These TERMS and CONDITIONS are effective as of 7/21/2018.
Welcome to the TERMS and CONDITIONS for Monikl. This is an agreement (“Agreement”) between Monikl, Inc. (“Monikl"), a Delaware corporation, the owner and operator of Monikl.com and the applications known as Monikl, the website, mobile app, developer platforms, or other services of Monikl (collectively and individually, the “Site(s)”) and the Monikl recruiting and payroll processing service (collectively the “Service” which includes the “Sites”), and you.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MONIKL; (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT; AND YOU HAVE DISCLOSED TO MONIKL IN WRITING, IN ADVANCE OR IMMEDIATELY FOLLOWING YOUR ENGAGEMENT WITH SUCH PARTIES, THE NAME OF EACH AND EVERY COMPANY, AGENCY OR INDIVIDUAL WITH WHOM YOU ARE ASSOCIATING, EITHER AS AN EMPLOYEE, CONTRACTOR, CONSULTANT OR OTHERWISE, FOR THE PURPOSES OF RECRUITING PROSPECTIVE EMPLOYEES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE. THE SITE AND SERVICE ARE INTENDED FOR ADULTS ONLY. THE SITE AND SERVICE ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 18.
Throughout this document, the words “Monikl,” “us,” “we,” and “our,” refer to our company, Monikl, Inc., our Site or our Service, as is appropriate in the context of the use of the words. The term “Prospective Employee” will refer to users of our Service who are seeking employment and/or contractor, gig or temporary opportunities through Monikl. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Prospective Employees through the use of our Service. The term “You” refers to the individual, company or legal entity, as applicable, identified as the user when you register on the Site, either as or on behalf of a Prospective Employee or Employer. The term “User” refers to anyone using our Service.
Throughout this document the words Document and Documents refers to any posting, resume, company profile information, photo, or other information uploaded to the Service.
Users that are "Prospective Employees" are anyone accessing the Service to search for employment of any type, in any capacity (also referred to as “Job Seekers”).
Prospective Employees using the Service to register for job alerts, upload your resume, or otherwise search for or apply for jobs, are sometimes referred to as a "Job Seeker."
If you use the Monikl’s Payroll Employee Service (MPES) to make benefits elections for yourself or your dependents or to otherwise manage your benefits, or to access and/or submit human resource-related information, you are an "Employee."
If you use the Service to access and/or submit information during the new hire onboarding process, you are a "Prospective Employee" (also sometimes referred to as, a "New Hire")
An “Employment Offer” refers to any time a Prospective Employee is offered employment of any type or duration during or within twelve (12) months with an Employer who was identified by the Prospective Employee through the use of our Site or Service, or from an Employer who identified you through the use of our Site or Service. This applies regardless of whether the Employment Offer is for fulltime or part time work, whether as a temporary, gig or contract worker, or a direct hire, or whether for an indefinite or fixed term.
The date on which a Prospective Employee commences work under an Employment Offer is the “Start Date”.
Monikl’s Payroll Employee Service (MPES). We offer Employers the option of using Monikl’s Payroll Employee Service for short or long-term Prospective Employees (such as temporary or gig workers, contractors, and temp-to-direct hire employees) and provide these Prospective Employees their paychecks, while providing to the Employer and paying for all mandatory tax burdens (city, state, and federal taxes); all mandatory insurances, such as workers compensation and professional liability. In addition, MPES offers Prospective Employees ACA compliant health benefits and Employers other optional benefits for their Prospective Employees.
Success Fee refers to any time a Prospective Employee is hired directly by an Employer. Please see the Section labelled Success Fee below.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY MONIKL IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, (“Users”). Monikl may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS AND CONDITIONS.
You agree to keep all information gained from using our Site confidential; you agree that (1) you will use any content submitted by Prospective Employees in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities of any Prospective Employees outside of your recruiting or hiring department except to us; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly or privately disclose or disseminate any job offers which you become aware of through our Site or Service.
Our Service may allow you to upload photos, resumes, and other information and may allow you to message or communicate with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.
By accepting these TERMS and CONDITIONS to use Monikl’s Site and Service, you have limited, non-transferable, non-exclusive, license to access and use the Site and Service. We reserve the right, in our sole discretion and without notice to you, to revise the products and Service available, and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST MONIKL TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MONIKL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
You may use the Service only if:
If you use Monikl on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
The Service is intended for individuals seeking employment and for employers seeking candidates for employment. You may use the Service only for lawful purposes within the stated context of Monikl's intended and acceptable use of the Service. Monikl is the sole interpreter of the Sites' intended and acceptable use.
Protect your password. Your Monikl account and any related Services accessed through such account are to be accessed and used solely by you. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Upon your successful registration for a Monikl account, you may not provide your password or otherwise permit access to your Monikl account to any third party. You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Service. You agree to notify Monikl immediately of any unauthorized use of your account or password.
You may not delete or revise any Documents posted by any other User, Employer, Prospective Employee, person or entity.
You may NOT use Monikl’s Service in any manner or for any purpose other than that which is expected (i.e., to apply for the job, to post a position or profile, to communicate with a prospective Employer or a Prospective Employee or to use Monikl’s Payroll Employee Service. Communications soliciting an Employer's business are prohibited.
You may not:
Prospective Employee Or Job Seekers Use Of Monikl Is Free
Monikl hereby grants Prospective Employees a limited, terminable, non-exclusive right to access and use the Sites only for your personal use for seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Monikl reserves the right to suspend or terminate your use of the Sites for any reason at any time, in its sole discretion.
IF YOU ARE A PROSPECTIVE EMPLOYEE WHO IS USING OUR SITE AND/OR SERVICE, YOU AGREE THAT YOU WILL NOTIFY MONIKL IF YOU ACCEPT OR ARE OFFERED ANY EMPLOYMENT OFFER FROM AN EMPLOYER WHO FOUND YOU ON MONIKL. THIS INCLUDES ANY OFFER OF EMPLOYMENT WHETHER FOR AN INDEFINITE, TEMPORARY OR FIXED TERM, WHETHER AS AN EMPLOYEE, INTERN, GIG, INDEPENDENT OR W2 CONTRACTOR OR CONSULTANT AND / OR IF GIVEN AN EMPLOYMENT OFFER OF ANY TYPE OR DURATION DURING OR WITHIN TWELVE (12) MONTHS AFTER BEING CONTACTED BY OR COMPLETING A CONTRACT, TEMPORARY OR DIRECT HIRE EMPLOYMENT WITH ANY EMPLOYER WHO INITIALLY CONTACTED YOU THROUGH THE MONIKL SITE OR SERVICE.
If you are a Prospective Employee using our Site and/or Service, you also agree:
Users that are "Employers" are defined as any person or entity accessing the Service to post a job or accessing the Service for any reason related to the purpose of seeking candidates for employment (Prospective Employees).We may also sometimes refer to an Employer as a "Job Poster" when it is using the Service to post jobs. As an Employer, by using Monikl’s Services, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. You are also an “Employer” if you use the Service to search for Prospective Employees, view resumes, post jobs, or use Monikl’s Payroll Employee Service (MPES) to have Prospective Employees submit new hire onboarding documents, or use MPES to manage existing employee human resource information.
EMPLOYERS AGREE THAT PROSPECTIVE EMPLOYEES MAY BE DIRECTLY HIRED BY THE EMPLOYER (INCURRING A “SUCCESS FEE) OR THAT THE PROSPECTIVE EMPLOYEES WILL BE PAYROLLED THROUGH MONIKL’S PAYROLL EMPLOYEE SERVICE (MPES).
Monikl hereby grants you, as a perspective Employer, a limited, terminable, non-exclusive right to access and use the Service only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Monikl to any third party without the express written authorization of Monikl. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Monikl reserves the right to suspend or terminate your access and use at any time if Monikl determines that you are in breach of these TERMS and CONDITIONS.
Once we have accepted the registration of an Employer, you will be able to make contacts and interview requests ("Requests") through the Service with Prospective Employees listed on our Site and Service that you feel may be a fit for your company.
POSTING RULES FOR EMPLOYERS:
IF YOU ARE AN EMPLOYER WHO IS USING OUR SITE AND/OR SERVICE, YOU AGREE THAT YOU WILL NOTIFY MONIKL IF YOU MAKE AN EMPLOYMENT OFFER OF ANY TYPE, DURATION OR KIND TO A PROSPECTIVE EMPLOYEE CONTACTED OR FOUND VIA THE MONIKL SITE OR SERVICE.THIS INCLUDES ANY OFFER OF EMPLOYMENT WHETHER FOR AN INDEFINITE, TEMPORARY OR FIXED TERM, WHETHER AS AN EMPLOYEE, INTERN, INDEPENDENT OR W2 CONTRACTOR OR CONSULTANT. THIS ALSO INCLUDES ANY EMPLOYMENT OFFERS GIVEN OF ANY TYPE OR DURATION DURING OR WITHIN TWELVE (12) MONTHS AFTER YOUR INITIAL CONTACT WITH THE PROSPECTIVE EMPLOYEE CONTACTED OR FOUND VIA THE MONIKL SITE OR SERVICE. SPECIFICALLY:
You understand that Monikl does not inquire into the backgrounds of its users or attempt to verify the statements of its users (although it reserves the right to conduct any background check or other screenings at any time using available public records), and that you are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Prospective Employee.
Employers, through Monikl, may request one of several different fee-based background checks on Prospective Employees.
If a Prospective Employee identified through use of our Service accepts an Employment Offer within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will be charged a Success Fee.
A Success Fee is defined as:
In the case of a Direct Hire Employment Offer, the Employer will be billed and must pay the following upfront Success Fee equal to 7.5% of the Prospective Employee’s first year base salary, which amount shall be due immediately after the Start Date. All Direct Hire Employment Offers come with a 30-day satisfactory performance guarantee. This means if either the Employer terminates the Employee within 30 days for unsatisfactory performance or the Employee quits prior to 30 days after the Start Date, then Monikl will allow you to find another Prospective Employee from Monikl’s Service for the same position for up to 12 months, and directly hire a replacement without incurring a second Success Fee. This guarantee is only in effect IF the employer pays the Success Fee to Monikl within seven (7) days after the Employee’s Start Date.
All Direct Hire Employment Offers between $50,000 and $100,000 will come with a 60-day satisfactory performance guarantee. This means if either the Employer terminates the Employee within 60 days for unsatisfactory performance or the Employee quits prior to 60 days after the Start Date, then Monikl will allow you to find another Prospective Employee from Monikl’s Service for the same position for up to 12 months, and directly hire a replacement without incurring a second Success Fee. This guarantee is only in effect IF the employer pays the Success Fee to Monikl within seven (7) days after the Employee’s Start Date.
All Direct Hire Employment Offers over $100,000 will come with a 90-day satisfactory performance guarantee. This means if either the Employer terminates the Employee within 90 days for unsatisfactory performance or the Employee quits prior to 90 days after the Start Date, then Monikl will allow you to find another Prospective Employee from Monikl’s Service for the same position for up to 12 months, and directly hire a replacement without incurring a second Success Fee. This guarantee is only in effect IF the employer pays the Success Fee to Monikl within seven (7) days after the Employee’s Start Date.
In the case of a Temporary, Contract, Gig, or Temporary-to-Direct Hire Prospective Employee (collectively “Contract Engagement Employee”)
If an Employer hires a Contract Engagement Employee through Monikl, for 180 days after the end of any Contract Engagement, the Employer must use Monikl to engage any Contract Engagement Employee formerly provided through Monikl, the Site and/or Service.
A Success Fee and Contract Engagement Employee billings will only be collected from you after you have successfully hired a Prospective Employee or Contract Engagement Employee from Monikl.
Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Prospective Employee had already begun the interview process (“Interview Process”) with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s resume from a staffing agency and the Prospective Employee was under active consideration by the Employer prior to finding the Prospective Employee on Monikl’s Site or Service, then the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Offer will be at the sole discretion of Monikl. For the purposes of this clause, “Interview Process” shall mean continuous direct, back and forth communication, in an active recruiting or hiring situation where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Monikl Site or Service for a Prospective Employee that exists in Employer’s ATS (applicant tracking system) or that was submitted by a staffing agency or company.
IF YOU ARE AN EMPLOYER who is using our Site and/or Service, you agree to the Success Fee provisions. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using Monikl. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF THIS AGREEMENT.
If an Employer bypasses our Site and/or Service after discovering a Prospective Employee through our Site or Service and subsequently hires that Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will pay a Success Fee equal to 25% of the 1st year base salary of the Prospective Employee or prorated Contract Engagement Employee’s compensation and Monikl may, in its sole discretion, terminate the Employer’s account.
Monikl reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
The Sites, the Monikl Materials and all right, title and interest in and to the Sites and Monikl Materials are the sole property of Monikl, Inc. The Service and all materials therein, including, without limitation, software, images, text, HTML code, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the, "Monikl Sites"), and all Intellectual Property Rights related thereto, are the exclusive property of Monikl, Inc. Nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.
Use of Aggregate Data. You understand and agree that Monikl owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Monikl may use such Aggregate Data for any lawful business purpose without any duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seeker. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.
Monikl assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. IN NO EVENT SHALL MONIKL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON MONIKL BE LIABLE TO ANY USER OF THE MONIKL SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE MONIKL SITES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MONIKL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
In no event shall the total liability of Monikl, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on the Monikl sites exceed the amount you paid to Monikl in connection with the event giving rise to such liability for all damages, losses, and causes of action resulting from your use of the Monikl sites, whether in contract, tort (including, but not limited to, negligence) or otherwise. You hereby acknowledge that the preceding paragraph shall apply to all content AND services available ON THE MONIKL SITES.
Your ability to use or interact with the Site(s) and Services is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
Monikl is not liable in any way, or obligated to enforce, any agreements signed between an Employer and a Prospective Employee. You will not consider Monikl, nor will Monikl be construed as, a party to such transactions, whether or not Monikl receives some form of remuneration in connection with the transaction, and Monikl will not be liable for any costs or damages arising out of or related to such transaction.
BINDING ARBITRATION – You agree that any and all disputes or claims that have arisen or may arise between you and Monikl or its affiliates, whether relating to the Sites, Service, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS CLAUSE TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You are agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Monikl. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Monikl may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You also agree that: (1) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
You also agree that the arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amounts allowed in this Agreement. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by United States federal law.
Notwithstanding the foregoing, either you or Monikl may bring an individual action in small claims court.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Broward County, Florida. In addition, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
With the exception of the provision above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Any non-action by Monikl to enforce a breach of this Agreement does not constitute a waiver of Monikl’s right to enforce the Agreement. You may not assign or transfer this Agreement.
Monikl’s Affiliate Program may be found in the PROMOTIONS TAB once you set up a Monikl user. Click the Promotions Tab and you will be given an referral code. You may then send the link from this page to your friends to sign up. Otherwise, the referred person will need to type in your referral code when they sign up. Please note: this is only applicable for new users signing up on Monikl.
Monikl welcomes your comments regarding the Services and the Sites and appreciates hearing from you. You agree that any feedback, comments, or suggestions you may provide regarding Monikl or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
If you send Monikl creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Monikl. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Monikl's part, and Monikl will not be liable for any use or disclosure of any User Submission.
With respect to any materials you submit or make available to Monikl, you grant Monikl a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.
Our Service enables Employers looking to fill open jobs to research and contact potential candidates (Prospective Employees) for those jobs. If you do not want your personal information to be included as part of our Service, you may opt out by contacting us at email@example.com. However, we may retain your personal information even after you have opted out, so we can keep a record of and process your opt-out and/or if retention is necessary to comply with legal obligations, regulatory requirements, or to prevent fraud or abuse.
We collect and use the following types of information:
Information you provide us directly. When You register as a user or otherwise actively transmit data on Monik Services, data including, but not limited to your user name, password, first and last name, email address, connections or information from other media and networking sites, gender, educational history, employment history, skills, preferences, personality, career desires, age, address, and any other data transmitted to us or other users or employers is collected.
We retain information on your behalf, such as files and messages that you store using your Account.
When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.
We may also collect User Content, including content that you post, upload, or otherwise share or integrate with the Service. We use this information to operate, maintain, and provide to you and others the features and functionality of the Service. You may choose to integrate your Service account with certain third-party services, by opting to upload certain of your personal information (referred to herein as “User Content”) into the Service. No such integrations happen by default; they must be initiated by you. If you choose to connect the Monikl Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may choose to have information uploaded or shared by you removed at any time by contacting us at firstname.lastname@example.org.
Information we may receive from third parties.We may collect and receive information about you from third parties such as your name, employer and position, and contact information. For example, we may collect information about you from publicly available websites and other Monikl users who upload information into the Monikl Service. We use this information to operate and improve the Service.
Analytics informationWe may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including “cookies” (a small text file containing a string of alphanumeric characters sent to your computer that uniquely identifies your browser and lets Monikl help you log in faster and enhance your navigation through the site). These cookies enable us to collect data from your mobile device or/or computer, including but not limited to your operating system, browser, IP address, the pages you visit on the Service, the date and times of use, clicks, page and profile views, connections, and other information that assists us in improving the Service.
Log file information: Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
We use the information we collect or receive to primarily communicate directly and indirectly with you, to provide employers information on you to help them decide if they are interested in contacting and/or hiring you, to measure, research, and improve Monikl’s Services and features, and to provide you with customer support if needed. We also may share your information with employers in order to confirm an employer hired you as a result of Monikl’s Service.
We may send you emails related to the Service. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails. Other users of our Service may access information about you that has been uploaded by you or others and use that information to contact you. We reserve the right to share this data with third parties.
To the extent permitted by law, Monikl, its affiliates, and/or its designated third party partners, may also use your contact information to send you push notifications or alerts; create an account; send you information about Monikl; and send you promotional material or advertisements. Monikl may use demographic and/or profile data to tailor your experience on Monikl, show you content that Monikl thinks will interest you. Your personal information gets placed on Monikl when you log into Monikl via other media or websites for the first time or upload content. By accessing Monikl, you are making all your personal and employment information on other media sites that is transmitted or provided to Monikl available to third parties who may be interested in you as an employee or employer. If you do not want your personal information posted on Monikl, you should not log in to Monikl or upload your information. Monikl reserves the right to charge third parties a fee for accessing your information as part of Monikl’s services.
All payment information of any nature is secure and held in strict confidentiality and will only be used for the purpose of processing payments. Monikl will not use payment information in an unauthorized way or give this information to any unauthorized third party.
If we buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses, your information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Monikl will disclose your information where it believes it is required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms and Conditions or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Monikl, our users or others.
Information collected through the Service will be stored and processed in the United States.
Monikl cares about the security of your information, and provides reasonable security safeguards to preserve the integrity and security of all information collected through the Service and to prevent unauthorized access, loss, misuse or alterations or your personal information under our control.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Monikl, at all times. However, Monikl cannot ensure or warrant the security of any information you transmit to Monikl or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Monikl Service, such as social networks. Monikl is not responsible for the functionality or security measures of any third party.
In the event that any information under our control is compromised as a result of a breach of security, Monikl will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information seems likely to have been compromised, and take other steps in accordance with any applicable laws and regulations.
You have a choice whether or not to use Monikl Services. By accessing Monikl, you are specifically consenting to the use of any personal information you provided to Monikl as set forth herein and in the Terms and Conditions Agreement. You are also consenting to submissions of information you provide to potential employers.
You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com.
Monikl does not knowingly collect or solicit any information from anyone under the age of 18. The Service and its content are not directed at anyone under the age of 18. In the event that we learn that we have collected personal information from someone under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org .
Please contact us at email@example.com if you have any questions about the information Monikl may have collected about you.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at firstname.lastname@example.org