TERMS AND CONDITIONS OF USE
A note on terminology: Terms defined in this Agreement, when used with initial capital letters, have the meanings given in this Agreement. "You" and "your," refer to you, the user (and your organization, if you are an employer). "SAPQuestMarket", "we", "us", "our" and "Customer Support" refer to SAPQuest Market Strategies Inc. a company incorporated in the Province of British Columbia with an address at Unit 104G, 1309 Woodstock Way, Bellingham, WA 98226 - United States.
Statement of Site Usage
Non Registered Usage ... Sections 1,3,4
Registered Account Holder Usage ... Sections 2,3,4
Contractor / Individual ... Sections 5,6,7
SAP(r) Based Firm ... Sections 8,9
Recruiter / Agency ... Sections 10,11
SAP(r) Customers ... Sections 12,13
Fees and Payments ... Sections 14 to 22
General Account Conditions ... Sections 23 to 31
Storage and Other Limitations ... Section 32
Content and Links on this Site ... Section 33
Your Content ... Sections 34 to 37
Privacy ... Section 38
Other Services ... Section 39
Links to Our Site ... Sections 40,41
Participation in Promotions of Advertisers ... Section 42
Dispute Resolution ... Section 43
Feedback ... Section 44
Ownership ... Section 45
Disclaimer of Warranty ... Sections 46-50
Indemnification ... Section 51
Limitation of Liability ... Section 52
Termination ... Section 53-56
Amendment ... Section 57
Modifications to Terms of Service ... Section 58
Complaints ... Sections 59
Miscellaneous ... Sections 60 to 69
Questions or Comments ... Section 70
Statement of Site Usage
1. You may use certain limited features of this site (the "Site") without registering for an account. If you do so, you expressly agree that all of the terms and conditions of this Agreement apply to your use of the Site.
YOUR USE OF THE SITE SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SITE.
2. Certain features, functionality, and content on the Site are only available to users who have registered for an account on the Site (an "Account"). You may register for one of four types of accounts, in which case all of the terms and conditions of this Agreement, including Sections 1, 2, 3, and 4, shall apply in their entirety. BY REGISTERING FOR AN ACCOUNT, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
3. These Terms and Conditions comprise the entire agreement between an account holder and SAPQuestMarket and between the non-account holder and SAPQuestMarket and supersede all prior agreements between the parties regarding the subject matter contained herein.
4. There are four types of accounts available on the Site. You may register for an Account for which you are eligible by going to http://www.SAPQuestMarket.com providing the requested information, and submitting your registration application to us.
Contractors/ Individuals Top
5. Contractors/ Individuals who are at least eighteen (18) years of age and have professionally worked with SAP(r) are eligible to register for a Contractor/ Individual account, which shall be used for the sole purpose of seeking contract or full-time work, career information and related services. Contractors must be employed on jobs or projects under a contractual short term agreement. Individuals must be working as an employee of a Company that uses SAP as a software solution to their day to day business operations. A Contractor or Individual for whom we establish a Contractor/Individual account are referred to as "Contractors/Individuals " in this Agreement.
6. If you are an Contractor/Individual, you agree that:
6a. You shall use your Account for your personal use only and you shall not redistribute any of the content on this Site.
6b. You shall register as a Contractor/Individual and hold only one accountholdership Account.
6c. You agree that the content entered on this site under your Contractor/Individual accountholdership states your personal experience using SAP(r) and you shall not use this account to serve as an agent to any third party and that you are representing yourself exclusively as having been entered in the Job Sites and Tasks itemized under your account.
6d. You shall not advertise rates in any form or fashion.
6e. You shall contact SAPQuestMarket through the link "I have taken a JOB Offer" provided on your Home Page when you have been offered and have accepted a job/contract offer that has been facilitated via SAPQuestMarket.
6f. You shall write all content on this site in English, any non-English content shall result in SAPQuestMarket disabling your account and shall require you contacting Customer Support to be reinstated.
6g. You shall provide all content in your words and not use a third party to author the content. SAPQuestMarket may offer services to help load your Resume, but this is done with you initiating a request to load your Resume and with the understanding that you control the final publishing and are responsible for the content.
6h. You shall not misuse the Site or make any attempt to circumvent the rules and guidelines contained in this Agreement.
7. If you are an Contractor/Individual, you shall receive 50% of any fees received by SAPQuest Market as a result of your being placed through SAPQuestMarket, whether the placement is for a contract, contract-to-hire, or permanent job.
SAP Practice Top
8. SAP-consulting firms with 200 or fewer professionals and individuals in an organization are eligible to register for an SAP Practice account, which may be used for the sole purpose of seeking contracts, selling products and related services. Such firms may not have more than 200 SAP-professionals as employees or contractors and as an SAP Based company are seeking contractually service relationship in the market place. Firms for whom we establish a Firm Account are referred to as a "SAP Practice" in this Agreement.
9. If you are a SAP Practice, you agree that:
9a. You shall promptly pay the fees as more particularly outlined below in the "FEES" section.
9b. You shall not advertise rates in any form or fashion.
9c. You certify that all individuals listed under your "Resource Option Package" are your employees or have resource contracts with you. You also certify that you are not a recruiting agency and that you generate your business as an SAP Practice.
9d. You shall write all content on this site in English, any non-English content shall result in SAPQuestMarket disabling your account and shall require you contacting Customer Support to be reinstated.
9e. You shall not misuse the Site or make any attempt to circumvent the rules and guidelines contained in this Agreement.
10. Recruiting agencies that provide SAP-professionals may register for a Recruiter/Agency account, which may be used for the sole purpose of seeking contract or full-time work, career information and related services for others. Firms for whom we establish a Recruiter/Agency account are referred to as "Recruiters/Agencies" in this Agreement.
11. If you are a Recruiter/Agency, you agree that:
11a. You shall promptly pay the fees as more particularly outlined below in the "FEES" section.
11b. You shall write all content on this site in English, any non-English content shall result in SAPQuestMarket disabling your account and shall require you contacting Customer Support to be reinstated.
11c. You agree you shall not represent SAPQuestMarket in any form or fashion.
11d. You agree that you shall not represent any Contractor/Individual account accountholder as the sole agent.
11e. You agree that should you wish to represent any Contractor / Individual account accountholder that you shall only do so after contacting the Contractor / Individual and getting their approval.
11f. You agree that you shall not copy any Contractor / Individual Account accountholders' content from this site into your Information Data Base.
11g. You shall not misuse the Site or make any attempt to circumvent the rules and guidelines contained in this Agreement.
SAP(r) Customers Top
12. Customer Accounts are defined as businesses that hold a license to operate and use the SAP(r) software and are businesses seeking SAP-professionals for contract or full-time work. All businesses for which we establish a Customer Account are referred to as "Customers" in this Agreement.
13. If you are a Customer, you agree that:
13a. You shall promptly pay the fees as more particularly outlined below in the "FEES" section.
13c. Except as expressed permitted, you shall use your Account solely in the course of locating SAP-professionals and shall not redistribute any of the content on this Site.
13d. You shall not misuse the Site or make any attempt to circumvent the rules and guidelines contained in this Agreement.
FEES AND PAYMENTS. Top
SAPQuestMarket' services are currently provided to all users at the following fees:
14. SAPQuestMarket applies no membership charge to the Individual/Contractor making the membership free.
15. SAPQuestMarket charges SAP Practices an annual fee of $700 US which entitles the Small Firm to add up to four of their resources in the Resource Package. An additional amount of $40 US is charged for each replacement of the Resource maintained under the Resource Package. In addition the SAP-Based Firm shall be charged $250 US for each placement of any resource through SAPQuestMarket, whether the placement is for a contract, contract-to-hire, or permanent job.
16. SAPQuestMarket charges Recruiters/Agencies an annual fee of $700 US and a one-time flat fee of $500 US per placement through SAPQuestMarket, whether the placement is for a contract, contract-to-hire, or permanent job
17. SAPQuestMarket charges Customers a one-time flat fee of $500 US per placement through SAPQuestMarket, whether the placement is for a contract, contract-to-hire, or permanent job.
Non-Accountholders who make a Job Offer and Engage Contractor/Individual Accountholder
18. SAPQuestMarket charges Non-Accountholders a one-time flat fee of $500 US per placement through SAPQuestMarket, whether the placement is for a contract, contract-to-hire, or permanent job.
19. ALL SAPQuestMarket fees are non-refundable
20. We may at any time amend our pricing policy for some or all of the services provided by SAPQuestMarket and we may or may not notify you in advance of any such amendments. You agree and acknowledge that we may change this policy consistent with the procedures set forth in this Agreement.
21. The pricing that is applicable to you is the pricing that is in effect in these terms of service on the date of any applicable transaction. If you continue to use your account, you signify your acceptance of any amendment to the pricing policy and agree to pay us all charges accrued by you under the amended pricing policy.
22. You are responsible for obtaining at your expense all hardware, software, and services required to access your Account.
GENERAL ACCOUNT CONDITIONS Top
23. You shall comply with all SAPQuestMarket policies and applicable laws regarding use of or access to your account.
24. By registering for an account, you represent and warrant that:
24a. you are eligible for the account that you have designated in the registration process, as set forth above;
24b. the information that you include as part of your registration is accurate, complete and not misleading in any way; and
24c. if you are registering as a Firm, Recruiter/Agency or Customer, you have the necessary authority to bind your organization to this Agreement.
25. If your circumstances change such that you are no longer eligible for your account, you shall promptly notify us and we shall terminate your account. We reserve the right to investigate, at our own discretion, an activity that may violate this agreement.
26. You acknowledge that we may pursue any and all applicable legal and equitable remedies for any breach of this Agreement by you.
27. You shall not transfer or share your account with anyone, nor disclose your account password to anyone. You are solely responsible for all actions taken under your Account User ID.
28. You shall not use any robot, spider, automated collection mechanism, or any manual process to monitor or copy the web pages comprising the SAPQuestMarket Web Site or the content contained therein without our prior written permission.
29. You shall not distribute unsolicited commercial messages ("spam") through your account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, we or our suppliers may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
30. You shall not engage in personal attacks, "flaming", or other forms of discourteous and unprofessional online conduct.
31. Any agreement between you as an account-holder and any individual or organization, including other account-holders and parties to which we link from this Site, is solely on the terms negotiated by you and the other party and you acknowledge that you shall enter into it at your own risk and that SAPQuestMarket is not in any way liable for any breach of such agreement, regardless whether it is committed by you or any other party to it.
STORAGE AND OTHER LIMITATIONS Top
32. While SAPQuestMarket shall make all efforts to resolve any operational problems with the Site, SAPQuestMarket assumes no responsibility for the deletion or failure to store information entered into the Site Content Pages. Please notify any observed problems to CustomerSupport@SAPQuestMarket.com
CONTENT AND LINKS ON THIS SITE. Top
33. You use the content on this Site and any web sites linked thereto, at your own risk. You understand and agree as follows:
33a. None of the content provided on this Site, through articles and tips and any other sources, must be considered to be of an advisory nature. It is provided solely for informational purposes and should not be considered professional, business or legal advice.
33b. You should not act based on information you receive from the Site without using your own efforts to confirm such information, and, when appropriate, consulting with an independent, licensed professional regarding your individual circumstances.
33c. This Site provides unfiltered access to third party content. We are only acting as a conduit and we have no liability related to the third-party content on this Site, whether arising under the law of copyright, defamation, libel, privacy, obscenity, or otherwise.
33d. This Site may contain links to third party web sites. While we hope that you are able to benefit from the information, products, and services that these businesses provide to you, we neither control nor review the web sites to which we link from this Site. Therefore, we cannot endorse the content, products, services, or performance of the web sites we link to from this Site and you should not treat any link as an endorsement.
33e. We cannot, nor do we undertake any obligation to, control, verify, or validate the content that you receive. We expect that you shall use caution and common sense when using this Site and your Account.
YOUR CONTENT. Top
34. You are solely responsible for content or any other information you provide, distribute, post, include, link to, or otherwise upload to the Site ("Your Content"). You understand and agree as follows:
34a. We are only acting as a passive conduit for the online distribution and publication of Your Content and we make no warranties as to the actual distribution or publication of Your Content.
34b. We have the right (but no obligation) to take any action we deem appropriate with respect to Your Content for any reason including if we believe that it may create liability for us, harm our business, or cause us to lose the services of our ISPs or other suppliers.
35. You represent and warrant that Your Content:
35a. will not infringe or misappropriate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy;
35b. will not violate any law or regulation;
35c. will not be defamatory or trade libelous;
35d. will not be obscene or contain child pornography;
35e. will not include incomplete, false or inaccurate information about you or any other individual; and
35f. will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
36. By submitting Your Content to this Site you hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use, copy and display Your Content, under all your intellectual property and proprietary rights worldwide.
37. You understand that on termination of your account, sections 53 and 56 are binding.
38. Your privacy is very important to us. You expressly consent to:
OTHER SERVICES Top
39. From time to time, we may offer additional goods, tools and services for purchase by you on this Site. Your purchase of any such goods, tools or services shall be governed by separate and additional terms and conditions of purchase ("Purchase Terms"), which shall be incorporated by reference into this Agreement. In the event of a conflict, ambiguity, or inconsistency between the terms and conditions contained in this document and any Purchase Terms, the Purchase Terms applicable to that product or service shall govern. The applicable Purchase terms for any purchase by you shall be displayed or made accessible to you at or about the time that you agree to make such purchase.
LINKS TO OUR SITE. Top
40. We grant you full permission to link to the front page of the Site using a text link, but not to:
40a. frame the Site;
40b. "deep-link" to any web page on the Site other than the front page; or
40c. use any of our trademarks or logos without our prior written permission.
41. You acknowledge and agree that we do not pay referral fees for any links you may make to the Site.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS Top
42. Accountholders may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding accountholder and the advertiser. SAPQuestMarket assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
DISPUTE RESOLUTION. Top
43. Any disputes regarding arrangements between account holders (including without limitation disputes regarding services and payment) remain solely between the parties. We are not involved in any transactions between you and any other users of the Site. You acknowledge and agree that SAPQuestMarket shall not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such dispute.
44. We shall treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing to treat as such. We are also unable to accept your unsolicited ideas or proposals for the Site or the products or services we offer in connection with the Site, so please do not submit them to us under any circumstances. Feedback can be sent via our feedback form.
45. You agree that as between you and us, all content, software, trademarks, logos and everything else hosted on this Site are our valuable intellectual property. All rights to our content, software, services, and server information are reserved. All reproduction in whole or in part of the text or illustrations on this Site, by any means whatsoever and without our prior written consent, is prohibited.
DISCLAIMER OF WARRANTY Top
46. THE SITE, AND THE CONTENT, SERVICES, PRODUCTS, AND INFORMATION RELATED THERETO, ARE PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
47. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
48. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION RECEIVED UNDER THIS AGREEMENT OR AGAINST INFRINGEMENT.
49. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY INFORMATION PROVIDED BY COMMUNITY LEADERS OR ACCOUNTHOLDERS, OR ANY JOB DESCRIPTIONS/SOLICITATIONS, PROPOSALS, APPLICATIONS OR USER PROFILES), NOR DO WE UNDERTAKE TO VERIFY, UPDATE OR CORRECT SUCH INFORMATION. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE SITE.
50. WE DO NOT GUARANTEE ANY RESPONSE RATE TO ANY JOBS/SOLICITATIONS, APPLICATIONS OR PROPOSALS, NOR DO WE MAKE ANY WARRANTIES WITH RESPECT TO THE SERVICES OF ANY CONTRACTOR/INDIVIDUAL, THE PAYMENT BY ANY CUSTOMER OF FEES OR PAYMENTS IN CONNECTION WITH ANY JOB, OR THE SUCCESS OF ANY PROJECT. ANY USE OF OR RELIANCE UPON THE SITE, OR ANY INFORMATION OBTAINED THEREFROM, IS DONE OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING THEREFROM.
51. You agree to indemnify and hold us, our customers and business partners harmless from all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that we may incur as a result of any claims, suits, actions, or proceedings arising out of or related to Your Content or your breach of this Agreement, including without limitation any claims of intellectual property infringement, defamation, and trade secret misappropriation and claims under any business negligence theory.
LIMITATION OF LIABILITY Top
52. IN NO EVENT shall WE OR OUR SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SITE, EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR (AND OUR SUPPLIERS') TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SITE, WHETHER IN CONTRACT OR NEGLIGENCE OR OTHERWISE, shall NOT EXCEED THE LESSER OF (A) THE AMOUNT PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAN. $100.00). THE FOREGOING LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS COUNTING TOWARD SATISFACTION OF THE LIMIT.
55. Should your account membership expire, SAPQuestMarket will give you 30 days to renew your account. If you do not get back to SAPQuestMarket to indicate your desire to renew then the Content maintained under the heading of Job Sites, Tasks, Articles and Tips shall be deleted from the Site on the 31st day into the expire period.
56. Upon termination of your account, your right to use the Service and Software immediately ceases. From then on, you shall have no right and SAPQuestMarket shall have no obligation to forward any unread or unsent messages to you or any third party. Further, you understand that on termination of your account all your Content maintained under the heading of Job Sites, Tasks, Articles and Tips shall be deleted from the Site.
57. We may amend this Agreement by posting the amended version on the Site and making the amended Agreement available via a link from our home page. You agree that your continued use of the Site after such amendment indicates your acceptance of any such amendment.
MODIFICATIONS TO TERMS OF SERVICE Top
58. SAPQuestMarket may change the terms and conditions from time to time. Upon major changes in the terms and conditions SAPQuestMarket shall notify you by posting the changes as a start-up screen prior to your subsequent use of the service. If you agree to be bound by the changes, you must again click the "I Accept" button that shall follow the posted changes. If you do not click the "I Accept" button, we may terminate your use of the Site at that time.
59. Should you object to any terms and conditions of SAPQuestMarket or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Site.
60. This Agreement shall be governed in all respects by the laws of the Province of British Columbia, Canada as such laws are applied to agreements entered into by British Columbia residents to be performed entirely within British Columbia. Any action or proceeding arising from or relating to this Agreement must be brought in a court in the Province of British Columbia and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding.
61. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
62. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in force.
63. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.
64. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
65. Except as expressly stated otherwise, any notices shall be given:
65a. by certified mail, postage prepaid and return receipt requested to the address provided below (in the case of notices to us); or
65b. by e-mail or certified mail to the address you provided to us during the registration process (in the case of notices to you); or
65c. such other addresses as the parties may specify by giving proper notice under this Agreement.
66. Notice shall be deemed given three (3) days after the date of mailing, or, in the case of e-mail, one (1) hour after the time of sending.
67. You may not assign this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign this Agreement.
68. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersedes all prior agreements, communications, and understandings, both written and oral, about its subject matter.
69. You agree that you have not relied on any representations that are not set forth in this Agreement.
QUESTIONS OR COMMENTS. Top
If you have any questions or comments about the Site or this Agreement, please contact us at CustomerSupport@SAPQuestMarket.com or write to us at SAPQuestMarket Strategies Inc. a company incorporated in the Province of British Columbia with an address at Unit 104G, 1309 Woodstock Way, Bellingham, WA 98226 - United States.