Terms of Service
Guild Hiring Pty Ltd (“Us” or “We”) provides the www.hirewithguild.com site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of the “Last Modified” date identified at the bottom of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
Overview of our Services:
To safeguard the integrity of the services provided by Guild Hiring Pty Ltd, we have established our terms of service for the mutual benefit of all parties involved. Violation of these terms may result in termination of your account, as it constitutes a breach of the agreement.
Guild Hiring Pty Ltd’s offerings are delineated by plan-specific weekly hour limits. Unused hours within a given week will not be transferred to subsequent weeks.
Guild Hiring Pty Ltd reserves the right, at its discretion, to modify monthly subscription rates either by increase or decrease, without prior notification, following the conclusion of the contracted period. The prices advertised may incur additional fees for bespoke solutions that exceed the scope of services typically rendered by our embedded talent.
In the event of a payment decline, the client is afforded a 48-hour period to rectify the situation. Failure to resolve the payment issue within this timeframe grants Guild Hiring Pty Ltd the authority to either terminate or suspend services until such a time when payment is made.
Any agreement or attempt thereof between a client and an embedded Guild team member that involves making payments outside the purview of Guild Hiring Pty Ltd is considered a material breach of this agreement and is subject to termination of the contract without a refund.
Term:
Each plan offered by Guild Hiring Pty Ltd constitutes a monthly agreement at the rates either advertised or stipulated in the contract. This agreement takes effect on the day your designated embedded talent commences work on your tasks. The initial term of the agreement includes a mandatory minimum commitment of 90 days, after which the agreement transitions to a month-to-month basis. The inaugural billing takes place on the date scheduled for your onboarding session with your embedded talent. Subsequent billing will be executed on or in close proximity to the first day of each month.
Requests & Tasks:
Each request for service must be submitted through phone, email, or SMS. Clients are encouraged to submit multiple requests concurrently. You will be allocated one embedded Guild team member specifically dedicated to fulfilling your tasks. Should you wish to request a change in embedded Guild team members, you may do so at any point without incurring additional costs. We will endeavor to complete this transition within a timeframe we deem reasonable, typically within 1-2 weeks, although exceptions may occur.
Should there be any concerns regarding the quality of service received, we invite you to communicate with us directly via telephone or by emailing support@hirewithguild.com
By agreeing to these terms of service, you acknowledge and consent to restrict your requests to tasks that fall within the operational scope of our business.
Ownership and Confidentiality of Work Product:
If an embedded Guild team member creates any original material for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Guild Hiring Pty Ltd grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
To clarify, you retain sole ownership of your confidential information and your intellectual property. In the event that your confidential information or intellectual property is incorporated into the Work Product, it shall be extracted prior to any utilization or disclosure of said Work Product by Guild Hiring Pty Ltd to third parties.
For the purposes of these Terms of Service, “your confidential information” is defined as non-public information that you provide to Guild Hiring Pty Ltd or an embedded Guild team member, which you reasonably anticipate Guild Hiring Pty Ltd to maintain in confidence. This includes personal information (e.g., your name, your social security number, your credit card information, and similar data), but does not encompass information that (1) is or becomes publicly known through no wrongful act of Guild Hiring Pty Ltd or an embedded Landed team member; (2) was in the possession of Guild Hiring Pty Ltd or an embedded Landed team member on a non-confidential basis before being disclosed by you; (3) is developed independently by Guild Hiring Pty Ltd or an embedded Guild team member without the use of your confidential information; or (4) Guild Hiring Pty Ltd is compelled to disclose due to a legal obligation or in order to protect its rights or properties, or those of embedded Guild team members or other clients.
“Your intellectual property,” as referred to in these Terms of Service, includes patents, trademarks, and copyrights that you own, along with any insights, knowledge, and ideas you provide in relation to the creation of the Work Product.
Guarantee & Warranty:
Guild Hiring Pty Ltd provides no warranty regarding the accuracy, reliability, or completeness of any information, tasks, or projects completed by your embedded Guild team member. While we commit to exerting our utmost effort to deliver the most precise and efficacious information possible, and firmly believe that our embedded Guild team members excel in this aspect above all others, we must clarify that Guild Hiring Pty Ltd cannot be held legally liable for any inaccuracies, errors, or deficiencies in the information or results provided. In the event that the information or outcomes supplied are found to be incorrect, although we will express our sincere regret, we must assert that Guild Hiring Pty Ltd, and by extension its embedded Guild team members, cannot be held accountable in a legal capacity for such discrepancies or their consequential impacts.
Early Cancellation:
Cancellation subsequent to the execution of a credit card authorization form, yet prior to the initiation call (defined as the commencement of Guild Hiring Pty Ltd’s services), constitutes what is referred to as an “early cancellation”. An early cancellation incurs a fee of $2,500 for each approved role. This fee shall be levied against the credit card registered on file.
Termination of Service:
Guild Hiring Pty Ltd reserves the unequivocal right to terminate the provision of services to any client at its discretion, for any reason. In the event of such termination, Guild Hiring Pty Ltd will issue a prorated refund based on the standard monthly rate for any prepaid period of service. This measure, albeit rare and undertaken under significant duress, may be necessitated by several factors, including but not limited to:
Persistent requests by the client for tasks beyond the agreed scope of their service plan, where a resolution cannot be achieved by reducing the demands.
Abusive behavior by the client towards their embedded Landed team member or any other individual within Guild Hiring Pty Ltd
Requests from the client for the completion of tasks that are illegal or deemed unethical.
Clients wishing to discontinue services must provide Guild Hiring Pty Ltd with 30 days’ notice.
Guild Hiring Pty Ltd Terms of Service include a Non-solicitation Provision, acknowledging the substantial investments Guild Hiring Pty Ltd makes in recruiting, training, and pairing skilled talent with its members. Guild Hiring Pty Ltd has a vested interest in securing a reasonable return on these investments. The talent are bound by agreements that prohibit accepting direct engagements with a Guild Hiring Pty Ltd member they have been assigned to without prior written consent from Guild Hiring Pty Ltd
Therefore, for the duration of my membership and for a period of twenty-four (24) months following the conclusion of my association with Guild Hiring Pty Ltd, for any reason, I commit not to solicit, directly or indirectly, any Guild Hiring Pty Ltd talent assigned to me at the time or within six months prior to the end of my relationship with Guild Hiring Pty Ltd, to leave their position with Guild Hiring Pty Ltd for any direct or indirect engagement with me. This prohibition also extends to referrals, friends, family, or acquaintances of Guild Hiring Pty Ltd talent.
Should my solicitation play a significant role in a talent’s decision to leave Guild Hiring Pty Ltd for direct or indirect engagement with me without Guild Hiring Pty Ltd consent, I agree to compensate Guild Hiring Pty Ltd with liquidated damages. These are calculated to offset the loss of Guild Hiring Pty Ltd’s investments rather than to function as a penalty, in the amount equivalent to two years’ worth of my monthly Guild Hiring Pty Ltd subscription fee at the rate in effect at the latest assignment of the assistant by Guild Hiring Pty Ltd.
Data Rights and Protection:
Guild Hiring Pty Ltd prioritizes the privacy and data protection of our clients above all else. In recognition of the dynamic nature of regulatory standards, we are committed to staying at the forefront of compliance efforts. Should a client choose to terminate their relationship with Guild Hiring Pty Ltd, they possess the right to request the complete deletion of their personal data from our records.
To ensure our operations are both ethical and compliant with both international and domestic legal standards, we have instituted the following policies:
Obtaining Consent:
Our Terms of Service are crafted for clarity and simplicity, enabling our esteemed clients to grant or withdraw their consent with ease.
Data Portability:
We empower our clients with control over their data. Clients may request their data in an electronic report from Guild Hiring Pty Ltd, facilitating the reuse of their information in external environments.
Privacy by Design:
Guild Hiring Pty Ltd maintains a comprehensive overview of our data collection processes and the entities that have access to this data. Our systems are deliberately engineered to uphold customer privacy, with ongoing efforts to refine and enhance these protections in anticipation of future needs.
Employee Benefits:
Guild Hiring Pty Ltd acknowledges its sole responsibility for providing embedded team members with employee benefits, excluding any spot or performance bonuses. Neither Guild Hiring Pty Ltd nor our embedded talent shall be eligible for any Client-provided employee benefits programs.
Should eligibility for participation in any Client-sponsored benefit program inadvertently arise, Guild Hiring Pty Ltd, on behalf of itself and all embedded talent, expressly renounces any such entitlement.
Last modified: September 20th, 2024
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