1. INTRODUCTION
Welcome! You are entering into this Agreement with bridge me LLC (“BridgeMe”, “We”, “Our”, or “Us”). When You (individually or the entity that You represent) use Our Services, You are agreeing to the Terms of Service (the “Agreement”) below.
This BridgeMe Subscription Agreement (“BSA”) serves as the framework agreement for BridgeMe’s subscription services and governs any previously executed and active Order Forms (defined below) and any future Order Forms executed by the The Customer identified in the applicable Order Form (“The Customer”) and the BridgeMe company identified in that Order Form (“BridgeMe”). This BSA, the applicable Order Form(s), and any other incorporated terms, comprise the complete understanding between the parties on the subject matter (“Agreement”). This BSA supersedes any previously executed BSA or other master agreement(s) entered into by the parties which pertain to the Services (defined below).
2. SERVICES
- BridgeMe provides strategic end-to-end recruitment services subject to the terms and conditions set forth in this Subscription Agreement (the “Agreement”) ; the entirety of the Services features will depend on the level of access and benefits (“Subscription Plan”) that the The Customer has signed up for and paid in accordance to the Order Forms executed by the The Customer.
- BridgeMe Obligations. BridgeMe will provide the Services in a professional, diligent, and commercially reasonable manner, and always aim to adhere to project deadlines. BridgeMe reserves the right to hire personnel to assist in performing the Services. BridgeMe will remain responsible for the performance of and payment to each such person, and for their compliance with the terms and conditions of this Agreement. Client acknowledges and agrees that BridgeMe will be free to provide services similar to the Services to other parties, even if such engagement may be competitive with Client.
3. SUBSCRIPTION
- Subject to credit approval by BridgeMe and The Customer’s compliance with the Agreement, The Customer may access and use the subscription services offered via BridgeMe’s websites to the extent and for the term stated in the Order Form (“Services”). “Order Form” means an ordering document or online order page for the Services
4. CUSTOMER RESPONSIBILITIES
- Client Obligations. Unless otherwise provided for in the Order Form, Client acknowledges that the successful completion of deliverables will require Client’s assistance, and full, timely, and accurate performance of its obligations set forth in this Agreement and any applicable Scope. Client will: (a) cooperate in all matters relating to the Services; (b) provide access to Client’s facilities, documents, databases, and personnel as may be reasonably necessary for BridgeMe to provide the Services; (c) provide complete and accurate copies of materials or information that BridgeMe may request to carry out the Services in a timely manner; and (d) respond promptly to any requests that are reasonably necessary for BridgeMe to perform the Services in accordance with this Agreement.
- The Customer is responsible for providing BridgeMe with the information necessary for BridgeMe to provide the Services. The Customer is solely responsible for the accuracy, quality and legality of such information. If a Service must integrate with third-party systems or applications used by The Customer (e.g., an applicant tracking system (“ATS”), a The Customer relationship management system (“CRM”), or a learning management system (“LMS”)), The Customer is solely responsible for the integration and related activities. BridgeMe disclaims any and all liability for the use of third-party systems or applications residing outside BridgeMe’s systems.
- Effect of Delays. BridgeMe shall not be deemed in breach of its obligations under this Agreement, or otherwise liable for any costs, charges, or losses sustained or incurred by Client if BridgeMe’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Client or any of its Representatives. In no event will BridgeMe be subject to any liability, including without limitation, liability for any consequential, incidental, or other damages, resulting from deadline adjustments, postponements, or terminations that are in any way caused by Client’s acts or omissions.
5. TERM & TERMINATION
- The Agreement including these Terms commence on the date when accepted or on the date as indicated in the Order Form and will continue until all Order Forms or Services used by The Customer entered into under these Terms have expired or been terminated.
- Your initial subscription duration is specified when the Subscription Plan/s are activated through applicable Order Form (“Initial Term”). Unless otherwise provided in the applicable Order Form, your Subscription will automatically renew for additional successive periods of equal duration to the Initial Term (each, a “Renewal Term”, and together with the Initial Term, the “Term”) unless canceled by the The Customer or BridgeMe. If you do not agree to the renewal, you are entitled to terminate the renewal of the Agreement contacting the contact help center up to the last day of the Term. Your continued use of the Service constitutes your acceptance and agreement to the Renewal Term.
- The applicable fee for any Renewal Term will be determined using the then-current list price applicable on the Website for such renewed Subscription Plan/s unless a different renewal pricing is specified in the Order Form.
- Either Party may terminate the Agreement and any Order Form (in whole or in part) by providing the other party with not less than seven (7) days prior written notice in the event the other party materially breaches any provision of this Agreement.
- If the breaching Party fails to cure the material breach within seven (7) day period following the notice of default, the non-breaching Party may terminate this Agreement effective at the end of the seven (7) day period, notwithstanding any other provision in this Agreement. Regarding a material breach of The Customer, BridgeMe may, in addition to termination, suspend the provision of certain Services, close your accounts, and/or prohibit The Customer from creating any new accounts.
- In no event will termination of the Agreement or Order Form relieve the The Customer of any payment obligation of the Fees payable prior to the effective date of termination
- No monies which have been rightful paid to BridgeMe will be refundable to the The Customer
6. FEES, BILLING
- Subscription Fee/s are due and payable in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set depending on the type of subscription plan you select as indicated in the Order Form.
- In case of failure to complete the payment by the due date, BridgeMe may charge interest on the past due amount at the rate of 1.5 % per month of the value of the applicable Fees, calculated daily and compounded monthly or, if higher, the maximum rate permitted under applicable law
- If such failure continues for more than seven (7) days, we may suspend performance of the Services until all past due amounts, and interest thereon, have been paid, without incurring any obligation or liability to you or any other person by reason of such suspension.
- If you do not agree with any invoice for Fees, you must notify us in writing within seven (7) days of the date of the respective invoice, failure of which shall result in acceptance of the invoice and forfeiture of your right to dispute the invoice. All undisputed fees remain due according to schedule.
- All payment obligations are non-cancelable, and Fees and taxes, once paid, are non-refundable.
- No refunds shall be issued for partial use or non-use of the Subscription Plan(s) by The Customer.
8. CANDIDATE OWNERSHIP
- If a Candidate is hired by The Customer outside the Subscription term, The Customer shall not be liable for any additional Fee per hire or any Placement Fee.
9. GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware. The state and federal courts in the state of Delaware, will have jurisdiction over any claim brought under this Agreement, and the parties hereby consent to the personal jurisdiction of such courts. The parties shall attempt to resolve any dispute or claim arising under or in connection with this Agreement in good faith.