The following describes the terms that THECONTINGENTPLAN.COM (referred to as “THECONTINGENTPLAN,” “we,” “Site,” or “us”) offer you access to services. Your permission to use the THECONTINGENTPLAN Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service, and the following additional terms and conditions and policies, which are incorporated by reference (collectively, the “Agreement”).
You understand that by making a purchase through THECONTINGENTPLAN, by using the Site (including any content provided therein), Services, or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.
By using the THECONTINGENTPLAN website and related services you agree to be bound by the terms of this User Agreement. THECONTINGENTPLAN is a web-based service available including the domain thecontingentplan.com and a number of other sites. This service provides employers with recruiting services, talent acquisition services, and job board to publish or advertise their openings. This service also connects jobseekers with resume writers, career coaches, and prospective employers. Any content purchased on this site or the sites controlled or managed by THECONTINGENTPLAN.COM is the property of the individual purchasing the content. THECONTINGENTPLAN is a staffing company and not a law firm or referral service. NOTHING ON THIS SITE IS TO BE CONSTRUED AS LEGAL ADVICE FROM THECONTINGENTPLAN.
In consideration of your use of the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the Site, your Coach, your Resume Writer, or the Recruiter working with you. THECONTINGENTPLAN has the right to deny you access to the Site, reject your order, or withdraw your application if your information is untrue, inaccurate, or incomplete. You acknowledge that you are age 18 or older when entering the Site or working with THECONTINGENTPLAN in any way.
“Candidate” is an individual that seeks employment or a consulting role, is submitted for employment or a role as an independent contractor role, or otherwise works on behalf of a Client of THECONTINGENTPLAN. It can also be an individual that is submitted by THECONTINGENTPLAN for consideration in a direct-hire role with a Company which may or may not receive an offer of employment by the Company.
“Coach” is an independent contractor or employee of THECONTINGENTPLAN that works with Candidates on an ad hoc, ongoing, or as otherwise agreed to for services including but not limited to, career coaching, outplacement services, training, interview preparation, or any other career related services.
“Company” is an organization such as a company, business entity, trade association, founders, or other group that uses THECONTINGENTPLAN services to find Candidate(s).
“Direct Hire” is an opportunity for employment with an Employer for a specific job.
“Membership” means any month to month package that you may purchase with THECONTINGENTPLAN.
“Payment Method” is any valid, current, accepted method of payment that may be updated from time to time and which may include payment through your account with a third party.
“Project” is an assignment of any designated duration where a Candidate may render services for the Employer.
“Resume Writer” is an individual that is an independent contractor or employee of THECONTINGENTPLAN that works with Candidates to write resumes, job applications, cover letters, or LinkedIn profiles as purchased by the Candidate.
“Recruiter” is an individual or entity that is employed or otherwise engaged by THECONTINGENTPLAN to source, screen, and serve as the primary liaison between the Employer and the Candidate.
“Service” is the services provided by THECONTINGENTPLAN which includes resume writing, career coaching, outplacement services, or otherwise connecting Candidates with Employers in any way directly or indirectly.
“Temporary to Hire” is when a Company makes a Direct Hire offer to a Candidate when that Candidate has been on a Project with the Company through THECONTINGENTPLAN.
“Visitor” is an individual that uses the Site without making any purchases or otherwise registering with the Site or any partners of THECONTINGENTPLAN.
SCOPE OF AGREEMENT.
This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, whether in the capacity of a Teacher-Seller or visitor. Portions of THECONTINGENTPLAN Service are publicly available to all visitors to the site. By registering with THECONTINGENTPLAN or by using the Service in any manner – including, but not limited to, by visiting the www.thecontingentplan.com, website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to visitors, companies, and candidates.
AGREEMENT TO DEAL ELECTRONICALLY
THECONTINGENTPLAN including but not limited to the Coaches, Resume Writers, and Recruiters, may keep records of any type of communication conducted that is sent or received via the Site in any way. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. You further agree that you will execute any contracts or agreements that may be required by THECONTINGENTPLAN to perform the purchased services electronically and that your submission of any such documents with your signature or not constitute acceptance of the terms of any such agreements. You further agree that any such documents may be executed in counterparts.
NO ATTORNEY-CLIENT RELATIONSHIP
THECONTINGENTPLAN is a staffing firm and not a law firm. Use of THECONTINGENTPLAN services does not constitute an attorney-client relationship. Any use of THECONTINGENTPLAN or its services is not intended to and does not create an attorney-client relationship. Information shared with THECONTINGENTPLAN may not be held confidential. THECONTINGENTPLAN cannot be held liable for any errors or omissions by any Candidate performing services for you. All Candidates are independent contractors and responsible for maintaining their own insurance. THECONTINGENTPLAN recommends that all Company users of the Site request from the Candidate to see verification of any insurance coverage of the Candidates.
The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.
Any Memberships with THECONTINGENTPLAN shall continue month-to-month and automatically renew until terminated. To use THECONTINGENTPLAN service, you must have Internet access and provide one or more Payment Methods. You must cancel your Membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
We may offer a number of Membership Plans including special promotions or discounts through third parties. We are not responsible for any products or services provided by third parties. Some Membership plans may have differing conditions and limitations. THECONTINGENTPLAN reserves the right to change all plans or adjust any pricing of the services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. THECONTINGENTPLAN does not refund any payments or issue credits for partially used periods of any Memberships. However, THECONTINGENTPLAN may in its sole and absolute discretion elect to issue credits to any Member, Visitor, or Client in any one instance. The election to issue such credits does not obligate THECONTINGENTPLAN to provide credits in the future under any circumstances.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Unless otherwise agreed in writing and signed by both parties, THECONTINGENTPLAN grants you a limited right to view and use the Site only for the purposes of accessing information for career purposes, finding talent, or managing talent. THECONTINGENTPLAN reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. Any rights not expressly granted to you herein or otherwise expressly provided in writing and signed by an authorized representative of THECONTINGENTPLAN are reserved to the Company. No portion of this Site is targeted to children and any minor should seek consent of his or her legal guardian before using this Site. You agree not to reproduce, transmit, sell, or otherwise exploit this Site for any commercial purpose unless expressly authorized in writing by THECONTINGENTPLAN.
Companies wishing to purchase services of THECONTINGENTPLAN must provide payment in advance. Such payments will be processed by a third party payment processor and held by THECONTINGENTPLAN. No refunds will be processed unless otherwise agreed in writing by THECONTINGENTPLAN.
You agree to pay in full for all services purchased through THECONTINGENTPLAN, and agree that THECONTINGENTPLAN may charge your Payment Method for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Account. You must cancel your Membership with THECONTINGENTPLAN before it renews each month in order to avoid billing of the next month’s Membership fees to your Payment Method.
ALL MEMBERS AND VISITORS ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING THECONTINGENTPLAN WITH VALID PAYMENT METHODS FOR ALL SUCH FEES AND CHARGES.
DUTIES AND OBLIGATIONS
You agree to the following conditions when working with Coaches, Resume Writers, or Recruiters whether through the Site or otherwise:
1. You understand that all feedback, data, comments, suggestions, information, text, data, software, sounds, phone calls, messaging, audio, video, artwork, graphics, or other materials of any nature (the “Materials”) that are transmitted through the Site, to a Resume Writer, Recruiter, or Coach are the sole responsibility of the person where the Materials originated. This means that you, and not THECONTINGENTPLAN, are entirely responsible for the Materials you transmit through the Site or to any employee, agent, or contractor of the Company. You further understand that by using the Service that you may be exposed to Materials that could be offensive or objectionable.
2. You are not authorized to upload, distribute, or otherwise publish any Materials that are indecent, libelous, defamatory, threatening, abusive, harassing, racist, pornographic, infringing, or are otherwise objectionable or that could be considered to encourage a criminal offense.
3. Your Materials will not disparage THECONTINGENTPLAN, its Licensors, their products, or services, or the Sites. Your account will be deactivated immediately should such Materials be produced by you.
4. Your Materials shall not infringe the copyright, trademark, publicity/privacy rights or other intellectual property rights of any individual, entity, or association.
5. You shall not upload to the Site or otherwise transmit in any way to your Recruiter, Resume Writer, Career Coach, or other agent, employee, or contractor of THECONTINGENTPLAN any Materials that contain viruses or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or any other equipment.
When applicable, THECONTINGENTPLAN will automatically deduct the Service Fee and in certain cases, the Transaction Fee, from the sale price collected from the Company through the Service, and then will distribute the remaining amounts to Candidates through a designated payment method. Payments will be made on a schedule in accordance with the specific project as agreed to by the Candidate.
All sales are final and no refunds are available.
THECONTINGENTPLAN may in its sole discretion make certain exceptions to this policy on a case-by-case basis. If such an exception is made, THECONTINGENTPLAN may issue to the Company a refund for such purchase in any manner it deems appropriate, including without limitation in the form of a new or replacement Candidate.
In the case of Direct Hire, THECONTINGENTPLAN guarantees that it will replace a Candidate who separates from a Company within 90 days of their start dat, provided that Company has paid all fees and expenses relating to such Direct Hire. In such case, THECONTINGENTPLAN will attempt to refer a replacement candidate for the same position at no additional charge to Client. THECONTINGENTPLAN’s obligation under this agreement is limited to attempting to find a replacement candidate. No refund will be made if Client hires a replacement from any source, or if Client is no longer actively seeking to fill the position. This provision shall not apply if the candidate is laid off for lack of work, or resigns because Client has significantly modified the candidate’s job duties or assigned him or her to another position
THECONTINGENTPLAN does not guarantee the performance of any Candidate or the accuracy of information provided regarding a Candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. THECONTINGENTPLAN urges Client to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant.
THECONTINGENTPLAN will conduct background checks or other reasonable screening on candidates as requested by a Company. Requests must be in writing and must specify the scope of the background check requested. All background checks will be conducted at Company’s expense.
CONFIDENTIALITY OF REFERRALS.
All Candidate referrals made by THECONTINGENTPLAN are made on a confidential basis to a Company. Company’s agree to keep such information confidential for a period of 12 months and any subsequent hires of a Candidate for the role submitted or similar during that period shall result in an obligation of the Company to pay THECONTINGENTPLAN the agreed fees. Company shall hold THECONTINGENTPLAN harmless from any liability resulting from a Company’s unauthorized disclosure or misuse of information regarding any candidates or their candidacy.
ELECTRONIC SIGNATURES AND CONTRACTS
Your use of THECONTINGENTPLANT includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL SERVICES OR MATERIALS YOU ENTER INTO WITH THECONTINGENTPLAN, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
THECONTINGENTPLAN IS NOT A LAW FIRM OR REFERRAL SERVICE. Candidates do not pay or share any fees to work with THECONTINGENTPLAN. NOTHING IN THIS SITE SHALL BE CONSTRUED AS LEGAL ADVICE FROM THECONTINGENTPLAN. THECONTINGENTPLAN IS NOT AUTHORIZED TO PROVIDE LEGAL ADVICE.
To confirm and activate your account as a Company or Candidate, you have agreed to these Terms of Service governing the terms and use of THECONTINGENTPLAN.
NOTICES AND COMMUNICATIONS.
Digital Millennium Copyright Act [DCMA]
If you believe in good faith that any content on the Site infringes your Intellectual Property Rights (including trademarks, logos and other rights, except copyright rights, which are described above) please (a) describe in detail the Intellectual Property Rights that you believe are infringed, (b) describe in detail the particular content that you believe infringes your Intellectual Property Rights, (c) provide us your name, address, email address, and phone number, and (d) notify THECONTINGENTPLAN per the directions in the Notices and Communications Section below.
Please note that this procedure is exclusively for notifying THECONTINGENTPLAN that your Intellectual Property Rights may have been infringed. THECONTINGENTPLAN will terminate, in appropriate circumstances and within its sole discretion, members who are deemed to be infringers.
All notices to THECONTINGENTPLAN concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
THE CONTINGENT PLAN
121 N Washington Ave #400
Minneapolis MN 55401
Such notices to THECONTINGENTPLAN are deemed effective upon receipt.
This agreement will be governed by and enforced in accordance with the laws of the state of Minnesota. The parties agree that state and federal courts within Hennepin County, Minnesota shall have the exclusive jurisdiction over any litigation brought or arising out of this agreement.
You agree to indemnify and hold THECONTINGENTPLAN, its partners, affiliates, officers, agents, agents, contractors, vendors, and employees harmless from any claim or demand, including reasonable attorneys fees arising out your content or materials, your use of the Site, violation of this Agreement or any other Agreement with THECONTINGENTPLAN including any claims of copyrights, trademarks or any other legal claims that may arise out of such actions.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE, SERVICES, AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE GUARANTEE SET FORTH ABOVE, THE COMPANY GIVES NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT NEEDS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOU BEING HIRED, POSITIONS BEING FILLED, OR EMPLOYEES BEING RETAINED, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY, OR COMPENSATIONS DECISIONS THAT YOU MAKE FOR ANY REASON.
ASSUMPTION OF RISKS
YOU AGREE TO ASSUME ALL RISKS THAT THECONTINGENTPLAN, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN ANY EMAIL EXCHANGES, CHATS, SOCIAL MEDIA, OR PHONE CALLS THAT YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT THECONTINGENTPLAN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OR ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THECONTINGENTPLAN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, RECRUITERS, RESUME WRITERS, OR COACHES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO ANY DUTY) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THECONTINGENTPLAN, OR ANY OF ITS COMPANIES, AFFILIATES, AGENTS, EMPLOYEES, OR PARTNERS SHALL BE, AT THE OPTION OF THECONTINGENTPLAN, THE LESSER OF EITHER: (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO THE DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE COMPANY; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY UNLESS OTHERWISE LIMITED BY THIS AGREEMENT. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
THECONTINGENTPLAN is controlled and operated in the United States of America. THECONTINGENTPLAN makes no representation that the Service or any related information offered by THECONTINGENTPLAN are appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export any thing through this Site or the Service in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
ENTIRE AGREEMENTThese Terms, as amended, and any other written agreements between you and THECONTINGENTPLAN shall constitute the entire agreement. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. THECONTINGENTPLAN’s failure to act with respect to a breach by you or others does not waive THECONTINGENTPLAN’s right to act with respect to subsequent or similar breaches.
AMENDMENTSYou agree that THECONTINGENTPLAN may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Service in any way by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering after that date. No other amendments will be valid unless they are in a paper writing signed by THECONTINGENTPLAN and by you.
Last updated: 09/11/2018
Effective Date: 4/19/17