These Terms of Service - Employers (“Terms”) apply to the website at www.hatch.team, and our related social media sites (collectively, the “Site”) operated by Hatch Technology Services Inc. (“Hatch” “us,” “we,” or “our”) and the services that we make available to employers (“Employers”) available through the Site (the “Services”).
The Services are available to users who are at least 18 years of age. By accessing and using the Site and Services, you represent and warrant that (a) all information you submit is truthful and accurate, (b) you will maintain the accuracy of such information and (c) your use of the Site and Services will comply with and does not violate any applicable law, regulation, order or guideline. Further, if you are accessing and using the services on behalf of any person or entity, then you represent and warrant that you have the capacity and authorize to enter into these Terms on behalf of such person or entity and that these terms are legally binding on such person or entity.
1. Hatch’s Services.
Hatch will provide the following Services:
understanding the requirements of each role (“Role”) Employer is endeavoring to fill based on the information Employer provides to us;
producing a tailored application (“Application”) experience for Employer to publish, allowing persons seeking employment (“Candidates”) to apply to the Role through the Site;
providing a profile (“Profile”) of each Candidate that applies to a Role through the Hatch site for review by Employer;
in some instances assess and provide recommendations to Employer of Candidate Profiles;
in some instances assess and provide a shortlist (“Shortlist”) of Candidate Profiles to Employer that may be a match (“Match”) for a Role based on our proprietary methodology;
Hatch is not responsible for the volume and quality of applications received for any Role. Hatch may, at its discretion, remove a Role from an Employer’s account after 180 days from the date of creation or after the Role is filled.
2. Employer’s Responsibilities.
Employers are responsible for the following:
providing information to inform the requirements for any Role for which Employer wishes to receive Candidate Applications and review Candidate Profiles, or receive Matches or a Shortlist;
selecting which Candidates that Employer wishes to interview, conducting the interviews, making offers of employment and/or engagement and communicating to unsuccessful Candidates that they were not successful;
conducting all other aspects of the hiring process in compliance with all applicable laws and regulations including verifying each Candidate’s qualifications and experience, verifying the eligibility of Candidates to accept employment, conducting any background checks it deems necessary;
informing us of which Candidate(s) were interviewed, which Candidate(s) were offered employment, and which Candidate(s) accepted a Role; and
not disclosing any information that we provide to Employer (either in writing our verbally) about any Candidate to any third party.
3. Hatch’s Fees.
All Services are currently provided free of charge.
Hatch reserves the right to impose changes for some or all of the Services, which shall be posted on the Site.
4. Privacy and Confidentiality.
In using our Services, Employers will be provided with, and will have access to, personally identifiable information (“Personal Information”) about Candidates. Employer will at all times comply with all applicable laws and regulations regarding all Person Information that you are provided or have access to.
Without limiting the above, Employer acknowledges and agrees that Candidates may have the right to withdraw their consent to the use of their personal identifiable information at any time and we reserve the right to remove such Personal Information from your account.
Hatch will refrain from:
disclosing any confidential information received from you;
using, copying or disclosing your confidential information other than for the purposes of performing the Services; and
requiring Candidate to divulge any information in relation to any matters on which Candidate may have obtained from Employer.
5. Intellectual Property and Posted Content.
Subject to these Terms, we grant Employer a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site and the applicable Services. All rights not expressly granted to you hereunder remain the sole property of Hatch.
Hatch owns all intellectual property associated with or relating to the Services, the Site, our platform and all materials (including all content, design, logos) developed in connection with the Services (collectively, “Intellectual Property”).
You may not modify any information or materials located on the Site in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on the Site is the property of Hatch and is protected by U.S. and international copyright laws, treaties and conventions. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Employer may not use any Intellectual Property for any purpose other than as is required for use of the Services in accordance with these Terms.
Employer will own any original content that it posts (“Posted Content”) with the Services.
So that Hatch may provide the Services, Employer:
grants Hatch an unconditional royalty free license and right to use, display, copy, modify, adapt, reproduce, commercialize, prepare derivative works, display and publish all intellectual property that forms all or part of the Posted Content;
consents to Hatch displaying Employer’s name and/or logo our platform in the context of the Services; and
agrees to indemnify and hold Hatch harmless from any claims arising from Employer’s Posted Content, including without limitation, any breach of intellectual property rights of any third party.
Hatch reserves the right to monitor all uses of the Site and the Services and to remove any submissions of Employer for any reason, in its sole discretion at any time without notice.
7. Disclaimer and Limitations on Liability.
EMPLOYER’S USE OF THE SITE AND CONTENT IS AT ITS OWN RISK. ALL SERVICES AND ALL MATERIALS ARE PROVIDED EXCLUSIVELY ON AN AS-IS BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HATCH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN NO EVENT SHALL HATCH BE LIABLE TO EMPLOYER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, EMPLOYER AGREES THAT HATCH’S AGGREGATE LIABILITY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, EMPLOYER AGREES THAT ITS SOLE REMEDY IS TO CEASE USING THE SITE AND THE SERVICES.
In no event shall Hatch be liable for any claims, losses or damages arising directly or indirectly from (a) the recruitment, selection or hiring of any Candidate, (b) any failure of any Candidate to make a Shortlist or be Recommended, (c) any failure to hire any Candidate, (d) any interactions between any Candidate and Employer (d) any failure of any Candidate to accept any offer of employment, or (e) any Candidate exercising its rights with respect to its Personal Information.
Transmissions over the internet and communications networks are not in Hatch’s control and can never be completely secure. Accordingly, Hatch cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data, content, or other information transmitted in connection with use of the Site, including information Employer provides to Hatch or the Site.
Hatch assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, any computer, telecommunication equipment, or other property caused by or arising from access to, use of, or browsing the Site or downloading of any materials or content, from the Site.
The hiring decision rests with Employer and Hatch does not provide any replacement guarantees for the Services.
Because any successful Candidate will work under Employer’s sole direction, control and supervision:
Hatch makes no representation or guarantee that any Candidate will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal; and
Hatch will not be liable to Employer for, and Employer will hold Hatch harmless from and against any claims, damages, losses or injuries however caused whether directly or indirectly, by any act or omission of one or more successful Candidates while they are working under Employer’s control, supervision or direction including, but not limited to, as a result of any successful Candidate’s negligence.
Without limiting the above, Hatch will not be liable for any claims, damages, losses or injuries arising directly or indirectly from the misconduct or dishonesty of any Candidate or any failure by any successful Candidate to perform work with due care and skill.
8. Accounts and Prohibited Activities.
In order to access and use the Services, Employer will need to register and create a username and password with Hatch or register with your third party account (e.g. Google Account).
If you create an account on the Site, you must provide full and accurate information for such registration and account. You are responsible for maintaining the security of your account and your passwords; and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information.
You must immediately notify Hatch at email@example.com of any unauthorized access or use of your account or any other breaches of security. Hatch 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.
You may change your password by following the instructions displayed on the log-in page.
You shall not use the Site or Services to post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if Hatch reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Site and termination of your access and use of the Services. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
In addition to the foregoing, you may not post or transmit in connection with the Site any material that:
you do not have the right to send, including proprietary material of any third party;
would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
advocates illegal activity or discusses an intent to commit an illegal act;
is abusive, vulgar, obscene, pornographic, or indecent;
does not pertain directly to the Site or the Services;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
includes MP3 format files;
amounts to a “pyramid” or similar scheme;
disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site;
contains hyper-links to other sites that contain content that falls within the descriptions set forth above;
engages in deep-linking, in-line linking, mirroring or framing of any content of the Site without our prior express, written permission;
engages in systematic retrieval of data or other content from the Site or any of its content to create or compile, directly or indirectly, a collection, compilation, or directory without our written permission by use of scrapers or other tools;
violates the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
takes any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
uses the Site to engage in activities that violate any terms or conditions of any other network access provider or internet service provider; or
engages in any other activity deemed by us to be in conflict with the spirit or intent of these Terms.
9. General Terms.
Hatch’s obligations are limited to providing Services through its technology platform. Hatch does not act on Employer’s behalf in the recruitment and selection for any Role and does not make offers of employment to any Candidate.
Hatch may suspend or terminate any Employer’s use of the Services and the Site at any time, for any reason or for no reason. Hatch reserve the right to change, suspend, or discontinue all or any aspect of the Services and the Site at any time without notice. All provisions of the Terms which, by their nature, should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
If Employer decides to employ any Candidate based on the Services, then any engagement will be directly between Employer and the successful Candidate. Hatch will not employ or otherwise engage any successful Candidate on Employer’s behalf.
Nothing in these Terms will be deemed to create a partnership, joint venture, or relationship of agent between or among Hatch, Employer and/or Candidate.
These Terms contains the complete and entire understanding between Hatch and Employer regarding access to and use of the Services and the Site. These Terms supersedes all prior agreements between Hatch and Employer regarding your access to and use of the Services and the Site.
Hatch may modify or replace these Terms at any time by placing revised Terms of Service on this page. We will notify you of changes to any material terms of these Terms by placing a notice at the top of these Terms. By continuing to access or use the Site and/or Services after any revisions become effective, Employer agrees to be bound by the revised Terms. If Employer does not agree to the new Terms, then Employer will no longer be authorized to access and use the Site and the Services.
Employer may not assign or transfer any of its rights or obligations under these Terms. Hatch may assign its rights and obligations under these Terms to any third party in connection with a merger or sale of all or substantially all its assets.
These Terms are governed by Delaware law without regard to conflicts of law principles. The exclusive jurisdiction and venue for disputes under or relating to the Agreement are the federal and state courts located in the Borough of Manhattan, New York Each of Employer and Hatch consent to jurisdiction and venue in such courts.
Hatch respects the intellectual property rights of others. If you believe that any content appearing on the Site has copied your work in a way that constitutes copyright infringement, please provide Hatch’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Hatch’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Hatch’s Copyright Agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Hatch’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
One Montgomery Street, Suite 3000
San Francisco, CA 94104
Email - firstname.lastname@example.org
Detail of what an effective Notification of Alleged Infringement must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.
If you elect to submit a Counter-Notification, please send Hatch’s registered Copyright Agent a Counter Notification at the email or mailing address below:
One Montgomery Street, Suite 3000
San Francisco, CA 94104
Email - email@example.com
Detail of what an effective Counter-Notification must include is available at the U.S. Copyright Office Website at http://www.copyright.gov.
When you visit the Site, send us emails, sign up for an account, interact with our social media accounts or marketing communications, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send emails to you for the purpose of advising you of changes or additions to the Site, about any of our Services, or for such other purposes as we deem appropriate.
If you do not understand any of the Terms or if you have any questions or comments, Hatch invites you to contact its Customer Service Department at firstname.lastname@example.org