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AGREEMENT OF SERVICE

Agreement of Terms (Terms of Use)

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use” or “Terms”) constitute a valid and binding agreement between Hire Here and you. We at  Hire Here are committed to promoting  a safe, reliable and trusted marketplace for which it is necessary to avoid the use of the website in an unsafe or misleading manner.   In order to discourage unauthorized and unethical use of the website, users including the Clients and the Contractors dealing with the website, apart from abiding by the laws of the United States of America as well as the international laws, shall ensure the compliance with these Terms of Use that contain provisions defining the users’ limits, legal rights and obligations with respect to their use of and participation in the Hire Here website and mobile application, including access to and use of contractor profiles, forums, various email functions and various links.

By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.   If you are entering into these Terms on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these Terms, in which case the terms “you” or “your” or “User” will refer to such User Entity.  If you lack such legal authority to contractually bind or you do not agree with these Terms, you must not accept these Terms or access or use the Website or Content.

You acknowledge that the website serves as a venue for online distribution and publication of user submitted information between Freelance Service Professionals (“Contractors”) and Service Users (“Clients”), and by using, visiting, registering for, and/or otherwise participating in this Website, and clicking on “I have read and agree to the Terms of Use”, you hereby certify that (1) you are either a freelance service professional or a prospective service user, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for services requested through the use of the website, (4) you agree to be bound by the Escrow terms of this website, (5) You agree to be bound by all the Terms of Use stated herein below:

 

1. Ownership 

The website www.HireHere.com is currently owned and operated by Hire Here . All rights, title and interest in and to the Site and its Content will remain with and belong exclusively to Hire Here and it alone has the right to  sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party. The user shall not use the Site and Content in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components. The user shall also not modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of Hire Here that are not readily made available to the general public).

 

2. License to Access

Hire Here hereby grants you a non-exclusive, revocable license to use the Hire Here Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website, its contents, or any part thereof in any medium without Hire Here's prior written consent; (ii) you will not  sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Website and any Content available to any third party, (iii) you will not alter, modify any part of the website other than as may be reasonably necessary to use the website for its intended purposes; and (iv) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

 

3. Prohibitions on Submitted Content and Offensive Uses:

You shall not upload, post, transmit, disseminate, distribute or facilitate distribution of any content including but not limited to text, images, video, sound, data, information or software to any part of the website or indulge in any act that:

(a) Misrepresents the source of anything you post, including the impersonation of another individual or entity or any false or inaccurate biographical, educational or background information for any service professionals;

(b) Invades anyone’s privacy by attempting to harvest, collect, store or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses or other contact information without their actual knowledge and willing consent;

(c) Seeks, offers or endorses illegal, obscene or pornographic services or any other service which directly or indirectly relates to them, including, but not limited to creation, review or editing of pornographic, vulgar, obscene or sexually explicit material;

(d) Is offensive, defamatory, profane, vulgar, obscene, violent, threatening, discriminatory or racist in nature;

(e) Contains or promotes an illegal or unauthorized copy of another person’s copyrighted or otherwise protected, private or proprietary work or pirated content or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right or any other proprietary right or privacy right;

(f) Seeks, offers, or endorses any services that would violate Hire Here's Agreement of Service or the similar terms of another website or any other contractual obligations;

(g) Attempts to fraudulently bill a Client including billing the Clients for hours of time when no work was performed, overstates the work performed, or has an underlying intention to deceive or mislead the client in any manner whatsoever, including without limitation as to the Contractor’s skills, training, knowledge or capability to perform a given project or type of project;

(h) Causes harassment or emotional distress to another person or violates the rights of a third party;

(i) Is posted or sent with an intention to commit fraud or mislead Hire Here or its Clients or Contractors or any other person or persons dealing with the author of the post through the Hire Here website or services;

(j) Demands payments without the intention of providing services in exchange for the payment;

(k) Spams other users;

(l) Attempts to solicit work from the users of Website through a medium other than the website or any other attempt to obtain the work from the clients of the website directly;

(m) Attempts to use or uses the poster’s or sender’s profile page or user name to promote unauthorized or unapproved services not offered through the Website including but not limited to selling products or unrelated services; 

(n) Attempts to solicit or solicits Clients to mail cash or use payment methods other than as provided in the Escrow rules or payment methods provided by the Website; 

(o) Attempts to access or accesses the Website or Content by any means other than through the interface that is provided by Hire Here to access the same.

(p) Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use with respect to the Contractor’s authorized and approved service offerings.

(q) Attempts to use or uses any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Website or any Content, or in any way obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by Hire Here.

(r) Is or appears to be of fraudulent, misleading or illegal nature and includes but  not limited to:

(i) misrepresenting a Contractor’s experience, skill or profile information;

(ii) impersonating some other person while dealing with the Website or other users;

(iii) giving false testimony about the services of a Contractor;

(iv) allowing another person or entity to use your account without the knowledge of other users;

(v) promising to provide a service without any ability to or intention of providing it;

(vi) any other act intended to deceive.

(s) causes, attempts to or is likely to harm the Website or its contents, including user uploaded content, in any way whatsoever.

(t) in any way is detrimental to the business interests of Hire Here.

 

4. Intended Use of the Site

The core purpose of the Hire Here Website is to provide a safe and trustworthy marketplace for Digital and Technical Freelance Service Professionals (Contractors) to locate, negotiate and contract with those actual and potential clients and customers who wish to make use of their services (Clients). The Hire Here website or any other product, is not intended and shall not be used to act as a portal to solicit any illegal acts and or  adult materials, content or actions.  The environment created by the Website is intended to help the Contractors and Clients enter into service relationships and make and receive payments through Escrow. Any act or omission during the use of the Website that results in the deviation from its intended purposes may be treated, at the sole discretion of Hire Here, as being detrimental to the business interests of Hire Here and shall be dealt with accordingly.  

 

5. Action for Violation of Terms of Use

If a user, whether a Contractor or a Client, or any person dealing with the Website in any form violates any of the above – referenced rules in connection with his or her posting or other use of website, Hire Here, in its sole discretion, may take any or all of the following actions:

1. remove, disable access to, or modify the content of the posting that violates the Terms of Service;

2. limit, suspend or terminate the Contractor’s or the Client’s account privileges;

3. limit or disable the user’s access to the Website;

4. suspend, disable or remove the Contractor’s or the Client’s account;

5. forfeit the fees earned by a Contractor;

6. report any activity that Hire Here suspects being a violation of any law or regulation to appropriate law enforcement officials, authorities, regulators, or other appropriate third parties. Such reporting may also include cooperating with such officials and agencies to conduct investigation and prosecution of illegal conduct, and includes disclosing appropriate User information to such law enforcement officials, authorities, regulators, or other appropriate third parties.

 

6. Modification to the terms of use and privacy policy

Hire Here reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Hire Here will post notice of the changes and the amended Terms of Use at the Hire Here website. It is the user’s responsibility to review the Terms of Use and Privacy Policy for any changes and if you continue to use the Website following any amendment of the Terms of Use and Privacy Policy it will signify your assent to and acceptance of the revised terms.  

If you do not agree to any of the provisions set forth in the Terms of Use, you should discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW OF YOUR COUNTRY AND STATE TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT, IN ADDITION TO BEING COMPETENT TO CONTRACT UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA.

 

7. GOVERNING LAW AND DISPUTE RESOLUTION.    

USE OF THE HIRE HERE WEBSITE AND RELATED SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA.    AS DESCRIBED IN MORE DETAIL IN THE HIRE HERE DISPUTE RESOLUTION POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN, ANY CIVIL CLAIMS, COMPLAINTS OR LITIGATION ARISING FROM OR RELATING TO THIS WEBSITE OR THE USE THEREOF SHALL BE RESOLVED THROUGH FIRST MEDIATION THEN – IF THE DISPUTE PERSISTS – THROUGH ARBITRATION, BOTH THROUGH THE MCCAMMON GROUP IN PRINCE WILLIAM COUNTY OR FAIRFAX COUNTY, VIRGINIA.   TO THE EXTENT THIS ARBITRATION REQUIREMENT IS DEEMED UNENFORCEABLE OR INVALID, THEN ANY SUCH CIVIL CLAIMS, COMPLAINTS OR DISPUTES SHALL BE RESOLVED BY LITIGATION IN STATE OR FEDERAL COURTS IN OR HAVING JURISDICTION OVER PRINCE WILLIAM OR FAIRFAX COUNTIES IN VIRGINIA.     TO THE EXTENT THE CLAIM, COMPLAINT OR DISPUTE RELATES TO ALLEGED COPYRIGHT INFRINGEMENT THROUGH A POSTING ON OR THROUGH THE HIRE HERE WEBSITE OR SERVICES, HIRE HERE SHALL APPLY THE PROCEDURES OF THE FEDERAL DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) BEFORE THE DISPUTE IS REFERRED TO MEDIATION AND ARBITRATION THROUGH THE MCCAMMON GROUP AND HIRE HERE SHALL ENJOY THE SAFE HARBORS AND LIABILITY LIMITATION BENEFITS WHICH THE DMCA PROVIDES FOR SERVICE PROVIDERS.             

 

HIRE HERE’s VALUE SERVICES AGREEMENT

1. Hire Here’s Value Services

Hire Here’s Value Services (HHVS) is a unique program offered by Hire Here LLC which gives an option to the Client to get its work done on contract basis through Hire Here rather than through a Contractor. The service providers enrolled under this program are W-2 classified employees instead of 1099-MISC contractors which means that they will work as per the schedule and timelines set by Hire Here which in turn will be guided by the requirements of the Client. HHVS provides solutions to all your business needs, at a reasonable cost which gives you more time to devote to your core business.

When the Client opts for HHVS, which is described on the Website, and clicks on “I agree”, this Agreement, in addition to all the other terms and conditions of the Website, will apply and bind the Client upon Hire Here expressly communicating acceptance of the project.  When the Client uses HHVS, Hire Here will assign the work of the Client to one or more of its employees depending on the volume of work.

Presently the Clients can contract for HHVS only through HHVS employees in the U.S.   However, we hope to soon offer these services in other countries.  Further information will be posted on the Hire Here Website as and when it becomes available.  

 

2. How to Hire Services Through AVS

Once the Client opts for HHVS and enters the details of the services required, no work shall begin until the Client is notified about the payment terms, along with the payment dates, and the Client and Hire Here each accept the same.  After the Client accepts the payment terms, and Hire Here accepts the project,  the work will start immediately after 25% of the project cost has been paid to Hire Here and the Client will continue to pay for each of the services rendered by the Hire Here employee through the Website unless the Client decides to Opt-Out, the process of which is described below, and pays the Opt-Out Fee.

 

3. Payment Terms

The payment shall be made by the Client to Hire Here directly through the HHVS page and there will be no Escrow. The fees will cover the cost of all Employee Wages and hourly fees as well as other costs. The bill amount will include all taxes and other government levies which shall vary from region to region.

Engagements done through HHVS are either Fixed Price engagements or Hourly Price engagements. The rates shall vary from engagement to engagement depending on the nature of work and the prevailing market rates.

 

4. Employee Information and Non Liability

The employee information posted on the website is for indicative or illustrative purposes only and, while believed to be substantially accurate, is not intended to be a guarantee or warranty on the part of Hire Here. Hire Here shall in no way be responsible for and shall have no liability for Client’s use of or reliance on any employee information posted or provided in the user’s profile.

Further, Hire Here does not provide any express or implied warranty of, and will have no responsibility for, the employees’ quality of service and/or Work Product including, without limitation, HIRE HERE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF NON-INFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Between Hire Here and Client, the Services, Work Product, and deliverables are provided AS IS AND WITH ALL FAULTS. It is the responsibility of the Client to create a work environment conducive to the performance of services by the employee free from any harassment or discrimination. Hire Here shall not be responsible for non-performance or deficient performance of the part of the Employee if the Client fails to provide a conducive work environment.

 

5. Substitution

In case the Employee who has been assigned the work of the Client is unable to complete the job due to reasons beyond his or Hire Here’s control or due to any termination, resignation or other end tohis employment with Hire Here, Hire Here shall substitute another employee in place of the previous employee to complete the

 

6. Termination of Hire Here’s Value Services

Once hired, the Hire Here Value Services can be terminated by the Client at any time by using the Opt-Out option.The Client shall be relieved of his obligations only after it makes the payment for the work already performed under the HHVS along with the applicable fees and charges charged by Hire Here. The decision of Hire Here in this regard shall be final and binding on the Client.

1. Hire Here can also terminate the services by giving 30 days advance notice to the Client. After the period of 30 days are over Hire Here will immediately be released from such obligations as are permitted by law, but it shall not be relieved of any such obligations that accrued or occurred prior to the expiration  of 30 days from the issuance  of the Termination Notice. Hire Here reserves the right to terminate the services purchased  by the Client through HHVS immediately in case the Client breaches this Agreement, including the Hire Here website Terms of Use, which are incorporated by reference.

 

7.  Disputes

Any claim, complaint or dispute raised by the Client against Hire Here relating to the services hired through HHVS and/or the Work Product shall be automatically referred to Hire Here Dispute Resolution Team which shall proceed in accordance with the Hire Here Dispute Resolution Policy.  Any claims or complaints by Hire Here against the Client for non-payment of fees shall also be subject to the Hire Here Dispute Resolution Policy, and Hire Here shall be entitled to recover its costs, expenses, enforcement of Arbitration, award of Arbitration fee and reasonable attorneys’ fees.

 

Confidentiality and Non Disclosure

Every user of this Website including the Contractor as well as the Client shall, by all means, protect the confidential information of each other and of Hire Here and for that purpose agree to the following terms of this Non Disclosure Agreement entered into between Hire Here and the user:

1. "Confidential Information": For purposes of this Agreement, Confidential Information shall mean all strategic and development plans, financial information, business plans, co-developer identities, data, business records, customer lists, project records, market reports, associate lists and business manuals, policies and procedures, information relating to processes, echnology, know-how or theory, prices, rates, quotes, bids, estimates and technical information, employee and staff skills, knowledge and identities, and all other information which may be disclosed by either Hire Here, the Contractor or the Client to which the other may be provided access by any disclosing party or others in accordance with this Agreement or through or relating to use of the Hire Here Website or services, or which is generated as a result of, incidental to or in connection with the Website usage or the Contract entered into between the Contractor and the Client through Hire Here, which is not generally available to the public.

 

2. Non-disclosure Obligations: The Receiving Party promises and agrees to receive and hold the Confidential Information in confidence, to use it only for purposes of performing its contracts with the Client/Contractor and negotiating with the Client/Contractor. Without limiting the generality of the foregoing, the Receiving Party further promises and agrees:

A. To protect and safeguard the Confidential Information against unauthorized use, publication or disclosure to any third party or the public at large;

B. Not to use any of the Confidential Information except for limited Business Purposes of entering into a Contract of negotiating, hiring and providing services through the Website.

C. Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by the Disclosing Party in accordance with this Non-Disclosure Agreement or the services contract between the parties. 

D. Not to use any Confidential Information to unfairly compete or obtain unfair advantage vis-a-vis any Disclosing Party in any commercial activity which may be comparable to the commercial activity contemplated by the Disclosing Party in connection with the Contract or the contemplated work product. 

E. To advise and instruct each of the persons to whom the Contractor or the Client provides access to any of the Confidential Information, such as their partners, officers, directors, staff, subcontractors and employees,  who need or receive such access to carry out the Contractual obligations, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information, and, upon request of the Disclosing Party, to provide the Disclosing Party with a copy of a written agreement to that effect signed by such persons.

F. To comply with any other reasonable security measures requested in writing by the Disclosing Party with respect to that party’s Confidential Information.

G. To refrain from directly contacting or communicating with the Source(s) of Confidential Information without the written consent of the Disclosing Party.

H. To undertake not to pass on any disclosed person’s names, positions or skill sets to third parties without the written consent of the Disclosing Party.

 

3. Exceptions: The confidentiality obligations hereunder shall not apply to Confidential Information which:

A. Is, or later becomes, public knowledge other than by breach of the provisions of this Agreement or fiduciary, legal or confidentiality obligations; or

B. Was in the possession of the Receiving Party with the full right to disclose it prior to its receipt from the Disclosing Party, as evidenced by written records;

C. Is independently received by the Receiving Party from a third party, with no restrictions on disclosure.

D. Is disclosed by Hire Here to a third party in accordance with the Hire Here Agreement of Service.

E. Is disclosed in confidence to a court or government official either directly or indirectly or to an attorney solely for the purpose of investigating a suspected violation of law or is contained in a complaint or a document filed in a lawsuit or other proceeding provided such filing is made under seal.

4. Return of Confidential Information: The Receiving Party agrees, upon termination or completion of the Contract or project or upon the written request of the other Party, whichever is earlier, to promptly deliver to the other Party all Confidential Information and all records physical or electronic, notes, and other written, printed, or tangible materials in the possession of the Receiving Party, embodying or pertaining to the Confidential Information.

5. No Right to Confidential Information:

A. The Receiving Party hereby agrees and acknowledges that no license, either express or implied, is hereby granted to the Receiving Party by the other Party to use any of the Confidential Information except for the benefit of the Disclosing Party in furtherance of the Contract, project or related negotiations.

B.  The Receiving Party further agrees that all inventions, improvements, copyrightable works and designs relating to machines, methods, compositions, electronic material or products of the other Party directly resulting from or relating to the Confidential Information and the right to market, use, license and franchise the Confidential Information or the ideas, concepts, methods or practices embodied therein shall be and remain the exclusive property of the Disclosing Party, and the Receiving Party has and shall obtain no right or title thereto.

 6. No Warranty: Hire Here has not made and will not make any express or implied representation or warranty as to the accuracy or completeness of its Confidential Information or of any other information provided to the Contractors and the Clients, and Hire Here shall have no liability resulting from the use of the Confidential Information or such other information.

7. No Commitment: The disclosure of Confidential Information does not, and doesn’t intend to, represent a commitment by the Disclosing Party to enter into the Contract with the Receiving Party or with any other entity. If the Parties desire to enter into a service contract, they will do so in accordance with the terms and conditions provided for in the “Hire Here Agreement of Service.’’

8. Compelled Disclosure: If either Hire Here, the Contractor or the Client faces a legal or administrative action, subpoena or discovery request to disclose Confidential Information received under this Agreement from a different party, then the Receiving Party shall promptly notify the Disclosing Party in order that the Disclosing Party may have the opportunity to intercede and contest such disclosure and, upon request, the Receiving Party shall cooperate with the Disclosing Party in contesting such a disclosure.

9. Losses:  The Receiving Party agrees to indemnify the Disclosing Party against any and all losses, damages, claims, or expenses incurred or suffered by the Disclosing Party as a result of the Receiving Party's breach of this Agreement.

10. Remedies:  The Contractor and the Client understand and acknowledge that any disclosure or misappropriation of any Confidential Information in violation of this Agreement may cause the Disclosing Party irreparable harm, the amount of which in some cases may be difficult to ascertain and, therefore, agrees that the Disclosing Party shall have the right to apply to a court of competent jurisdiction for an order, apart from and in addition to awarding damages, restraining any such further disclosure or misappropriation and for such other relief as the Disclosing Party shall deem appropriate. Such right of the Disclosing Party shall be in addition to Remedies otherwise available to the Disclosing Party at law or in equity.

11. Modifications/Amendments: This Agreement embodies the entire understanding between Hire Here, the Client and the Contractor  regarding their confidentiality obligations relating to their use of the Hire Here’s website or services and any contracts or relationships arising therefrom or relating thereto.  Should any provisions of this Agreement be found or rendered unenforceable by a court of competent jurisdiction, the remainder shall still be in effect. Hire Here may unilaterally change the specific terms and conditions of this NDA on thirty days’ notice without materially impairing any party’s vested rights.   

 12. No Waiver: The failure of Hire Here to require performance by the Contractor or the Client of any provision of this Agreement, or any obligation arising from it, shall in no way effect the full right to require such performance of that claim or obligation at any time thereafter.

13. Successors and Assigns: Neither the Contractor nor the Client shall have any right to assign its rights under this Agreement, whether expressly or by operation of law, without the written consent of Hire Here. This Agreement and the obligations of the Contractor and the Client hereunder shall be binding on the representatives, permitted assigns, and successors of the Parties.

14. Attorneys' Fees: If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement by Hire Here, then Hire Here shall be entitled to recover its attorneys' fees for such legal action from any breaching party and from any party bringing any unsuccessful claim or challenge under this Agreement.  

At HireHere we accept nothing but the best. And to achieve this we have a very rigorous screening process in place that is capable of identifying resources who believe in performance and respect deadlines.

We always strive to associate HireHere with serious project owners and a resource pool that is passionate, self-driven, future perfect and always willing to explore the new horizons of technology; while ensuring project related deadlines and quality are met at all costs.

Every member of HireHere talent pool is evaluated on 4 fundamental parameters:

Language and personality

Relevant industry experience

Problem solving ability

Professional values and integrity

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