Terms & Conditions - Total Online Recruitment Advisors

Last updated: April 15, 2024

Terms & Conditions of Business

IMPORTANT – PLEASE READ THESE TERMS OF SERVICE (together with any Order Form, the “AGREEMENT”) CAREFULLY AS IT CONTAINS THE TERMS THAT CLIENT (THE ENTITY PURCHASING THE SERVICES) AGREES TO WHEN THE CLIENT PURCHASES VARIOUS APPLICATIONS AND SERVICES (THE “SERVICES”) OFFERED BY TOTAL ONLINE RECRUITMENT ADVISORS (“TOTAL ONLINE RECRUITMENT ADVISORS”). BY MAKING A PURCHASE VIA EMAIL, TEXT MESSAGE, PHONE CALL, CONTRACT AGREEMENT, OR THROUGH OUR WEBSITE, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, ON BEHALF OF CLIENT, TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, ON BEHALF OF CLIENT, AND TO BIND CLIENT TO THIS AGREEMENT. IF CLIENT DOES NOT AGREE TO THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, PLEASE DO NOT SIGN IN AND THEREBY DECLINE TO USE THE SERVICES. THIS AGREEMENT IS ENTERED INTO AS OF THE DATE YOU ACCEPT THESE TERMS OF SERVICE OR USE THE SERVICES. (“EFFECTIVE DATE”).

We may amend the Terms of Service by posting an updated version here. If we make any changes to these Terms of Service, we will change the “Last Updated” date above. You are responsible for reviewing these Terms of Service for changes. By continuing to use the Services following such amendment, you agree to any updates or amendments to these Terms of Service.

1. Description of Services

Total Online Recruitment Advisors advertise (“Sponsor”) Client job vacancies on specified social media sites by way of Campaigns.

2. General

2.1 Total Online Recruitment Advisors do not guarantee the accuracy of any job vacancy advertised on or via our social media accounts and/or website. We rely on information provided to us by employers and other third parties. Accordingly, please satisfy yourself regarding the suitability of any agency, employer, or job found directly or indirectly through our website and social media accounts before applying.

2.2 You acknowledge that the Internet and/or our systems, services, and equipment may, from time to time, be inoperative in full or in part as a consequence of, but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, communication connectivity problems or any other factors beyond the control of Total Online Recruitment Advisors and you acknowledge that we will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

2.3 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

2.4 By accessing any part of this Website or communicating with us via email, telephone, Zoom, Skype, or similar, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website or cease communication with us immediately.

2.5 Total Online Recruitment Advisors may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on this Website.

3. Purchases

3.1 Purchases can be made verbally, via email, through this website, via text message, or through an Order Form.

3.2 All purchases are bound by these Terms & Conditions of Business.

3.3 Purchases are offered ad-hoc and do not automatically renew or bind the Client to additional purchases unless stated in an Order Form.

3.4 While Total Online Recruitment Advisors agree to advertise (“Sponsor”) Client job vacancies on social media sites (“Media Vendors.”), Total Online Recruitment Advisors do not guarantee the amount or budget that Total Online Recruitment Advisors will pay media vendors to sponsor Client job(s).

3.5 Except as otherwise set forth on the Order Form, all invoices will be due thirty (30) days from the invoice date. If Client disputes any invoice, Client must notify Total Online Recruitment advisors in writing within thirty (30) days from the invoice date and pay any undisputed portion, or the invoice shall be deemed undisputed. Client shall be responsible for interest on all amounts overdue by more than thirty (30) days at a rate of the lesser of one and one-half percent (1.5%) or the maximum rate allowable by applicable law, and all collection costs, including attorney’s fees and expenses.

4. Refunds and Cancellations

4.1 All sales are final, and refunds are not offered under any circumstances.

4.2 For canceled orders, a full or partial credit may be offered according to the following timeline.

For orders canceled before we have begun work creating your Campaign: 100% credit
For orders canceled after we have begun creating your campaign but before it has gone live: 50% credit
For orders canceled after your campaign has gone live: 0% credit

4.3 Credits are applied as additional budget to Sponsor client jobs in future orders and must be used within 12 months of the date of the original purchase or will be revoked. Credits can not be used to reduce the cost of future campaigns nor applied as payment toward invoices.

5. Content

5.1 Client shall be responsible for all materials and information provided by, on behalf of or approved by, Client for use in connection with the Services. In no event shall Client store, transmit or process through the Services any content which is infringing, harmful, illegal, contains a virus or for which it does not have appropriate rights to use. In no event shall Client store, transmit or process through the Services any content which is infringing, harmful, illegal, contains a virus or for which it does not have appropriate rights to use, and allow Total Online Recruitment Advisorsto use, in connection with the Services.

5.2 Client is responsible for ensuring the accuracy of information provided to Total Online Recruitment Advisors by Client. Total Online Recruitment Advisors make no guarantee of the accuracy of the information included in Campaigns on behalf of Client.

5.3 Total Online Recruitment Advisors uses various names and aliases online, including but not limited to “Total Online Recruitment Advisors”, “Social Media Job Connection”, “Jobs Leads & Hiring Events”. Total Online Recruitment Advisors by promote Client jobs through any of these or other names yet to be decided.

6. Candidate Informaiton

6.1 When candidates respond to Client campaigns, Total Online Recruitment Advisors will collect candidates information and make it available to Client. Client agrees to use candidate information solely for the purpose of contacting candidates regarding job opportunities with Client. Client agrees to abide by Total Online Recruitment Advisors privacy policy.

7. Security, Privacy, and Access

7.1 Each party will promptly notify the other of any unauthorized access to Client or Candidate information. The parties will use reasonable efforts to take remedial measures to address any such unauthorized access.

7.2 Total Online Recruitment Advisors will not be liable for any unauthorized access to or disclosure of Client or Candidate information resulting from the actions of Client, any third party, or from the failure of electronic or other security measures.

8. Licensing

8.1 Client agrees and allows Total Online Recruitment Advisors to use Client name, logo, and likeness for the promotion of Client jobs and for the promotion of Total Online Recruitment Advisors services to prospective clients and candidates via this website, email marketing, or other marketing initiatives.

9. Confidentiality

9.1 Ownership. “Confidential Information” means all written or oral information, disclosed by either party to the other, related to the business or operations of either party or a third party that has been identified as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential, including but not limited to trade secrets, cost and pricing information, and computer programs. The parties acknowledge that during the performance of this Agreement, each party will have access to certain of the other party’s Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential. Both parties agree that all items of Confidential Information are proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party.

9.2 Mutual Obligations. Each party agrees as follows: (i) to use Confidential Information disclosed by the other party only for the purposes described herein; (ii) that such party will not reproduce Confidential Information disclosed by the other party, and will hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party unless specifically permitted herein; (iii) that neither party will create any derivative work from Confidential Information disclosed to such party by the other party; (iv) to restrict access to the Confidential Information disclosed by the other party to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement; and (v) to return or destroy all Confidential Information disclosed by the other party that is in its possession upon termination or expiration of this Agreement, provided that, Total Online Recruitment Advisors may retain information pursuant to its normal document retention practices.

9.3 Confidentiality Exceptions. Notwithstanding the foregoing, the provisions of this Section will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party (if legally permissible) and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under this Agreement, including to make such court filings as it may be required to do.

10. Representations and Warranties

10.1 By Total Online Recruitment Advisors. Total Online Recruitment Advisors represents and warrants that: (i) Total Online Recruitment Advisors has the full right, power and authority to enter into this Agreement; and (ii) Total Online Recruitment Advisors will provide its Services in accordance with all applicable laws.

10.2 By Client. Client represents and warrants that it: (i) has the full right, power and authority to enter into this Agreement; (ii) has all necessary rights and consents to enable Total Online Recruitment Advisors to collect, process, store and use candidate information collected on behalf of Client; (iii) will post and maintain on any digital property a privacy policy that discloses its practices with respect to handling of candidate information; and (iv) it will not use information provided by Total Online Recruitment Advisors Materials in a manner that causes Total Online Recruitment Advisors to not be in compliance with all applicable laws and regulations.

10.3 Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TOTAL ONLINE RECRUITMENT ADVISORS MAKES NO WARRANTIES REGARDING THE SERVICES AND THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS” BASIS. EACH PARTY DOES NOT MAKE, AND DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THESE TERMS OR THE SERVICES.

11. Issue Resolution

11.1 Each party agrees to work in good faith to amicably resolve any dispute within thirty (30) days after the parties exchange their positions. In the event that the dispute is not resolved within thirty (30) days, the parties may seek the intervention of the Courts in accordance with the terms of this Agreement. Notwithstanding the foregoing, nothing herein shall prevent Total Online Recruitment Advisors from proceeding directly to court without resorting to the process herein to protect its intellectual property or prevent harm to or unauthorized use of the Service.

12. Publicity

12.1 Total Online Recruitment Advisors may publicly refer to Client, including on Total Online Recruitment Advisors Website and in sales presentations, as a Total Online Recruitment Advisors customer and may use Client’s logo for such purposes. Similarly, Client may publicly refer to itself as a customer of Total Online Recruitment Advisors. Each party hereby grants the other a limited, worldwide license to use the other’s logo in conformance with such party’s trademark usage guidelines and solely for the purposes of fulfilling its obligations hereunder and as set forth in this Section.

13. Headings

13.1 Any headings in these terms and conditions are for convenience only and shall not affect their construction.

14. Governing Law

14.1 These terms and conditions shall be governed in accordance with the laws of the State of Ohio, without regard to the conflicts of laws principles thereof. You agree that the state and federal courts of the State of Ohio shall have jurisdiction in respect of any dispute between you and Total Online Recruitment Advisors concerning your use of this Website.

If you have any questions about this Agreement or the Services, please contact us at [email protected], or send mail to:

Total Online Recruitment Advisors
8210 Macedonia Commons Blvd
Suite 3b PMB 1083
Macedonia, OH 44056