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Updated and effective October 01, 2026 | Archived Versions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF CUSTOMER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON CUSTOMER’S BEHALF. SECTION 10 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN TRAVIS COUNTY, TEXAS. YOU AND CAREERPLUG ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
This agreement is between CareerPlug LLC, a Texas limited liability company (CareerPlug), and the customer agreeing to these terms (Customer).
Summary of the material changes:
1. HUMAN RESOURCES SOFTWARE SERVICE. This agreement provides Customer access to and usage of an Internet based human resources software service as specified on an order and as further outlined at: www.careerplug.com (Service).
2. USE OF SERVICE.
a. Customer Owned Data. All data, information, images, files and other content uploaded by Customer remains the property of Customer, as between CareerPlug and Customer (Customer Content). Customer grants CareerPlug the right to use the Customer Content for purposes of providing and maintaining the Service. CareerPlug may use how Customers use the Service to make improvements to the Service. During the term of this agreement, Customer may export its Customer Content as allowed by the reporting functionality within the Service.
b. Contractor Access and Usage. Customer may allow its contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors.
c. Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Content and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify CareerPlug promptly of any such unauthorized access; (iv) must ensure that no virus or destructive code is uploaded to the Service; and (v) may use the Service only in accordance with the Service’s technical documentation and applicable law.
d. Third Party Services (Customer’s Account). CareerPlug may integrate with certain third party online service providers (for example without limitation, background check providers). These services are provided by the third-party vendors, and use of these services is governed by Customer’s contract with such third parties. CareerPlug is not responsible for the performance, availability or use of any such third party service. CareerPlug cannot guarantee that it will have continuous access to such services, and the third party may terminate use of such services on a temporary or permanent basis. A third party service Customer chooses to connect to the Service, such as a background check, payroll, assessment, or human resources vendor, is Customer’s own processor and not CareerPlug’s subprocessor. Customer is responsible for its agreement with that third party and for the personal information the third party receives, and CareerPlug is not responsible for what that third party does with it.
e. Third Party Services (CareerPlug’s Job Feeds). The Service may integrate with certain third-party job board services (e.g. Indeed, ZipRecruiter) and other third party services. CareerPlug maintains active job feeds with these services and provides this functionality as part of the Service. The data sharing practices with these third parties are described in more detail here and Customer instructs CareerPlug to share this data until Customer opts out: https://support.careerplug.com/how-sharing-data-with-partnered-job-boards-can-attract-more-qualified-candidates
CareerPlug distributes job postings to third-party job boards and employment platforms (Job Boards) on Customer’s behalf as part of the Service. While CareerPlug make commercially reasonable efforts to maintain integrations with Job Boards and ensure your postings are delivered through the feeds, CareerPlug does not guarantee, warrant, or represent that your job postings will achieve any specific level of visibility, ranking, applicant volume, or engagement on any Job Board.
Job Board visibility is determined solely by the policies, algorithms, ranking criteria, and business decisions of each respective Job Board, all of which are outside CareerPlug’s control and subject to change at any time without notice. Factors that may influence whether and how your posting is displayed include, but are not limited to: keyword relevance, job posting quality and completeness, geographic demand, employer competition within your market, job seeker profile and behavioral data, posting age and engagement levels, and the volume and budget of sponsored listings competing for visibility in the same market.
CareerPlug’s role as a service provider is to deliver Customer’s job postings to Job Boards through the integration feeds. The display, ranking, and distribution of those postings once delivered is governed entirely by each Job Board’s own policies and systems, for which CareerPlug assumes no liability.
Job Board policies and algorithms change frequently and without advance notice. CareerPlug will make reasonable efforts to communicate material changes to customers generally as it becomes aware of them, but it is not obligated to provide advance notice of changes made by third-party platforms.
f. CareerPlug’s Support Commitment. CareerPlug must provide customer support for the Service under the terms of CareerPlug’s Customer Support Policy (Support) which is located at https://support.careerplug.com/help, and is incorporated into this agreement for all purposes.
g. Trial. If Customer has registered for a trial use of the Service, Customer may access the Service for duration specified by CareerPlug. The Service is provided AS IS, with no warranty during this time period. All Customer Content will be deleted after the trial period, unless Customer converts its account to a paid Service.
h. API. CareerPlug may provide access to its application-programming interface (API) as part of the Service. Subject to the other terms of this agreement, CareerPlug grants Customer a non-exclusive, nontransferable, terminable license to interact only with the Service as allowed by the API.
Customer may not use the API in a manner, as reasonably determined by CareerPlug, that exceeds reasonable request volume, constitutes excessive or abusive usage, or fails to comply with any part of the API. If any of these occur, CareerPlug can suspend or terminate Customer’s access to the API on a temporary or permanent basis.
CareerPlug may change or remove existing endpoints or fields in API results upon at least 30 days notice to Customer, but CareerPlug will use commercially reasonable efforts to support the previous version of the API for at least 6 months. CareerPlug may add new endpoints or fields in API results without prior notice to Customer.
The API is provided on an AS IS basis. CareerPlug has no liability to Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.
Customer’s use of the API and any XML data feed features is further governed by CareerPlug’s API & Data Feed Acceptable Use Policy, located at https://www.careerplug.com/acceptable-use-policy/ (the “API AUP”), which is incorporated into this agreement by reference. In the event of a conflict between this agreement and the API AUP with respect to API or XML feed usage, the API AUP controls.
i. AI Features. Customer acknowledges that the Service may provide access to artificial intelligence features (AI Features), which may occasionally produce incorrect or misleading results. Customer is responsible for verifying results and making any final decisions. CareerPlug does not use any Customer Content to train a third-party AI model (for example, ChatGPT, Anthropic, Gemini, etc.). CAREERPLUG DISCLAIMS LIABILITY ARISING FROM CUSTOMER’S USE OF OR RELIANCE ON THE OUTPUT OF THESE AI FEATURES.
More information regarding CareerPlug’s use of AI Features is located at: https://www.careerplug.com/our-product-approach-to-ai/
View CareerPlug’s most recent AI Bias Audit here: https://www.careerplug.com/wp-content/uploads/2026/04/2026-04-09-CareerPlug-AEDT-Bias-Audit.pdf
j. Employer Responsibilities for SMS Communications. Customers using CareerPlug’s Text-to-Apply feature are responsible for ensuring compliance with all applicable laws and regulations, including:
CareerPlug provides the Text-to-Apply functionality as a tool for hiring communication but does not guarantee message delivery.
k. Employee Pulse Surveys Feature. When a Manager activates Employee Pulse Surveys within CareerPlug’s Retain product, all employees designated as “active” on the client’s Team roster will automatically receive bi-weekly engagement surveys via email or other digital delivery methods.
Employee Pulse Surveys are designed to gather feedback about the employee experience and workplace engagement. Responses may be shared with the employer in aggregated or anonymized form to protect individual privacy. Individual responses may also be accessible to the employer’s authorized managers and administrators, depending on the configuration selected by the employer.
By participating in a Pulse survey, employees consent to the collection and use of their feedback for purposes of workforce engagement analysis. Participation is always voluntary; employees may choose not to complete a survey.
CareerPlug delivers Pulse surveys on behalf of the employer. The employer determines which employees are included and is responsible for maintaining accurate employee rosters in the system. Employees who are marked as “inactive” or “former” will not receive Pulse surveys.
l. Data Processing Addendum. CareerPlug’s data processing addendum, located at https://docs.google.com/document/d/1eUUoobYU3dkIwQI_1jttKb7b3oC8xaGNWmdVjC4o8P8/preview (Data Processing Addendum), is incorporated into this agreement and applies to personal information within Customer Content.
3. WARRANTY.
a. Warranty. CareerPlug warrants to Customer: (i) the functionality or features of the Service may change but will not materially decrease during any paid term; and (ii) that the Support may change but will not materially degrade during any paid term.
b. THIRD PARTY JOB SITE DISCLAIMER. CAREERPLUG DOES NOT CONTROL THE POSTINGS ONCE SUBMITTED TO A THIRD PARTY JOB SITE, AND SUCH POSTINGS ARE SUBJECT TO THE RULES AND DISCRETION OF THE THIRD PARTY SITE. CAREERPLUG CANNOT GUARANTEE THE LOCATION, PERFORMANCE OR WHETHER OR NOT THE POSTINGS ARE DISPLAYED BY SUCH THIRD PARTY JOB SITE.
c. LEGAL DISCLAIMER. CAREERPLUG STRIVES TO KEEP ITS SERVICE ACCURATE, CURRENT AND UP-TO-DATE, BUT BECAUSE THE LAW CHANGES RAPIDLY AND IS SUBJECT TO DIFFERENT INTERPRETATIONS BY THE COURTS, CUSTOMER SHOULD NOT RELY ON THIS SERVICE FOR ANY TYPE OF LEGAL ADVICE OR AS THE SOLE METHOD OF LEGAL COMPLIANCE. CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS WHEN USING THE SERVICE OR THE GENERATED REPORTS, INCLUDING TELEMARKETING AND SMS LAWS WHEN USING SMS FEATURES. CAREERPLUG EXERCISES NO CONTROL OVER CUSTOMER’S SPECIFIC HUMAN RESOURCE PRACTICES IMPLEMENTED USING THE SERVICE OR ITS DECISIONS AS TO EMPLOYMENT, PROMOTION, ADVANCEMENT, TERMINATION, NOTIFICATION, OR COMPENSATION. CAREERPLUG DISCLAIMS ALL LIABILITY ARISING FROM CUSTOMER’S DECISIONS.
d. GENERAL DISCLAIMER. CAREERPLUG DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE CAREERPLUG TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, CAREERPLUG DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
4. PAYMENT. Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. Customer is responsible for the payment of all sales, use, withholding, and other similar taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement.
a. Credit Card Payments. If a credit card account is being used, CareerPlug may obtain pre-approval for an amount up to the amount of the order. Customer must pay for the Services online, and CareerPlug may charge its credit card for all purchases and for any additional amounts (including any taxes and late fees, as applicable) owed to CareerPlug. CUSTOMER IS RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING CAREERPLUG WITH A VALID CREDIT CARD FOR PAYMENT WHICH THEY ARE AUTHORIZED TO USE. If Customer wants to designate a different credit card or use a bank account or if there is a change in Customer’s credit card status, Customer must change its information online in the account within the Service. If a Customer credit card changes or expires, or is revoked, disputed or not valid for any other reason, CareerPlug may suspend, terminate, or both (without liability) Customer’s use of the Service upon 5 days’ notice sent to Customer via email (using its email address in the Service).
b. Refunds. Except as expressly stated in CareerPlug’s refund policy or required by applicable law, all fees are non-refundable. Refund eligibility and the process for requesting a refund are described in CareerPlug’s Refund Policy, located at https://support.careerplug.com/careerplug-refund-policy which is incorporated into this agreement by reference.
c. Cancellation of Recurring Subscriptions. Customer is responsible for canceling its subscription if it no longer wishes to be billed. Instructions for how to cancel a subscription are described at: https://support.careerplug.com/careerplug-subscriptions-and-pricing#cancel
Customer must follow those instructions and complete the cancellation before the end of the then-current subscription term to avoid charges for the subsequent term. Cancellation stops future renewal charges but does not entitle the Customer to a refund of fees already paid or relief from obligated payments for the remainder of the subscription term, except as allowed in the Refund Policy or required by applicable law.
5. MUTUAL CONFIDENTIALITY.
a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). CareerPlug’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information). Customer Content is Customer’s Confidential Information.
b. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.
6. CAREERPLUG PROPERTY.
a. Reservation of Rights. The software, workflow processes, user interface, designs, know-how, and other technologies provided by CareerPlug as part of the Service are the proprietary property of CareerPlug and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with CareerPlug. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. CareerPlug reserves all rights unless expressly granted in this agreement.
b. Restrictions. Customer may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
c. Aggregated Data. CareerPlug may compile statistical information about the Service and how customers use it, and may publish that information, but only if the information is Deidentified. Deidentified means the information cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual, a particular Customer, or Customer’s Confidential Information. CareerPlug must take reasonable measures to keep the information Deidentified, must not attempt to reidentify it, and must require anyone it gives the information to accept the same restrictions. CareerPlug retains all intellectual property rights in Deidentified information.
d. Reporting to a Parent or Franchisor. If Customer is identified in the Service as associated with a parent company, association, or franchisor (Associated Company), CareerPlug may share Deidentified or aggregated reporting data about Customer’s use of the Service with that Associated Company. CareerPlug will not share applicant-level or employee-level personal information with an Associated Company unless Customer instructs it.
7. TERM AND TERMINATION.
a. Term. This agreement continues until all orders have terminated.
b. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
c. Return of Customer Content.
Within 60-days after termination, upon request CareerPlug will make the Service available for Customer to export Customer Content as provided in Section 2(a).
After such 60-day period, CareerPlug has no obligation to maintain the Customer Content and may destroy it. CareerPlug may keep copies it must retain to comply with law, and copies held in routine backups until those expire on their ordinary schedule. Customer Content retained under this Section 7(c) remains confidential and will not be actively processed.
d. Return CareerPlug Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay CareerPlug for any unpaid amounts, and destroy or return all property of CareerPlug. Upon CareerPlug’s request, Customer will confirm in writing its compliance with this destruction or return requirement.
e. Suspension for Violations of Law. CareerPlug may temporarily suspend or terminate the Service (or both), if it in good faith believes that as part of using the Service Customer has violated a law or if Customer has unpaid amounts under this agreement. CareerPlug will attempt to contact Customer in advance.
f. Bandwidth Limitations. CareerPlug does not currently place a limit on data storage or bandwidth usage. Customer should not store Customer Content more than is reasonably needed for normal recruiting and human resource management purposes. CareerPlug retains the right to create limits on bandwidth use and storage with respect to the Service with prior electronic notice to Customer.
8. LIABILITY LIMIT.
a. EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, CAREERPLUG IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS, REVENUE OR ANTICIPATED COST SAVINGS), EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
b. TOTAL LIMIT ON LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, CAREERPLUG’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE GREATER OF THE AMOUNT PAID OR OWED BY CUSTOMER WITHIN THE 12 MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.
9. INDEMNITY. If any third-party brings a claim against CareerPlug related to Customer’s acts, omissions, or Customer Content within the Service, Customer must defend, indemnify and hold CareerPlug harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
10. GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER.
a. Governing Law. Texas law governs this agreement, the Data Processing Addendum, and any dispute arising out of or relating to them or the Service, without regard to conflicts of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this Section 10.
b. Talk First. Before starting an arbitration or a lawsuit, the complaining party must send the other party written notice describing the dispute and the relief it wants. The notice must be signed by the party giving it, state the facts specific to that party’s dispute, and affirm that the claim is authentic and that the party is or was a customer. The parties must then try in good faith to resolve the dispute for 30 days after that notice. Completing this step is a condition to filing arbitration, and every limitations period is tolled while the 30 days run. Nothing in this Section 10(b) prevents either party from seeking injunctive relief at any time.
c. Binding Arbitration. Except as Section 10(e) provides, any dispute arising out of or relating to this agreement, the Data Processing Addendum, or the Service must be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and, if they apply, its Mass Arbitration Procedures and Guidelines, before one arbitrator, in Travis County, Texas. Judgment on the award may be entered in any court with jurisdiction. This Section 10 covers every claim relating to a Security Incident or to the privacy or security of personal data, however pleaded and whatever relief is sought. The arbitrator decides all questions of arbitrability and all questions about the scope and interpretation of this Section 10, except that only a court may decide whether Section 10(d) is enforceable and whether a claim falls within Section 10(e).
d. No Class or Representative Proceedings. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not preside over any class or representative proceeding. JAMS may consolidate or batch demands sharing common questions of law or fact under its rules, including its rule permitting consolidation (currently Rule 6(e)), and consolidation is not a class or representative proceeding. Section 10(h) governs where it applies but does not limit consolidation below its threshold. If this Section 10(d) is held unenforceable as to a particular claim or request for relief, that claim or request for relief must be severed from the arbitration and brought only in the courts identified in Section 10(f). The jury waiver in Section 10(f) and the fee provisions in Section 10(g) still apply to that claim. The rest of this Section 10 continues to apply to every other claim. The general severability provision in Section 11(d) does not apply to this Section 10(d).
e. Claims That Stay in Court. Either party may bring the following in court: (i) a claim for temporary or preliminary injunctive relief to stop actual or threatened infringement of intellectual property or misuse of Confidential Information; (ii) a claim for infringement or misappropriation by a party of the other party’s intellectual property; and (iii) a claim within the jurisdiction of a small claims court, if brought only in that court and on an individual basis. Seeking relief under clause (i) does not waive this Section 10, and the merits of the dispute remain subject to arbitration.
f. Forum for Court Claims. Any suit or legal proceeding permitted by this Section 10 must be brought exclusively in the state courts located in Travis County, Texas or, if it has jurisdiction, the United States District Court for the Western District of Texas, Austin Division. Each party submits to this personal jurisdiction and venue and waives any objection based on inconvenient forum. Each party waives its right to a jury trial.
g. Costs and Fees. The JAMS rules govern JAMS filing, administrative, and arbitrator fees. The prevailing party in any arbitration or court proceeding under this Section 10 is entitled to recover its reasonable attorneys’ fees and costs. The arbitrator or court decides which party prevailed and may apportion fees if neither party prevails entirely.
h. Many Similar Claims. If 75 or more demands for arbitration raising common questions of law or fact are filed against a party by claimants represented by the same or coordinated counsel, JAMS may consolidate the demands under its Rule 6(e) (or its successor) and may group them into batches for appointing arbitrators and setting fees on the same basis. Batches proceed at the same time, not one after another. Each demand is decided on its own record, and no decision in one demand binds or has precedential effect in any other. Every limitations period is tolled for each claimant from the date of that claimant’s notice under Section 10(b) until their case is decided. Consolidation and batching under this Section 10(h) are procedural and are not a class, collective, or representative proceeding. If this Section 10(h) is unenforceable, it is severed and the rest of Section 10 still applies.
11. OTHER TERMS.
a. Entire Agreement and Changes. This agreement, the order, and the Data Processing Addendum constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it or it is modified through an online process provided by CareerPlug and agreed to by Customer online, and no waiver is effective unless the party waiving the right signs a waiver in writing.
b. No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
c. Independent Contractors. The parties are independent contractors with respect to each other.
d. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect, except as Section 10(d) provides. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.
e. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
f. No Additional Terms. CareerPlug rejects additional or conflicting terms of any Customer form-purchasing document.
g. Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails.
h. Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive.
i. Feedback. If Customer provides feedback or suggestions about the Service, then CareerPlug (and those it allows to use its technology) may use such information without obligation to Customer.
j. Reference. Customer agrees to allow CareerPlug to use its name and logo in its marketing communications and materials, in accordance with Customer’s trademark guidelines and policies.
12. NON-U.S. CUSTOMERS.
a. These Terms Apply. The Service is provided from the United States.
b. Cross-Border Processing. CareerPlug and its subprocessors store and process Customer Content in the United States, and Customer instructs CareerPlug to transfer Customer Content to the United States for that purpose. Customer is responsible for giving its applicants and employees any notice, and for obtaining any consent, that the law of Customer’s jurisdiction requires for that transfer.
c. Customer’s Local Law Compliance. Customer is responsible for its own compliance with the employment, hiring, and privacy laws of every jurisdiction in which it recruits or employs.
d. Currency, Taxes, Export Controls. Fees are stated and payable in U.S. dollars unless the order says otherwise, and Customer is responsible for any non-U.S. tax, duty, or withholding. Customer must comply with all applicable export control and economic sanctions laws and must not make the Service available to any person or in any country those laws prohibit.
e. Language. Customer expressly wishes the Agreement and all related documents and notices to be drawn up in English.
f. No CISG. The UN Convention on Contracts for the International Sale of Goods does not apply to this agreement.