OFCCP Compliance Services Term Sheet

Last Updated: April 7, 2023

The following terms (“Term Sheet”) apply to the OFCCP CompliancePost, OFCCP Local Outreach and OFCCP Activities products and services (“OFCCP Compliances Services”) and are incorporated by reference into the applicable Service Order and form part of the Agreement between JobTarget and the Client as set forth in the Service Order. JobTarget may modify these terms at any time. By continuing to use JobTarget’s services, you are agreeing to any such modified terms.

Services

JobTarget shall provide the following services as set forth in the applicable Service Order to support the Client’s efforts to fulfill the compliance requirements established by the Office of Federal Contract Compliance Programs (“OFCCP”).

  • JobTarget shall post Client’s jobs to the appropriate state job bank(s), as best determined by the location listed in the job description provided by the Client. Client must have a valid employer account with the applicable state job bank and provide the necessary account login credentials to JobTarget. Each job will be posted one time, and JobTarget does not make any guarantees regarding how long each posting will be displayed.
  • Client grants JobTarget permission to use its account login or access credentials for the applicable state job banks and job sites to post Client’s jobs.
  • If Client has purchased OFCCP Local Outreach, JobTarget shall distribute the Client’s jobs to its OFCCP Local Outreach Partners or Client may choose its own local outreach partners. These partners may change at any time and without notice. JobTarget does not make any guarantees regarding whether the Local Outreach Partners will post a job or the duration of any such job postings.
  • If Client has purchased OFCCP CompliancePost, which includes the OFCCP Media Package, the job boards included in the OFCCP Media Package are subject to change at any time and without notice.
  • If Client utilizes the email function of the Local Outreach App, Client agrees that it will send messages to local outreach partners solely for OFCCP compliance related purposes. Any other use is prohibited.
  • If applicable to the service purchased, JobTarget shall attempt to collect image screenshot proofs of jobs posted on the job site(s) and shall store these images, subject to the terms in the Data Storage section below.
  • JobTarget will provide general customer support related to the status of postings or issues relating to JobTarget’s technology.
  • Consulting Services are available for an hourly rate or on a per project basis. These services can assist with compliance outreach strategy, OFCCP audit support, OFCCP compliance training, and other services. JobTarget shall provide Client a summary of services with an estimated cost before beginning any engagement.
  • Client represents and warrants that its job postings comply with all applicable laws and regulations and that its job postings do not violate applicable laws, including Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission’s (“EEOC”) regulations, and local, state, federal or other laws prohibiting discrimination of applicants and/or requiring pay transparency. Client further represents and warrants that its job postings will not violate the rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, or defamation.
  • Notwithstanding the terms herein, JobTarget’s Easy Apply and Hosted Apply Product Term Sheet also applies if Client’s jobs are posted with Easy Apply or Hosted Apply.

Data Storage

JobTarget shall use commercially reasonable efforts to store records of the job posting activity it performs on behalf of Client, as it relates to the applicable service purchased, for three (3) years from the date of the job posting. JobTarget reserves the right to delete stored records if Client fails to make payment as required by the applicable Service Order or if JobTarget terminates this Service, in which case JobTarget reserves the right to provide Client with a copy of its job posting activity in lieu of storage.

Access to Data

Client shall have access to online reporting related to the OFCCP Compliance Services, which shall include a full record of jobs posted and details of the posting activity for the previous thirty-six (36) months. If Client has purchased a product including proof collection and JobTarget successfully collected a proof, Client will be able to download these proofs online or may request a bulk download if Client is in an OFCCP Compliance Evaluation/OFCCP Audit. It may take up to four (4) business days from the time of request for JobTarget to provide the data. Upon termination of service, Client may request to receive a bulk download of proofs which have been collected and are currently stored at the time of the request. This data will be provided within thirty (30) business days from date of termination.

Disclaimers

JobTarget shall use commercially reasonable efforts to advertise the job postings requested by Client on the appropriate job sites for the period specified in the Service Order. It is understood by Client that JobTarget does not manage or monitor the job sites and cannot guarantee the jobs will be listed for the applicable time period or at all. It is Client’s responsibility to provide JobTarget with complete account and job posting information in a timely manner and failure to do so may result in delays or JobTarget’s inability to post a job. JobTarget will also use commercially reasonable efforts to collect image proofs where applicable to the service purchased, but JobTarget may not be successful in all cases in collecting an image proof of the job on a job site. Except as set forth above and without limiting or modifying the Limited Warranty in the General Terms and Conditions and Terms of Use, JobTarget makes no representations or warranties that JobTarget’s OFCCP Compliance Services will ensure that Client is compliant with OFCCP requirements in whole or in part. Such compliance is determined by the OFCCP. JobTarget disclaims any liability if Client is found to be non-compliant by the OFCCP or in violation of any laws, statutes, orders and/or regulations. JobTarget cannot guarantee that job applications received by Client will be complete or fully compliant with OFCCP regulations or applicable laws. JobTarget further makes no representations or warranties as to the types or quality of candidates who may apply to Client’s jobs.

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