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Service Agreement

MBAjobs.ca
SERVICE AGREEMENT

Last updated:  May, 2008

This Service Agreement from PowerBlue mgt. (company for www.MBAjobs.ca), including the Order Form and these Terms and Conditions (collectively this "Agreement"), is entered into by and between you ("The Customer") and PowerBlue mgt. a partnership on the date of execution of this Agreement by Customer. The parties hereby agree to be bound by these Terms and Conditions.

1. Services:

PowerBlue mgt. shall provide The Customer the services that The Customer has elected to receive (the "Services") as described and indicated in the form fields filled out on MBAjobs.ca (the "Order Form").

2. Fees:

a) The Customer shall pay PowerBlue mgt. the respective fees set forth as noted on the Order Form.

b) For credit card payment, fees are due and payable immediately when filling out the Order Form.

c) For cheque payment, fees are due and payable within thirty (30) days of the date noted on the Order Form.  Services will not be rendered until payment has been received in full.

d) For invoices, fees are due and payable within thirty (30) days of the date of invoice.  After thirty (30) days, the amount of the invoice shall be subject to interest at the rate of 2% per month on any portion thereof from the date of the invoice until payment is received in full.

3. Confidential Information:

Each party will keep the specific terms of this agreement confidential and not disclose them to any third party (other than to its attorney and accountants) without the other party's prior written consent, except as required by law.

4. Term and Termination:

(a) This Agreement shall be effective from the datesset out on the Order Form. PowerBlue mgt. may terminate this Agreement at any time without cause upon 30 days written notice to The Customer.  Either party may terminate this Agreement effective upon written notice to the other party if the other party defaults in a payment or other material obligation hereunder and continues in default for a period of 10 days after written notice.  Either party may terminate this Agreement effective upon written notice to the other party in the event that the other party ceases to carry on its business or becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency.

(b) If PowerBlue mgt., in its sole discretion, determines that an employer/recruiter is using the Services or its relationship with PowerBlue mgt. in any way that adversely affect PowerBlue mgt., including but not limited to reselling any information such as resumes and contact information, from our site to third parties, then PowerBlue mgt. may, upon three days written notice, terminate the Services and this Agreement.

5. Effect of Termination:

Upon termination of this Agreement, all amounts owing shall be paid in accordance with Section 2, and each party shall, upon request, immediately return or destroy all Proprietary Items, Customer Items and Confidential Information, as applicable, and certify to the other party that it has done so.

6.  Limitation of Liability

The MBAjobs.ca website is only a venue. MBAjobs.ca acts as a venue for:

  1. Employers and Recruiters to post job opportunities
  2. Candidates to post their own resumes and qualifications
  3. Candidates to search jobs
  4. Candidates to advertise themselves via articles and other services
  5. Employers/Recruiters and Universities to post advertising
  6. Site visitors to look for MBA program information

and does not screen or censor the listings offered, including but not limited to the identity of any user.  We are not involved in any actual transactions among employers, candidates, universities, and our visitors.  As a result, we have no control over the quality, safety, or legality of the jobs, education, resumes, or MBA programs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.  In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses.  You assume all risks associated with dealing with other users with whom you come in contact through MBAjobs.ca.

Although you may be providing us with your information, we are not obligated to forward your Information to any employee.  We shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or resumes on MBAjobs.ca.

Because user authentication on the Internet is difficult, MBAjobs.ca cannot and does not confirm that each user is who they claim to be.  Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Web site, in the event that you have a dispute with one or more users, you release MBAjobs.ca (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through MBAjobs.ca.  By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.  We expect that you will use caution and common sense when using MBAjobs.ca.

The Material may contain inaccuracies or typographical errors. MBAjobs.ca makes no representations about the accuracy, reliability, completeness, or timeliness of mbajobs.ca or the Material. MBAjobs.ca does not correct user misspellings or errors.  The use of mbajobs.ca and the Material is at your own risk.  Changes are periodically made to MBAjobs.ca and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on MBAjobs.ca.  Employers are solely responsible for their postings on MBAjobs.ca.

7. No Warranty:

POWERBLUE MGT. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITES, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF ITS SERVICES OR THE SITES.


8.   No Refund

We aim to provide the best service we can. However, MBAjobs.ca cannot guarantee, including but not limited to, successful hiring upon the purchase of our job posting service and resume database access, as well as achieving satisfying advertising results when purchasing any of our advertising services.  No refund is allowed once payment is processed.

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