websites, emails, and mobile applications, if any ("H\FC"). By accessing and using H\FC, you, as a recruiter
user, agree to comply with these Supplemental Terms. If you are using H\FC on behalf of a company or other legal
entity, then "you" also means such company or legal entity, and you agree to be bound by these Supplemental Terms
even if we have a separate agreement with you, such as the general Terms. You may not use H\FC if you do not
agree to the version of the Supplemental Terms provided by H\FC at the time that you access the platform
The terms "we" and "us" refer to JenZ Inc., a New York corporation.Please note:
These Supplemental Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
To access or use H\FC as a recruiter, you must be at least 18 years of age, or the age of majority in your jurisdiction. You may not use H\FC if we have terminated your account or banned you
2. H\FC is an Intermediary Platform Only.
H\FC is used by both student users and recruiter users. Please note that while H\FC can match student users with recruiter users to arrange internships, employments, or other relationships (the “GIG” or “GIGs”), H\FC is purely an intermediary platform for student users and recruiter users to identify one another. We are not responsible for any internship, employment, or other relationship which does or does not arise between any student user and recruiter user. The terms of any such relationship, and any obligations or liability which arise out of any such relationship, shall be solely between the student user and recruiter user.
Nothing within these Supplemental Terms may be construed as creating an employment relationship between H/FC and any recruiter user. You understand and agree that neither access to H/FC nor the posting of GIG’s on H/FC creates any entitlement to compensation, options, stock, or other rights or benefits accorded to H/FC’s employees, and you waive any right to them.
Any and all participant monetary compensation that H\FC collects from recruiter users is solely as a pass through to talent (contractor) participants and get’s paid automatically and instantaneously. H\FC has no fiduciary responsibility or money management responsibility over student compensation, and is solely collecting Platform Fee and Service Fee revenues.
H\FC assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or other content posted, sent, or received through H\FC.
You are solely responsible for your interactions with other users, and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of H\FC. We are not responsible for any incorrect, inaccurate, or unlawful materials or content (including any information in profiles) posted on H\FC.
3. Account Creation and Security.
All information provided during the creation of your recruiter account with H/FC must be accurate to the best of your abilities. We reserve the right to terminate any account that was created using, or which currently uses, false information which may deceive student users, or that we determine was created, or is being used for, purposes that violate these Supplemental Terms or the original Terms. right.
Recruiter users should safeguard their account identification and sign-in information and take reasonable steps to prevent access to your account by other persons or companies. If we believe that your account has been compromised, then we may take steps to protect you and H/FC through actions which may include resetting account passwords, cancelling subscriptions, suspending accounts, or restricting certain activities or access on the platform.
4. H\FC Recruiter Plan Options.
To list GIGs on the H/FC platform, recruiter users have the option to choose a plan which best fits their hiring, marketing, and/or other needs. H/FC offers monthly subscription options. In addition to monthly subscription fees, H\FC charges Service Fees calculated as a percentage on total student compensation. The details of each recruiter plan can be found below.Monthly Subscription Fees
- In the event of purchasing the Starter Plan, Purchase provides the right to list up to 1 GIG on the H/FC platform in any 30-day period. The Starter Plan allow for up to 3 student placements per GIG. Monthly subscription fee is cancellable at any time.
- In the event of purchasing the Growth Mode Plan, Purchase provides the right to list up to 3 GIGs on the H/FC platform in any 30-day period. Monthly Pro Plans allow for up to 10 student placements per GIG. Monthly subscription fee is cancellable at any time.
- In the event of purchasing the Monthly Enterprise Plan, Purchase provides the right to list unlimited GIGs on the H/FC platform in any 30-day period. In no event shall a client place more than 10 candidates without paying Enterprise tier fees. Please reach out directly to firstname.lastname@example.org for Enterprise Solutions.
- There is no requirement that a GIG be posted at the time of payment, and it can be listed at any time within one year of your purchase
- There is no guarantee that a GIG will receive applicants or lead to successful placement of candidates with the listing company
- Once a GIG is posted, it is live for 30 days
- Once a GIG has been posted for 30 days, the GIG is to be deactivated
- As soon as a recruiter has Accepted their first applicant, the GIG becomes a LIVE Program, allowing students to submit time and notes, and companies to be invoiced.
- Once a GIG has been deactivated for 7 days, all candidates that have not been messaged by the listing companyare to receive a notification email of non-placement
- Listing company will receive notifications for applicants received, as well as reminders when their GIGs are about to expire
- There are no pro-rata refunds
Non-Circumvention & Contractor Invoices and Service Fees
- Clients can cancel their monthly subscription fee at any time. In the event of cancellation of the monthly subscription fee, access to the platform will extend until the next billing date. All student compensation will be invoiced on the next billing date and submitted to the client by invoice.
- All student compensation through the final billing date will be included in the final invoice. Under no circumstances will cancellation of the subscription fee void any or all student compensation charges through the end of the billing period.
- Non Circumvention:By purchasing a GIG on Home From College, recruiter agrees to use the Home From College as your exclusive method to make all payments for work directly or indirectly with any contractor that has been Accepted to a listed GIG on the platform. The Non-Circumvention period lasts for a minimum of 12 months from GIG listing.
- Contractor Compensation:By purchasing any monthly plan, the purchaser agrees to be charged for any and all contractor compensation submitted on the Home From College platform. Contractor Compensation is summed up on a monthly basis and billed to the client by way of Contractor Invoice. In the event that Contractor Compensation totals to less than $5,000, Contractor Compensation plus Service Fees will be charged to the credit card on file, if available.
- Service Fees: Contractor Invoice totals to include a service fee to H\FC, calculated depending on the tier as outlined below. Service Fees included in monthly Contractor Invoice are emailed at the end of every 30 day period from the GIG start date. In the event that Contractor Compensation totals to less than $5,000, Contractor Compensation plus Service Fees will be charged to the credit card on file, if available.
- In the event of purchasing the Starter Plan,H\FC charges a Service Fee of 20% of total Contractor Compensation total amount, which will be automatically added to the monthly Contractor Invoice. Service Fees are due regardless of active Subscription on platform.
- In the event of purchasing the Growth Mode Plan,H\FC charges a Service Fee of 20% of total contractor compensation amount, which will be automatically added to the monthly Contractor Invoice. Service Fees are due regardless of active Subscription on platform.
- In the event of purchasing the Monthly Enterprise, during the Active Enterprise Scope,H\FC charges a Service Fee of 20% of total contractor compensation amount, which will be automatically added to the monthly Contractor Invoice.
5. Terms of Purchase.
Payment for the Monthly Starter and Monthly Pro H/FC recruiter plan option must be remitted through an approved online payment method (credit card, PayPal, etc.). Payment for Monthly Enterprise Fees may be remitted through Invoicing.
By completing a transaction to purchase the right to post GIGs on the H/FC platform, you are (1) agreeing to pay for all transactions made by you, whether as an individual or on behalf of a company, in full; (2) authorizing H/FC to charge your selected payment method for all fees due and payable for all transactions; (3) agreeing to Service Fees and (4) agreeing to these Supplemental Terms.
For the avoidance of doubt, Service Fees related to and directly attributable compensation, incentive and reimbursement for participants time, participation and work (i.e. labor) are separate from the H\FC Monthly Subscription or Enterprise fee. Under no circumstances shall the Monthly subscription fee cover participation compensation. Service Fees are due and payable regardless of whether a client has canceled their H\FC Monthly Subscription Fee.
All monthly subscription and contractor payment processing fees on H/FC are final and non-refundable.
You are responsible for all bank fees related to any transactions or failed transactions (e.g. chargebacks from your bank or credit card provider) initiated by you, including any domestic or international transaction fees.
6. H\FC Code of Conduct.
In addition to the agreed-upon Terms, we note that H/FC is a platform intended for all students, regardless of race, gender, identity, sexual orientation, ethnicity, nationality, color, immigration status, social and economic class, political or religious beliefs, and mental or physical ability. Recruiter users are prohibited from posting GIGs which may discriminate based on these, or any other criteria, which does not comport with providing equal opportunities for student users of all backgrounds.
7. Enforcement by H\FC.Removal of Content.
While H\FC has no obligation to do so, H\FC reserves the right to review and delete any content (or portion thereof) that we believe, in our sole discretion, violates these Supplemental Terms, the Terms, or other applicable policies posted on H\FC, or that we deem, in our sole discretion, inappropriate. If you see any content on H\FC that you believe violates our policies, you may report that content by clicking on any available link adjacent to that content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us via the methods below. Once notified, we will review the content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to edit or remove content is within our sole discretion. You understand and agree that if we choose not to remove or edit content that you find objectionable, that decision will not constitute a violation of these Supplemental Terms or any agreement we have with you. Notwithstanding the foregoing, H\FC will remove all of your content upon any termination by you of your use of our platform and services.Other Enforcement Actions.
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Supplemental Terms, including without limitation: removing content (or portions thereof) from H\FC; suspending your rights to use H\FC; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
8. Term and Termination.
These Supplemental Terms remain in effect while you use H\FC or for as long as you retain an account with H\FC. You may delete your account at any time. We may suspend or terminate your account or your access to parts of H\FC, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Supplemental Terms shall survive termination or expiration of these Supplemental Terms except those provisions granting access to or use of H\FC and any licenses that you have granted us to your content. For the avoidance of doubt, you agree that these Supplemental Terms apply to your use of H\FC and any content posted on H\FC at any time prior to the termination or expiration of these Supplemental Terms.
9. Conflicting Terms.
The Terms and Supplemental Terms act in concert to form one agreement required for all recruiter users, however to the extent that there is any conflict between the two parts, the language used within the Terms for all users will have priority and supersede any incongruent wording found in the Supplemental Terms.
10. Dispute Resolution.PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE SUPPLEMENTAL TERMS, YOU AND H\FC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND H\FC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.Governing Law.
These Supplemental Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Supplemental Terms or your access to or use of H\FC, shall be governed by the laws of the State of Delaware, and brought in the appropriate state or federal courts in Delaware, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. You agree to submit to the above governing law and venue provisions. The parties agree that their arrangement under these Supplemental Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below.Agreement to Arbitrate.
You and H\FC each agree that any and all disputes between recruiter users of H\FC and H\FC arising under or related in any way to these Supplemental Terms and such recruiter users' use of H\FC must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
This Agreement to Arbitrate will not apply to a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of these Supplemental Terms and the Dispute Resolution section will continue to apply.Informal Dispute Resolution.
If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. If you have a recruiter account on H\FC, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If H\FC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or H\FC may commence formal proceeding.Arbitration Procedure.
The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or H\FC shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Delaware. For any claim where the total amount of the award sought is $10,000 or less, you and H\FC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and H\FC subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or H\FC may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same H\FC user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Opt-Out Procedure. IF YOU ARE A NEW H\FC RECRUITER USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE H\FC SUPPLEMENTAL TERMS FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO THE ADDRESS PROVIDED BELOW.
11. General Provisions.
Except as specifically stated in another agreement we have with you, such as the original Terms required for all users, these Supplemental Terms constitute the entire agreement between you and us regarding the use of H\FC, and these Supplemental Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Supplemental Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Supplemental Terms shall not operate as a waiver of such right or provision. If any provision of the Supplemental Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Supplemental Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Supplemental Terms are binding and the translations are provided for convenience only. The Supplemental Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with H\FC's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Supplemental Terms and be void. The section titles in the Supplemental Terms are for convenience only and have no legal or contractual effect. As used in these Supplemental Terms, the word "including" means "including but not limited to."
You can contact us at the following:
13. Mobile Messaging Terms and Conditions
Last updated: November 21st, 2022, Home From College operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”).
1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders.
Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.
3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed
4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.