Program Participation Agreement
Welcome, and thanks for visiting CareerUp (CareerUp, Inc. or as used herein: “CareerUp”, “We”, “Our”, or “Us”). When You (“You” individually or the entity that You represent “Host Company”) use Our website (the “Site”) or the CareerUp recruiting service, You are agreeing to Our terms, so please take a few minutes to review the Terms of Service (the “Agreement”) below.
By accessing the Service You agree to be bound by this Agreement, and any additional terms referenced herein. If You do not agree to this Agreement and the Privacy Policy, and any other referenced agreements or documentation, You must not access the Service. In Agreeing, You also represent that You are legal age to form such Agreement, have the authority to bind Yourself or the company You represent, and have disclosed all information to CareerUp as necessary to perform the Services, including the name of all companies You are associating with.
Definitions Within this Agreement;
- Assigned Supervisor means an individual representative designated by the Host Company to communicate with an Assigned CareerUp Coordinator for matters primarily regarding the Program and the Volunteer(s).
- Assigned CareerUp Coordinator means an individual representative designated by CareerUp to communicate with the Assigned Supervisor for matters primarily regarding the Program and the Volunteer(s).
- “Match” means the agreed assignment of a Volunteer to the Host Company for a particular period of time.
- “Participant(s)” or “Volunteer(s)” means person(s) who has agreed to join and participate in the Program.
- “Temporary Volunteering Period” means the pre-determined period of time not exceeding three (3) months that the Volunteer will be assigned to the Host Company.
- “Recruiting Fee” means the $2,400 USD fee that will be Payable to CareerUp by the Host Company should the relationship between the Volunteer and the Host Company exceed the Temporary Volunteering Period not exceeding three (3) months.
ARTICLE I
Undertakings of CareerUp
- Identify and introduce to the Host Company, on a best effort basis, Volunteer(s) who are willing to be assigned to the Host Company on a purely voluntary and temporary basis (2-3 month duration) for the sole purpose of gaining professional experience from the Host Company without any promise of any employment from the Host Company or any form of remuneration/compensation/salary/allowance unless expressly stated otherwise by the Host Company.
- Conduct interviews with the Volunteer(s) in order to determine the best matches for the Host Company, based on each applicant’s academic pursuit, experience, and interests. Based on screened applicants, CareerUp provide a “Candidate Profile(s)” to the Host Company with the names of the participant(s), resume, personal details, qualifications, and dates of interest of each Participant.
- Assist the Host Company by facilitating the interview process between the Host Company and Volunteer prior to the Notice of Approval/Rejection.
- Extend the Offer to a Volunteer(s) on behalf of the Host Company following the Notice of Approval.
- CareerUp shall provide Career Development services prior to their first day of work with the primary purpose of providing the Volunteer(s) with basic training in business etiquette and culture and best practices in a remote work environment.
ARTICLE II
Undertakings of the Host Company
- The Notice of Approval/Rejection of new Candidates shall be communicated by the Host Company through the Intern Dashboard.
- By Approving a Participant(s), the Host Company agrees to complete any documents or actions required by the Participant’s Educational Institution to obtain academic credit.
- Upon communication by the Host Company of its “Notice of Approval” to CareerUp, the Host Company shall, for the duration of the Program, allow the approved Participant(s) access to the tools needed communicate with their Assigned Supervisor and undertake the activities to allow the approved Participant(s) to experience the operations of the Host Company.
- Ensure there is an English speaking supervisor who will be readily available to communicate with both the approved Participant(s) and the Assigned CareerUp Coordinator for any matter relating to the program during regular work hours.
- The Company shall provide a welcoming and pleasant remote business environment for the approved Participant(s).
- The Company shall oversee the approved Participant(s) during working hours that have been agreed upon by the Host Company and the Participant. The Company recognizes that the approved Participant(s) reports to the Host Company on a purely voluntary basis. As such, in the event that the approved Participant(s) does not report on the first day of the Program or wishes to no longer proceed with the Program, the Host Company shall have no claim whatsoever against the said Participant(s) or CareerUp.
- The Company shall use appropriate discretion to determine the number of activities and projects to be given to the approved Participant(s).
- If the Company requests to cancel a Program(s) after approving Participant(s), the Company shall do so in a timely manner.
ARTICLE III
Miscellaneous Provisions
- Although CareerUp will do its best to find the most capable and compatible Participant(s) in a timely manner, CareerUp cannot guarantee that it will successfully find a Participant(s) for the Host Company.
- Although CareerUp will do its best to find the most capable and compatible Participant(s) for the Host Company, CareerUp cannot guarantee that the Volunteer(s) will successfully perform all tasks he/she has volunteered to undertake, nor can CareerUp guarantee that the Host Company will find their performance, attendance, or participation satisfactory.
- This Agreement is not a “recruitment” or “placement” as defined under the Labor Codes of the United States or the local jurisdiction of the Host Company.
- The Volunteer(s) herein are not engaged to work with the Host Company but are engaged to acquire experience and/or exposure to a corporate/business environment purely on a voluntary basis.
- This Agreement shall be governed by the laws of the United States and any dispute shall be filed only with the relevant courts.
- The Company hereby agrees not to assign any of its rights and obligations under this Agreement without the prior consent of CareerUp.
ARTICLE IV
Extension beyond Temporary Volunteering Period
- If the Host Company should like to extend the professional relationship with a Volunteer beyond the Temporary Volunteering Period, CareerUp will require payment of a Recruiting Fee equal to $2,400 USD and payable by the Host Company no later than fourteen (14) days after the last day of the Temporary Volunteering Period, unless an alternate payment due date has been expressly agreed upon by CareerUp and the Host Company.
- Should any fees incurred by the Host Company pursuant to Host Company’s use of the Services remain unpaid more than ten (10) days after the fourteen (14) day payment requirement set forth herein, CareerUp will, as a genuine assessment of its damages, assess a late payment fee on Client’s invoice equal to five percent (5%) of the amount overdue for each month.
- If, in the 180 days following the end of the Temporary Volunteering Period, the Host Company engages with the Volunteer in any professional capacity, CareerUp will require payment of a Recruiting Fee equal to $2,400 USD and payable by the Host Company.
- The host company shall ensure that the Volunteer has agreed to extend the relationship prior to paying the Recruiting Fee.
- The Host Company shall ensure that the new relationship formed with the Volunteer respects the Labor Codes of the United States or the local jurisdiction of the Host Company.
ARTICLE V
- This Agreement contains the entire agreement of the parties and supersedes all other agreements and understandings with respect to the matters contained herein.
ARTICLE VI
Liability
- CareerUp is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any negative or critical comments that may be posted by other Users through the Services; (e) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; or (f) any third-party personally identifiable information You upload or provide to CareerUp pursuant to the Services.
- To the maximum extent permitted by law, you understand and agree that in no event shall CareerUp be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the service, whether or not CareerUp has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement, or from any communications, interactions or meetings with other users of the service, on any theory of liability (including contract, tort including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from: (I) the use or inability to use the services; (ii) statements or conduct of any third-party on the services; or (iii) any other matter related to the services.
- To the maximum extent permitted by law, under no circumstances will CareerUp be liable to a user, regardless of whether the claim is based in contract, tort including negligence, strict liability, or otherwise, for more than the greater of: (a) the total amount payable by the user to CareerUp for the twelve (12) month period preceding the date the cause of action first arose; or (b) one hundred dollars ($100).
- The limitations of this section will not apply to any liability that cannot be excluded or limited by law.
- Our licensors and service providers will have no liability of any kind under this agreement. You may not bring any claim under this agreement more than twelve (12) months after the cause of action arises.