Registration

This Agreement for Services is entered into by and between PointHR Incorporated, and the listed Company (“Client”)

Client wishes to license to operate the PointHR software suite allowing Client to provide PointHR Background Screening services for resale to companies known to Client. PointHR Incorporated is providing data management software and a membership with Wholesale Background Checks for discounted pricing to facilitate the sale of our Background Screening services through Client.  Client agrees to order exclusively from PointHR Incorporated, certain services for employment purposes, which include Consumer Reports and Investigative Consumer Reports as defined under the federal Fair Credit Reporting Act (“FCRA”) (collectively, “Background Reports”) and offer them on a website hosted by US Website Design. Registrable works, ideas, discoveries, inventions, patents, trademarks, products, content, data, customer information, search request and results information, or other information, including without limitation to the domain name, style, setting, or “feel” of the Web pages or Web application, (collectively the “Work Product”), developed in whole or in part by PointHR  in connection with the Services provided shall remain the exclusive property of PointHR.

The charges for our software and services are as follows: $400.00 Annual PointHR Affiliate Program Fee, $300.00 Annual Software Maintenance Fee (from US Website Design), $300.00 Annual Membership Fee for access to WholesaleBackgroundChecks.com (from Wholesale Background Checks), $250.00 Annual charge for Websites Secure Socket Layer (SSL), $25.00 Annual for Domain Name Registration, $100.00 per month for website hosting, and Variable recurring charges for background screening services ordered via your software and website by any user. Any programming or website development work requested billed at the then current rate.  All fees are due and payable in advance quarterly. All fees are due upon executing this agreement and are non-refundable. Full payment of any invoice is due immediately upon receipt of invoice via the credit card maintained on file, and becomes past due thereafter. Written notice of any disputed charges appearing on your invoice must be submitted within ten (10) days after receipt of your invoice. You hereby agree to pay all costs and expenses incurred by us in the collection of unpaid amounts, including but not limited to attorneys’ fees and court costs, to the extent permitted by law. Client agrees to waive their rights to dispute charges placed on the Client Credit Card.

The duration of this agreement is three (3) years from the date of this agreement and shall be automatically renewed for successive three year periods, unless written notice of termination is provided by one party to the other, not less than thirty days prior to the expiration of the then-current term. PointHR reserves the right to discontinue service or significantly change the service provided without notice. From time to time it may be necessary for PointHR to change the terms of this agreement for business reasons. Changes will be posted to USwebsiteDesign.com under Affiliate Terms and Conditions. Client is responsible to check this site for changes.

Client understands that certain materials, photos, and or content must be provided to PointHR and agrees to provide information in a timely manner. Client represents that Client owns all legal rights to any and all photos, graphics, and/or content provided to PointHR  for use on web application. Client hereby certifies that they will never participate in any email spamming practices that would point to a site hosted by PointHR. Should spamming occur PointHR reserves the right to remove web site without notice. Client further indemnifies and holds harmless PointHR against any claims arising from the use of such matters and materials.

Texas and federal law will govern this Agreement.  The invalidity or unenforceability of any one provision of this Agreement shall not impair the validity and enforceability of the remaining provisions. Client acknowledges and confirms that it will comply with all applicable federal, state, or local laws, regulations, or ordinances affecting Client’s employment of its workers or otherwise relevant to performance of the services contemplated herein. Client agrees to indemnify and hold harmless PointHR Incorporated from all liability, including liability for interest and penalties, which may be assessed against Client as a result of Client’s failing to comply with U.S. laws and/or information obtained from PointHR Incorporated. The obligation of either party to perform under this Agreement shall be excused during each period of delay caused by matters beyond such party’s reasonable control, including without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities or common carriers. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The failure of either party to insist on prompt performance of their duties shall not constitute a waiver of that duty.  Any such waivers must be provided in a written, executed document.  PointHR and Client agree to work diligently to resolve any disagreements relating to this contract, services, or transactions and agree to binding arbitration with a venue of Denton County Texas in the event a mutual agreement can not be reached any other way.

LIMITATIONS OF LIABILITY - LIABILITY FOR DAMAGES OR INDEMNITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED PER CLAIM AND IN THE AGGREGATE THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO POINTHR  UNDER THIS AGREEMENT. IN NO EVENT WILL PointHR  OR CUSTOMER BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA, USE, ANY OTHER ECONOMIC ADVANTAGE, INCURRED BY POINTHR  OR CLIENT ARISING OUT OF OR RELATING TO THE AGREEMENT, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PointHR  OR CLIENT, RESPECTIVELY, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

The terms and conditions contained in this agreement supercede all prior oral or written understandings between the parties, and constitutes the entire agreement between them concerning the subject matter of this agreement, and shall not be contradicted, explained or supplemented by any course of dealing between PointHR  or any of its affiliates, and/or agents. There are no understandings or representations, expresses or implied, not expressly set forth in this agreement.

PointHR  does not warrant that the functions contained in the web pages, the internet web application, or the operation of the functions contained in the web pages, the internet web application, or the operation of the web pages will be uninterrupted or error free and will not be liable to client or any third party for any damages, including any lost profits or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, the Web pages or Web application, even if such damages are the result of the negligent act or omission of PointHR. PointHR reserves the right to suspend service pending a complete investigation and resolution. Fees will continue to accrue and no credit will be given for the time it takes to resolve the issue.

As the holder of the below listed credit card I hereby authorize PointHR Incorporated and its subsidiary companies: Court Check, US Website Design, Wholesale Background Checks, and C Equity Partners to charge the amounts listed on periodic invoices, representing fees charged for services that I or any user of the referenced software have ordered from any related company or any outstanding charges for the duration of this agreement. I understand that I am purchasing services for which work will begin immediately. For this reason refunds or cancellations are only possible within the same business day as the order is placed and only if work has not yet begun and at the sole discretion of PointHR.

By signing below I am certifying that I am representing this company in this transaction, have permission and/or legal rights to charge these services to the credit card I am providing, and agree to the attached terms of this contract in the company name.

Click "AGREE" or "DISAGREE" to continue with Registration: