Agency Connect Payment Terms
GREENHOUSE SOFTWARE, INC.
AGENCY CONNECT PAYMENT TERMS
THESE AGENCY CONNECT PAYMENT TERMS (THE “PAYMENT TERMS”) ARE HEREBY INCORPORATED INTO THE AGENCY CONNECT USER AGREEMENT (THE “USER AGREEMENT”) BETWEEN GREENHOUSE SOFTWARE, INC. (“GREENHOUSE”) AND AGENCY (“AGENCY”), AND GOVERN AGENCY’S USE OF AGENCY CONNECT.
1. SCOPE
These Payment Terms form part of the User Agreement, which governs Agency’s access to and use of Agency Connect. By agreeing to comply with the User Agreement, Agency also agrees to comply with the Payment Terms. Capitalized terms used in these Payment Terms but not defined herein shall have the meanings ascribed to them in the User Agreement.
2. PAYMENT TERMS
(a) Job Assignment Fees. Agency is required to have a valid credit card on file with Greenhouse at all times during the Term of the Agreement. Agency authorizes Greenhouse to charge a fee (the “Job Assignment Fee”) to Agency’s credit card on file each time that: (i) Agency is added to a job by a Hiring Company after connecting with such Hiring Company through Agency Connect; and (ii) Agency submits at least one (1) candidate to that job, within three (3) months of being introduced to the Hiring Company through Agency Connect. The Job Assignment Fee will equal one percent (1%) of the estimated starting salary for the job, or a flat fee of one thousand dollars (US $1,000) in the event an estimated starting salary is not listed. For the avoidance of doubt, Agency’s obligation to pay the Job Assignment Fee is not contingent upon Agency successfully placing a candidate into such job, or Agency’s receipt of payment from the Hiring Company that listed the job. In the event Greenhouse determines that Agency has connected with a Hiring Company through Agency Connect and submits candidates to that Hiring Company outside of Agency Connect within three (3) months of the introduction, Agency acknowledges that Greenhouse has the right to immediately charge Agency’s credit card on file for the Job Assignment Fee.
(b) Fee Disputes. Agency may dispute a Job Assignment Fee in good faith by providing written notice to Greenhouse within five (5) business days of such charge to Agency’s credit card, which notice shall include a reasonably detailed explanation of the disputed amount and the grounds for the dispute. Upon delivery of such written dispute notice, the Parties shall cooperate and negotiate in good faith and use reasonable efforts to resolve such disputed charges.
(c) Overdue Charges. Greenhouse reserves the right to charge Agency interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, on any Job Assignment Fees not received within thirty (30) days of the date such payment was due. For the avoidance of doubt, in the event Agency’s credit card is declined and/or the charge for a Job Assignment Fee is not able to be processed, Greenhouse may immediately suspend Agency’s access to Agency Connect and/or disable any Agency Ads.
(d) Taxes. Job Assignment Fees are exclusive of any taxes, levies, tariffs, duties or other governmental assessments of any nature, such as but not limited to, sales, use, value-added, and withholding taxes (collectively, “Taxes”). Agency is responsible for paying all Taxes associated with the Fees. Greenhouse reserves the right to assess Taxes as required by law, and determines sales tax based on Agency’s billing information. Applicable Taxes will be charged to Agency’s credit card on file.
3. MISCELLANEOUS
(a) Termination. For the avoidance of doubt, in the event either Party provides notice of termination pursuant to Section 7(b) of the User Agreement, such termination shall be effective as of the later of: (i) the date the notice of termination is received by the non-terminating Party; or (ii) three months following the last introduction made between Agency and a Hiring Company through Agency Connect (the “Termination Date”). Agency authorizes Greenhouse to continue to charge Agency’s credit card for Job Assignment Fees up to the Termination Date.
(b) Conflict of Provisions. If there is a conflict between the User Agreement and the Payment Terms, the Payment Terms shall prevail to the extent of the conflict.
(c) Modification. Greenhouse may amend these Payment Terms from time to time by posting an amended version within the Agency Account or by providing written notice to Agency. Greenhouse will provide written notice to Agency of any material changes to the Payment Terms. Greenhouse’s right to amend the Payment Terms includes the right to modify, add to, or remove terms. Such amendment will become effective immediately after Greenhouse posts the amended version or provides written notice to Agency. Agency’s continued use of or access to Agency Connect constitutes its acceptance of the amended terms.
Last Updated: April 6, 2023