Self Serve Event Job Postings
Last Updated April 28, 2020
Azentra Inc., d/b/a as National Event Staffing (“NES”) and Client (“You” or “Client”) hereby enter into this Agreement for which NES will provide access to event staff (“Personnel”) job posting services to Client. This Agreement becomes effective upon payment to NES by Client, and electronic signature of this Agreement.
- NES is in the business of finding and engaging independent promotional and marketing professionals (“ Personnel”) to work and staff events;
- the Client intends to hold an Event ( “Event”); and
- the Client wishes to engage NES by utilizing its Self Serve Job Posting service to arrange for the hiring of Personnel for their Event.
THEREFORE, in consideration of their respective benefits, duties and obligations hereunder, NES and the Client (collectively “the Parties”) do hereby agree as follows:
Representations and Warranties:
Client represents that it is solely responsible for the content of its Job Posting.
Client represents and warrants that they will comply with all applicable privacy laws with respect to information given to them about Personnel.
Client represents and warrants that it will correspond with all Personnel in a professional and non-discriminatory manner.
Client warrants and represents that it will abide by all applicable federal, state, provincial and local laws.
- Services and Responsibilities of NES
NES will post Client’s job postings on its website and will provide Client with access to Personnel so that Client can select Personnel to staff their Event(s).
NES gives no guarantee that, should the Personnel assigned to any Event become unavailable for any reason, it will be able to find replacement Personnel to meet the Client’s requirements. Where the Client’s full requirements cannot be met Client agrees that such a situation will not be grounds for termination of the Agreement with respect to any Event.
NES shall maintain Client’s job postings on its website through the last day of the scheduled event.
NES is not responsible for the accuracy or quality control of the information contained in Client’s job postings. Client is solely responsible for the content and accuracy of the job postings.
- Responsibilities of the Client
The Client shall remunerate NES in the amount of at least $99 dollars (USD) for publishing and maintaining each job posting purchased on NES’s website: www.nationaleventstaffing.com/plans and/or www.nationaleventstaffing.com/99payment and/or www.nationaleventstaffing.com/250payment
The Client will be solely responsible for organizing the Event and dealing with the Personnel, including but not limited to, hiring the Personnel, supervising Personnel, and paying Personnel.
The Client will be responsible for providing to Personnel the address, entrance to event, attire information, phone number/s and all other updated and up to date event related details and information.
The Client will be responsible for receiving Personnel at each Event and with providing Personnel a brief and/or training and directions in regards to the services required of the Personnel at the Event.
The Client will be solely responsible for all aspects of both the Event and the Client’s requirements, including providing a safe work site, obtaining all necessary permits, provision of appropriate information, training, and equipment to Personnel, compliance with all applicable laws including but not limited to health and safety laws or guidelines and equality and anti-discrimination laws and full and complete payment to staff directly for the hours worked at the pay rate agreed upon directly with the staff. The Client will indemnify NES and hold it harmless from any claims or demands for amounts that are assessed against NES in relation to any claims or demands arising from the conduct of the Event or due to the Client’s requirements whether by the negligence of the Client or otherwise.
Client is solely responsibility for the details and accuracy of the job posting. NES does not review or quality control Client’s job posting. NES reserves the right to remove any posting it deems inappropriate or illegal without notice to Client.
Client will pay the Personnel directly for all hours worked. NES is not responsible for any Personnel payments.
- Promotional Marketing
Client hereby agrees to allow NES to use any photographic images or recordings from each Event for promotional, marketing, or advertising purposes including, but not limited to, use on its social media accounts, website(s), and email communications. This includes allowing the use of Client’s logo, name, and trademarks for this purpose.
- Indemnity and Limitation of Liability
Each Party, at its own expense, will indemnify, hold harmless and defend the other Party, and as applicable its directors, officers, employees and agents, against any adverse consequences that the other Party suffers arising from or relating to any negligent act or omission or willful misconduct by the indemnifying Party or its employees or agents. For purposes of this Agreement, “adverse consequences” will mean all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, costs, liabilities, obligations, losses, expenses, and fees including, without limitation, court costs and reasonable legal fees.
As a condition to the foregoing indemnity obligations of both Parties, the indemnifying Party agrees to pay any costs and damages finally awarded, including any settlement amounts, against the Party seeking indemnification, only if: (a) the Party seeking indemnification notifies the indemnifying Party promptly, in writing, of the action; (b) provides the indemnifying Party all reasonable information and assistance to settle or defend the action; and (c) grants the indemnifying Party sole authority and control of the defense or settlement of the action.
Notwithstanding any other provision of this Agreement, the liability of either Party to the other for any type of damages is limited to the amount of NES’ total compensation due under this Agreement.
Each Party hereby waives its rights to recover from the other party any consequential, indirect, or incidental damages (including, but not limited to, loss of use, income, profits, financing or reputation), arising out of, or related to, this Agreement or the performance of the Services, or both.
This Clause 5 will survive the termination of this Agreement.
- Dispute Resolution
If a dispute arises out of this contract, the Parties shall first seek to resolve the dispute on an amicable basis. If the Parties cannot resolve the dispute themselves, the Parties shall appoint a mediator to assist in such resolution, and Client will pay the fees associated with retaining the services of a mediator. Only after mediation fails shall a Party commence legal proceedings upon 30 days advance notice to the other Party during which the Parties should continue to negotiate until the expiry of such notice period.
The Client agrees to receive all notices at the email address provided at the time of executing this contract and paying for the listing service. It is incumbent upon the Client to update and maintain a current email address with NES. All email notices are deemed received upon receipt of a notice of “read receipt”.
- Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, United States excepting conflict of laws. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the Province of Ontario for the City of Toronto, Canada.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- Non Assignment Provision
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
All monies which are referred to in this Agreement are, unless expressly stated otherwise, expressed in lawful money of United States of America.
- No Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. No waiver will be binding unless confirmed in writing by the party providing the waiver.
- Entire Agreement Provision
This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes and cancels all prior and contemporaneous agreements, commitments, communications, and writings, whether oral or written other than those that are in force between the Parties in relation to Events that are not All-Inclusive Events. No amendment or modification of this Agreement will be effective unless it is in writing and signed by both the Parties.