Certain entities are obligated to comply with certain provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, the Rehabilitation Act of 1973, as amended, and Executive Order 11246, as amended, and the rules and regulations issued with respect thereto. Compliance with these statutes, orders, rules and regulations is enforced by the Office of Federal Contract Compliance Programs, or the “OFCCP”, and for purposes of this Term Sheet compliance with these statutes is referred to as “OFCCP Compliance” and an entity that is in compliance therewith is referred to as “OFCCP Compliant”.
In consideration of the payments set forth in the Service Order and Client’s fulfillment of its obligations under this Term Sheet and the Agreement, JobTarget shall provide the following services for up to the Number of Jobs indicated on the Service Order, during the term stated in the Service Order.
- JobTarget shall post Client’s jobs onto the appropriate state job bank, as best determined by the location listed in the Job Description of the job listing, provided that Client has a valid employer account with the appropriate state job bank and has provided the necessary login credentials to JobTarget. Jobs will be posted one time, and JobTarget does not make any guarantees regarding how long the posting will be displayed.
- If indicated on the Service Order that the Client selected OFCCP Outreach Advertising, JobTarget shall further distribute the Client’s jobs to its OFCCP Compliance Support Advertising Partners. These partners may change at any time and without notice. Jobs will be posted one time, and JobTarget does not make any guarantees regarding how long the posting will be displayed.
- If indicated on the Service Order that the Client purchased Proof Collection, JobTarget shall attempt to collect image screenshot proofs of jobs posted onto the site(s) for which Proof Collection was purchased and shall store these images, subject to the terms in Data Storage section below.
- General customer support related to status of postings or issues using 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 service to be provided with an estimated cost before beginning any engagement.
JobTarget shall store records of the posting activity it performs on behalf of Client, as it relates to this service. This storage shall end with respect to any record on the earlier of (1) the date this Term Sheet expires or is terminated or (2) the third anniversary of the initial storage of such records.
Access to Data
Client shall have access to online reporting, related to the OFCCP Compliance Support Service. This online environment shall include a full-record of jobs posted and details of the posting activity for the previous thirty-six (36) months. If Client has selected the Proof Collection service, 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 time of request. This data will be provided within thirty (30) business days from date of termination.
JobTarget shall use commercially reasonable efforts to list the requested by Client on the appropriate state job banks for the specified period. It is understood by Client that JobTarget does not manage or monitor these state job banks for compliance and cannot guarantee the jobs will be listed within the appropriate time period, for the full duration, or at all. JobTarget will also use commercially reasonable efforts to collect image proofs, but JobTarget may not be successful, in all cases, of collecting an image proof of the job on the state job banks. Client further acknowledges that JobTarget’s OFCCP Compliance Support Solution does not make Client OFCCP Compliant in whole or in part. Such compliance is determined by the efforts and decisions made by the Client and the determinations made by OFCCP.