Term.

The Services shall commence on the Effective Date and shall continue for a period of twelve (12) months ("Term").

Term, Renewal, and Re-application.

This Agreement shall automatically renew for a subsequent twelve (12) month term upon the anniversary of its commencement, under the same terms and conditions, unless either party provides written notice of non-renewal to the other party no later than thirty (30) days before the end of the current Term.

Clients who achieve recognition may not re-apply for a new recognition status until at least nine (9) months have passed from their most recent qualification date.

Disputes.

If any dispute arises under this Agreement, the Company and the Client shall negotiate in good faith to settle such dispute. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. If the parties cannot agree with any mediator or if either party does not wish to abide by any decision of the mediator, they shall submit the dispute to arbitration by any mutually acceptable arbitrator. The costs of the arbitration proceeding shall be borne according to the decision of the arbitrator, who may apportion costs equally or in accordance with any finding of fault or lack of good faith of either party. If either party does not wish to abide by any decision of the arbitrator, they shall submit the dispute to litigation. The jurisdiction for any dispute shall be administered in The State of California, USA.

Legal Notice.

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when emailed to the participants.

Non-Solicitation.

During the term of this Agreement and for a period of thirty-six (36) months immediately following its termination or expiration, the Client agrees not to directly or indirectly solicit, recruit, hire, or attempt to hire any employee, subcontractor, or team member of the Company with whom the Client had contact as a result of the products provided under this Agreement. This prohibition includes, but is not limited to, offering employment or engaging such individuals as independent contractors.

Should the Client breach this provision, the Client agrees to pay the Company a one-time fee equal to one-hundred-fifty percent (150%) of the poached team member's total annual salary with the Company. This amount is agreed to be a reasonable estimate of the damages incurred by the Company from the loss of the team member and not as a penalty.

Assignment and Delegation.

The Company may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor ("Subcontractor"). The Company recognizes that they shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work. The Company shall be responsible for any confidential or proprietary information that is shared with the Subcontractor in accordance with this section. If any such information is shared by the Subcontractor to third (3rd) parties, the Company shall be made liable.

Governing Law.

This Agreement shall be governed under the laws in the United States of America (USA).

Disclaimer of Warranty.

Client understands that the Company's products are designed to help improve workplace culture and assist in attracting talent. However, the Company does not warrant or guarantee any specific business outcomes, including but not limited to, an increase in job applicants, the successful hiring of any individual, or any specific improvement in employee retention.

Contact.

If you have any questions about this policy or need clarification, contact us at 📧 admin@agencyworkplaces.com

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