The following additional terms shall apply to Partner Client’s (“Company”) use of any Broadbean Services:
Services and Responsibilities
1.1 Company may use the Services on behalf of its Affiliates (as defined below) or give its Affiliates access to use the Services provided that:
1.1.1 Company shall ensure that each Affiliate complies with all of the terms of the Agreement in the same manner that such terms and conditions apply to the Company; and
1.1.2 Company shall be responsible for and remain liable for all Affiliate acts and omissions.
“Affiliate” means an entity that controls, is controlled by, or is under common control with Company.
1.2 Subject to the terms and conditions of the Agreement, Company may use the services provided by Broadbean (the “Services”) to submit job advertisements, announcements, or other information or materials (“Postings”) regarding employment opportunities with Company for transmission and placement on job boards, social networking websites or other distribution/search channels operated by third parties (“Job Boards”) and to manage and report on its Postings and responses thereto, and, if specified on this Order Form, to search resume databases operated or maintained by third parties (“Resume Databases”), in each case as further described herein and as permitted using Broadbean’s standard functionality, features and tools. The Job Boards and Resume Databases are collectively referred to herein as “Candidate Sources”.
1.3 Broadbean does not warrant the continued availability of any Candidate Source.
1.4 Company shall not use the Services to act as a service bureau or application service provider and shall not permit any kind of access to the Services to any third party other than its Affiliates.
1.5 Where Company provides Postings data to Broadbean via an automated feed (e.g. xml feed, career site scrape, API integration or Applicant Tracking System (“ATS”)) rather than manually inputting Posting data into the Broadbean Service:
1.5.1 Broadbean will submit Postings to Candidate Sources in the technical format provided to Broadbean by Company. Broadbean is not responsible for how Candidate Sources render that format and any changes required by Company to that formatting are the responsibility of Company prior to submission to Broadbean; and
1.5.2 Company will obtain from the ATS provider, on a timely basis, all support that Broadbean reasonably requires to provide the Services.
1.6 Broadbean will set-up and configure the Company account. This includes the initial configuration of Candidate Sources and Users prior to the initial go-live of Company’s Broadbean account. Company will nominate a single delivery manager (the “Company DM”) authorized to make decisions on account set-up, configuration, workflow and training. Company will provide any decisions and any associated information reasonably required by Broadbean to set-up and configure the Company account. Company will provide all
1.7 Broadbean will require Company’s Candidate Source account access credentials, and other Company information, in order to configure the Services to post jobs or search for candidates on any given Candidate Source (e.g. Broadbean will need Company’s Federal and State Tax and Identification numbers and any associated Company credentials, in order to post jobs to the Employment Service Delivery System of State websites and Career One Stop Centers (“OFCCP EDS”) on Company’s behalf). Company agrees to provide this information in a timely manner to Broadbean when requested by Broadbean, both during initial set-up and on an ongoing basis as reasonably required by Broadbean. Company accepts that failure to provide this information means Broadbean can not distribute jobs to the relevant Candidate Sources which may result in Company being non-compliant with OFCCP job distribution requirements.
1.8 Once the Company account is set-up and configured, Broadbean will provide Company with up to three live user training sessions via online sharing software such as go-to-meeting or join-me. In addition, Broadbean will provide Company with a video of the training session(s) for users who cannot attend the live training session(s). Company will provide a set of training dates as requested by Broadbean and will ensure all users have attended a full Broadbean training session (live or recorded) before using the Services..
1.9 Company will ensure Users have access to the Google Chrome, Microsoft Internet Explorer, Apple Safari or Microsoft Edge browser to use the services, such browser to be of a version no earlier than Chrome v60, Internet Explorer v11, Safari v11, Edge v80.
1.10 Failure by Company to (i) provide Broadbean with required account set-up and/or configuration decisions or information, (ii) attend, or provide a reasonable selection of dates for, online user training sessions, (iii) provide Broadbean with Candidate Source account access credentials, (iv) provide Users with the required browser/version, or (v) use the Services after the Term has started, will not void the Agreement or Company’s responsibility to pay the Fees.
1.11 Broadbean shall ensure that the Services operate as demonstrated to Company and as described in the user documentation and report specifications. Company has performed reasonable due diligence, is satisfied that the Services meet their needs and acknowledges that no further functionality, workflow or deliverables are required or expected from Broadbean or the Services unless specified in the Order Form. Should Company decide after the Order Form has been signed that the Services do not meet their needs or decide to change their workflow, or systems (e.g. ATS) or data feed or career site to a format, process or system that the Services do not support, such a decision will not void the Agreement or Company’s responsibility to pay the Fees; however, Broadbean will use commercially reasonable efforts to reconfigure the account (using pre-existing Broadbean configuration options) to meet Company’s new needs at no additional cost to Company.
1.12 Broadbean will provide online tools and training that allow Company’s administrative Users to add, delete and configure Candidate Sources and Authorized Users within Company’s Broadbean account. Broadbean has no responsibility to perform functions for Company during the Term that can be achieved with these tools. For significant change projects Broadbean can perform these functions for Company if agreed between the Parties and documented in a separate Order Form.
1.13 Broadbean will ensure the Services can post to all Candidate Sources in Broadbean’s network as detailed at https://job-boards.broadbean.com/us/boards. If Company requires the Services to post to a Candidate Source not part of Broadbean’s network (“New Source”), then Broadbean will add the New Source to its backlog and will use commercially reasonable efforts to add New Sources from that backlog to its network at a rate of not less than one Candidate Source per week, such backlog to be prioritized based on aggregate demand across all Broadbean Clients. Should Company’s posting volumes to any such New Source, excluding the Candidates Sources which make up the OFCCP EDS, exceed twenty (20) postings per month, both Broadbean and Company will use commercially reasonable efforts to persuade the New Source to provide Broadbean with access to an Application Programming Interface (API) that accepts automated electronic postings from Broadbean in one of Broadbean’s standard data formats. Should such New Source be unable or unwilling to provide Broadbean with access to such an API in a timely manner, then Broadbean will not be required to post jobs to that New Source and not posting to this New Source will not void the Agreement or Company’s responsibility to pay the Fees. In such scenarios Broadbean will still manually post to such New Sources for Company subject to Company agreeing in writing (including email) to pay an additional fee per post/edit/delete (“Manual Transaction”) for each New Source at Broadbean’s standard Manual Posting rates.
Broadbean’s standard Manual Posting rates as of the Effective Date are:
English Language Non-English Language
$2 per Manual Transaction per Candidate Source $6 per Manual Transaction per Candidate Source
1.14 Where Broadbean acts as a media buyer for Company in relation to buying credits on a Candidate Source on behalf of Company as authorized and requested by Company (“Media Buyer”), Company acknowledges that responsibility and liability for complying with the terms and conditions of use of such Candidate Source remains with Company.
1.15 Where Broadbean does not act as a Media Buyer, Company acknowledges that:
1.15.1 in order to use the Services to submit Postings and/or search Resume Databases on certain Candidate Sources, Company may need to maintain active accounts, funded accounts or credits with those Candidate Sources;
1.15.2 Company is solely responsible for complying with the terms and conditions of use of any Candidate Source and/or any other agreement between Company and the Candidate Source; and
1.15.3 Company is solely responsible for the payment of all charges due to the operators of the Candidate Source.
1.16 Company shall not disclose its login password for the Services to any third party. Company shall ensure that only its authorized personnel (“Authorized Users”) access the Services and that each Authorized User uses his/her unique login password (“User ID”) to access the Services. Company shall ensure that each Authorized User uses his/her respective assigned User ID only and will not use another’s User ID.
1.17 Company shall initial the Order Form where appropriate to indicate review and acceptance of the configuration documents.
1.18 OFCCP Compliance Job Distribution and Reporting is a tool that can facilitate Company’s compliance with OFCCP obligations by (i) distributing Postings to various Job Boards as required by Section 4212 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 and (ii) maintaining a record demonstrating the successful transmission and publishing of Postings with such Job Boards. Company understands and agrees that:
1.18.1 Company is solely responsible for its compliance with both OFCCP regulations and any other applicable law. Company’s use of Broadbean’s OFCCP Compliance Job Distribution and Reporting does not ensure compliance with OFCCP regulations.
1.18.2 Company will provide Broadbean access to all job data via their Career Site, or via a feed from their ATS, and in order for Broadbean to meet the requirements of the OFCCP EDS, Company will ensure such job data is compliant with the following criteria:
188.8.131.52 Each job in the Career Site or ATS feed to be in the same format/layout.
184.108.40.206 Each job to include a single, valid City and State location.
220.127.116.11 Each job to include a specific reference number (to enable OFCCP EDS to differentiate similar jobs from one another and tie posting activity back to the correct job within Company’s systems).
18.104.22.168 Job title field to be less than 100 characters.
22.214.171.124 Job description field to be less than 65,000 characters.
126.96.36.199 Job data to include a valid apply URL.
Any job which fails to meet these criteria will not be distributed to the OFCCP EDS and Company will be sent a failure email from Broadbean for each such job.