Terms of Use – The Restaurant Zone

INTRODUCTION

Welcome to www.therestaurantzone.com (the “Website“, “software“). The Website is owned and operated by The Restaurant Zone LLC. (“RZ“, “RestaurantZone“, “The Restaurant Zone“, “us” or “we“).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR OUR SERVICES/PRODUCTS. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control. Please note: The following terms of use also apply specifically to recruitment services. Any customers, clients, or users receiving qualified candidates via email from RZ are bound by the terms outlined below.

RestaurantZone Recruiting Services (Executive Search, Management & Hourly) – Direct Hire, Permanent Placements, Temporary Placements and General Recruitment Services:
All clients/customers are bound by the terms and use outlined on this page and all users are bound to these when using RestaurantZone’s Recruiting Services. In addition, the customer (client) is bound to the customized contract that is executed on Hellosign and/or Kajabi. This Agreement (“Agreement”) sets forth the terms and conditions pursuant to which The Restaurant Zone LLC (“RZ”) has been engaged by Company (“Client” or “Company”) to provide recruiting and placement services for Company (the “Services”). Each of RZ and the Company shall be known as a “Party” or collectively the “Parties”. Company is the Company defined and set forth below.

Below are terms that apply to all customers, clients and users of RZ:

1) Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. The customer (client) authorizes RZ to charge them fees or invoice them fees for services. Refunds (if any) are at the absolute discretion of The Restaurant Zone. Please email contactus@therestaurantzone.com for a refund request/approval.

Hourly Recruiting Services: RZ will receive its first weekly payment. Then the client is billed thereafter, every week for the services provided. The client is only billed for work that RZ provides  (hours per week). All charges are non-refundable. The client may upgrade their plan, downgrade, cancel or pause services at any given time. Written or verbal notice is required for upgrade, downgrade, pause, or cancelation.

2) The RZ Setup Fee / Admin Fee is non-refundable. However, you may request a refund if no candidates are presented within a 60-day window. Please email accounting@therestaurantzone.com for assistance. Please note the admin fee renews every 6-12 months. Renewal of the annual fee ensures you continue receiving service, spent resources on your account, credits, and locks in your rate/guarantee. If this is not paid, then your rate may be subject to increases in the future. The admin fee is billed via the saved card on file, invoiced, or via ACH/wire. Please note the reoccurring admin fee is not refundable and bills automatically on the credit card placed on file. Termination Fee & Cancelation Fee: A $2500 Termination/Cancelation Fees may apply on certain accounts that had many resources applied. It will be charged if a client/customer has used many paid resources and have received many qualified candidate submissions. The termination fee will cover any remaining costs associated to a project: recruitment labor, technology costs, advertising/marketing, etc. The fee is in an amount similar to the admin/setup fee.

3) Replacement Guarantees can be revoked if there are violations to these terms of use outlined on this webpage or if there are violations to the contract that a customer (client) executes. A client has 6 months to redeem the replacement guarantee, otherwise, it becomes invalid.

4) Executive Search Fees for C-Level Candidates, Chairman, Board of Directors, VP-Level, Partners, Directors, Management, and any Executive shall comply with the contract executed and to these terms outlined on this page. In particular, fees due to RZ shall be a percentage (%) of total compensation outlined in the client contract. In circumstances, where an Executive invests, buys equity/debt, or puts up capital for an opportunity with one of RestaurantZones clients. The following fee structure applies:
a. RestaurantZone shall receive anywhere between 4% to 10% (market rate) as a referral fee for any candidate (or entity) referred by RestaurantZone that invests, buys equity/debt, infuses capital, or invests real assets into a client opportunity. For example: If the Executive invests $10,000,000 or provides a real asset of $10,000,000 (E.g. property, etc.) to the Customer (client). RZ will be due 4% to 10% of this amount, equating to a sum of $400,000 to $1,000,000 in fees due. 
b. The fee percentage (%) above shall be due immediately (once the funds or assets are cleared or a contract is executed) and these fees may be subject to being invoiced alongside other fees due, including recruiting fees.

5) RZ Duties: Full-cycle recruiting: Passive & Active sourcing candidates, marketing the position(s), screening candidates, background checks, reference checks and candidate due diligence, scheduling interviews and assisting with offer letter negotiations and consulting. Handling recruiting every step of the way.

6) For Candidates hired by Company, the fee paid by Company to RZ shall be the fee stated in Exhibit A (the “Fee”). An amount is collected upfront, billed on the credit card provided. Additionally, candidates referred by RZ and hired by the company will be billed % of salary. Billings will occur on the candidate start date, automatically via the credit card provided.

7) Candidate Guarantee: If the Candidate shall cease to provide services to Company/Client during a certain period determined by the contract following commencing services with the Company, RZ shall have the option to replace such Candidate, one time only. Please note: Replacement Guarantee for each candidate hire. In the rare event the candidate is terminated during this time period, RZ shall replace the candidate, and if applicable, at no cost to you. Replacement guarantee is only applicable if candidate is terminated due to RZ negligence. Client’s termination of Candidate, due to Candidate not being qualified to serve in the Position (in a manner not reasonably known by RZ and Client at the time of retaining Candidate); provided, such termination follows applicable law and not a wrongful discharge. RZ is also not held liable to replace candidates who quit on his or her own accord, illness, acts of God, and other ways determined by RZ.

8) RZ Duties (cont’d): RZ shall perform its duties in a prudent, professional and diligent manner, subject to Company’s instructions and in compliance with law. The Parties will cooperate with each other in good faith to effectuate the terms of this Agreement and take any such additional action as required in furtherance of the intent of this Agreement. while RZ provides reference and background checks for its own purposes, it does not verify any claims made by candidates. The Company agrees to do such diligence, as it deems appropriate, including independently verifying any personal, employment, legal status or educational representations made by the Candidate. The Company will be wholly responsible for its decisions and RZ will have no responsibility or liability for the quality, performance, malfeasance or wrongdoing of any Candidate referred to the Company.

9) If the automatic charge is not available to RZ for any reason whatsoever, payment shall still be due within such period; provided, to the extent not fully and timely paid, the replacement guarantee becomes voided effective immediately and the fee of accruing nine point seven five percent (2.08%) monthly late fee will be charged on all amounts due commencing ten (10) days following date due; provided, further, Client shall not be entitled to Courtesy Action (as defined below) if payments are not made in full within ten (10) days following the date due. The 2.08% fee will accrue monthly and continue until full payment is made. If a client performs a credit card or debit card chargeback or dispute inquiry, an additional fee of $250.00 (per chargeback/inquiry) will occur for each chargeback. If a candidate is hired without notification to RZ (fraudulently or secretly hired) and the Client fails to notify RZ of the hire, the finder’s fee would be due in addition to the monthly late fee of (2.08%) and an additional payment fee of $10,500.00 (per backdoor hire) would be due to RZ immediately resulting from actual damages sustained by RZ as a result thereof. Please note that RZ has a two-tier system that detects backdoor hires & a compliance team that verifies each candidate’s employment status periodically. Please note: All payments will be processed electronically via Credit Card, ACH, or Wire transfer via RZ’s third-party payment processor Stripe. If payment is processed in other means, physical check or other method a $999.00 fee will apply per payment. RZ has a strict adherence to being paperless and green, so we’d appreciate payment being handled digitally and electronically.

The replacement guarantee becomes void if an employee experiences wrongful termination or voluntary resignation due to any of the following reasons:
– Engagement in unsafe, illegal, or unethical business practices (such as discrimination).
– Exposure to a toxic work environment or culture (including instances of bullying or lack of training/onboarding).
– Discrepancies between the actual job responsibilities, salary, benefits, working hours, and expectations, in comparison to what was outlined in the signed offer.
– Failure to adequately communicate issues to the employee and neglecting to provide a structured performance improvement plan (PIP).

Responsibility Stipulation – In the event of hiring failures (e.g., when the client terminates an employee or an employee resigns), a thorough investigative review will precede the granting of the replacement guarantee to the client. This review aims to confirm eligibility and assess the factors contributing to the hiring failure.

If the client does not pay their invoice by the due date then the replacement guarantee becomes void. Clients are required to use their replacement guarantee within 3 months of a hiring failure. The replacement offer expires after 90 days. Replacement Guarantee Period for Hourly Hires: 14 days from the candidate’s start date.

10) If the Company has an unpaid or outstanding invoice or account balance for any RZ product/service, RZ reserves the right to suspend or terminate the Company’s use of that RZ product/service as well as any other RZ service/product, including but not limited to those RZ products where Company does not have an unpaid invoice or account balance.

11) Limitation on Liability: In no event shall RZ be liable to the Client, whether in contract or in tort or under any other legal theory, for lost profits or revenues, loss of use, or similar economic loss, or for any indirect, exemplary, special, incidental, consequential, punitive or similar damages, arising out of or in connection with the performance or non-performance of this Agreement, or for any claim made by any other party, even if RZ has been advised of the possibility of such claim. In no event shall RZ’s liability exceed the amount paid by Client to RZ in connection with the Services hereunder for this Position. Client shall indemnify RZ in connection with any claim of wrongdoing by Client or in connection with the consideration, review, placement, or retention of Candidate. In the event RZ shall be required to take legal action or commence legal proceedings to enforce the terms of this Agreement, Client shall reimburse RZ for all out-of-pocket expenses, including reimbursement of all attorney’s fees, court costs and related necessary expenses in additional to any other relief to which RZ may be entitled to.

12) Note: RZ will provide appropriate staffing for the project, including support by recruiting partners, senior recruiters, junior recruiters and/or junior sourcers. If additional service work is requested beyond the scope of this agreement, please call 1-800-513-5096, email your representative or contact contactus@therestaurantzone.com for approval. RZ leverages a copious amount of paid resources and undergoes this cost to help complete client projects this includes but is not limited to recruiter billable hours, advertising payments, database payments, background check costs, operation/software costs and more. Please note any client that does not respond within 5 business days to our recruiter candidate submission emails and/or “ghosts” our recruiters in the middle of a project search assignment will be subject to be billed the “one-off setup fee” listed above or depending on the project scope, will be billed $95/hour for the work. If the client passes on 4 or more qualified candidates in a row and does not schedule at least a phone call with candidates, the client will be subject to this fee for resources/billable hours. Finally, if the client is responsive after a warning but then continues to waste RZ resources, billable hours and continues to not respond to emails and communications RZ will bill accordingly, for billable hours (using the equation of hours x $95/hour). If a search project is paused and copious amounts of resources have been exhausted on a search, RZ will bill $95/hour. RZ Recruiting Services is not a free resource and if a client does not make any hires and just wants to evaluate candidates (without making an offer), we will bill a minimum of $95/hour for recruitment labor, resources, marketing, advertising and other technology costs (especially if the labor/resources expended exceeds the “one-off setup / admin fee”).

13) All sales are final: All sales for recruitment services are final, this includes any of the services we offer: direct-hire, quick-hire, hourly staffing, management staffing, executive recruiting, etc.

14) Replacement Guarantee shall work on a credit system, once the candidate starts working at the client’s firm. For example: If the candidate leaves on the 30th day and the client has a 60-day replacement guarantee. Then the replacement would be billed at 30 days. Which would equate 50% of the finders fee due for the replacement candidate. Here is a mathematical example to further illustrate how this would work: Let’s assume a finders fee of $7,000.00 and if a candidate leaves on 45-day mark, remaining days/credit is 15 days. Therefore, the math would be $7,000 less the 15-days ($1750) = $5,250.00 for the replacement candidate. Additionally, for replacement guarantee searches an additional Admin. / Setup Fee (Retainer) may be charged on your account, based on the search specifications, requirements and additional resources to be deployed.

15) If a candidate leaves slightly past the guarantee period (within a window of 45 days or less). RZ Leadership may approve a discounted replacement at 25%-50% reduced fee structure (a one-time fee exception for this scenario). RZ Leadership will determine this based on client relationship & project scope. Once approved, these would be issued in writing to the client.

16) Governing Law & Dispute Resolution:
This Agreement shall be interpreted, construed, performed and enforced under
and in accordance with the laws of the State of New York without regard to
principles of conflicts of law. The Parties agree to appoint a director (or individual
of substantially similar rank) to mediate any disputes, claims or controversies
arising out of or relating to this Agreement. If, after a good faith attempt to
mediate as between the directors of each Party, the Parties are still unable to
achieve a mutually favorable outcome, the Parties agree to submit any such
disputes, claims or controversies to binding arbitration pursuant to the U.S.
Federal Arbitration Act, 9 U.S.C. Section 1 et seq., in accordance with the
American Arbitration Association Commercial Arbitration Rules. In the event the
preceding sentence is held to be invalid or otherwise unenforceable by a court of
competent jurisdiction, the Parties agree that any action or proceeding arising out
of or relating to this Agreement shall be brought in the federal or state courts located in New York City, and each of the Parties irrevocably submits to the
exclusive jurisdiction of each such court in any such action or proceeding, waives
any objection it may now or hereafter have to venue or to convenience of forum,
agrees that all claims in respect of the action or proceeding shall be heard and
determined only in any such court and agree not to bring any action or
proceeding arising out of or relating to this Agreement or the purpose hereof in
any other court. In any event, the Parties agree to waive their right to a trial by
jury under any applicable state or federal law and to submit the suit to a trial
before the bench. In the event legal action is taken by either Party to enforce its
rights under this Agreement, all costs and expenses, including reasonable and
documented attorneys’ fees, incurred by the prevailing party, shall be paid by the
other party.

17) Remedies
Client recognizes that money damages alone would not adequately compensate
RZ in the event of breach by Client of this Agreement, and Client therefore
agrees that, in addition to all other remedies available to RZ at law, in equity or
otherwise, RZ shall be entitled to injunctive relief for the enforcement hereof. All
rights and remedies hereunder are cumulative and are in addition to and not
exclusive of any other rights and remedies available at law, in equity, by
agreement or otherwise.

18) Construction
A reference to a Section or an Exhibit shall mean a Section or an Exhibit to
this Agreement unless otherwise expressly stated. The titles and headings
herein are for reference purposes only and shall not in any manner limit the
construction of this Agreement which shall be considered as a whole. The
words “include”, “includes”, and “including” when used herein shall be
deemed in each case to be followed by the words “without limitation”.
Whenever the context may require, any pronouns used herein shall include
the corresponding masculine, feminine, or neuter forms, and the singular
form of names and pronouns shall include the plural and vice versa.

19) RZ Recruiters work daily to source qualified candidates for our clients. The Client is responsible for letting the Account Manager / Recruiter know, as soon as possible, when to pause or stop candidate submissions and introductions. RZ Recruiters only utilize company resources on Active searches. If a search becomes Inactive, the Client is required to inform RZ immediately to avoid wastage. If the Client does not officially pause or stop a search and decides to source and hire candidate(s) on their own accord without informing the Account Manager or Recruiters—RZ will bill the client $95/hr for Recruiter billable hours and company resources used. Further, please note if a client does not respond to communication after multiple attempts (ghosts us) & and does not respond within 48 hours. The client can subject to billable hours and can be subject to having their replacement guarantee voided. In addition, if a client violates communication clauses and fails to respond repeatably to candidate submissions/recruiters the client may be charged the Admin. / Setup Fee (Retainer) in addition to the finders fee & billable hours.

20) Miscellaneous Billing Terms: If a client changes salary criteria on a search (in the middle or end of a search). These changes must be communicated in writing and prior to engagement. If they are not billing can occur on the original criteria. Furthermore, if a candidate is offered a lower salary (during a training period or probation). We shall bill our annual fee based on that training/probation rate. However, after the candidate has completed their training/probation whether that’s a few weeks or months (and a raise is promised/expected). Then RZ will bill the remaining of its fees due.

21) Benefit; Status; Assignment

This Agreement shall be binding upon, enforceable by and against, and inure to the benefit of the Parties hereto, and may not be assignable without the other Party’s written consent; provided, this Agreement may be assigned by RZ to a successor of RZ. RZ shall at all times be an independent contractor, rather than a joint venturer, partner, agent, employee or representative of Client. This Agreement is not intended to confer upon any person other than the Parties hereto any rights or remedies hereunder, except as otherwise expressly provided herein.

22) Amendments
Any amendments or modifications to this Agreement shall be authorized only by written amendment to this Agreement, signed by both Parties. This includes but is not limited to previous email correspondence, phone calls, written, or verbal and non-verbal agreements. Any changes to candidate criteria or scope of services will require RZ’s written approval.

23) Entire Agreement
This Agreement set forth the entire agreement and understanding of the Parties with respect to the matters contemplated hereby and supersedes all prior agreements and understandings relating to the subject matter hereof. No changes to this Agreement shall be effective without written consent of the Parties hereto. The terms and conditions of this Agreement may be waived only by a written instrument signed by the party waiving compliance. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or non-compliance with this Agreement shall be held to be a waiver of any other or subsequent breach or non-compliance.

24) Late Fees and uncollectible Invoices
Please note if an invoice is past 90 days due you will be charged a monthly late fee rate on your funds due. This late fee rate will be a six-point two percent (2.08%) late fee. This will be due immediately and will incur monthly (and will be ongoing until all funds due are paid). This 2.08% will be charged on all amounts due, commencing on the 91st day, and will not stop until all invoices, payments, and funds due are finalized. If an invoice becomes uncollectible the client will be responsible for additional fees and they will apply during the collection of any overdue payments, including a collections fee of 35% of what is owed and additional $700 for court fees related to the uncollectible invoice. If a candidate is hired without notification to RZ (fraudulently or secretly hired) and the Client fails to notify RZ of the hire, the finder’s fee would be due in addition to monthly late fees, collection agency fees, attorney fees, court fees of $700 and an additional penalty fee of $2,500.00 would be due to RZ immediately.

25) Online/Slander Term
If a customer or client who violates our contract or online terms of use slanders our brand online. Posting false information online/reviews. A penalty fee of $10,000 will occur and our legal team will immediately pursue this action. Our brand and team aim for excellence for our clients but however, have a zero-tolerance policy for customers/clients who violate our terms of use and post false information online.

26) Misc Submission Term
Clients without an Executed Contract/Kajabi will abide by this term. Any candidate that is sent via email or any candidate that is referred by RZ will be subject to a standard 20% of base salary finders fee. If there is any communication via email with a prospect client (emails/candidate submissions), they are subject to these terms above.

27) Termination Fee & Cancelation Fee: A $2500.00 Termination/Cancelation  Fees may apply on certain accounts that had many resources applied. It will be charged if a client/customer has used many paid resources and have received many qualified candidate submissions. The termination fee will cover any remaining costs associated to a project: recruitment labor, technology costs, advertising/marketing, etc. The fee is in an amount similar to the admin/setup fee.

28) Please note our recruiting services are not a free service. If RZ expends labor, resources, technology, advertising/marketing, and other resources on your search projects there will be compensation or monies due to RZ. If the client a) suddenly stops communicating b) is interviewing multiple qualified candidates and not making hires (simply browsing the market at RZ’s expense) c) ghosting or difficult to work with d) suddenly halts services e) halts services in the middle of a search, when qualified candidates are presented f) Is overly picky and indecisive (not serious about hiring talent) g)  unresponsive, rude and disrespectful to our staff h) out of integrity with RZ & our candidates i) Backdoor hiring. If any of the above occurs (a – i ) then RZ may charge either 1) $95/hour for wasted resources 2) a % finders fee per the contract 3) Or lastly the admin/setutp fee amount $. RZ will determine how many resources are wasted by auditing their ATS, looking at labor recorded and spend on technology/marketing/advertising to then determine the amount to bill the client and receive its rightful compensation.

29) As of January 1, 2023. All customers/clients are bound under new pricing terms for recruitment services (direct-hire/permanent placements). Per email that was sent to all customers. This applies to all customers from 2014 until 2023 or future. Here is the email and terms all customers (past, present & future) are bound to. “As you know, The Restaurant Zone is dedicated to delivering quality hires & providing service excellence for each of our clients. To stay committed to these values in this historic labor market, we will be updating our prices to 17.5% of base salary per hire as of December 1, 2022. We will be additionally awarding a longer 120-day guarantee for your convenience. We will continue to make significant investments in resources to help our clients with staffing and providing superb services. You are a valued customer who is getting favorable pricing, currently in this environment RestaurantZone is charging 20% and market is 25% for new search assignments. We thank you for your support, continued loyalty and look forward to a continued partnership. If you require any further assistance or have any questions. Please reply to this email or contact sales@therestaurantzone.com or call us at 1-800-513-5096.”

30) For clients engaging 1099 Contractors or Consultants for services, our fee structure is as follows: A monthly fee equivalent to 25% of the contractor’s monthly pay will be charged and will persist until the cessation of services. In the event the client wishes to transition the contractor to a permanent hire, a discounted fee of 17.5% of the annual base salary will be applicable for the buyout. To exemplify, if the client engages a C-Level candidate and compensates them $20,000 per month, the recurring monthly fee will amount to $5,000. In the case of a buyout, the fee will be $42,000. Upon the completion of a buyout, all monthly charges will cease. The client is presented with the option to either incur monthly charges or execute a buyout, and either of these charges must be applied as long as the candidate continues to work or provide services for the client.

31) RZ & All Clients/Customers are bound to these terms and our online terms of use. Client acknowledges that Client has read and shall remain subject to the Terms and Conditions, as are available, and amended from time to time, at  To view our full Terms of Use, please visit: https://therestaurantzone.com/blog/terms-of-use/

Refund Policy For All Customers (Including all Recruiting Services):

All sales are final.

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including subscriptions and job postings are nonrefundable after purchase and delivery.

Refunds (if any) are at the absolute discretion of The Restaurant Zone. Please email contactus@therestaurantzone.com for a refund request/approval.

Note: All of your features expire as soon as your cancellation takes effect.

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Any changes made to the account such as changing a credit card on file shall be executed in the following manner: 1) New credit card needs to be received and processed by RZ. 2) Once the new card has been processed a charge, then the old card would receive a refund (if applicable) within 3-5 business days.

Except as noted here, all paid services such as Resume Delivery, Job/Classified Advertising, and Virtual Recruiting Services, offered by The Restaurant Zone, are nonrefundable after purchase and delivery.

Also, under the laws applicable in your jurisdiction, Restaurant Zone customers may qualify for a refund if requested no later than 1 day after the purchase. Citizens of the European Union are entitled to a full refund during the 1 day after purchase.

Note: All of your features expire as soon as your cancellation takes effect.
For billing inquiries please contact Restaurant Zone Support 

Terms of use for RestaurantZone’s Software & Resume Database (applies to job ads and premium ads too):

  1. You shall not hold Restaurant Zone or its principal shall not be liable in anyway whatsoever for any damages as a result of using or inability to use The Restaurant Resume Database, or any other product/service you are exposed to as a result through your relationship with Restaurant Zone.
  2. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  3. Refunds will be considered within a 7 day period once a subscription has started. Refunds (if any) are at the absolute discretion of The Restaurant Zone. Please email contactus@therestaurantzone.com for a refund request/approval.
  4. We do not guarantee results when hiring, and are not responsible for integrity of the individual/resume hired. All due diligence is left up to the subscriber using our resume database.
  5. Subscription will be automatically billed monthly and by agreeing to our terms of use you adhere to this. Cancelation must be written or verbal and clear. Even after a trial period, your account will be billed automatically. You may contact us and may cancel at any point, so long as it’s written or verbal. This can be achieved by calling or emailing us at support@therestaurantzone.com. RestaurantZone cannot be held responsible for any charges incurred due to negligence in canceling the subscription.
  6. If an Employer has already accessed your resume through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.
  7. Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of “hacking” or defacing any portion of the Site. Hacking, activities to manipulate the software, unauthorized data mining, or any other relevant website manipulations from a third party (user, subscriber, web site visitor) will be liable for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from this activity.
  8. Use of any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (collectively “Devices”) that is not approved by RestaurantZone to navigate, search or store information from the Site. Approved Devices include those made available by RestaurantZone on the Site, or other generally available third party web browsers, e.g. Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, or generally available search engines, such as Google, Bing, Yahoo, Duckduckgo, etc.
  9. Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  10. Any party that attempts to render, attack, or modify the software & website will beheld liable for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees).
  11. RestaurantZone is not responsible for quality of resume data, since it is provided by job-seekers and acquired from many Third-Party resources. Resumes may be passive or active. RestaurantZone does not guarantee that all of it’s candidates in it’s database will be responsive. Resume freshness is not guaranteed since resumes come from a variety of resources. We are not responsible for the freshness of data from other companies. The most recent date does not always mean the candidate is “active”. Most of the database is composed of passive candidates. Inside the platform, the Premium Job Ads (or “resume requests) consist of active applicants interested in your jobs.
  12. RestaurantZone may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (for paid services). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, commit fraud or other abuse using the Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
  13. Regarding Resume Database Injection: we do not guarantee that we will inject new candidate resumes into our system daily or weekly for any particular location.
  14. Software bugs and technical issues may arise when using RestaurantZone. RestaurantZone will alleviate these issues when they do arrive. It is in the nature of the tech industry to experience issues like these and our engineers will work as fast as possible alleviate them. We do no guarantee 100% uptime.
  15. If placed on a “pay-as you go” or “pay-per-use” plan, a customer agrees that they will be billed based on their usage of resume views (including contact information), job advertisements, source-assist credits, email campaigns and any other services utilized “a-la-carte”. Using old login credentials or new login credentials for job advertising, resume searching, resume saving & support automatically constitutes subscription renewals.
  16. Prices may change and may increase based on market conditions. Your plan is subject to increase and will be charged on the credit card on file. You will be notified of an increase.
  17. Chargebacks will result in a $250 penalty per dispute. Any late payments will be charged a 2.08% monthly late fee on any amounts due (subscription fees due, chargeback fees due, etc.)

Terms of use for Job Advertising & Premium Job Ads

  1. We do not guarantee results when providing services and cannot guarantee you will hire candidates sourced by our services. We also do not guarantee that candidates will accept an interview and/or your job offer. We are not responsible for the integrity of the individual/resume hired. All due diligence is left up to the customer using our services.
  2. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  3. Refunds (if any) are at the absolute discretion of The Restaurant Zone and only in the form of credit for The Restaurant Zone services. For job advertising, job ads, or job postings there will be absolutely no refunds. Please email contactus@therestaurantzone.com for a refund request/approval.
  4. The Restaurant Zone merely provides a service enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of The Restaurant Zone services.You understand that The Restaurant Zone does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act or any corresponding state laws may only be asserted against the Employer.
  5. No foul or otherwise inappropriate language will be tolerated. Ads in violation of this rule are subject to being removed immediately and without warning. If it was a paid ad, no refund will be issued.
  6. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  7. No racist, hateful, or otherwise offensive comments will be tolerated.
  8. No ad promoting activities that are illegal under the current laws of this state or country.
  9. Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
  10. We reserve the ultimate discretion as to which ads, if any, are in violation of these guidelines.
  11. We do not guarantee results when hiring, and are not responsible for integrity of the individual/resume hired. All due diligence is left up to the subscriber using our platform.
  12. If an ad is posted by our support team on your behalf, terms still apply.
  13. The Restaurant Zone does not guarantee timely delivery, your receipt of the Job Seeker’s application or that there will be no mistakes in the transmission of the data.

Terms of Use for the RZ Background Check Tool: 
As a reminder you may not use our service or the information it provides to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require FCRA compliance. We DO NOT provide consumer reports and we are not a consumer reporting agency. (These terms have special meanings under the Fair Credit Reporting Act, 15 USC 1681 et seq., (“FCRA”), which are incorporated herein by reference.).

Restaurantzone does not provide private investigator services, and is not a consumer reporting agency as defined by the fair credit reporting act (“fcra”) because the information provided by restaurantzone is not collected or provided, in whole or in part, for the purpose of serving as a factor in establishing a person’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; or (c) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes. Restauarantzone does not make any representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person. As such, the additional protections afforded to consumers and obligations placed upon consumer reporting agencies under the fcra are not contemplated by, nor contained within, these terms and conditions.

This agreement contains a mandatory arbitration of disputes provision that generally requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Non-compliance with the cancellation policy

RestaurantZone bears no responsibility for any charges incurred as a result of negligence in canceling a subscription, by our terms and conditions. It is solely the responsibility of users to initiate the cancellation request. Please be aware that all charges arising from such negligence are deemed non-disputable.

We strongly encourage users to review and comply with our designated cancellation procedures to avoid charges. To request a cancellation, contact our customer support team by phone at (929) 242-2858 or via email at support@therestaurantzone.com.

 

Limitation of Liability & Indemnification (applicable to all services/software offered by The Restaurant Zone LLC)

You shall indemnify, defend and hold harmless RestaurantZone, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any resume search conducted by you, or any Job Listing or screener questions (or answers thereto) posted by you, any candidates resume delivered to you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing).

1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RESTAURANTZONE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF RESTAURANTZONE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF RESTAURANTZONE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID RESTAURANTZONE TO USE THE SITE.

2. Indemnification

You agree to defend, indemnify and hold harmless RestaurantZone from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of and access to RestaurantZone ; (c) your loss or disclosure of information gained from using RestaurantZone; (d) your violation of any state or federal laws during the hiring process, including but not limited to the Fair Credit Reporting Act; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that any User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of RestaurantZone. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to

3. Customer Obligations. Customer hereby covenants and agrees that:
Customer shall immediately notify RestaurantZone of any unauthorized uses of its accounts or any other breaches of security. RestaurantZone shall not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.

4. Slanderous Reviews. The customer agrees not to slander the RestaurantZone brand, publicly and online by posting false/fake reviews.

Content (Including Resumes & Job Postings)

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or post, that the use by RestaurantZone of your User Content will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, your User Content and any other information that you provide to us is truthful and accurate.

RestaurantZone takes no responsibility and assumes no liability for any Content that you or any other User or third party posts or sends over to RestaurantZone. You shall be solely responsible for your User Content and the consequences of posting or publishing it on the internet. You agree that RestaurantZone is only acting as a passive conduit for the online distribution and publication of your User Content (including resumes), and has no obligation to screen job postings, screen resumes, or any other type of content or information. However, RestaurantZone may review and not display on, or remove any content from, the Service that (w) violates this Agreement or any other agreement you have with RestaurantZone, or violates applicable laws, rules or regulations, (x) is abusive, disruptive, offensive or illegal, (y) violate the rights of, or harms or threatens the safety of, RestaurantZone users or members or (z) was purchased by fraudulent credit cards.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that RestaurantZone shall not be liable for any damages you allege to incur as a result of User Content, especially related to resumes. E.g. If an employer finds said job-seeker’s resume and terminates the job-seeker for having it on RestaurantZone. RestaurantZone will not be held liable for any damages, wages, losses, causes of action, whether in contract, tort (including negligence).

You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.

Although RestaurantZone requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, RestaurantZone cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, RestaurantZone takes no responsibility and assumes no liability for any Resume, Job Listing, onboarding or other employee-related documents, or any other content that any Employer posts, sends or provides via the Service. You agree that RestaurantZone is not responsible or liable for the conduct of any Employer.

Marketing 
Employers using RestaurantZone grant us the right to use their name, trademark and logo on the RestaurantZone website, in RestaurantZone marketing materials, and to identify the employer as a RestaurantZone customer. RestaurantZone agrees to remove mention of an employer in our marketing materials based on their written request.

Late Fees
Customers, Clients and Employers using RestaurantZone services, products or software agree to the following terms related to payments. If automatic charge is not available to RZ for any reason whatsoever, payment shall still be due within such period of purchasing or utilizing our services, products & software; provided, a monthly accruing seven point five percent (2.08%) late fee will be charged on all amounts due commencing ten (10) days following date due; provided, further, Client shall not be entitled to Courtesy Action (as defined below) if payments are not made in full within ten (10) days following the date due. If a client performs a credit card or debit card chargeback, an additional fee of $250.00 will occur for each chargeback/dispute. In cases applied to RZ’s Recruiting Services: If a candidate is hired without notification to RZ (fraudulently or secretly hired) and the Client fails to notify RZ of the hire, the finder’s fee would be due in addition to monthly late fees (2.08%) and an additional payment fee of $10,500.00 (per backdoor hire) would be due to RZ immediately resulting from actual damages sustained by RZ as a result thereof. Please note RZ has a two-tier system that detects backdoor hires & a compliance team that verifies each candidate’s employment status periodically.

The 2.08% fee will accrue monthly and continue until full payment is made. If a client performs a credit card or debit card chargeback or dispute inquiry, an additional fee of $250.00 (per chargeback/inquiry) will occur for each chargeback. If a candidate is hired without notification to RZ (fraudulently or secretly hired) and the Client fails to notify RZ of the hire, the finder’s fee would be due in addition to the monthly late fee of (2.08%) and an additional payment fee of $10,500.00 (per each backdoor hire) would be due to RZ immediately resulting from actual damages sustained by RZ as a result thereof. Please note that RZ has a two-tier system that detects backdoor hires & a compliance team that verifies each candidate’s employment status periodically.

The Client authorizes RZ to automatically charge the credit/debit card on file or provided. The One-Off Setup Fee shall be due upon execution of this Agreement, by credit card. Thereafter, any payment due hereunder shall be due upon the event which triggered payment in accordance with the terms of this Agreement or the date of the expiration of the Term, by automatic charge to the credit card.

Dispute Resolution
In the event of any disputes, concerns, or issues in this agreement & partnership will be addressed by Sr. leadership via email. Please email contactus@therestaurantzone.com and a Sr. Representative will handle your request within 2-5 business days. The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to this Agreement by presenting the dispute to senior representatives of the firm.


Changes in Terms and Conditions and RestaurantZone 

We may modify or terminate our services from time to time, for any reason, including the right to terminate with or without notice, without liability to you, any other user, or any third party. We reserve the right to modify these Terms of Service from time to time without notice.

The Client hereby acknowledges having read and understands and thereby accepts all the terms and conditions of this Agreement.

By viewing, using our services/software, or signing this agreement you authorize RZ to charge your credit card for payments due under this Agreement, regardless of whether the term of the agreement has expired (and for all hires completed within 24 months of RZ’s referral). If an automatic charge is not available to RZ for any reason whatsoever, payment shall still be due within such period; provided, to the extent not fully and timely paid, the replacement guarantee becomes voided effective immediately and the fee of accruing nine point seven five percent (2.08%) late fee will be charged on all amounts due commencing ten (10) days following date due; provided, further, Client shall not be entitled to Courtesy Action (as defined below) if payments are not made in full within ten (10) days following the date due.

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