Terms - Employy

Employy's Terms

Introduction

Welcome to Employy! These Terms of Service govern your access and use of our services.

What we provide Employy operates an online platform connecting businesses with remote talent in Africa.

Your use means agreement By accessing or using Employy services, you agree to these Terms which incorporate our Privacy Policy and other policies.

Let’s connect Reach out if you have any other questions!

Definitions
1. Employy means Employy Group LLC, a company incorporated under the laws of Georgia with its principal place of business at 123 Main St, Atlanta, GA 12345.
2. User means the party accessing or using the Services.
3. Services means the online platform and related services provided by Employy that connects businesses with remote talent, including a discovery call, matching with skilled assistants, and client dashboard.
4. Terms means these terms of service governing the use of the Services.
5. Online Acceptance (a) By accessing or using the Services, creating an account, or clicking “I Accept”, the User signifies acceptance of these Terms.
  (b) The Terms shall go into effect for each User from the date of their initial access or use of the Services.
Scope of Services
1. Employy Platform and Services. Employy operates an online platform (“Platform”) that connects businesses with remote talent located in Africa. Through the Platform, Employy offers services such as conducting discovery calls, matching Users with skilled assistants, and providing a client dashboard for management (“Services”). The Services are aimed at enhancing productivity for entrepreneurs, executives, startups, and companies.
2. License. Subject to the User’s compliance with these Terms and payment of any applicable fees, Employy grants the User a limited, non-exclusive, non-transferable license to access and use the Services for their intended personal use only.
3. Limitations on License. The license does not include resale, modification, derivative works, or commercial use of the Services. Employy may terminate the license at any time if the User does not comply with these Terms.
4. No Guarantees. The Services are provided on an “as is” basis without warranties. Employy makes no guarantees regarding the Services, including specific results, availability, accuracy, or completeness.
5. User Responsibility. The User is solely responsible for their own use of the Services and interactions with other users/assistants. Employy has no responsibility for the acts or omissions of users.
Eligibility and Registration
1. Age Requirement. Each User represents and warrants that they are at least 18 years old. The Services are not available to any person under 18 years of age, regardless of parental consent.
2. Compliance with Laws. Each User represents and warrants that their use of the Services will comply with all applicable laws and regulations.
3. Registration. To use the Services, a User must register for an account by providing accurate information. The User agrees to maintain the accuracy of such information. The User shall be responsible for all activities that occur under their account.
4. Use on Behalf of an Organization. If a User uses the Services on behalf of an entity or organization, the User represents and warrants that they have authority to bind such entity or organization to these Terms.
5. Shared Devices. Users should sign out of their accounts and close the browser when using a shared device. Employy will not be liable for any unauthorized use of a User’s account.
Accounts and Passwords
1. Account Creation. By creating an Employy User account, the User agrees to provide complete and accurate information regarding their identity and qualifications. The User is solely responsible for maintaining and updating this information to keep it current, complete and accurate.
2. Responsibility for Account Activities. The User is responsible for maintaining the confidentiality and security of their Employy account credentials and password. The User is responsible for all activities that occur under their account.
3. Eligibility. The User represents and warrants that they are at least 18 years of age and have full authority to enter into these Terms.
4. Password Confidentiality. The User is solely responsible for maintaining the confidentiality of their password and account. The User is prohibited from sharing their password or allowing any other person to access their account.
5. Use of Shared Devices. The User must sign out of their account and close the browser when accessing Employy from a shared or public computer. Employy will not be liable for any damages arising from failure to sign out after using a shared device.
6. Termination of Access. Employy reserves the right to suspend or terminate a User’s access to their account or use of the Services for any reason, including breach of these Terms.
Billing and Payment
1. Fees. The User shall pay the fees (“Fees”) for the Services as set out on the Employy website or otherwise agreed between the parties.
2. Tracking. Employy will track the time worked by assigned remote talent for the User each week. Time worked will be specified on an online timesheet.
3. Weekly Billing. Employy will bill the User on a weekly basis, each Monday, for the prior work week based on the hours logged in the timesheet.
4. Payment Obligations. The User is obligated to pay the Fees for all hours properly logged and tracked for their assigned remote talent each week. Payment must be made within 5 days of invoice date via the payment methods offered on the Platform.
5. Collections. Employy reserves the right to send any late or failed payments to collections agents. User shall be liable for all fees and costs incurred in collection efforts.
6. Disputes. User shall review all timesheets promptly for accuracy. Any discrepancies must be reported within 3 days to be eligible for review. If Employy verifies the hours are accurate, User remains obligated for payment in full.
User Content
1. Ownership of User Content. You hereby grant to Employy a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Employy. Employy shall have the right to use, copy, distribute, edit, display, store, adapt, create derivative works and publish such User Content in connection with the operation of the Employy services, in any form, media or technology now known or later developed.
2. User Representations and Warranties. You represent and warrant that: (i) you own the User Content submitted by you on the Employy services or otherwise have the necessary permissions, rights and consents to submit such User Content; and (ii) the posting of your User Content on or through the Employy services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
3. User Indemnification of Employy. You agree to indemnify and hold Employy harmless from and against any and all losses, damages, settlements, costs, charges, professional fees or other expenses or liabilities of any nature whatsoever (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action, demand or proceeding brought by a third party due to or based upon: (i) any User Content that you submit, post, transmit or otherwise make available through the Employy services; or (ii) your use of the Employy services in violation of these Terms.
4. Removal of User Content. Employy reserves the right in its sole discretion, but does not have any obligation, to review, monitor, edit, move, refuse to post or remove any User Content submitted to or posted on the Employy services, without notice and for any or no reason, including but not limited to if such User Content violates these Terms. Employy is not responsible for backing up or retaining any User Content.
Proprietary Rights
1. Ownership of Intellectual Property Rights. Employy owns all right, title and interest, including all intellectual property rights, in and to the Employy platform and the Employy website.
  1. Rights owned by Employy include copyrights, patents, trademarks, trade secrets, rights to any modifications, improvements, additions or derivative works whether created by Employy, Users or third parties.
2. Ownership of User Content. Users retain ownership and control of any content they submit or transmit through the Employy platform (“User Content”), subject to the license granted in clause 6.3.
3. License to User Content. By submitting, posting or displaying User Content on or through the Employy platform, the User hereby grants to Employy a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, publish, and process such User Content in connection with the operation of its business including within the Employy platform.
  1. The User represents and warrants that it has the right to grant the license for any User Content provided to Employy and that such User Content complies with these Terms and does not infringe any intellectual property or other right of any third party.
  2. The User agrees to indemnify and hold Employy harmless from any breach of the representations and warranties in clause 6.3.1 or any third party claims arising from the User Content.
4. Employy Trademarks. Employy trademarks, logos and trade names (“Employy Marks”) are trademarks or registered trademarks owned by Employy.
  1. Users may use Employy Marks only pursuant to Employy’s prior written approval and trademark usage guidelines. Any use must inure to the benefit of Employy and not harm its goodwill.
5. Assignment of Rights. If a User creates any materials bearing Employy Marks, the User hereby assigns all rights in such materials including modifications and derivative works to Employy.
6. Prohibition on Trademark Registration. Users shall not apply for trademark registration of Employy Marks or any similar marks.
7. Compliance with Laws. Users shall ensure any use of User Content or the Employy platform complies with all applicable laws and does not infringe third party rights.
Confidentiality
1. “Confidential Information” means any technical, financial, strategic or other proprietary or confidential information relating to Employy’s business, operations or properties disclosed by Employy to the User, including any user information.
2. The User shall not use Confidential Information for any purpose other than as contemplated in these Terms.
3. The User shall not disclose Confidential Information to any third party.
4. The User shall take all reasonable measures to protect Confidential Information and prevent it from falling into the public domain.
5. The confidentiality obligations under this section shall not apply to any Confidential Information which the User can prove:
  1. was in the public domain at the time of disclosure or subsequently enters the public domain through no fault of the User;
  2. was known to the User prior to disclosure without restriction;
  3. is disclosed with Employy’s prior written consent; or
  4. is disclosed pursuant to an order of a court or governmental agency, provided the User gives Employy prompt written notice of the order.
6. The confidentiality obligations shall survive termination of these Terms.
Representations and Warranties
1. The User represents and warrants that they have full power, capacity and authority to accept the Terms.
2. The User represents and warrants that they are at least 18 years of age and have the legal right to enter into a binding contract.
3. The User represents and warrants that using the Services will be in compliance with all applicable laws and regulations.
4. The User represents and warrants that any information provided to Employy is true, complete and accurate.
5. The User represents and warrants that any of the User Content posted does not infringe any intellectual property or other proprietary rights of any person or entity and does not violate any laws.
6. The User agrees to indemnify, defend and hold harmless Employy from any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal fees, brought by third parties due to or arising out of:
  1. a breach of these Terms or the documents incorporated herein by reference;
  2. any User Content or other information provided by the User;
  3. the User’s use of the Services.
7. The User represents and warrants that any content uploaded will be free of viruses or other harmful components.
8. The User represents and warrants that any information provided will not contain any content that is false, inaccurate, unlawful, misleading, defamatory, obscene, pornographic or illegal.
9. The User represents and warrants that they have obtained all necessary rights and clearances in any of the User Content and such User Content shall not infringe any intellectual property or other proprietary rights of any person or entity.
10. The User agrees to comply with these Terms and Conditions and all other applicable policies of Employy.
Disclaimer of Warranties
1. The Services are provided on an “as is” and “as available” basis.
2. Employy expressly disclaims any and all warranties and conditions, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. Employy makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error-free; nor does Employy make any warranty as to the results that may be obtained from your use of the Services or as to the accuracy or reliability of any information obtained through the Services.
4. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that you will be solely responsible for any damage including loss of data that results from the download of such material and/or data.
5. Employy exercises no control over and accepts no responsibility for the content of the information passing through the Services; and it is your sole responsibility to make sure the Services are correctly configured to access and use material and information available on the Services.
Limitation of Liability
1. Employy shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from use of services. This includes loss of profits, data, business, goodwill or anticipated savings.
2. Employy provides services on an “as is” basis without any warranties. Employy does not guarantee services will meet requirements, be error free, secure, uninterrupted or always available.
3. Employy’s maximum aggregate liability shall be limited to the amount paid by the user in the 3 months immediately preceding the date of the event giving rise to the claims for direct damages arising from or related to these terms or the services.
4. Employy shall not be liable for the conduct of any user or third party providers.
5. Employy shall not be liable for failure to perform any obligation so far as the performance is prevented, frustrated or delayed as a consequence of any act which amounts to a force majeure event.
6. Some jurisdictions do not allow exclusion of implied warranties. If these laws apply, the exclusions in section 10.2 may not apply.
Indemnification
1. Indemnification by User. You shall defend, indemnify, and hold harmless Employy and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
  1. your breach of these Terms;
  2. your violation of any laws, regulations or third party rights;
  3. your use of the Services, including any content you submit, post, transmit or otherwise make available through the Services; or
  4. your products/services offered, sold, marketed or distributed in connection with the Services.
2. Cooperation in defense. You shall cooperate as fully as reasonably required in the defense of any matter subject to indemnification under clause 11.1.
3. Employy’s right to assume defense. Employy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification under clause 11.1.
Termination
1. Cancellation Notice. If the User wishes to cancel their services, they must contact their Customer Success Manager via email or chat at least 10 calendar days before their next subscription renewal date (the “Cancellation Notice”).
2. 10-Day Notice Period. After the User provides their Cancellation Notice, their services shall remain active for 10 additional calendar days before cancellation takes effect (the “Notice Period”). The User shall be responsible for fees incurred during the Notice Period.
3. Timing of Notice. To avoid being charged for the next subscription term, the User must provide the Cancellation Notice at least 10 calendar days before their renewal date. If the User provides less than 10 days’ notice, they will be charged for the next subscription term.
4. Pausing Services. The User may request to temporarily pause services instead of outright cancellation. However, this does not guarantee the same remote talent will be assigned when resuming services.
5. Post-Cancellation Talent Reassignment. Typically after cancellation or a pause in services, any assigned remote talent are reassigned to other clients by Employy.
Dispute Resolution
1. Agreement to Binding Arbitration. You and Employy mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Employy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Employy otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is found to be unenforceable, then the entirety of this “Dispute Resolution” section will be null and void.
2. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” Section. (The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of consumer arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
4. Location of Arbitration. Unless you and Employy agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Employy submit to the arbitrator, unless you request an in-person or telephonic hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Arbitrator’s Award. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND EMPLOOY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Employy otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding.
6. Severability. With the exception of any dispute relating to the interpretation, scope, or validity of Section 13.5 above or this Section 13.6, any determination as to the enforceability of this “Dispute Resolution” Section as a whole is for the court and not the arbitrator to decide. If Section 13.5 or 13.6 is found to be unenforceable, the entirety of this “Dispute Resolution” section will be null and void.
General Provisions
1. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth herein, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Georgia, United States of America, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
2. Amendment. Employy reserves the right, in its sole discretion, to amend these Terms from time to time. Unless otherwise provided, all amendments shall automatically be effective 30 days after their posting on the Services or delivery to you, and your continued use of the Services after such time will constitute your acceptance of any such amendment.
3. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
4. No Waiver. The failure of Employy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
5. Entire Agreement. These Terms and any policies or operating rules posted by Employy on the Services constitute the entire agreement and understanding between you and Employy and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Employy.
6. Independent Contractors. The relationship between Employy and the user is that of independent contractors. Neither party is an agent, employee, joint venture or partner of the other.
7. Force Majeure. Employy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Employy’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Entire Agreement
1. Entire Agreement. These Terms constitute the entire agreement between Employy and the User regarding the subject matter herein and supersedes any prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
2. Supersession of Prior Agreements. These Terms supersede and replace any and all prior or contemporaneous agreements or understandings between Employy and the User regarding the Services.
3. No Reliance on External Representations. The User acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Employy which is not set out in these Terms.
4. Severability. Each provision of these Terms shall be interpreted in such a way as to be effective and valid under applicable law. If any provision shall be prohibited or invalid, such provision shall be deemed modified to the extent necessary to make it effective and valid under applicable law. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms.
5. No Third Party Beneficiaries. These Terms are for the sole benefit of Employy and the User and do not grant any rights or remedies to any other person or entity.
6. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.
Modification of Terms
1. Employy reserves the right to modify these Terms at any time by posting the modified Terms on the Employy website.
2. Users will be notified of any modifications through the Employy website or by email. The User’s continued use of the Services after such modifications will constitute the User’s consent and acceptance of the modified Terms.
3. For any material changes that affect the User’s rights or obligations, Employy will provide at least 30 days’ notice through the Employy website or by email, along with an opportunity for the User to expressly consent to or terminate the agreement.
4. Any modifications to the arbitration clause under these Terms shall not provide a renewed right for the User to opt-out of arbitration in respect of any claims that have already been asserted in an arbitration proceeding or any claims that were required to be asserted in a prior proceeding.
5. The most current version of these Terms as posted on the Employy website will supersede any previous versions.
6. Notwithstanding termination of these Terms, the confidentiality, intellectual property, disclaimers and limitation of liability clauses shall survive.
7. Online Acceptance Modifications to these Terms shall become effective when posted on the Employy website. Continued use of the Services after modifications constitutes the User’s acceptance.
Assignment
1. The User shall not assign or transfer any of its rights or obligations under these Terms to any third party without the prior written consent of Employy. Any such attempted assignment or transfer shall be void and of no effect.
2. Employy may assign any of its rights or obligations under these Terms to any third party, in its sole discretion, by providing notice to the User.
3. Any permitted assignment by Employy shall be binding on the User. The User hereby consents to any such assignment by Employy.
4. An assignment by Employy shall not release the User from any liability or obligation owed to Employy as on the date of such assignment, nor shall it increase the scope, volume or other obligations of the User. The User shall remain liable for any pre-existing breach or liability as on the date of assignment.
Severability
1. If any part or provision of these Terms is held to be unenforceable or invalid by a court of law, the parties intend that such provision be modified to render it enforceable while maintaining to the maximum extent possible the original intent, or if not possible, severed from these Terms without affecting the enforceability or validity of the remaining terms of these Terms.
2. In the event that any provision of these Terms is determined to be invalid or otherwise unenforceable, that provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
3. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
Waiver
1. No waiver of rights. A party’s failure to exercise a right or remedy under this Agreement or delay in exercising such a right or remedy shall not constitute a waiver of that right or remedy.
2. Partial waiver. A waiver of any right or remedy under this Agreement or provided by law is only effective if it is in writing and it applies only to the circumstances for which it is given and shall not prevent the exerciser from subsequently exercising its rights and remedies in relation to other breaches.
3. No waiver by inaction. A party’s failure to act with respect to a breach by the other party shall not be deemed a waiver of such breach or a waiver of future breaches, and shall not prevent the party from acting with respect to subsequent similar breaches.
4. Irrevocable waiver. Any waiver given pursuant to this clause must expressly state the specific right or remedy which is being waived and that such waiver shall be irrevocable.
Force Majeure
1. Force Majeure Event means any event beyond a party’s reasonable control, including acts of God, war, government actions, strikes or other labor disputes, fire, natural disasters, and changes in law or regulations.
2. A party will not be deemed in breach of this Agreement or otherwise liable to the other party, for any failure or delay in fulfilling or performing any term of this Agreement, to the extent that such failure or delay is due to a Force Majeure Event.
3. The affected party will:
  1. Promptly notify the other party of the Force Majeure Event and the duties or obligations it is unable to carry out due to the Force Majeure Event; and
  2. Take reasonable steps to mitigate the effects of the Force Majeure Event.
4. If a Force Majeure Event substantially prevents, hinders or delays a party’s performance for more than 30 days, the other party may terminate this Agreement immediately by giving written notice.
5. Nothing in this section will excuse a party’s obligation to make payments.
General

Entire Agreement This Terms constitute the entire agreement between Employy and the User regarding the subject matter herein. It supersedes any prior agreements and governs use of the Services.

Modification Employy reserves the right to modify these Terms at any time by posting changes on the Employy website. Continued use after modifications constitutes acceptance.

Severability If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment The User cannot assign its rights or obligations under these Terms without Employy’s written consent. Employy may assign its rights and obligations under these Terms in its discretion.

Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Georgia, United States. Users agree to the exclusive jurisdiction of courts in Georgia for any disputes arising out of these Terms.

Let’s connect Reach out if you have any other questions!

Website: employy.co
Email: [email protected]

Last updated February 21, 2024.