Last update: February 2, 2021
Welcome to Consultants 500. Consultants500.com is a job board for the professional services sector and a marketplace platform where you can search, compare and review a wide range of professional service providers.
Consultants500.com is a Website operated by Consultants 500 (“We”). We are registered in Amsterdam, the Netherlands under company number 52417662 and have our registered office at Landsmeerderdijk 55, 1035 PT, Amsterdam. Our VAT number is NL1703.16.580.B01. Our full legal company name is Rufus Franck trading as Consultants 500, a Sole Proprietorship.
Please read the Terms of Service carefully before you start to use the Website. By visiting, opening an account or using the services available from the domain and sub-domains of www.Consultants500.com (the “Website”), you agree to be legally bound by these Terms of Service. If you do not want to agree to these Terms of Service you must not access or use the Website. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
1 OVERVIEW AND DEFINITIONS
Consultants 500 is a niche job board & platform for professionals with a 100% professional services focus.
Via our job board you can find (fixed, flex, freelance) jobs in the professional services sector and post your job on our job board.
Our other platform is an online marketplace that enables buyers of professional services (“Clients”) to search for, compare and review a wide range of professional service providers (“Consultants”, “Freelancers”, “Companies” and, collectively with Clients, “Registered Users”). The Website contains features that enable Registered Users to do, among other things, the following:
Clients: Search for Consultants, Freelancers, and Companies (collectively referred to as “Advisors”), directly communicate with Consultants / Freelancers, and leave feedback for Consultants / Freelancers.
Advisors (Consultants / Freelancers / Companies): Create profiles, showcase expertise and capabilities. Consultants / Freelancers can obtain feedback from Clients, while a Company’s feedback is the average feedback received by Consultants that are connected to that Company.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Key terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration of an Employer or Job Seeker on our job board, or an Advisor or Client on our professional platform.
“Advisors” means people or companies that sign up to Consultants 500 as a Consultant, Freelancer or Company to showcase their expertise to potential Clients that are in search for Advisors.
“Clients” means people or companies that sign up or use Consultants 500 to search for or provide feedback to Advisors.
"Employers" means people or companies that sign up or use Consultants 500 to place job advertisements on our job board.
"Job Seeker" means people or companies that sign up or use Consultants 500 to search for jobs placed on our job board via job advertisements.
“Registered Users” means Advisors, Clients, Employers and Job Seekers collectively that have signed up to the Website.
“Services” means the services and functionality that can be obtained through the various free products and paid products on our Website.
“Website” means the worldwide website operated by Consultants 500 at https://www.consultants500.com , including its sub domains, or any replacement URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (i) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (ii) be financially responsible for your use of the Website and the payment of any fees due for Paid Products. Consultants 500 reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles
General. Once you have registered with the Website as a Registered User, the Website will create your Account with Consultant500.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D).
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Consultants 500 to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
D. Security of Registered User’s Account
Registered Users are responsible for maintaining the security of their account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Consultants 500 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you have a suspicion that someone has unauthorized access to your account, you must immediately notify us at email@example.com. You will shortly after receive a confirmation from our support department that they are handling the issue. Any attempt at unauthorized access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted. We are entitled to block or close your account if such unauthorized access happens through your account or with the use of your passwords.
E. Paid Products
Consultants 500 provides Employers several different paid Job Posting Options.
Job Posting Options for Employers may change from time to time at the sole discretion of Consultants 500 and upon reasonable notice posted in advance on the Website.
We reserve the right to change Job Posting Options and any related fees due or institute new fees at any time, at the sole discretion of Consultants 500 and upon reasonable notice posted in advance on the Website. No refunds of any Paid Products, including any Job Posting Options fees already paid will be given. If we exercise our right to cancel a Paid Product, including any job posting, as provided under these Terms of Service, at any time, we will not refund the fee already paid.
All transactions are final, and prorating is not offered for Paid Products, including job posts, that are taken down by the post owner before the job posting period expires whether the position was filled or otherwise.
A. Feedback can only be given to registered Consultants / Freelancers by Clients. It can be given at own initiative of a Client or at request from a Consultant / Freelancer.
B. Feedback can be given in the format of a skill rating and / or a written review.
C. Feedback is an important tool for comparing and selecting the best Advisor for the job. As such it is critical for Consultants / Freelancers to build a reputation of Client satisfaction in the form of Feedback.
D. Feedback will not be removed unless there are clear violations to our Terms of Service.
E. Feedback arranged to artificially enhance or damage a Consultant / Freelancer’s reputation, or to misuse the Website with Feedback from additional accounts, will result in a permanent suspension of all related accounts.
4 PROFILE INFORMATION
Our Services display content that is not created or developed by Consultants 500. This content is the sole responsibility of the person or entity that creates or develops it. We may review such third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. We cannot guarantee the accuracy, adequacy or quality of any such content displayed, or the qualifications of those posting it.
A. Advisor and Client
1. Undertakings between Advisor and Client.
It explicitly is the intention of Consultants 500 not to interfere in any way in the manner an Advisor and a Client may or may not do business with each other. Whether or not a Client and an Advisor decide to do business with each other and the way you want to accomplish this is fully up to you. As such, the engagement, contracting, management and payment of any Project and/or Service are between an Advisor and a Client and should be dealt with by both parties outside the Website.
Advisor and Client each acknowledges and agrees that their relationship is that of independent contractors. The Advisor shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Advisor and Client or between Consultants 500 and any Advisor or Client.
B. Registered Users and Consultants 500
Consultants 500 is not a party to the dealing, contracting and fulfillment of any Project between an Advisor and a Client or an Employer and a Job Seeker. Consultants 500 has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Advisors to perform services, the ability of Clients to pay for services, or that an Advisor or Client can or will actually complete a Project. Consultants 500 is not responsible for and will not control the manner in which an Advisor operates and is not involved in the hiring, firing, discipline or working conditions of the Advisor. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Advisor and a Client. Consultants 500 will not provide any Advisor with any materials or tools to complete any Project. Advisors and Clients must look solely to the other for enforcement and performance of all the rights and obligations arising from any agreements and any other terms, conditions, representations, or warranties associated with such dealings.
These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Consultants 500, except and solely to the extent expressly stated.
6 CONSULTANTS 500 FEES
A. Paid Products
Employers can choose from various paid Job Posting Options to post job advertisements on our job board. Dependent on the Job Posting Option chosen a different fee may be due by Employers.
Clients, Advisors and Job Seekers never pay any fees and as such can use the Services as provided by Consultants 500, including the usage of the Website, for free.
B. Paid Products Fee Changes
We reserve the right to change Paid Products Fees, including all Job Posting Fees, or any other fee that may be charged by Consultants 500 at any time, at the sole discretion of Consultants 500 and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a Paid Product as provided under these Terms of Service, at any time, we will not refund the fee already paid.
If you purchase any of our paid Services for which a Fee is due, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your Account. Also:
A. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
B. You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your use of our Website and to facilitate easy payment for new services.
C. You must pay us for applicable fees and taxes.
D. VAT and related Sales Taxes are calculated based on the location and IP address that you provide us at the time of purchase.
8 TERM; TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Consultants 500 as provided for under the terms of this section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Consultants 500 for any service.
C. Any termination of an Account will automatically lead to the termination of all related profiles or job posts.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Consultants 500 or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and other information you inserted on the Website.
G. We may use automated decision making to remove Accounts and related profiles we believe to be inappropriate. The owner of any profile or job post that has been removed on automated decision making has the right to appeal, contest the decision, and obtain human intervention.
9 PRIVACY AND CONFIDENTIALITY
Any notices regarding privacy concerns can be emailed to firstname.lastname@example.org.
10 INTELLECTUAL PROPERTY
A. Intellectual Property Rights
You agree and acknowledge that all intellectual property rights to the source code of the Website, its text and graphical elements hereunder, but not limited to text, graphics, icons, logos, UI, and software source code belongs to Consultants 500. These Terms of Service do not transfer from Consultants 500 to you any Consultants 500 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Consultants 500. The Consultants 500 logo, and all other trademarks and service marks used in connection with the Website are trademarks of Consultants 500. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Consultants 500 or third-party trademarks. You may not without prior written consent of Consultants 500, copy, or distribute the content of our Services to a third party in any way whatsoever, except when part of the normal use of our Services.
B. Published content
As Consultants 500 asks others to respect its intellectual property rights, it respects the intellectual property rights of others and desires to offer a platform that contains no content that violates those rights. Our Terms of Service requires that information posted by Registered Users be accurate, lawful and not in violation of the rights of third parties.
If you believe that material located on or linked to by Consultants 500 violates your copyright, you are encouraged to notify Consultants 500. Consultants 500 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Consultants 500 will terminate a Registered User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Consultants 500 or others.
Consultants 500 retains the right to use all published content by Registered Users for Consultants 500 marketing and promotional purposes.
C. Import information from 3rd party sites
Registered User acknowledges and agrees that when Registered User instructs Consultants 500 to collect certain identifying, portfolio, profile, and review information, among other types of information, from third party website or services, that Consultants 500 will employ both human and technical tools to effect such collection ("Profile Collection"). Registered User:
1. hereby consents to the Profile Collection with respect to each third party site upon with such information is displayed
2. and represents and warrants that Registered User has any and rights, consents, and licenses necessary for Consultants 500 to perform the Profile Collection and for Registered User to grant Consultants 500 the rights granted herein.
11 REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties
All Registered Users represent, warrant, and agree:
1. To grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. To be fully responsible and liable for any action of any user who uses your Account.
3. Not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. Not to allow any third party who is not authorized to do so to use your Account at any time.
Not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. Not to intercept or expropriate any system, data or personal information from the Website.
7. Not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. That it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. That they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
10. That they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Consultants 500 or any Register User.
11. That they will not use the Website to violate any law or regulation of the Netherlands or any international law or treaty.
B. Warranty Disclaimer
THE SERVICES PROVIDED BY CONSULTANT 500 OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) USD 100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
D. General Release
If you have a dispute with another Registered User, you release Consultants 500 (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, hold harmless and indemnify Consultants 500 from and against any and all losses, costs, expenses, damages or other liabilities incurred by Consultants 500 from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Consultants 500: (1) in connection with your use of the Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) your dispute of or failure to pay any Invoice or any other Payment. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
The Website may contain links to third-party web sites not under the control or operation of Consultants 500. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Consultants 500 part to store, backup, retain, or grant access to any information or data for any period.
12 USE OF OUR JOB BOARD
A Use of Our Services
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Employers.
You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can form a binding contract with Consultants 500. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by Consultants 500, unless we have provided you with specific written authorization to re-use the Services.
Contact with You by Email
By providing Consultants 500 your email address, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your account page or by following the opt-out and/or unsubscribe instructions in the email message. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
The information in this section applies to all User accounts. If you sign up and/or create an account with Consultants 500, you may control your profile information and how you interact with the Services by changing the settings on your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
By connecting to the Services using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you agree that Consultants 500 can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your Consultants 500 account. You agree that we are not liable for any personal data that is made available to us in violation of your privacy settings with the applicable social networking site.
Consultants 500 may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
General Rules of Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Consultants 500 servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Consultants 500 grants the operators of public search engines revocable permission to use spiders to copy materials from consultants500.com (and it's subdomains) for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by Consultants 500.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). If any such change, cessation or limitation of the Services materially and adversely affects you, then you may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.
You are solely responsible for your interactions with other Consultants 500 Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Consultants 500 shall have no liability for your interactions with other Users, or for any User's action or inaction. Consultants 500 shall have no obligation to you to enforce this Agreement against any other User.
If you use on any Website, a calculator that estimates unemployment insurance benefits, you agree to the following: (a) the calculator gives an estimate only and is not intended as legal advice, (b) the calculator does not guarantee that you will be eligible for benefits or a specific amount of benefits, (c) you must file an Unemployment Insurance claim with your state to find out if you are eligible and learn your actual benefit amount, and (d) we are not liable for any loss or damages caused by using this calculator.
B User Content and Users
Posting or Viewing User Content
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, screening requirements, screening questions, screening criteria, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ("User Content").
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
Prohibited Types of User Content
The following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Employer providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
No Warranties or Obligations
You agree that Consultants 500 makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that Consultants 500 acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that Consultants 500 is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although Consultants 500 has no obligation to screen User Content, to the extent that Consultants 500 becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with Consultants 500, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Consultants 500 or otherwise negatively impact Consultants 500, Consultants 500 reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
User Interactions and Assumption of Risk
You understand and agree that Consultants 500 does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Consultants 500, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Consultants 500 reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Consultants 500 where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
C User Content License Grant
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to Consultants 500, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Consultants 500 websites, distributing such User Content through the Consultants 500 distribution and publishing network and in job alerts to job seekers, and to promote Consultants 500 and the Services. This license continues even if you stop using the Services.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by Consultants 500 of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
D Mobile Software
We may make available software to access the Services via a mobile or tablet device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Consultants 500 does not warrant that the Mobile Software will be compatible with your mobile device. Consultants 500 hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Consultants 500 account on mobile devices owned or leased solely by you, for your personal use. You may not : (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Consultants 500 may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Consultants 500 or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Consultants 500 reserves all rights not expressly granted under this Agreement.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Services.
E Free Trials, Free Services and Paid Services for Employers
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND CONSULTANTS 500, THE FOLLOWING TERMS WILL APPLY TO EMPLOYERS USING PAID SERVICES.
Certain aspects of the Services may be provided for a fee. If you are a Employer and elect to use a paid feature of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Any recurring charges are billed in advance of service. Consultants 500 may (1) add new services and products for additional fees and charges, at any time in its sole discretion, or (2) amend fees and charges for existing services, at any time in its sole discretion upon notice. Cancellation requests should be made in accordance as further described in this agreement.
We may also provide certain products or services via our third-party partners and you agree that your use of such third-party products or services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Consultants 500 has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
No Refunds for Paid Services
You may cancel your subscription to paid services at any time, and you accept that you will not receive a refund of pre-paid fees for such cancellation, except where otherwise set out in this Agreement. In the event that Consultants 500 suspends, limits, conditions, or terminates your access to the Services and/or your account due to your material breach of this Agreement or any other agreement that you have with Consultants 500, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Consultants 500 the entire fees due for the subscription, product or service, as applicable.
Payment Information; Taxes; Delinquent Payments
If you are a Employer, you authorize Consultants 500 to provide any Authorized User associated with your account, or such other persons as you may hereafter specify in writing, access to view, change, and inquire, about bank, payment, tax or other information relating to your business relationship with Consultants 500.
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time Consultants 500 is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Consultants 500 upon written notice.
If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (eighteen percent per annum) or the highest rate permitted by law, if less, from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Consultants 500 in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
Credit and Debit Cards
In the event that you pay for any Services using a credit card or debit card, you authorize Consultants 500 to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable sales, use, excise, goods and services tax (GST), consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that Consultants 500 may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
Free Trails, Free Services, Subscription Services and Fixed Fee Services
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND CONSULTANTS 500, OR BETWEEN YOU AND ONE OF OUR THIRD-PARTY PARTNERS, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION TO THE PAID SERVICES WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
(i) Free Trial. If you have been offered a free trial to the job posting Services ("Free Trial"), you may be required to: (a) select a desired subscription plan ("Subscription Plan"), and (b) provide valid credit card/debit card and billing information. Your credit/debit card will not be charged until the expiration of the Free Trial. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge your debit/credit card for the first 30 days (if you are on a daily or monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the selected Subscription Plan ("Initial Plan Term"). We will continue to charge your debit/credit card at the beginning of the applicable renewal period following the Initial Plan Term unless you notify Consultants 500 that you do not wish to renew prior to the end of the Initial Plan Term.
(ii) Free Trial Cancellation. You can cancel at any time during the Free Trial by sending us an email at email@example.com. If you wish to cancel online, follow the instructions on the website to cancel your free trial immediately. It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is cancelled, you will lose access to information regarding candidates, Job Advertisements and other features of the applicable Subscription Plan.
(iii) Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan (e.g., every 1 day, 30 days, 3 months, 6 months, annual or other period), and, as authorized by you by agreeing to the automatic renewal of your Subscription Plan during the sign-up process, unless you notify Consultants 500 of any changes or requests not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a "Renewal Plan Term") or each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions provided on the applicable Consultants 500 website or in accordance as further described in this Agreement. At the time of the automatic renewal, the applicable subscription or other fees will be charged to the Payment Method provided and/or associated with your account, or you will be invoiced for payment.
(iv) Subscription Plan Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term by sending us an email at firstname.lastname@example.org, and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by Consultants 500.
Suspension or Termination
(i) Suspension or Termination for Cause. Consultants 500 may suspend or terminate your access to the Services and/or this Agreement in the following instances: (I) if you breach this Agreement and cannot correct the breach within that period required by Consultants 500 if the breach is capable of cure; (II) immediately, if you fail to pay any monies owed to Consultants 500 for paid services; (III) immediately if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of violations of this Agreement; and/or (V) for any abuse, inappropriate behavior, or other conduct, which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our Services. In the event of any suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with Consultants 500 (other than a termination for convenience by Consultants 500), you remain responsible for the entire amount of the fees (pre-paid and/or due), for the applicable Services. Consultants 500 may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of this Agreement.
(ii) Suspension or Termination for Convenience. Consultants 500 can terminate your access to the Services and/or this Agreement for convenience via email notification to you and, in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will not be provided as a result of the termination.
(iii) Your Termination Rights. You may terminate this Agreement if Consultants 500 materially breaches this Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: email@example.com. Pre-paid fees are non-refundable, except in the case of an uncured material breach by Consultants 500 (and in the absence of any contributory act and/or omission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan.
F Additional Terms that Apply to Job Seekers
As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs ("Job Applications"), (iii) receive job alert emails or text messages, where such features are available to you ("Job Alerts"), and (iv) include your resume and other applicable information in the Resume Database. For purposes of this Agreement, references to "resume" or "CV" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
If you have a Consultants 500 account, provide your resume/CV to Consultants 500, and/or sign up for Job Alerts, you agree that we may (A) use the information you provide to send you information about Job Advertisements that may be of interest to you; and (B) display or provide your resume/CV and profile information (to the extent that you have not designated it as private) to an employer or recruiter who may be interested in candidates like you.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a Job Advertisement on a Consultants 500 website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfill the services we provide to you.
Job Applications in General
By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your resume/CV), with the entity that posted the Job Advertisement.
You can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party account, such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement.
Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement as long as any parameters selected by that entity are met, where applicable. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask Consultants 500 to submit a message to any employer or third party or if you apply for a job using the Services, you accept that Consultants 500 does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
Applying to Job Advertisements on a Consultants 500 Website
When you apply to a Job Advertisement on a Consultants 500 website or through the app, if all parameters selected by the entity that posted the Job Advertisement are met, we will send the resume associated with your account, if applicable.
If you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other reason, we will ask you to input your email so we can verify your identity before we send the resume associated with your account. Once you receive the verification email and confirm your identity by following the instructions in the email, we will send out the resume associated with your account, if applicable.
IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a Job Advertisement or opt-in to the Resume Database, so an employer receives the most up-to-date information about you. In order to delete old resumes, edit your resume, or upload a new resume, please go to the Profile settings in your User account.
Additionally, although Consultants 500 requests that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, Consultants 500 cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
In addition to your ability to manually create a Consultants 500 account yourself, a Consultants 500 account will automatically be created for you in the following circumstances, if you don’t already have an account:
(a) When you sign up for job alerts with Consultants 500; or
(b) When you apply to a Job Advertisement on a Consultants 500 website, using for example, the ‘Apply Now’ or ‘Quick Apply’ buttons.
When an account is automatically created for you, you will receive an email with your user name (which is usually your email address) and a link to reset your password. Whether or not you choose to reset your password, the account will exist under your email address and the resume associated with the action you took (e.g., applying for a job, signing-up for job alerts, etc.), will be connected with that account. So, before applying to a Job Advertisement, please ensure that your resume is up-to-date so that employers receive the most recent information about you.
If you do not wish to have a Consultants 500 account, please contact firstname.lastname@example.org or go to your account settings and close your account.
You can manually sign up to receive job alerts by email. In addition to a manual sign up, if you apply to Job Advertisements on a Consultants 500 website and/or create an account, you may agree to receive email job alerts based on the type of role you selected. You can edit or change the type of job alerts want to receive by accessing the Job Alerts tab in your User account. You may opt out of job alerts by clicking on the unsubscribe link in your job alert email.
Consultants 500 has a feature which permits job seekers to include their resume/CV and other profile information in a resume database (the, "Resume Database") to be stored on the Service.
Making Your Profile and Resume/CV Public: If you elect to make your resume/CV ‘public’ in your Account settings or during your account creation: (i) it will be added it to the Resume Database, (ii) your resume/CV and profile information (including your personal information, to the extent provided in your resume or profile) will be available to be searched, viewed, or downloaded by any persons or entities that have access rights to the Resume Database, (iii) your resume/CV will be visible in whole or in part via search results within the Resume Database, and (iv) your resume/CV and profile information will be visible in part to Employers with active Job Ads to invite or rate candidates to apply.
If you add your resume/CV to the Resume Database, then you are:
Keeping Your Profile and Resume/CV Private: If you elect to keep your resume/CV private, it will not be added to the Resume Database. If you had previously made your profile and resume/CV public, and wish to opt-out, you may do so at any time by adjusting the settings in the "About Me" page of your account. If you opt-out, we will remove your resume/CV from the Resume Database and disable visibility to search results as soon as reasonably practicable. However, if an entity has already accessed your resume/CV through the Resume Database or search results and copied or saved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.
Interactions with other Users; Scams; Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV that. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Services.
In addition to carefully reviewing this section and the rest of this Agreement above, you should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. As mentioned in this Agreement, Consultants 500 does not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate or real.
G Additional Terms that Apply to Providers of Job Advertisements
As an Employer, you may use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, and/or (iii) post and/or distribute Job Advertisements on behalf of yourself and/or a third party.
With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by Consultants 500 pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the then-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to Consultants 500 to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause Consultants 500 to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold Consultants 500 and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any Job Advertisements that: (i) contain inaccurate, false, or misleading information; (ii) contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) endorse a particular political party, political agenda, or political position or promote a particular religion; (v) advertise job openings located in countries subject to economic sanctions of the United States or Canadian governments, except where permitted by applicable law; (vi) require the applicant to provide information relating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age; (vii) contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; (viii) includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; (x) requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (xi) contain content that violates applicable laws; (xii) pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); (xiii) requires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or local government contract; (xiv) contain links to any site competitive with Consultants 500 other than to an actual job posting; or (xv) do not otherwise comply with the then-current Job Posting Rules ("Job Posting Rules").
Additionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labor and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed).
REPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Websites, violate the Content Rules, please contact us at email@example.com and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly violates your copyright.
Publication and Distribution of Job Advertisements
By submitting Job Advertisements to Consultants 500 (whether or not during a Free Trial or during a Free Service), you agree that Consultants 500 is under no obligation to accept, publish, or distribute your Job Advertisements. Consultants 500 may require some Job Advertisements and/or Employers to be reviewed and/or verified to prevent fraud or abuse of the Services, improve our Services, or for any other reason in Consultants 500 sole discretion. In addition, Consultants 500 may publicly disclose the number of Job Advertisements that you have posted during any time period of measurement.
Consultants 500 will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, "Distribution Channels"); provided, however, that Consultants 500 has sole discretion in determining which Distribution Channels the Job Advertisements may be placed. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid job Subscription Plan, a Free Service Plan, or a trial or free subscription, and even if you have paid for a "Premium Reach." You agree that Consultants 500 is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on Consultants 500 websites.
We do not guarantee any responses, or the number of responses, to your Job Advertisements, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those permitted under your selected Subscription Plan, if applicable (each, an "Authorized User"). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with Consultants 500; (v) you will immediately notify Consultants 500 of any suspected or alleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with Consultants 500 with respect to investigation of any suspected or alleged violation of this Agreement and any action by Consultants 500 to enforce this Agreement.
Consultants 500 may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that Consultants 500 reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
Removal of Advertisements; Enforcement; Termination
You acknowledge and agree that Consultants 500 may, with no liability or penalty, remove any Job Advertisement or other content, communication or information posted, which in the sole judgment of Consultants 500, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect Consultants 500; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
We also have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If any of your free or paid Plan's includes access to the Resume Database, then (subject to the terms and conditions of this Agreement) Consultants 500 hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database for the limited purpose of (1) searching the Resume Database; and/or (2) viewing and/or downloading the number of resumes/CVs permissible under your Free Trial or Subscription Plan, each for the sole purpose of seeking potential employment candidates for legitimate employment opportunities. You shall not use or access the Resume Database for any other purpose.
You shall not use any automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or sub-license access to the Resume Database (or any portion thereof) or any resume (including Data). You further agree that you shall not use the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume Database.
Notwithstanding anything to the contrary in this Agreement, Consultants 500 reserves the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Resume Database shall not be used in any manner that adversely affects Consultants 500 business, imposes an unreasonable or disproportionately large load on Consultants 500 infrastructure, or interferes with the ability of others to access the Resume Database. Consultants 500 reserves the right to suspend or terminate access to the Resume Database or terminate this Agreement in the event of any non-compliance with this Agreement or any other agreement you have with Consultants 500. You shall remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If a Job Seeker opts out of the Resume Database at any time, Consultants 500 reserves the right to block access to, and/or remove, the Job Seeker’s resume/CV from the Resume Database.
You accept that Consultants 500 does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
You represent, warrant and promise that: (i) you will use the Resume Database and the personal information contained within any resumes/CVs (collectively, "Data"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from Resume Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes, and such disclosure falls within the scope of the appropriate Free Trial or Subscription Plan for the Services; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify Consultants 500 immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
Consultants 500 makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that Consultants 500 acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.
References to "resume" or "CV" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
Consultants 500 may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an individual against Consultants 500 arising from your breach of this Agreement or any other agreement you have with Consultants 500.
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend Consultants 500 at your own expense against all costs, claims, damages or expenses incurred by Consultants 500 for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
For the purposes of this Agreement, ‘Personal Data' means any information or pieces of information that could identify a natural person either directly (e.g. your name, email address, phone number) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means that personal data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health information. It could also include unique numerical identifiers like your computer’s IP address.
If you access or use the Consultants 500 Services through a third-party platform, such as, without limitation, third-party platforms applicable to Consultants 500's resellers, applicant tracking system partners, job board partners, or other strategic partners (each, a "Partner Platform"), you understand and agree that you will only post Job Advertisements in connection with hiring employees for your own organization, and you will only use the Consultants 500 Services in connection with hiring employees for your own organization. Consultants 500 reserves the right, as determined in Consultants 500's sole discretion, to reject or disable your use, or any portion of your use, of the Consultants 500 Services through a Partner Platform if you post a Job Advertisement in connection with hiring an employee for an organization other than yours or if you use the Consultants 500 Services in connection with hiring an employee for an organization other than yours, whether or not you are a job board, staffing agency, recruiter, recruitment advertising agency, or other recruitment-based entity.
H Job Posting Rules
At Consultants 500, we take pride in helping employers grow their business. We realize the time and resources that go into finding the right candidate. In order to create a mutually beneficial hiring experience for both job seekers and employers, it is important that every job opening posted on our websites represents a real, current, fair and non-discriminatory opportunity.
We will remove a job posting if we are made aware of, and confirm that, the job posting is inaccurate, fake, misleading, deceptive, infringes on a third-party’s copyright and/or trademark, violates an applicable law, rule and/or regulation in any jurisdiction nationally or internationally, violates your contractual obligations to Consultants 500, violates these guidelines, is libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive, or contains content that is not appropriate for any other reason.
Any violation of these Job Posting Rules and/or our contract with you and/or applicable law, may result in a suspension of services to you and/or a termination of our contract with you. We reserve the right to amend these Rules at any time.
Employers with a paid or free Plan or Employers with a current online subscription or job posting paper contract with Consultants 500 can post jobs on the Consultants 500 website and its subdomains. Job boards may not post directly on this website. If you are a job board, please contact firstname.lastname@example.org.
DO's and DONT's of Posting Jobs on Consultants 500
NOTE: The list below is not exhaustive.
The content of job postings must comply with the following rules or their equivalent in the U.S. or the jurisdiction (country, state, municipality, city, town, etc.) of the job poster, target job seekers, and any other applicable jurisdiction. Accordingly, the content of all job postings MUST:
Please visit these Job Posting Rules from time to time as rules may change. You can tell when they were last revised by the date posted below.
I Third Party Links and Services
13 CONSULTANTS 500 DOs AND DON’Ts
A. Dos. You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile;
4. Use the Services in a professional manner.
B. Don’ts. You agree that you will not:
1. Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
2. Use an image that is not your likeness or a head-shot photo for your profile;
3. Create a false identity on Consultants 500;
4. Misrepresent your current or previous positions and qualifications;
5. Misrepresent your affiliations with a person or entity, past or present;
6. Misrepresent your identity, including but not limited to the use of a pseudonym;
7. Create a Member profile for anyone other than yourself (a real person);
8. Use or attempt to use another's account;
9. Harass, abuse or harm another person;
10. Send spam or other unwelcome communications to others;
11. Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
12. Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
13. Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
14. Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
15. Violate the intellectual property or other rights of Consultants 500, including, without limitation, using the word “Consultants 500” or our logos in any business name, email, or URL unless stated otherwise by us;
16. Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Consultants 500;
17. Post anything that contains software viruses, worms, or any other harmful code;
18.Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
19.Create profiles or provide content that promotes escort services or prostitution;
20.Creating or operate a pyramid scheme, fraud or other similar practice;
21.Copy or use the information, content or data of others available on the Services (except as expressly authorized);
22.Copy or use the information, content or data on Consultants 500 in connection with a competitive service (as determined by Consultants 500);
23.Copy, modify or create derivative works of Consultants 500, the Services or any related technology (except as expressly authorized by Consultants 500);
24.Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
25.Imply or state that you are affiliated with or endorsed by Consultants 500 without our express consent;
26.Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
27.Sell, sponsor, or otherwise monetize an Account or any other feature of the Services, without Consultants 500 consent;
28.Deep-link to our Services for any purpose other than to promote your profile on Consultants 500, without Consultants 500 consent;
29.Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
30.Collect, use, copy, or transfer any information obtained from Consultants 500 without the consent of Consultants 500;
31.Share or disclose information of others without their express consent;
32.Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
33.Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
34.Monitor the Services' availability, performance or functionality for any competitive purpose;
35.Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
36.Access the Services except through the interfaces expressly provided by Consultants 500, such as its mobile applications, consultants500.com;
37.Override any security feature of the Services;
38.Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
14 MISCELLANEOUS TERMS AND CONDITIONS
A. Governing Law
These Terms of Service and the validity, construction, and performance thereof will be governed in all respects by the laws of The Netherlands. You agree that any and all controversies, claims or disputes with anyone, arising out of, relating to, or resulting from these Terms of Service, shall be submitted and settled by the competent court in The Netherlands.
B. Compliance with Law
You are responsible for compliance with applicable Netherlands and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
C. Modification and Waiver
Consultants 500 will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Consultants 500. No delay or omission by Consultants 500 in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
E. Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Consultants 500, and any attempt to do so will be null and void. Consultants 500 may assign these Terms of Service in its sole discretion.
F. Force Majeure
Except for the payment of fees to Consultants 500, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by mailed first-class, postage pre-paid, by registered or certified mail (notices sent by mail shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to Consultants 500:
Attention Rufus Franck
1035 PT, Amsterdam
If to Registered User:
To the address associated with Registered User’s access or login information.
H. Headings and Labels
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Consultants 500 with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Sections 6, 7, 8, 9, 10, 11, 12 and 13 will survive any termination of these Terms of Service for any reason.
You may also want to review the following: