GENERAL

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by TrackApplicants Solutions Inc. (“TrackApplicants”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between TrackApplicants and the individual or entity who subscribes to our service (“Subscriber” or “you”).

By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. TrackApplicants may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that TrackApplicants believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

TrackApplicants may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to Terms & Conditions Page. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

SERVICES

TrackApplicants offers multiple Applicants tracking and storage as well as support services for the duration of the service term purchased from TrackApplicants.

Services are provided on the basis of facility and equipment availability. TrackApplicants reserves the right to modify, change, or discontinue any aspect of the Services at any time. Access to the web and services are terminated upon expiry of the Service.

Details regarding your account can be found in your account control panel

RESELLING

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.

TrackApplicants’s services are provisioned in a shared environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by TrackApplicants administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

SERVICE FEES / PAYMENTS / INVOICES

All TrackApplicants fees and charges are quoted and billed in US Dollars unless otherwise noted. Members have the option to pay services fees in Canadian Dollars or US Dollars. If Canadian Dollars is selected as the billing currency, Members will be charged the Canadian Dollar equivalent of the US Dollar total. The exchange rate used (“Exchange Rate”) is subject to change from time to time.

TrackApplicants uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, TrackApplicants may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

  • TrackApplicants may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
  • Service fees are due at the time of order or on the day of renewal. Also fees must be paid in full. Invoices for all TrackApplicants services can be found by logging into your account control panel.
  • Billing inquiries and disputes should be brought to TrackApplicants’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, TrackApplicants reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

  • Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
  • Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
  • TrackApplicants reserves the right to modify service fees and rates, effective upon posting on the TrackApplicants website or on this Agreement. Current service charges include the following (non-exclusive list):

DEFINITION OF "NO TRANSACTION FEES"

TrackApplicants does not charge you any fees relating to the processing of transactions under your account (“Transaction Fees”). However, your selected payment processor, such as PayPal or Stripe, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.

TERMINATION / PLAN CHANGE / REFUND POLICY

TrackApplicants may terminate your Service under the following circumstances (non-exclusive list):

  • Non-payment of fees
  • You are in breach of any term or condition of this Agreement
  • Your use of the Service disrupts TrackApplicants business operations or affects any other party
  • All Subscriber data is removed from TrackApplicants servers for such terminations.

You may request account termination of plan changes at any time by contacting our Customer Service team either through phone or case ticket. Our contact information can be found on the Support Page

When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

  • Refunds will not be given for services that are billed monthly or for one-time service fees: You
  • Only one refund may be issued for each invoice. TrackApplicants reserves the right to grant or deny any refund requests.

SUBSCRIBER RESPONSIBILITY

When you apply to use TrackApplicants services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL TrackApplicants BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

PROHIBITED CONDUCT

TrackApplicants does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the TrackApplicants network or promoting information on websites hosted by TrackApplicants will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behavior prohibited by the Service: Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.

Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a TrackApplicants account will result in immediate account suspension.

Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.

  • Content or otherwise that exploits children under 18 years of age.
  • Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  • Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  • Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any TrackApplicants service, solution or technology.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).

NOTICES

You agree that, unless other instructions are posted on TrackApplicants’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for TrackApplicants posted on the TrackApplicants website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

PRIVACY

The TrackApplicants Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The TrackApplicants Privacy Policy is subjected to modification from time to time, and such changes are effective upon posting of the modified Privacy Policy Page.

Email newsletters will only be sent directly by TrackApplicants. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by TrackApplicants’s designated customer review software provider for customer experience and service feedback.

RESERVATION OF RIGHTS

TrackApplicants reserves the right and sole discretion to:

Censor any website hosted on its servers that is deemed inappropriate.

Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.

Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.

Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against TrackApplicants or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that TrackApplicants determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.

Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

LIMITATION OF LIABILITY

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. TrackApplicants makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. TrackApplicants is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by TrackApplicants.

GOVERNING LAW

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted at Terms & conditions Page, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

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