Register to Become an Associate with Creatives On Call
Please complete the form to register with Creatives On Call as an associate.
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Acceptance of Terms: Welcome to https://creativesoncall.com/. Creative On Call Inc. d/b/a Creatives On Call ("Creatives") offers this website to you and provides its services to you, subject to the following terms and conditions ("Terms"). PLEASE READ THE FOLLOWING TERMS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. By using our website, you agree to these Terms. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes at: http://www.creativesoncall.com/legal. By using this website after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT email@example.com.
Description of Services: Creatives provides users with an access interface for employment and career opportunities to both potential employees and hiring parties in the form of time card authorizations, applications for employment, employee databases, and job databases (collectively the "Services"). You also understand and agree that the Services may include certain communications from Creatives, such as Service announcements, and administrative messages and that these communications are considered part of your Creatives account and you will not be able to opt out of receiving them if you maintain an account. You understand and agree that the Service is provided "AS-IS" and that Creatives assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.
General Use Restrictions: Creatives or third parties granting rights to Creatives hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Creatives or such third parties. Creatives grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. You agree not to modify the interface in any manner or form, or to use modified versions of the interface, including (without limitation) for the purpose of obtaining unauthorized access to Creatives databases and files. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to "frame" or "mirror" the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of Creatives.
Registration Obligations for Applicants: In consideration of your use of this website and the Services offered by Creatives, you represent that you are of legal age to form a binding contract and are not a person barred from purchasing and receiving the Services under the laws of the United States or other applicable jurisdiction. This website and the Services are neither being offered to, nor are available, to minors. If you are a minor, please do not use this website.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information collectively being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Creatives has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creatives has the right to suspend or terminate your account and refuse any and all current or future use of this website or our services (or any portion thereof).
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, employment history, education history, personal identifier information, and other content that you upload, publish or display (hereinafter, "post") on or through this website, otherwise provide to Creatives, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the website or otherwise to Creatives personnel that you did not create or that you do not have permission to submit. You understand and agree that Creatives may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Creatives violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Creatives. You agree that under no circumstances will Creatives be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Creatives.
Confidentiality: Creatives is the exclusive company representing the candidate seeking employment for one or more job postings or employment opportunities. Creatives has made available for consideration certain information including name, resume, work history, experience, and other relevant information relating to the job opportunity (collectively the "Candidate Information") concerning each candidate that is responsive to the job posting and description prepared by the party interest in the hiring a candidate for employment. Creatives is prepared to furnish the Candidate Information in connection with discussions and negotiations concerning the possible hiring of candidate only on the condition that a hiring party agrees to treat all Candidate Information as confidential, including the fact that the Candidate applied for the open position.
Obligations of Hiring Party: In consideration of your use of this website and the Services offered by Creatives, you represent that you are duly authorized to form a binding contract and are not a person barred from purchasing and receiving the Services under the laws of the United States or other applicable jurisdiction. You represent that you are duly authorized by your company to verify time card entries and are further authorized to have your company be billed for such time card entries. As a potential hiring party, you hereby represent and agree to the following conditions:
The Candidate Information furnished to you is the property of Creatives and will not be used by you for any purpose other than to evaluate the candidate for employment by you. Therefore, you agree to keep all Candidate Information strictly confidential and shall not disseminate Information to anyone including third parties; provided, however, that any Candidate Information may be disclosed, on a need-to-know basis, to employees of yours ("Permitted Parties") who have the need to examine such Candidate Information for the purpose of assisting you in evaluating the candidate for hire by you. Such Permitted Parties shall be informed by you of the confidential nature of such Candidate Information, and that such Permitted Parties are bound by this Agreement. You will be responsible for any breach of the provisions of these Terms by any Permitted Party.
You will not copy or make any of the Candidate Information available or copy, disclose or distribute, either orally or in writing, any of the contents of the Candidate Information to any person other than the Permitted Parties. Without Creatives' prior written consent, you will not disclose, and will also direct the Permitted Parties not to disclose, to any person, either the fact that discussions or negotiations are taking place concerning a possible hire of a candidate by you or any of the terms, conditions or other facts with respect to any such possible hire, including the status thereof. The term "person" as used in these Terms shall be interpreted broadly and shall include, without limitation, any corporation, company, partnership, limited liability company, or individual or other third party other than the Permitted Parties.
If you elect not to hire a candidate, or any time at Creatives request, you will promptly return to Creatives all Candidate Information furnished to you, without retaining copies thereof. Your breach of these Terms will entitle Creatives to collect from you any and all remedies available at law or in equity to which it may be entitled, including without limitation, damages in the form of a placement fee, or injunctive relief without the requirement for posting a bond.
Data Entry: You certify that the days and hours worked as entered on the timesheet are correct and were worked by you. The hiring party has verified that the days and hours worked as entered on the timesheets are correct. By submitting a timesheet, the hiring party acknowledges its receipt and approval of the timesheet and that it will pay the corresponding wage to the employee for the days and hours worked as submitted on the timesheet. You acknowledge and accept that Creatives might share the timesheet information, alone or compiled, without the name of the employee, with third parties for Creatives' business purposes, including but not limited to Creatives' clients, advisors, agents, and consultants. Creatives will not sell any timesheet information to any third party for marketing purposes. By submitting your hours, comments, data and/or approval of timesheet information to Creatives, you hereby grant Creatives a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license and right to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, by any means, in entirety or a portion of, your timesheet information.
Availability: Creatives has several offices offering the Services to local communities across the United States. The Services offered in one area may differ from those in another area due to availability, local laws, and other considerations. Creatives does not make any warranty or representation that a user in one area may obtain the Services from the website in another area and Creatives may cancel a user's account or redirect a user to the resource for that user's area if a user attempts to obtain the Services offered in another area. Information Creatives publishes on the World Wide Web may contain references or cross references to employment opportunities, programs and services that are not announced or available in your area. Such references do not imply that Creatives intends to announce such products, programs or services in your area.
Third Party Interaction and Links to Third Party Websites: In your use of this website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of this website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Creatives has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Creatives and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.
This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Creatives. Such links do not constitute an endorsement by Creatives of any such websites. You acknowledge that Creatives is providing these links to you only as a convenience, and you agree that Creatives is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the website, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.
You agree that Creatives shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals. If there is a dispute between participants on this website, or between users and any third party, you understand and agree that Creatives is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release Creatives, its agents, employees, successors and assigns, from any and all liability associated with such dispute.
Equal Opportunity Agency: Creatives is an equal opportunity job placement agency. All interviewing, hiring, transfer, compensation, benefits, discipline, termination and all other employment decisions or placement decisions are made without regard to race, color, religion, sex, sexual orientation, gender identity, age, disability, national origin, citizenship/immigration status (subject to applicable laws), veteran status or any other protected status. Creatives will not make any posting or employment decision that does not comply with applicable laws relating to labor and employment, equal opportunity, employment eligibility requirements or related matters. Creatives will not require in a job posting or otherwise U.S. citizenship or lawful permanent residency in the U.S. as a condition of employment except as necessary to comply with law, regulation, executive order, or federal, state, or local government contract requirements.
No Guarantee of Employment: As a potential employee, you understand and agree that Creatives: (a) does not guarantee or warrant that you will receive any employment or job offers through this website or by use of the Services; (b) shall not be responsible for any employment offers, employment screenings, background checks, employment decisions including but not limited to termination of employment; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including but not limited to, job openings and employment listings, and (e) is neither your employer nor your agent in any regard if you are only seeking and accept full-time, permanent employment with a hiring party that is not Creatives. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party and, ultimately, deciding whether to accept, reject, or terminate an employment opportunity. Any temporary, part-time, or contract-based employment offered to you by Creatives is "at will", which means that such employment is not guaranteed to continue for any certain period of time, and either party has the right to terminate the relationship at any time, for any reason or no reason.
Registrant Account, Password and Security: You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Creatives of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Creatives cannot and will not be liable for any loss or damage arising from your failure to comply with your obligations set forth in this section. You agree that your Creatives account is non-transferable and any rights to your Creatives account identification information, log-in credentials, or contents within your account terminate upon your termination of the account, Creatives termination of your account according to its right to do so herein, or your termination of employment from a hiring party and non-activity of your account for a period of 90 days after the end of your employment with a hiring party.
Registrant Conduct: You acknowledge, consent and agree that Creatives may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the these Terms; (c) respond to claims that any entries violate the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Creatives, and its employees.
You understand that the technical processing and transmission of the Service, including your entries, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Creatives and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
General Practices Regarding Use and Storage: You acknowledge that Creatives may establish general practices and limits concerning the use of this website and its Services. You agree that Creatives has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted through this website. You acknowledge that Creatives reserves the right to log off and terminate accounts that are inactive for an extended period of time. You further acknowledge that Creatives reserves the right to modify these general practices and limits from time to time.
Termination of Your Account by Creatives: You agree that Creatives may, under certain circumstances and without prior notice, immediately terminate your Creatives account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Services (or any part thereof); (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Creatives account includes: (a) removal of access to all offerings within the Services, including but not limited to time card verification and candidate databases; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of this website and the Services. Further, you agree that all terminations for cause shall be made in Creatives' sole discretion and that Creatives shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Services.
Rewards: Rewards and prizes received from this website constitute taxable income for purposes of federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from Creatives, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.
Blogs: The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Creatives or any agent or employee of Creatives. Creatives is not responsible for the accuracy of any of the information supplied by bloggers. Creatives is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.
Disclaimer of Warranties: Your use of this website is at your own risk. This website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the website. The descriptions, pictures and other representations of products on this website may contain inaccuracies and errors. Creatives makes no warranty that your use of this website will be uninterrupted, timely, secure, or error-free. Creatives does not make any warranty or representation with respect to the accuracy or completeness of any such information. The job openings offered have not been independently verified or authenticated in whole or in part by Creatives. Creatives has no liability for any errors or omissions in the materials, job offerings, or interview schedules, whether provided by Creatives or third parties.
THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS", "WHERE-IS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY. CREATIVES, FOR ITSELF, ITS EMPLOYEES AND AGENTS, AND ANY THIRD PARTY PROVIDING JOB OPPORTUNITIES, MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE OR THAT THIS WEBSITE WILL BE UNITERRUPTED AND SECURE AND AVAILABLE AT ALL TIMES. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. CREATIVES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF CREATIVES HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, CREATIVES DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NEITHER CREATIVES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES.
Applicable Law and Time to File Claim: Any action related to these Terms will be governed by the law of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms and/or your use of the website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.
Local Laws; Export Control: Creatives controls and operates this website from its office locations in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Indemnification for Unauthorized Activities: Submissions and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Creatives and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
Waiver and Severability of Terms: The failure of Creatives to exercise or enforce any right or provision of these Terms or a provision in any other agreement between you and Creatives shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Electronic Contracting: Your affirmative act of using or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into the Terms with Creatives electronically. Additionally, any document or agreement between you and Creatives (or signature page thereto) signed and transmitted by facsimile machine or e-mail or with an electronic signature is to be treated as an original document. The signature of any party thereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document.
© 2018. Creative On Call Inc. All rights reserved.
CANDIDATE AGREEMENT (for employment)
This Candidate Agreement ("Agreement"), dated as of June 20, 2018 is entered into by and between CREATIVE ON CALL, INC., a Missouri corporation ("Creatives") and ("Candidate" or "you").
In consideration of the mutual promises set forth herein, Candidate agrees as follows:
- Creatives is a staffing and job-placement agency that identifies and assists candidates who are seeking temporary, part-time, full-time, contract-basis, or permanent-basis jobs by its Clients. As used in this Agreement, a "Client" means any employer company, organization, association, group or individual that has asked Creatives to present relevant job-seeking candidates to perform services or for employment.
- This Agreement does not create an employer-employee relationship between the Candidate and Creatives if you are seeking a full-time, permanent-basis position. As such, Section 3 is not applicable to you, however, you agree to all other terms and conditions of this Agreement.
- If you are seeking temporary or part-time employment (or accept temporary or part-time employment while still pursuing a full-time, permanent-basis position), then this Agreement hereby creates an employer-employee relationship between you and Creatives (and Section 2 does not apply to you). As a temporary or part-time employee, Creatives is your employer and, as such, is responsible for the payment of all wages and withholding and payroll taxes relating to your employment. Creatives will not provide any benefits or insurance for you (except as required by applicable law). You neither have, nor will you hold yourself out as having, any right, power or authority to bind Creatives. The employer-employee relationship between Candidate and Creatives is "at will", which means that such relationship is not guaranteed to continue for any certain period of time, and either party has the right to terminate the relationship at any time, for any reason or no reason.
- Candidate is not obligated to accept any particular job or job assignment presented by Creatives. Candidate must use Candidate's own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party and, ultimately, deciding whether to accept, reject, or terminate an employment opportunity.
- Candidate agrees to devote specified working and professional time and efforts to the interests of the Client and to perform all duties in an efficient, trustworthy, and competent manner for any job Candidate accepts.
- Creatives will negotiate the hours you agree to work and the compensation you agree to accept for your services on your behalf with the Client. Candidate shall not, directly or indirectly, negotiate or accept any assignment hours, compensation, duties, services or additional work with Client. Rather, all such negotiations shall be between Client and Creatives. The compensation you accept for your services is your private information and Creatives recommends that you refrain from discussing your compensation with any other party, including another candidate who is seeking work in your industry. If you reveal your compensation to another person, Creatives reserves the right to terminate this Agreement.
- The relationship Creatives develops with you and with each Client is valuable to Creatives. As such, Creatives will only provide your resume and other relevant job-application information to a Client after obtaining your approval to do so. At such time, if you have a prior or existing relationship with the Client (or with an individual employed with the Client), then you are obligated to inform Creatives of your prior or existing relationship. If, however, you either fail to tell us about your prior or existing relationship with a Client (or an individual employed with the Client), and you authorize us to submit your resume and relevant job-application information to the Client, then you waive your ability to pursue employment with such Client without the help of Creatives. If you authorize Creatives to submit your resume and relevant job-application information to any Client, then you authorize Creatives to establish the relationship between you and a Client, which entitles Creatives to the collection of its placement fee if you are hired for the position.
- Candidate agrees that Candidate will not accept employment of any kind or nature (including temporary part-time, temporary full-time, contract, or permanent) with any Client for a period of one (1) year commencing either from the day of the first interview Creatives arranged between you and a Client, or from the last day you perform services for Client (through Creatives), whichever is later, even if Candidate works with another staffing agency. The restrictions in this section, however, do not prevent you from accepting employment with any Client for which you never interviewed or performed services through Creatives or with whom you had a prior or existing relationship (as described in Section 7) and you informed Creatives of such prior or existing relationship (as required in Section 7). Your obligations under this Section 8 shall survive the termination or expiration of this Agreement for any reason or no reason.
- If you accept employment with any Client in violation of this Agreement, Creatives reserves the right to demand and collect the placement or conversion fee owed to Creatives by the Client directly from you as well as all costs incurred by Creatives in enforcing this Agreement (including attorneys' fees and costs). In addition, Creatives shall be entitled to any other remedies at law or in equity it may have, including injunctive relief and specific performance of your obligations under this Agreement, as well as any additional relief that may be granted by a court of competent jurisdiction, without posting a bond or proving actual damages. Candidate hereby agrees to indemnify and hold harmless Creatives, its agents and employees, and its successors and assigns from any damage, loss, cost, expense, penalty or liability (including reasonable attorneys' fees, expert witnesses' fees, and the cost of enforcing this indemnity) arising out of or resulting from: (i) the inaccuracy of Candidate's representations and warranties; (ii) failure by Candidate to comply with applicable laws and regulations; (iii) the failure or refusal by Candidate to perform Candidate's obligations under this Agreement; (iv) use of materials that infringe, or are alleged to infringe, upon the intellectual property rights of a third party provided by Candidate to a Client, or (v) gross negligence or willful misconduct by Candidate.
- Candidate will maintain complete and accurate records of all of Candidate's time spent on each job assignment and to submit such records when due to Creatives.
- Candidate will abide by each Client's specific rules, regulations, and codes of conduct while rendering services to such Client. In addition, Creatives has a "no drug" policy and any evidence of abuse by Candidate of alcohol, drugs, or chemicals will result in the immediate termination of this Agreement by Creatives and the termination of Creatives' placement services for you with any of its Clients.
- Except for Candidate's pre-existing template tools, methodology and other confidential information used to create the Work Product (defined herein), the Client shall be the sole and exclusive owner of all right, title and interest in and to the Work Product. For purposes of this Agreement, "Work Product" means all work product created by you in connection with your performance of services, including but not limited to all deliverables, documentation, reports, computer software (excluding background and design software used to create the Work Product), designs, data, inventions, drawings and all other work products created or made by you or on your behalf in providing services to Client. You represent and warrant that the Work Product will not, to your knowledge, infringe or misappropriate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party. Notwithstanding the foregoing ownership rights in the Work Product, such ownership shall not prevent Candidate from using Candidate's template tools, methodologies, confidential information, technology or techniques of general applicability to develop similar products for others.
- Candidate shall not, without the express prior written consent of the Client, either during your employment or after the termination of your employment with a Client, use, sell, copy, transfer, show in your portfolio, or otherwise make use of (either for yourself or any third party other than the Client) any of the Work Product, or any of the Client's confidential and proprietary information, business information, or trade secrets.
- Creatives and Candidate agree that either party may terminate this Agreement and any employer-employee relationship between them at any time for any reason or no reason.
- This Agreement and the rights and obligations of the parties hereunder are to be governed by, construed and interpreted in accordance with the laws of the State of Missouri, without regard to choice or conflict of laws rules.
- This Agreement may be executed and transmitted by facsimile, electronic mail, via Internet and with an electronic signature or electronic "click" signature in any number of counterparts, all of which taken together shall constitute one in the same instrument. The signature of any party thereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document.
© 2018. Creative On Call Inc. All rights reserved.