Terms of Service

This document sets out the Terms and Conditions ("Terms") on which Perception Group Inc, located at 303 Perimeter Center North, Suite 300, Atlanta GA 30346, ("Perception") provides customers with access to certain recruitment management services through the www.WhoHire.com website ("Website").

Please read these Terms carefully before using the Website and the Services. By clicking on "I accept" on behalf of a nominated company or organization (the "Customer"), you agree that the company or organization will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter these Terms on behalf of the Customer company or organization.

If you do not accept these Terms, you will not be able to use the Website and the Services. We advise you to print and retain a copy of these Terms for future reference. These Terms may be subject to change from time to time, so we recommend that you refer to them periodically and before making use of the Website and Services.

1. The Website & the Services

In consideration for the payment of the Fees, Perception shall provide the Customer with the Services as described on the Website. These Services include the following:

• The ability to browse, screen, track, and collaboratively manage the hiring process through the Website.
• The Storage Service, which allows the Customer to store their recruitment data.
• The facility to add accounts for "Collaborators," who are the Customer's employees and nominated representatives on their hiring team.
• The facility to create "Openings," which are descriptions of employment or contractor roles that the Customer is seeking to fill.
• The ability to upload "Customer Information," which refers to information about the Customer's organization or any Opening.
• The ability to publish and export Job Postings to various job boards and social media services to reach potential Candidates.
• The ability to view the Profile of a Candidate who applies for an Opening, including their academic background, work experience, skills, and employment history.
• A comparison tool to evaluate Candidates for a specific Job Posting and facilitate communications between the Customer, Collaborators, and Candidates.
• The Suggested Candidate Search, which allows the Customer to search for prospective Candidates based on skills and qualifications, even if they haven't applied for a Job Posting.
• The ability to request Implementation Services, which provide access to the Website and Services on the Customer's systems through the use of a Perception API. Additional charges may apply for Implementation Services.
• Any other features and functionalities provided by Perception to the Customer from time to time.

Please note that Perception's obligations are limited to providing the Services and do not include acting on behalf of the Customer. These Terms do not establish a partnership or joint venture between the Customer and Perception, nor do they authorize either party to make commitments on behalf of the other.

Perception may add, modify, suspend, or cease the provision of any element of the Services upon notice to the Customer.

Perception agrees to use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for scheduled maintenance time or circumstances beyond Perception's reasonable control. In the event of planned service downtime, Perception will provide at least 24 hours' notice to the Customer.

2. Registration & Collaborators

To use the Services, the Customer must register with Perception by completing the online registration form on the Website.

Perception will send the Customer a Confirmation Email once the registration is accepted and confirmed. The Contract for using the Services on these Terms begins on the date of the Confirmation Email.

Perception may conduct verification and security procedures regarding the information provided by the Customer. If Perception believes that the information provided is inaccurate, breaches these Terms, or is likely to breach them, Perception may take appropriate action, including terminating the Customer's Contract.

The Customer and its Collaborators must keep their usernames and passwords safe and secure. They should not be used without the Customer's permission. If unauthorized use or access to the Customer's Logins or profile is suspected, the Customer must immediately notify Perception. The Customer is solely responsible for any breaches of these Terms resulting from the use of its Logins.

3. Customer Obligations

The Customer and its Collaborators must use the Services and the Website in accordance with these Terms.

The Customer must ensure that its use of the Services and the Website, including the submission of any information, complies with applicable laws and regulations, does not infringe intellectual property rights of third parties, and is not offensive, illegal, or inappropriate. The Customer indemnifies Perception for any losses, liabilities, costs, or expenses arising from a breach of this obligation.

Perception does not verify the accuracy, correctness, or completeness of the Customer's Submissions or other information provided on the Website. The Customer warrants that it has the right to use all such information and material.

Perception may enhance the Profile of Candidates by using data obtained from third parties. Perception does not verify the accuracy of this data and provides no guarantee of error-free enhancements. The Customer is responsible for verifying the accuracy of such information before making any hiring decisions.

Perception reserves the right to refuse, remove, or edit any Submissions if it believes they breach these Terms. The Customer must not impersonate another user or person, use the information obtained through the Services for purposes other than recruitment, contact Candidates who have not applied for an Opening, or engage in any harmful activities.

4. Customer Interaction with Candidates

The Customer must provide sufficient information in its Job Postings to allow Candidates to make informed decisions about applying for a role. The Customer warrants that the information provided in the Job Openings and Customer Information is correct, complete, accurate, and up to date. If any information is incorrect or incomplete, the Customer must rectify it immediately.

When using the Suggested Candidate Services, the Customer can only contact Candidates in relation to an existing and valid Opening on the Website, not as a general solicitation.

The Customer must comply with all applicable laws and legislation, including data protection, employment, and anti-discrimination laws, when using the Services and the Website. The Customer is responsible for verifying Candidates' qualifications, right to work, and procuring necessary information for evaluating suitability.

The Customer must keep all information related to Candidates and the recruitment process secure and confidential.

The Services are for the Customer's internal use only, and the Customer may not resell them to any third party without Perception's written approval. The Customer is responsible for entering into necessary contractual arrangements with Candidates. Perception is not liable for any loss or damage resulting from Disputes between the Customer and Candidates.

5. Marketplace Partners

Perception may offer additional products and services provided by Marketplace Partners. These products and services complement the Services and are directly purchased by the Customer from the Marketplace Partners. Perception is not the agent, joint venture, or partner of the Marketplace Partners or the Customer.

6. Fees

The fees to access the Website and Services are as set out on the Website or the Perception Quote you received, as applicable ("Fees"). Unless stated otherwise on the Website or the Perception Quote, Fees shall be payable by the Customer at the beginning of each subscription term or in the manner set out on the Website or the Perception Quote, in the currency identified on the Website or the Perception Quote, as applicable. All Fees are exclusive of VAT and all other taxes or duties and are non-refundable and non-cancelable for any reason, except as expressly provided otherwise in these Terms.

Where the Customer subscribes to an annual subscription plan, such plan is sold for a fixed term of twelve (12) months. Upon expiration of the annual subscription term, the subscription shall automatically convert to a month to month subscription, billed monthly at the equivalent monthly rate derived from the prior annual Fees, unless otherwise agreed in writing by Perception.

7. Termination

The customer may terminate the Agreement and their use of our services at any time, with thirty (30) days' prior written notice. To initiate termination, the customer must provide notice in writing through email or any other contact method specified by us.

Upon termination by the customer, the customer will remain responsible for any outstanding payments or obligations incurred up until the termination date. The termination will take effect after the 30-day notice period, and the customer will no longer have access to the services after the termination date.

The Storage Service continues after the termination of the Services until the Customer notifies Perception in writing to erase all Customer data. Perception may terminate the Storage Services as required for compliance with applicable law but not earlier than 90 days after the termination of Services.

8. Warranties

The Customer warrants that the Customer has the right and capacity to enter into and be bound by these Terms, shall comply with all applicable laws regarding the use of the Services and the Website, and agrees to abide by the rules and reasonable directions of Perception relating to the Website.

Perception warrants that the Services shall be provided with reasonable care and skill, as expected from an experienced provider of similar services. Perception relies on other service providers (such as network providers, data centers, telecommunication providers) to make the Services and the Website available. While Perception takes reasonable steps to provide a good level of service, Perception does not guarantee that the service will be fault-free or uninterrupted.

Except as expressly set out herein, to the maximum extent permitted by law, Perception excludes all representations, warranties, obligations, and liabilities in connection with the Services and the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law.

9. Limitation of Liability

The maximum aggregate liability of Perception (including its respective agents, subcontractors, or representatives) under, arising from, or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence), or otherwise (including for contractual liability under any indemnity provided by Perception), shall not exceed a sum equivalent to the total Fees received by Perception for a period of twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms shall serve to limit or exclude Perception's liability for death or personal injury resulting from Perception's negligence or any liability for fraudulent misrepresentation.

10. Intellectual Property Rights

Perception and its licensors own all intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in these Terms will serve to transfer from Perception to the Customer any of the Software or Website, and all right, title, and interest in and to the Software and the Website will remain exclusively with Perception and/or Perception's licensors.

The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer, and the Customer may draw the attention of other users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.

11. Data Processing, Privacy, and Confidentiality

The Customer and Perception shall comply with all applicable data protection and privacy laws and regulations in the performance of their obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 ("GDPR"), the UK General Data Protection Regulation ("UK GDPR"), the UK Data Protection Act 2018, the California Consumer Privacy Act ("CCPA"), and other relevant data protection laws.

Perception processes personal data (as defined in the Data Protection Laws) as a data controller while providing the Services. The processing of personal data is carried out in accordance with Perception's Privacy and Cookies Notice and Recruitment Privacy Notice Template for Candidate data.

For personal data processed by Perception as a data processor on the Customer's behalf, Perception will act strictly in accordance with the Customer's instructions, implement appropriate security measures, and provide reasonable assistance to the Customer to comply with its obligations under the Data Protection Laws.

Confidential Information shared between the parties shall be protected and used solely for the purposes of performing their obligations under these Terms. The Receiving Party shall not disclose Confidential Information to third parties unless authorized by the Disclosing Party. Exceptions apply in cases required by law or government authorities.

12. SMS and Text Communication

Perception DBA WhoHire sends text and SMS communication to those that have opted in by submitting a contact form, or scheduling a meeting. These messages will be directly related to services that you have requested from us and may include: Date of appointments, location of meetings, reminders and special offers related to your request.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@whohire.com or support@perception-group.com.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you.

13. General

If Perception fails to enforce strict performance of its obligations under these Terms or fails to exercise any rights or remedies, it does not constitute a waiver of those rights or remedies, and the Customer is still required to comply with its obligations. Any waiver of these Terms by Perception must be expressly stated in writing to be effective.

All notifications and communications to Perception should be sent to the contact details provided on the Website.

If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a competent authority, that provision will be severed to the extent necessary, and the remaining provisions will continue to be valid to the fullest extent permitted by law.

The Customer acknowledges that it has not relied on any representations, undertakings, or promises that are not expressly set out in these Terms.

The Customer agrees that Perception may identify the Customer as a user of the Software and use the Customer's trademark and/or logo for sales presentations, promotional/marketing materials and communications, press releases, and developing a brief customer profile on Perception's website for promotional purposes.

Perception reserves the right to modify these Terms at any time by revising them on the Website. However, any modifications should not materially change the overall functionality of the Services or substantially diminish the Customer's rights.

The Contract starts on the Effective Date specified on the Website or Perception Quote and continues for the duration of the subscription length. The Contract will automatically renew on each anniversary of the Effective Date for successive terms of one year, unless the Customer notifies Perception in writing at least 30 days prior to the anniversary of its intention not to renew the Services.