HIREBOX™: TERMS AND CONDITIONS OF USE
JOB-BASED EVALUATION AND TESTING SERVICES
IMPORTANT: READ CAREFULLY.
1.1 “Client Information” refers to information collected via the Services by or from Client, including without limitation information provided by Candidates.
1.2 “Free Trial” refers to no-charge use of the Services.
1.3 “Services” refer to the HIREBOX products, services and software accessed by means of the HIREBOX testing Platform.
1.4 “Candidate” means an individual who accesses the HIREBOX software and inputs any information in response to any software prompt.
1.5 “GDPR” means General Data Protection Regulations.
2.1 Nature of services. HIREBOX provides a license of utilization to CLIENT for the use of the HIREBOX software which contains various assessments made. CLIENT understands that HIREBOX does NOT deliver testing services but rather a license of software usage. CLIENT is responsible for the proper usage of any assessment offered by the HIREBOX testing platform. All services related to the HIREBOX testing platform are thus limited to the usage of the system. HIREBOX provides support, advice and technical tips to CLIENT in order to help CLIENT make a proper usage of the software.
2.2 Free Trials. There are no fees associated with a Free Trial and the Free Trial will end maximum 2 weeks after Client orders the Services. Client may utilize the Services to assess up to ten (10) Candidates. You have no payment obligations under the Free Trial. Either party may terminate a Free Trial at any time and for any reason. Client is limited to one (1) Free Trial.
2.3 Fees. When Client orders the Services, other than a Free Trial, Client will pay a Services fee as described in the “My account” page of the HIREBOX testing platform. We reserve the right to change prices without notice. In case of ant price change, we may, but are not required to “grandfather” your pricing for one year.
- LIMITATIONS TO THE USE OF TESTING INFORMATION
3.1 Limitation of use. Any test/assessment from the HIREBOX testing platform has the sole purpose of evaluating a person’s potential against a specific job, in a specific work environment. It helps the employer undertake a matching analysis or compatibility check between required job qualifications and the evaluated person’s professional experience, skills and motivations.
No test from the HIREBOX testing platform can be used as a judgment tool; it should be exclusively used as part of a complete selection or evaluation procedure, including a formal interview, a thorough technical skills analysis and a background check – or a full performance review, in respect of applicable national laws.
3.2 Use of formal procedure. Never use any test from HIREBOX to judge a person, but rather to know and understand him/her better. Consider any test from HIREBOX as a powerful companion to your overall selection and/or evaluation procedure. It will help you confirm what you might have observed during an interview and/or challenge what you might not have seen.
The purpose of our tools on the HIREBOX testing platform is to evaluate a candidate’s or employee’s potential against a specific job, in a specific work environment. It helps you do a «matching analysis» or «compatibility check» between required job-based soft skills qualifications and the candidate’s or employee’s professional experience, skills and motivations.
3.3 Understanding low traits. Some traits in any test from HIREBOX may present very low scores – a potential indicator that the evaluated person has recently gone through some serious difficulties or bad experience, at work or in life. Please ensure that you thoroughly read and understand the comments provided in this profile report, specifically related to these very low traits. As a matter of facts, a major failure, loss, disappointment, etc… could temporarily “collapse” one’s personality and behavior characteristics. Any of our tests will provide such comments when we believe it might be applicable.
The provided information in any test from HIREBOX does not necessarily represent a complete “picture” of the evaluated person. In case of doubt you can contact the quality control department of your test provider.
3.4 Rights of testees. Per applicable laws related to privacy (specifically per the E.E.O.A. – Equal Employment Opportunity Act and per GDPR – General Data Protection Regulations), no candidate or employee can be forced to fill a productivity or personality test for selection purposes. Also, anyone filling a test for selection purposes has a right to have access to the provided information. CLIENT thus agrees to comply with all applicable laws regarding privacy, non-discrimination regulations as well as protection of personal data, regarding the use of the HIREBOX platform in relation to applicants and/or evaluated existing staff.
- CLIENT DUTIES AND ACKNOWLEDGEMENTS.
4.1 Services Content. Except for allowing Candidates to access the Services, Client shall not disclose the contents of the Services to any third party.
4.2 Access to the HIREBOX platform. Client shall use its best efforts to prevent unauthorized access to the HIREBOX platform. Client shall immediately notify HIREBOX of any known or suspected unauthorized use of the HIREBOX platform.
4.3 Use of the HIREBOX platform. Client agrees to use the HIREBOX platform exclusively in conjunction with evaluating Candidates or employees for jobs within its organization and for no other purpose.
4.4 Ownership of the HIREBOX platform. Client acknowledges and agrees that the HIREBOX platform and all its content are the intellectual property of HIREBOX and Client does not acquire any rights therein.
4.5 Payment for license. You warrant that the information You provide in connection with purchasing the license for the HIREBOX platform is accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment method used in connection with purchasing the license at the prices in effect when such charges are incurred. You will be responsible for all reasonable expenses (including attorneys’ fees and costs) incurred by HIREBOX in collecting past due amounts.
4.6 Indemnification. Client shall defend, indemnify, and hold harmless HIREBOX from any third-party claim arising out or related to Client’s use of HIREBOX platform and its content.
- USE OF OUR HIREBOX TESTING PLATFORM AND ITS WEB-BASED SOFTWARE
5.1 Compliance with applicable laws. You agree to conduct your business and your business of personnel evaluation and testing services, including provision of the results of testing through the use of any test from HIREBOX to applicants or employees, in a manner consistent and in compliance with the laws and regulations of your jurisdiction and each jurisdiction in which such personnel evaluation and testing services will be promoted, offered and/or provided to applicants. You thus agree to limit use to business-related testing for job skills and other personal qualities necessary to qualify for employment. You also agree to limit the use of your test provider to providing information about hiring and managing employees in a non-discriminatory manner and in a manner that respects the private aspects of prospects’ and employees’ lives unrelated to qualifications and competency on the job. This includes, but is not limited to, (1) your allowing any test taker – and notifying such person in advance that he or she has the right – to decline to answer on the grounds of personal privacy any question posed to him or her on your test provider’s accompanying tests and (2) your refraining from utilizing such action by a test taker adversely in any screening, hiring, management, or administrative decision.
5.2 Limitations of prediction. You understand and agree that any test score obtained with any test from HIREBOX cannot predict the future success or failure of an individual as an employee and will communicate this in writing to your applicants. You agree to (1) confirm that any test score obtained with any test from HIREBOX cannot by itself predict the future success or failure of an individual as an employee; and (2) perform a full interview, reference check and background check process to the extent allowed by applicable law in addition to testing their applicants and employees for employment or advancement utilizing the with any test from HIREBOX. You thus agree to perform a full interview, reference check and background check process to the extent allowed by applicable law in addition to testing your own business’s applicants and employees for employment or advancement utilizing any test from HIREBOX.
5.3 Applicants’ waivers and agreements. You agree that you will require each applicant by written agreement to obtain advance written or electronic acknowledgment, agreement, and/or consent as appropriate for its applicable jurisdiction(s) (written or electronic consent) from each person to be tested with the aid of any test from HIREBOX and that such written or electronic consent shall (1) accurately confirm that the administration of such testing and any other hiring process is to enable the client to determine whether the person possesses the skills and other personal qualities necessary to qualify for the position at issue and (2) release you as THE CLIENT, HIREBOX, LLC., officers, stock holders, employees, representatives, agents, licensees, licensors, subsidiaries, parent corporations, associated testing services and any and all other related individuals, corporations, partnerships and organizations from any and all claims, demands, suits and/or liabilities – including but not limited to claims based on any rights of privacy – arising from or in any way related to such testing and interview processes.
5.4 Indemnification. You agree, as a written condition of receipt of your personnel evaluation and testing services, to implement a waiver in compliance with applicable laws in conjunction with employment screening, testing, hiring, managerial, and administrative processes utilizing any test from HIREBOX. You also agree to obtain such written consent for each person to be tested for your own business, implementing a form of waiver in compliance with applicable laws in conjunction with your business’s employment screening, testing, hiring, managerial, and administrative processes utilizing any test from HIREBOX.
In the event any claim arising in whole or in part from your use of all or any portion of any test from HIREBOX and/or from the use by any third party of all or any portion of any test from HIREBOX obtained from you (Client claim) is threatened and/or brought against HIREBOX, LLC. and/or any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates, you agree to indemnify HIREBOX, LLC. or affiliated parties for all attorney fees, any and all other costs and expenses of defense, and all liability incurred by such party or parties in connection with such Client claim.
5.5 Use of the “additional companies” function. The use of “additional companies” as part of one HIREBOX testing platform license is limited to ten (10) entities, meaning that you are allowed to use the HIREBOX testing platform for the registered company PLUS an additional ten companies or branches. Should you desire to add more “companies” as part of the same subscription, you will need to purchase additional subscriptions – one license being valid for a maximum of ten additional companies or entities related to the registered entity. If you are or represent a consulting company or staffing agency or any type of consulting/coaching activity, you will also need to purchase a yearly license for every ten additional companies/entities using the testing platform under your license. NOTE: this “additional companies” optional function is ONLY valid for yearly licenses.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIREBOX, LLC. AND/OR ANY OTHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF ANY HIREBOX ASSESSMENT OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HIREBOX, LLC. AND/OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HIREBOX, LLC. AND/OR ANY OTHER PARTY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR $50.00 USD, WHICHEVER IS GREATER.
- HIREBOX DUTIES.
7.1 License Grant. Subject to the terms and conditions of this Agreement, HIREBOX hereby grants You a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the HIREBOX platform. HIREBOX reserves all rights not expressly granted herein in the HIREBOX license.
7.2 Protection of/Access to Client Information. HIREBOX shall use commercially reasonable measures to protect Client Information from disclosure to any third party. However, HIREBOX cannot guarantee that any unauthorized third parties will never be able to defeat HIREBOX security measures or use Client Information for improper purposes. Notwithstanding anything to the contrary herein, HIREBOX will release Client Information in response to a governmental or judicial order.
Moreover, HIREBOX shall use commercially reasonable efforts to retain all Client Information. Notwithstanding, HIREBOX shall have no liability for erased or otherwise lost Client Information and HIREBOX may permanently erase and/or restrict Client’s access to Client Information if Client’s account is past due, suspended, or terminated.
7.3 Maintenance. HIREBOX shall utilize reasonable efforts to schedule maintenance for the HIREBOX services during non-business hours. HIREBOX shall notify Customer of any required maintenance at least one (1) day in advance, except in those cases when it is not possible to do so.
- TERM AND TERMINATION.
8.1 Term. The term of this Agreement (“Term”) shall commence on the date Client orders the license and continue until the date specified on the order. Any Term will automatically renew unless a party provides notice to the other party if its intent not to renew at least five (5) days prior to the end of the then-current Term.
8.2 Termination. This Agreement may be terminated by either party if the other party commits a material breach and such breach is not cured within fifteen (15) days of the breaching party’s receipt of notice of the breach.
- REGULATIONS PERTAINING TO ACQUISITION, USE & DISPOSAL OF DATA – COMPLIANCE WITH GDPR
9.1 GDPR. HIREBOX being an international company, we seek to comply with all applicable US laws and regulations and additionally, we seek to comply with GDPR (General Data Protection Regulations). In accordance to GDPR, we protect all data provided by CLIENT in the rendering of testing services.
9.2 Access of personal data. HIREBOX shall have access to CLIENT’s data regarding CLIENT’s applicants or employees, as part of the testing process. Such data may include first and last name and e-mail address. No other personal data shall be acquired by HIREBOX in the context of testing process. CLIENT recognizes that all data pertaining to testing its applicants and employees shall be provided to HIREBOX for the exclusive purpose of delivering information per our testing license agreement and for no other purpose.
9.3 Storage of data. HIREBOX shall thus obtain candidates and/or employees first and last names as well as e-mail address for the exclusive use of the rendering of our testing process and shall store such data temporarily on the testing platform – CLIENT’s account and HIREBOX’s general platform.
9.4 Limitations of use & storage. Additionally, HIREBOX shall store on its own platform all data pertaining to CLIENT’s applicants or employees test results for the exclusive purpose of providing CLIENT the test results. CLIENT is informed that HIREBOX will store acquired data under the following conditions and limitations:
- ENCRYPTION: HIREBOX encrypts ALL data pertaining to CLIENT as well as to CLIENT’S applicants and/or employees, in order to minimize the liability related to the abusive use of such data – such as stealing/hacking the data by a third party.
- STORAGE: HIREBOX does NOT retain/keep the personal data related to any test – such as name or email address more than two (2) years, for the exclusive purpose of helping CLIENT to retrieve, if needed, specific information. HIREBOX systematically erases every personal information attached to all test results stored for two years and keeps ONLY non-nominative test results – for the sole purposes of statistics.
- LIMITATION OF USE OF DATA: All personal data provided to HIREBOX by CLIENT (first and last name, email address) are thus erased, two years after the test results have been provided by client. HIREBOX will then keep the test results ONLY with a unique code allocated to each specific test, for statistics purposes only. It is thus CLIENT’s responsibility to maintain a proper management of data that allow CLIENT to relate a specific test result to the proper applicant or employee.
- SHARING OF DATA: Test results are stored by HIREBOX on CLIENT’s testing platform account exclusively, as well as in a HIREBOX backup cloud file (encrypted and secured) for a maximum of 2 years. NO DATA pertaining to CLIENT or to CLIENT’s applicants and/or employees are shared by HIREBOX with any third party at any time. All activity logs stored by HIREBOX are discarded every 6 months and NOT kept in any form of storage.
9.4. Use of applicants’ data. HIREBOX does not use any data provided by CLIENT for any other purpose as the ones stated above. All information related to applicants and/or employees that contains names and email addresses is discarded two years after we have rendered the test results through the testing platform.
9.5 Use of CLIENT data. We store data related to You, your executives or employees who have access to the HIREBOX testing platform (and who are considered as platform administrator or users) exclusively for allowing us to be in contact with you or any concerned person. We do not sell, give or rent your personal information under any circumstance. However, we may use the data to contact you, to promote our services and/or to follow up with you on any test results for which you have asked assistance or feedback.
9.6 Access to CLIENT platform. HIREBOX provides CLIENT access to our testing platform under the conditions stated in this license agreement. CLIENT grants HIREBOX access to CLIENT platform account for the exclusive purpose of repairing, debugging, cleaning, improving or ding providing information to CLIENT. When HIREBOX accesses CLIENT’s account, no data shall be used, obtained, transferred or changed without CLIENT’s consent.
10.1 Independent Contractor. The parties are independent contractors. Neither party is the agent of the other and may not bind or represent the other in any way.
10.2 Notices. HIREBOX may send notices pursuant to this Agreement to Client’s email address and such notices will be deemed received forty-eight (48) hours after sent. Client may send notices pursuant to this Agreement to HIREBOX General Counsel at [email protected] and such notices will be deemed received forty-eight (48) hours after sent.
10.3 Force Majeure Events. The performance of this Agreement by either party is subject to Acts of God, war, terrorist attacks, weather, earthquake, other natural disasters, labor unrest, failure of the Internet, or other forces beyond the performing party’s reasonable control. No delay or failure to perform will constitute a breach of this Agreement if it is due to a Force Majeure Event. The time for performance shall be extended for a period equal to the duration of the Force Majeure Event. Each party shall use reasonable efforts to minimize the delays, notify the other party promptly, and inform the other party of its plans to resume performance.
10.4 Currency. All payments shall be paid in U.S. dollars.
10.5 Assignment. Client may not assign this Agreement without HIREBOX written consent. Except as set forth in the preceding sentence, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
10.6 Cancellation of previous agreements. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof, and it supersedes all prior agreements or understandings regarding its subject matter. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. Any modification or waiver to this Agreement must be in writing and signed by both parties.
10.7 Jurisdiction. This Agreement shall bind and inure to the benefit of the parties and their successors and assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.
These conditions of use and Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of laws principles. Any dispute under this Agreement shall be litigated exclusively in this state or federal courts in Pinellas County.
End of HIREBOX license agreement form