1. Acceptance
These Business Terms of Service ("Business Terms") govern the use of Position by employers, recruiters, staffing agencies, and any account that posts job listings (each a "Business Customer"). By posting a listing or purchasing a service, the Business Customer accepts these Business Terms, the User Terms of Service, the Privacy Policy, and the Acceptable Use Policy. The individual accepting these terms represents that they have authority to bind the Business Customer.
2. Account, Verification, and Authority
- The Business Customer must provide accurate legal entity information, contact details, and tax or billing information as requested.
- Position may verify identity and legitimacy at any time and may suspend accounts pending verification.
- The Business Customer is responsible for all activity under its account, including actions of employees and agents.
3. Job Listings
- All listings must describe a real, currently open position and must comply with our Acceptable Use Policy and applicable employment laws.
- Business Customer must not include discriminatory requirements, request payment from applicants, or misrepresent compensation, location, or role.
- Position may edit, remove, hide, or refuse any listing at its discretion, including for policy violations, quality concerns, or non-payment.
- Business Customer grants Position a worldwide, non-exclusive, royalty-free license to host, display, distribute, and promote listings and associated company information within the Service and in reasonable marketing of the Service.
4. Fees and Billing
Position charges Business Customers on a combination of deposits, per-view fees, and other fees disclosed in the product at the time of purchase.
- Job posting deposit: A non-refundable deposit is required before a listing becomes active. The deposit amount is displayed at checkout and may be credited against future view-based charges at Position's discretion.
- Per-view billing: Views are counted as unique impressions using our internal deduplication rules. The current per-view rate is displayed in the business dashboard and may be updated with reasonable notice.
- Invoices: View charges are aggregated into a monthly invoice. Available credits (including deposits) are applied first, then the remaining balance is due via the payment method on file.
- Payment processing: Payments are processed by Stripe. Business Customer authorizes Position and Stripe to charge the payment method on file for amounts due.
- Taxes: Fees are exclusive of taxes. Business Customer is responsible for any applicable sales, use, VAT, or similar taxes.
- Late payment: Overdue invoices may accrue interest at the lower of 1.5% per month or the maximum permitted by law and may result in suspension of listings.
- No refunds: Except where required by law, fees and deposits are non-refundable, including if a listing is removed for policy violation or the position is filled early.
- Disputes: Billing disputes must be submitted in writing to support@position-jobs.net within 30 days of the invoice date; otherwise the invoice is deemed accepted.
5. Applicant Data
- Business Customer will use applicant information solely to evaluate candidates for the specific role to which they applied.
- Business Customer will comply with all applicable privacy, employment, anti-discrimination, and background-check laws when processing applicant data.
- Business Customer will not sell, share, or otherwise use applicant data for unrelated marketing, resale, or third-party purposes.
- Business Customer will maintain reasonable administrative, technical, and physical safeguards for applicant data and will notify Position of any suspected data incident affecting Position users.
6. Equal Employment Opportunity
Business Customer represents that its listings and hiring practices comply with all applicable equal employment opportunity and anti-discrimination laws. Position may remove listings that appear to violate these laws.
7. Acceptable Use, Suspension, and Termination
- Position may suspend or terminate the Business Customer's access, remove listings, and withhold pending payouts for violation of these terms, applicable law, non-payment, fraud, or abuse.
- Position may terminate for convenience with reasonable notice; Business Customer may terminate at any time by ceasing use and paying outstanding amounts.
- Deposits and prepaid balances are forfeited for violations of the Acceptable Use Policy.
8. Warranties by Business Customer
Business Customer represents and warrants that:
- It has the legal right to post each listing and to use any logos, trademarks, or content it submits.
- All information provided is accurate and not misleading.
- Its use of the Service complies with all applicable laws and regulations.
9. Disclaimers
The Service is provided "as is" without warranties of any kind. Position does not guarantee any minimum number of applicants, hires, views, or results. AI-generated suggestions are provided for convenience only; the Business Customer is solely responsible for reviewing and editing them before use.
10. Limitation of Liability
To the maximum extent permitted by law, Position and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Position's aggregate liability arising out of or relating to these Business Terms will not exceed the fees paid by the Business Customer to Position in the six months preceding the event giving rise to the claim.
11. Indemnification
The Business Customer will defend, indemnify, and hold harmless Position, its affiliates, and their personnel from and against any third-party claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of (a) its listings or content, (b) its hiring or employment practices, (c) its handling of applicant data, or (d) its breach of these Business Terms or applicable law.
12. Confidentiality
Non-public information exchanged in connection with the Service (including pricing, analytics, and applicant data) is confidential and must be protected with at least reasonable care and used only to perform under these Business Terms.
13. Modifications
Position may modify these Business Terms or its fees on reasonable notice. Continued use of the Service or continuation of a listing after the effective date constitutes acceptance.
14. Governing Law and Disputes
These Business Terms are governed by the laws of the State of South Carolina, USA, without regard to conflict-of-laws principles. The parties consent to exclusive jurisdiction in the state and federal courts located in South Carolina.
15. Entire Agreement
These Business Terms, together with the User Terms of Service, Privacy Policy, and Acceptable Use Policy, form the entire agreement between the Business Customer and Position regarding the Service and supersede any prior understanding.
16. Contact
Questions or notices should be sent to support@position-jobs.net.