BuzzRecruiter Purchase agreement
Welcome to BuzzRecruiter by BizzwithBuzz, Inc. (BizzwithBuzz). By agreeing and signing up with BuzzRecruiter as a client, you agree to be legally bound by the terms of this Purchase Agreement. These terms and conditions are applicable to the designing of a website and website and/or design related services between you (the client) and BizzwithBuzz.
If for any reason, you do not agree to be legally bound by these terms and conditions, you may notify BizzwithBuzz within 5 business days of your order and the services ordered will be cancelled and money (your 50% deposit) refunded with no further obligations by either party. Failure to notify BizzwithBuzz of your choice to cancel within 5 business days shall be deemed to indicate that you have read and agreed to be bound by the terms and conditions of this Purchase Agreement.
BizzwithBuzz reserves the right to change the terms of this Purchase Agreement at any time by posting the changes on its BuzzRecruiter website. Please visit this web page from time to time to review the terms of this Purchase Agreement that you are bound to.
BizzwithBuzz will build a website with information provided by the client. BizzwithBuzz shall develop and host on its network server accessible by the Internet via the client’s own domain (www.yourbusiness.com) or a subdomain (www.client.buzzrecruiter.com) provided by BizzwithBuzz. BizzwithBuzz will also register client’s domain or subdomain with several World Wide Web Search Engines upon completion and at the time of launch and receipt of final payment.
Client hereby grants to BizzwithBuzz and its subcontractors the necessary rights and licenses to carry out obligations under this agreement and to make a reasonable number of archival or backup copies as deemed necessary by BizzwithBuzz.
General Terms and Conditions:
1. Website Availability. BizzwithBuzz will deliver a complete website within 45 days granted that the client provides all necessary content, images, design selection, logos (if available) and feedback on site progression stages in a timely manner (not to exceed 15 business days). The website will be made available for client to view prior to hosting for purposes of editing for corrections to content only.
2. Timely Feedback. Feedback by client is necessary. Failure to respond after 15 business days from the date of the first request sent to you by BizzwithBuzz, will indicate acceptance, BizzwithBuzz will assume that your project is complete and the project shall be deemed completed. At such time, BizzwithBuzz will have no further obligation to you, and you will pay BizzwithBuzz pursuant to the provisions of this Purchase Agreement. Notwithstanding the foregoing, BizzwithBuzz reserves the right, in its sole discretion, to terminate your access to all or a portion of the service, at any time, with or without notice. In the event of such termination, BizzwithBuzz will determine, in its sole discretion, whether you are entitled to any refund.
3. Payment. Upon final approval by the client, client agrees to pay the remaining 50% of the fees associated with the development/ customization of the website and will be considered non-refundable and paid in full. Upon the client payment of the remaining 50% owed plus any additional charges for services ordered and completed, and/or any applicable discounts given, BizzwithBuzz will upload the website to its network servers (if BizzwithBuzz hosting service is selected) or client’s preferred hosting company’s network servers (whichever is applicable). All additional services will also be uploaded to appropriate servers for client to download or can be burnt onto a CD upon client’s request.
4. Content. Client will provide BizzwithBuzz all text content (copywriting) needed to complete a professional website derived from their choice of website package purchased and based on the available website packages and website designs. Client understands and agrees that BizzwithBuzz will publish the website solely in accordance with the information provided by client filling out our form(s), questionnaire(s) and if needed a telephone interview. After client provides all necessary (at least 75% of content) information and/or necessary content files, BizzwithBuzz will begin building the client’s BuzzRecruiter website.
5. Copywriting. Copywriting and copyediting beyond correction and minor text edits of content submitted will be considered as additional services. These additional services, hosting fees or fees for other services as requested by the client beyond the initial website development shall be charged as such and will be payable to BizzwithBuzz at final invoicing. Client in advance of execution shall approve any such service.
6. Images. Images are chosen from either BizzwithBuzz's library of images or online gallery of BizzwithBuzz’s suppliers (client selects image number from directed website page and BizzwithBuzz staff acquires image on behalf of client). If client needs additional photos/images beyond 2 images per page of website, then fees may apply. Royalty Free images are used for all websites unless otherwise indicated and or provided by client.
7. Third Party Responsibility. Client assumes responsibility for acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks), podcasts, videocasts and other information of third parties, and hypertext links to third party websites.
8. 30-Day Review. Upon completion, final payment and upload of site to the Internet, client will have 30 days to review website and make minor content edits at no charge. After 30 days any edits, improvements or changes are charged at a standard hourly rate and billed in 30-minute increments.
9. Individual Access. Client shall be responsible for obtaining Internet connectivity to access the website, to send and receive e-mail, and to otherwise access and utilize the Internet. Client shall also secure hosting space either through BizzwithBuzz (add on service) or other hosting company providing necessary login and password access to upload final website files on client’s behalf.
10. Refunds. Initial purchase of website package allows for full refund of deposit if BizzwithBuzz is notified (via email: support@buzzrecruiter.com) within 5 business days from online order placement. Client understands that any other add on service fees and annual or monthly charges are non refundable.
11. HireAbilty.com Member Discount. If a client is a HireAbility.com member (or if not currently a member of HireAbility.com but chooses to join HireAbility’s Recruiting Network within five (5) business days of the execution of this Agreement), client will receive a credit of 10% off the purchase cost of the website package being developed. This credit does not apply if any other discount is given. The discount is applied on the final invoice.
12. Marketing. As a client of BizzwithBuzz, BuzzRecruiter.com program, client agrees to have a marketing link (Site by BuzzRecruiter.com) in the footer area of client’s website linking back to www.BuzzRecruiter.com.
13. Communications. By using the BuzzRecruiter service, you agree to receive, via email or otherwise, status notifications, newsletter, and carefully selected special offers and promotions for products and services that we believe could be of value to our clients. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. BizzwithBuzz may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with BizzwithBuzz’s privacy policy.
Ethics, Liabilities and Rights:
14. You acknowledge and agree that BizzwithBuzz shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates the terms and conditions of this Purchase Agreement or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others.
15. Client also agrees that the service provided by BizzwithBuzz is used in a manner that does not interfere with or disrupt other network users, services, or equipment, and BizzwithBuzz reserves the right to terminate or suspend service without notice.
16. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that BizzwithBuzz. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms and conditions of this Purchase Agreement; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BizzwithBuzz, its users and the public.
17. Any optional service such as email or hosting provided by BizzwithBuzz, shall be used in a manner which does not interfere with or disrupt other network users, services, or equipment, and BizzwithBuzz reserves the right to terminate or suspend service without notice if such interference is determined by BizzwithBuzz to exist. Such interference or disruption includes, but is not limited to: a. wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums, b. propagation of computer worms or viruses, and c. use of the network to make unauthorized entry to other computational, information, or communications devices or resources - This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
18. BizzwithBuzz’s services are provided on an "as is" and "as available" basis. BizzwithBuzz’s entire liability and client's exclusive remedy against BizzwithBuzz for any failure of service under this agreement, or the performance or nonperformance of any obligation under this agreement, shall be limited to a refund of amounts paid to BizzwithBuzz during the period of time that the Services contracted for were interrupted or not provided properly or continuously. The entire liability of BizzwithBuzz, and client’s exclusive remedy against BizzwithBuzz for errors in the website (other than those errors caused by client) shall be the correction of such errors upon notice from client. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER’S USE OF THE SERVICE IS AT ITS OWN RISK AND BIZZWITHBUZZ DISCLAIMS ANY AND ALL WARRANTIES TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BIZZWITHBUZZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. BizzwithBuzz disclaims and shall not be liable for any other loss, injury, cost or damage suffered by client or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the BuzzRecruiter.com and/or BizzwithBuzz Inc.’s websites and any information available on them, and the delay or inability to use the site or any information, even if BizzwithBuzz has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for Incidental or consequential damages. Except as expressly stated herein, BizzwithBuzz disclaims any and all warranties to client, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.
19. Client agrees to defend, indemnify, and hold harmless BizzwithBuzz and each of BizzwithBuzz’s officers, directors, employees, agents, and affiliates from, against, and in respect of: (a) any and all losses, damages or deficiencies resulting from any third party claim against BizzwithBuzz in connection with client's website (including, but not limited to, website content) or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including BizzwithBuzz’s reasonable legal fees and expenses (whether incident to the foregoing or to BizzwithBuzz’s enforcement of said rights or defense and indemnity).
20. Client agrees to defend, indemnify, and hold harmless BizzwithBuzz and each of BizzwithBuzz’s subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees of any of the foregoing, from, against and in respect of any and all losses, costs (including reasonable attorney’s fees), expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any of such parties in connection with client’s website except to the extent that such claims directly resulted from the gross negligence or willful misconduct of the indemnified party.
21. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR THE TERMS AND CONDITIONS OF THIS PURCHASE AGREEMENT OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF BIZZWITHBUZZ OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BIZZWITHBUZZ’S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO BIZZWITHBUZZ FOR YOUR PACKAGE UNDER THE TERMS AND CONDITIONS OF THIS PURCHASE AGREEMENT.
22. Any controversy or claim arising out of or relating to this Purchase Agreement, or the breach thereof, shall be conclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in courts located in Santa Clara County, California, having jurisdiction thereof. Each party shall bear its own costs and attorney fees, unless the arbitration award specifically provides otherwise.
23. The validity of this Purchase Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of California; provided, however, that if any provision of the Purchase Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Purchase Agreement shall otherwise remain in full force. After arbitration, as specified in Section 22 (above), any suit to enforce any provision of this Purchase Agreement, or any right, remedy or other matter arising from the arbitration, will be brought exclusively in the state or federal courts located in California. BizzwithBuzz and client agree and consent to the venue in and to the in person jurisdiction of the aforementioned courts.
24. Copyright and Trademark Notices. All materials of the service (as well as the organization and layout of the service are owned and copyrighted or licensed by BizzwithBuzz, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the service which includes the BuzzRecruiter websites, is permitted without the written permission of BizzwithBuzz. Any rights not expressly granted herein are reserved.
25. Force Majeure. If the performance of any part of this Purchase Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
Your rights and obligations under this Purchase Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of BizzwithBuzz.
By clicking “I Agree – Buy Now” on the BuzzRecruiter.com order page you are acknowledging that you agree to all the terms in this Purchase Agreement.
Please print a copy of this agreement for your records.
Our postal address is:
BizzwithBuzz, Inc
1659 Branham Lane, Suite F-105
San Jose, CA 95118
We can be reached by e-mail at support@buzzrecruiter.com
Thank you for reviewing the BizzwithBuzz Purchase Agreement.