01 Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and WorkPerDiem Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the WorkPerDiem website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Binding Arbitration
These terms contain a binding arbitration provision and a waiver of class action rights. Please review Section 10 carefully as it affects your legal rights.
02 Use of Services
2.1 Eligibility
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company.
2.2 License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by WorkPerDiem, in the manner permitted by these Terms.
2.3 Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
03 User Accounts
3.1 Account Creation
To access certain features of the Site, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You must immediately notify us of any unauthorized use of your account.
04 Employer Obligations
Employers utilizing WorkPerDiem to post jobs or search for candidates agree to the following specific terms:
- Accuracy: All job postings must represent actual, current vacancies. "Bait and switch" tactics, such as posting a high per diem rate that is not actually available, are strictly prohibited.
- Per Diem Transparency: You agree to clearly state whether Per Diem is offered, the amount, and the conditions (e.g., days worked vs. 7 days) in your job description.
- Compliance: You are solely responsible for complying with all applicable employment laws, including but not limited to minimum wage, overtime, and safety regulations (OSHA).
- No Pay-to-Play: You may not require workers to pay any fee to apply for or accept a job.
05 Worker Obligations
Workers utilizing WorkPerDiem to find employment agree to the following:
- Truthfulness: All information in your profile, including certifications (OSHA 10/30, NCCER, TWIC), work history, and skills, must be accurate and verifiable.
- Professionalism: You agree to communicate professionally with employers. Harassment, threats, or abusive language will result in immediate account termination.
- Attendance: While WorkPerDiem is not your employer, repeated "no-shows" for interviews or accepted job offers may result in suspension from the platform.
06 Fees and Payments
6.1 Employer Fees
Posting jobs on WorkPerDiem requires payment of fees as described on our Pricing page. All fees are in U.S. Dollars. We reserve the right to change our fee structure at any time, but we will provide reasonable notice of any changes.
6.2 Refund Policy
Job posting fees are non-refundable, regardless of whether the job is filled. However, if a posting is removed by WorkPerDiem due to a violation of these Terms, no refund will be issued. Subscription fees for "Pro" or "Enterprise" plans may be canceled at any time, effective at the end of the current billing cycle.
07 Content & Conduct
You retain ownership of any content you submit, post, or display on or through the Services. However, by submitting content, you grant WorkPerDiem a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content.
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
08 Disclaimers
The Site is provided on an "AS-IS" and "AS-AVAILABLE" basis.
WorkPerDiem disclaims all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Site will meet your requirements, be uninterrupted, timely, secure, or error-free.
We are not responsible for the conduct of any user of the Site. Employers are solely responsible for their hiring decisions, and workers are solely responsible for their employment decisions.
09 Limitation of Liability
In no event shall WorkPerDiem, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service;
- Unauthorized access, use, or alteration of your transmissions or content.
10 Dispute Resolution
10.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
10.2 Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Cincinnati, Ohio, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
