This Contract for Services is made effective as of 02/05/2023 , by and between you the end user (“You” or “Student”) and AlwaysHired Inc. of 535 Mission Street, 14th Floor, San Francisco, California 94105 (“We” or “Company”).
1. DESCRIPTION OF SERVICES. AlwaysHired Inc. will provide the following services (collectively, the "Services"): Sales training and job placement support.
A. SSales training is described as virtual instructor lead technology sales training course. Includes SDR training on Salesforce, Outreach, CrunchBasePro and more.
B. Job placement support refers to introductions to AlwaysHired Inc. Hiring Partners, live check-ins, live interview preparation, and offer letter review.
2. PAYMENT. A Payment shall be made to AlwaysHired Inc, San Francisco, California 94103 in the amount of $200 for Membership. Payment can be made via debit or credit card. This covers the training materials, tools and other essentials for Day 1. This payment is non-refundable.
As a student on our Tuition Free Sponsorship program, You must adhere to the AlwaysHired Inc. Training & Placement Guidelines, listed below, at all times. Failure to do so will result in damage to our reputation as well as to future students’ chances at getting jobs. Therefore, any violation of the Training & Placement Guidelines may result in immediate expulsion from the program, at our sole discretion.
Should you be terminated by your new employer with or without cause, you must notify AlwaysHired Inc. Should you be terminated for poor attendance, fraud, physical or verbal attacks, or conduct detrimental to the team you must notify AlwaysHired Inc. Should you be subject to any disciplinary action, warning, suspension or put on a performance improvement plan by your employer within your first 3 months on the job, you must notify AlwaysHired Inc.
Since launching in 2015, these guidelines have landed 250+ people SDR jobs in the technology sector. Do not come to training if you cannot adhere to the AlwaysHired Inc. Training & Placement Guidelines.
2a. AlwaysHired Inc. Training & Placement Guidelines:
3. TERM. This Contract will remain in effect unless mutually terminated by the parties. In the event You violate the AlwaysHired Inc. Training & Placement Guidelines, then AlwaysHired Inc. may terminate the agreement effective immediately.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, materials, or other information that AlwaysHired Inc. shares with You in connection with the Services (collectively the "Work Product") is the exclusive property of AlwaysHired Inc., and You agree not to share any Work Product with any third parties, without the prior written approval of AlwaysHired, Inc. Upon request, You will execute all documents necessary to confirm or perfect the exclusive ownership of AlwaysHired Inc. to the Work Product, and confirm that You have are obligated to not share the Work Product with third parties.
5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The failure to adhere to and abide by the AlwaysHired Inc. Training & Placement Guidelines. c. The failure to make available or deliver the Services in the time and manner provided for in this Contract, and to remedy such a failure within 30 days of written demand.
6. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have five days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
8. DISPUTE RESOLUTION. Any controversy or dispute between the parties shall be resolved by arbitration under the Federal Arbitration Act and before the American Arbitration Association (AAA) in accordance with AAA's then governing Commercial Arbitration Rules. The arbitration proceeding shall be held in San Francisco, California or at a location mutually agreed to by the parties in writing. The administrative cost of the arbitration and the arbitrator's fee shall be shared equally by the parties. The arbitrator in such an instance shall have no authority to modify the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. Both parties are responsible for their own attorney's fees and costs incurred in connection with such arbitration.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
12. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
13. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
16. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
17. MARKETING PARTNER. You agree to create a 30-60 second video on your experience with AlwaysHired Inc. In addition, you agree to write one blog post of at least 500 words (about 1 page) once you land your job. You agree that we may use all audio and video content at our sole discretion. If you do not wish to be a marketing partner, you can opt-out by paying $1,000.
18.HIRING PARTNERS. AlwaysHired Inc is committed to landing students jobs at world class technology companies. In order to maintain our Tuition Free model it is imperative that students get jobs with Hiring Partners. All Hiring Partners must operate in the Tech Industry, offer a minimum of $40,000 base (most are $50,000+), have a $60,000-$90,000 first year OTE, and offer W2 employee engagements with benefits. By working with AlwaysHired Inc you agree to make us your exclusive recruiter for 100 days, refraining from applying directly or indirectly to any jobs while this agreement is active. You can work with AlwaysHired Inc on a non exclusive basis, attend training and work for a non Hiring Partner for a fee of $2,499, paid up-front and in full. If you violate the exclusivity clause you will be required to pay $2,499 at the time the violation occurs.
19. LIMITATION OF LIABILITY. IN NO EVENT WILL CLIENT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. CLIENT’S TOTAL CUMULATIVE IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF COMPENSATION AND EXPENSES OWED BY CLIENT TO COMPANY FOR SERVICES PERFORMED UNDER THIS AGREEMENT.
20. MODIFICATION OF AGREEMENT. Any amendment or modification of this Agreement or additional obligations assumed by either party in connection with this agreement will only be binding if evidenced in writing and signed by an authorized representative of each party. If this agreement is not signed within 3 days the terms will expire.
21. NON DISCLOSURE. You agree that the sole purpose of working with AlwaysHired Inc. is to obtain a technology sales job. You will not share material, communication our network access, or any other AlwaysHired Inc material without explicit written consent from AlwaysHired Inc.
22. SIGNATURES. This Agreement shall not require signatures and accepting the terms will legally be considered binding on behalf of Gabriel Moncayo, Co-founder & CEO on behalf of AlwaysHired Inc. and Student.
The foregoing is agreed to by the undersigned as of the date first written above.