIS WEB SITE OR ANY SERVICES OFFERED BY Ascentii. BY ACCESSING, BROWSING, BUYING FROM, TRANSACTING WITH OR OTHERWISE USING THIS WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE FULLY UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEB SITE. WE SUGGEST THAT YOU PRINT AND KEEP A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. Ascentii WILL HAVE THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, ADD OR REMOVE ANY TERMS SET OUT IN THESE TERMS OF USE, AND ANY OTHER POLICIES OR GUIDELINES GOVERNING THE WEB SITE, WITHOUT NOTICE OR LIABILITY TO YOU. ANY CHANGES TO THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES ON THE WEB SITE. YOU AGREE TO REVIEW THESE TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT USE BY YOU OF THE WEB SITE FOLLOWING CHANGES TO THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, YOU AGREE TO IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE.


Defined terms

In these Terms of Use, the following terms will have the meanings set out below:

"Employer" refers to a person, corporation or other entity that has registered with Ascentii as an employer client in order to post job opportunities, assess job applicants, automate the applicant tracking process and to recruit individuals through the Ascentii Program;

"Applicant" refers to an individual who has registered with or through Ascentii as a job applicant or an employee of an Ascentii client and may have access to one, a combination of, or all of Ascentii’s cloud-computing products and/or solutions and whose registration has not expired or been cancelled or terminated;

"End-User" refers to the rights and privileges provided to registered Applicants, Employers engaged in free trials, pilot projects, licensed users and Ascentii clients;

"we", "us", "our" and "Ascentii" refer to Ascentii, a Division of EPIC Software Corporation;

"Web Site" refers to the Ascentii.com site and any other sites owned by EPIC Software Corporation, on the world wide web; and

"you", "your" and "user" refers, as the context requires, to all Employers, Applicants, individuals, corporations, public sector organizations, Not-For Profit and Non-Government Organizations and any other entities who may access the Web Site for any reason from time to time;


Services and Web Site

Ascentii provides a career survey and job matching service, that matches Applicants and End-Users with the most suitable jobs with Employers and Employers with the most suitable Applicants and End-Users for prospective employment purposes, together with related services offered through the Web Site (collectively, the "Services"). All individuals who register with Ascentii are representing and warranting that they are over eighteen (18) years of age. In addition, when you register as an Applicant and End-User or Employer with Ascentii, you are representing and warranting that you are lawfully entitled to use the Services. Once your Membership with Ascentii is confirmed, you will be provided with a User Name and Password which will enable you to access the Services on the Web Site.

Please note that you are not permitted to transfer your Membership or share your Membership with anyone. For your own security, you should never disclose your password to any third parties.


Privacy Issues

Your privacy is very important to us. By accepting these Terms of Use, you are expressly consenting to certain disclosure of certain Personal Information as discussed below and as outlined in Ascentii's privacy statement titled: "Your Privacy."

By registering as an Applicant, End-Users or Employer, you obtain the right to access the Services and such other information or services as Ascentii may, in its sole discretion, establish from time to time. You agree that Ascentii may charge for certain features of your membership and/or additional premium services which may be offered in the future and that you will be responsible for all charges (including any tax thereon) for any such additional services if you choose to use them. You will be notified of any changes to either the Services or the terms of your membership and given the option to continue to use the Services or to cancel your membership.

Ascentii will process payments from employers for services using employers’ credit cards. If Ascentii is unable to process payment from an employer’s credit card account, Ascentii will unfortunately, suspend the employer’s account and limit employer’s access to the Web Site until Ascentii is provided with details of a valid credit card account. Employers will still be liable for any outstanding payments that could not be met when their account was suspended. All information related to users payment for use of Ascentii including without limitation your account information will, of course, form part of your Personal Information (as defined below) covered by our Privacy Policy.

When you register as an Applicant, End-Users or Employer with Ascentii, in addition to the results of your Ascentii RoleFit Survey (if you choose to complete a survey), you may be asked to provide certain information including, without limitation, your name, address, some general work history, background information and a valid email address (your "Personally Identifiable Information"). Pursuant to the terms and conditions set forth in our Privacy Policy, Ascentii will not disclose your Personally Identifiable Information to third parties unless you have given your formal written or verbal consent. However, it is understood, without your formal consent third parties may only have access to aggregated database information from Ascentii users that will not identify your Personally Identifiable Information. For further details regarding the treatment of your Personally Identifiable Information please see our Privacy Policy, which forms part of these Terms of Use. Information you enter as part of your registration – other than your Personal Information – may be compared to the information of other users, however you will always be in control of your Personally Identifiable Information. All information compiled and generated would be aggregate information and will not identify anyone personally, without their prior consent. For further details regarding the treatment of your Personal Information please see our Privacy Policy, which forms part of these Terms of Use.

The contents of the Web Site, such as text, graphics, images, logos, button icons, software and other material including without limitation compilations, surveys, comparison output reports or other data aggregation conducted on the Web Site (collectively, the "Content"), are protected under United States, Canadian and international copyright, trademark and other laws. The Content is solely for personal non-commercial use. All Content is the property of Ascentii, its content suppliers or clients. The collection, arrangement and assembly of all Content on the Web Site is the exclusive property of Ascentii and protected by United States, Canadian and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

You are prohibited from copying or adapting the HTML code that Ascentii creates to generate the pages comprising the Web Site. This HTML code is also protected by copyright.


Rules of Conduct for Users of Ascentii.com

The following uses of the Web Site are specifically prohibited, and all users agree not to use the Web Site, for any of the following:

(a) Posting, transmitting or distributing any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (i.e. a living individual seeking employment on a full-time or part-time basis on his or her own behalf);

(b) Sell access to or the use of the Web Site, including any content contained on, downloaded or accessed from the Web Site

(c) Deleting or revising any material posted by any other person or entity;

(d) If you have a User Name and Password allowing access to a non-public area of this Web Site, disclosing to or sharing your Password with any third parties or using your User Name and/or Password for any unauthorized purpose;

(e) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site or disrupting, placing unreasonable burdens or excessive loads on, interfering with or attempting to gain unauthorized access to any portion of the Web Site, our computer systems, servers or networks, or the passwords of other users;

As a user of the Web Site, you are responsible for your own communications as well as the consequences of the posting of any information. You acknowledge that any reliance by you on material or information that is posted by other Users will be at your own risk.

Ascentii has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material or information posted, transmitted or distributed by users. If we are notified by a user of communications or information which allegedly does not conform to these Terms of Use, we may, in our sole discretion, investigate the allegation and determine in good faith and in our sole discretion whether to remove, or request the removal of, the subject communication or information. Ascentii has no liability or responsibility to Users for the performance or nonperformance of such activities.

Ascentii reserves the right to expel Applicants, End-Users or Employers, or other users, and prevent their further access to the Web Site for violating the Terms of Use or the provisions of applicable laws. We also reserve the right to remove any communications, postings or information which is abusive, illegal, or disruptive. If circumstances warrant, Applicants, End-Users or Employers involved in such violations may also be subject to criminal or civil prosecution. Ascentii may take any action with respect to User-submitted information that we deem necessary or appropriate in our sole discretion if we believe that such information may create liability for Ascentii or may cause the loss or cancellation (in whole or in part) of the services provided by Ascentii 's Internet Service Provider or other suppliers.


Employer Content Policies

Ascentii has strict employer content policies it adheres to. All ‘new’ job postings require End-Users and/or Employers go through an editorial process to ensure that they meet our employer content guidelines. If content does not met our guidelines, End-Users and/or Employers agree not to post the reviewed content. For example, we do not permit our MatchPoint™ Applicant Tracking System to be used for:

(a) Adult-oriented advertising (strip clubs, brothels, internet models)

(b) Business opportunity or work from home advertising (anything with an investment)

(c) Jobs that involve illegal activities

(d) Mystery shoppers

(e) Barter or volunteer positions

(f) Deferred pay positions


Web Site Security

You are not permitted to and by your acceptance of these terms and conditions through your use of the Web Site and Ascentii’s cloud-based solutions, specifically The RoleFit Survey™, MatchPoint™ Applicant Tracking System, Bright Literacy and Language Testing, EPIC Software Corporation and Ascentii social media tools, channels and accounts, and; Ascentii Whitepaper, presentation, brochure and eBook downloads, you agree not to:

(a) post, transmit or distribute unsolicited advertisements or solicitations of business, chain letters or pyramid schemes;

(b) impersonate/misrepresent another person;

(c) post, transmit or distribute any material that is copyrighted (unless you are the copyright owner or have the permission of the copyright owner to post it);

(d) post, transmit or distribute any material that reveals trade secrets (unless you own them or have the permission of the owner);

(e) post, transmit or distribute material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(f) post, transmit or distribute any material that is obscene, defamatory, threatening, harassing, discriminatory, abusive, hateful or embarrassing to another user or any other person, group or entity;

(g) post, transmit, distribute or store a sexually-explicit image or statement; or

(h) post, transmit, distribute or store material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; Users of the Web Site are also prohibited from violating, or attempting to violate, the security of the Web Site in any manner including, without limitation:

      (a) accessing or downloading data not intended for such user or logging into an area of the Web Site or membership account which the user is not authorized to access;

      (b) attempting to probe, scan or test the vulnerability of the Web Site or a system or network on the Web Site or attempting to breach security or authentication measures without proper authorization;

      (c) attempting to interfere with service to any user, Member, Employer, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" ; or

      (d) forging any part of the header information in any e-mail or newsgroup posting.

Violations of Web Site security may result in civil or criminal liability. Ascentii will investigate occurrences which may involve such violations. If circumstances warrant we may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.


Third Party Information

As a result of the nature of the Services provided through the Web Site you will be provided with, or have access to, information ("Third Party Information") from various sources which include our Applicants, End-Users and/or Employers and advertisers on the Web Site. The Third Party Information contained on this Web Site is provided for informational purposes only and should not be considered as professional advice. Ascentii makes no representation, either express or implied, as to the accuracy, timeliness or completeness of any Third Party Information nor does Ascentii undertake to update or correct such Third Party Information. We strongly recommend that you independently confirm all Third Party Information you obtain from the Web Site.


Rights in Submitted Information

By submitting or posting your views, suggestions, opinions or other information (collectively, "User Contributions") to any public or non-private area of the Web Site (including any message boards, social media, forums, emails, contests and chat rooms) you grant to Ascentii and its Strategic Alliance Partners, Channel Partners, Re-sellers, Contractors, Sub-Contractors, Employees and Affiliates a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Contributions (in whole or in part) on a worldwide basis and/or to incorporate such User Contributions in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Contributions. I understand that by submitting my company name or logo to Ascentii, I am hereby granting to Ascentii, the non-exclusive, world-wide, royalty-free license to use and display the submitted trademarks, logos, and trade names on www.Ascentii.com and in Ascentii advertising and promotional material in connection with services provided by Ascentii.


Confidentiality and Password

You are responsible for maintaining the confidentiality of your Personally Identifiable Information and your password. You shall be responsible for all uses of your Applicant, End-Users or Employer registration, whether or not authorized by You. You agree to immediately notify Ascentii of any unauthorized use of your account, User Name or Password.


Liability and Disclaimers

Ascentii acts as a venue for Employers to post job opportunities and Applicant, End-Users to post and transmit Personally Identifiable Information. We do not screen or censor such postings or transmissions. Ascentii is not involved in the actual negotiation or the consummation of the transaction which may result in a job placement between Employers and Individual Members. As a result, Ascentii has no control over the quality, safety or legality of the job opportunities or Personally Identifiable Information posted or transmitted, the truth or accuracy of the job opportunity postings, the ability of Employers to offer job opportunities to Applicant, End-Users or the ability of Applicant, End-Users to fill the job openings for which they may be hired.

In addition, please be aware that there are risks including, but not limited to, the risk of physical harm, the risk associated with dealing with strangers, foreign nationals and underage persons or the risk of people acting under false pretenses. By using the Web Site, you agree to assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, Ascentii cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of users on Ascentii. By your use of the Web Site, you agree to release Ascentii (and our Strategic Alliance Partners, Channel Partners, Re-sellers, Contractors, Sub-Contractors, Employees and Affiliates) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes which you may have with one or more Users.

Ascentii is under no legal obligation to, and generally does not, control the information provided by Users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases could be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site.

The Content may contain inaccuracies or typographical errors. Ascentii makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Content. The use of the Web Site and the Content is at the sole risk of the User.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on or through the Web Site. Employers are solely responsible for their postings on or through the Web Site.

Ascentii is not, and shall not be considered to be an employer in connection with your use of the Web Site and Ascentii shall not be responsible for any employment decisions, for whatever reason, made by any Employer posting job opportunities on or through the Web Site.

ASCENTII DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, THE CONTENT AND WEB SITE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ASCENTII WILL NOT BE RESPONSIBLE FOR SUCH COSTS.

THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ASCENTII, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASCENTII MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL ASCENTII, ITS SUPPLIERS, OUR STRATEGIC ALLIANCE PARTNERS, CHANNEL PARTNERS, Re-SELLERS, CONTRACTORS, SUB-CONTRACTORS, EMPLOYEES AND/OR AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASCENTII IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE OR THE SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICES OFFERED ON THE SITE, EVEN IF ASCENTII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ASCENTII’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED US$1.00.


Hypertext Links

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ascentii of the contents on such third-party sites. Ascentii is not responsible for the content of any linked third-party sites and does not make any representations or warranties, either express or implied regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.


No Assignment, Sale or Unauthorized Commercial Use

Users are not permitted to resell or assign their rights or obligations under these Terms of Use.


Termination of Use

Ascentii reserves the right at its sole discretion to pursue all legal remedies including, but not limited to: (i) deletion of your communications or postings from the Web Site, (ii) immediate termination of your membership and/or your ability to access the Web Site; (iii) immediately cease providing the Services; and (iv) seeking the imposition of criminal or civil penalties upon any breach by you of these Terms of Use or if Ascentii is unable to verify or authenticate any information you submit to the Web Site with your membership registration or commerce transaction.


Indemnity

You agree to defend, indemnify, and hold harmless Ascentii and its officers, directors, employees, shareholders, consultants and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site, the Content, the Services or from your breach of these Terms of Use. Ascentii shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.


Additional Terms of Use

Certain areas of the Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.


General

Ascentii makes no claim that the Web Site or the Content may be lawfully viewed or downloaded outside of the United States or Canada. Access to the Web Site or the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your applicable jurisdiction.

These Terms of Use are governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario, Canada.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in additional terms or conditions of use for particular areas of the Web Site, a particular Legal Notice, or Software License or material on particular pages of the Web Site, these Terms of Use constitute the entire agreement between you and Ascentii with respect to your use of the Web Site.

Ascentii may revise these Terms of Use at any time. No amendments to these Terms of Use shall be made except by a revised posting on this section of the Web Site. You should visit this section periodically to review the Terms of Use, because they are binding on You.






Terms of Service Agreement

Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use the Ascentii™ website and the cloud-computing solutions and software applications made available through the Ascentii website by Ascentii at www.Ascentii.com.

By using the Service you agree to be bound by the Ascentii Terms of Use found at Terms of Use and the Ascentii Privacy Policy found at Privacy Policy which contain provisions applicable to all users of the Service and all visitors to the Site, and which are incorporated in these Terms of Service by this reference. If you choose to register as an End-User, Applicant or Employer, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by these Terms of Service, which include the Terms of Use and the Privacy Policy.


1. DEFINITIONS

“Ascentii” means Ascentii, a Division of EPIC Software Corporation.

“Client Information” means Information submitted by you to Ascentii.

“Service” means the End-User, Applicant or Employer services provided to you by Ascentii at the Site.

“Site” means the URL located at www.Ascentii.com and other sites with which www.Ascentii.com accesses to provide some or the entire suite of Ascentii cloud-based software solutions.


2. CLIENT REPRESENTATIONS AND WARRANTIES

You are solely responsible for the accuracy and authenticity of the information you provide as an End-User, Applicant or Employer. You represent and warrant to Ascentii as follows:

(a) you have the right and are authorized to submit the Client Information to Ascentii and such submission does not violate any privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;

(b) the Client Information is true and accurate and does not contain any information which is libelous or otherwise illegal;

(c) you are not impersonating any person or entity or misrepresenting your affiliation with any person or entity;

(d) you will not use the Service or misappropriate the Client Information to compete directly or indirectly with Ascentii or to engage in derivative commercial activities without Ascentii's prior written consent; and

e) you have investigated the desirability of utilizing the Service and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on the Site.


3. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless EPIC Software Corporation, Ascentii and its subsidiaries, Strategic Alliance Partners, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) Client Information you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.


4. AMENDMENT OF TERMS

Ascentii reserves the right to amend these Terms of Service, including the Terms of Use and Privacy Policy from time to time. If you have registered as an End-User, Applicant or Employer, Ascentii will notify you of any material changes to these Terms of Service by email sent to the address you have provided to Ascentii for your account. If you continue to use the Service once you have been notified of the changes to the Terms of Service, you will be deemed to have accepted those changes.


5. FEES

All prices for access to Ascentii cloud-computing solutions are stated in Canadian dollars for purchases made from End-Users, Applicants or Employers residing or having a permanent place of business within the geographical boundary of Canada and in U.S. dollars for End-Users, Applicants or Employers residing or having a permanent place of business outside the geographical boundary of Canada and are valid until altered by Ascentii. By subscribing for the Service, you agree to pay the fees identified at the time you subscribe. Ascentii reserves the right at any time to change the fees or structure for the Service. Ascentii cannot guarantee any number of candidates for any job posted using the Service.


6. PAYMENT

You may pay for the Service by using (i) a credit card acceptable to Ascentii upon registering as a member of Ascentii or at such other times as specified on the Site, or (ii) such other form of payment as Ascentii may permit from time to time on a case-by-case basis. Ascentii may obtain a pre-approval from the credit card company for amounts payable to Ascentii by you. You are responsible for the payment of all applicable taxes, including those eligible on the Service in your jurisdiction.


7. PASSWORD

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Ascentii immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Ascentii reserves the right to require you to alter your password if Ascentii believes that your password is no longer secure.


8. MONITORING OF CONTENT

Ascentii does not control the content of members' accounts and does not have any obligation to monitor Client Information for any purpose. You acknowledge that you are solely responsible for all Client Information you provide to or receive from the Service. You further acknowledge that Client Information and other data submitted by you to Ascentii is owned by Ascentii and governed by the Privacy Policy.


9. NOTICES

At Ascentii's sole discretion, notices by Ascentii to you regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the Site or by email to you.


10. ENTIRE AGREEMENT

This Agreement, together with the Terms of Use and the Privacy Policy constitute the entire agreement between Client and Ascentii regarding the Service provided and/or to be provided by Ascentii. This Agreement replaces any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.


11. TERMINATION OF SERVICE

Ascentii may elect, in its sole discretion, to terminate the Service. If Ascentii does terminate the Service, it will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee paid for Ascentii for Employers for the period in which such termination occurs. The foregoing applies only to circumstances in which Ascentii terminates Ascentii for Employers for all of its registered members and shall not entitle you to a refund if Ascentii terminates your individual access to the Service because you have failed to comply with any of these Terms of Service, including the Terms of Use and Privacy Policy, or for any termination of Ascentii for Individuals.

Free employer accounts will be terminated after 90 days of inactivity.


12. OUR GUARANTEE

If you are not completely satisfied with the Service, you may request a Refund (as defined below) at any time during the 30-day period commencing on the date that you register as a member with Ascentii (a “Termination Request”) provided that you:

(i) have hired at least one employee using the Service, and

(ii) acting in good faith, complete Ascentii’s standard questionnaire detailing why you are not satisfied with the Service (collectively, the “Refund Requirements”). Within 30 days of Ascentii’s receipt of a Termination

Request from you and Ascentii’s determination that you have satisfied the Refund Requirements, Ascentii will refund the following amounts to you (the “Refund”):

      (a) if you pay fees monthly to Ascentii, 100% of all monthly fees paid by you to Ascentii for the 30 day period preceding the request for Refund as an End-Users or Employer with Ascentii; or

      (b) if you pay fees annually to Ascentii, 100% of the annual fee paid by you to Ascentii and equalized monthly for the 30-day period preceding the request for Refund as an End-Users or Employer with Ascentii.

Set-up fees are separate from monthly or annual fees and are non-refundable.

In each case, the amount of the Refund will be paid in currency in accordance with paragraph 5. FEES. Ascentii assumes no responsibility for changes in foreign exchange rates during the period commencing on the date that you pay Ascentii and ending on the date that Ascentii pays the Refund.

To use the Service in any manner whatsoever following the date of the Termination Request you agree that you will pay to Ascentii an amount equal to the Refund, together with any other applicable fees.

Refunds will only be made available to Ascentii End-Users or Employers who pay Ascentii directly for the Service. If you have been granted access to the Service through an Ascentii reseller or other third-party, the terms of any guarantee will be governed by your agreement with such third-party.


13. JURISDICTION

Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of Ontario, Canada.

~ End of Document ~



Terms of Use | Privacy Policy | Become a Strategic Alliance Partner | Contact Us | Legal
© 2009-2017. Ascentii is a Division of EPIC Software Corporation.