Terms & Conditions

This Terms of Service Agreement (this "Agreement") is made and entered into by and between “you” and HR-Haven, Inc., a Kansas corporation doing business as People People (“People People”). People People owns and operates www.thehrhelpdesk.com (the “Site”). This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which People People will provide to you, certain human resources and other related services through the Site (collectively, the “Service”).

You are required to indicate your acceptance of the terms and conditions below in order to access and use the Service. By accessing or using the Service, you are consenting to be bound by the terms of this Agreement.

This Agreement is applicable to all persons who use or access the Service, in their company’s capacity or on an individual capacity, including authorized users representing the employer, its employees or other persons using or accessing the Service. If you are agreeing to these terms on behalf of a business, you represent and warrant that you have authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.

Now therefore, by clicking “accept” and/or using or otherwise accessing the Service, or any component thereof, in any manner whatsoever, you acknowledge that you have read and agree to the following:

1. Service.

During the Term (as defined in Section 3) and as long as you meet your payment obligations in Section 4, People People grants you a limited, non-transferable, non-sublicensable, non-exclusive right to (i) access to a weekly communication covering important human resources updates, (ii) receive answers on up to five (5) human resources questions per calendar month answered by phone, email or video chat, (iii) access standard human resources forms; and (iv) discounts on People People’s webinars and products (collectively, the “Service”).

The following services are not included in the Service:

• Questions over and above four (4) each month;
• Custom written work such as policies, disciplinary documents, or any human resources related documents produced for you by People People’s human resources professionals;
• Peripheral services such as CompAnalyst compensation reports, peripheral payroll services, job board postings, background checks, and similar services; and
• Any People People products such as the People Toolkit, HRx, Cultural Roadmap.

(collectively, “Additional Services”). Your People People human resources professional will always advise you and seek consent before starting work on Additional Services. All Additional Services provided by People People are charged at the rate of $150.00 per hour (or increments thereof for actual time used).

2. Information and Passwords.

You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Service including, without limitation, your name or your company's name, login credentials (e.g., your e-mail address and password), address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for goods and services via the Service (e.g., credit card number, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Service, as applicable.

Certain features and functions of the Service are not generally available to the public. In order to access and use such features and functions, People People may require you to enter your email and password. Third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Service. Your email, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. People People is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. You agree to immediately notify People People if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

3. Term and Termination.

This Agreement will remain in effect until all subscriptions granted in accordance with this Agreement are cancelled or terminated. All subscriptions are either on a month-to-month or annual basis (the “Term”).

Subscriptions purchased by you commence on the start date, which is the date of the initial payment for the Services (the “Start Date”), and continue for the Term selected at the time of payment. Subscriptions automatically renew, as described in Section 4.

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by emailing info@thehrhelpdesk.com or calling 855-474-2836.

People People may terminate this Agreement at any time in the event of your nonpayment (including in the event when your credit card cannot be charged). People People may also terminate this Agreement without liability effective upon the start of the next Renewal Period (as defined in Section 4), if you fail to affirmatively agree to material modifications to this Agreement pursuant to Section 5, after People People provides you with 30 days’ advance written notice. Notice via email by People People to you will be sent to the email address you have provided.

If your month-to-month subscription is cancelled or terminated, then People People will refund to you any prepaid fees covering any period of the Term remaining after the date of termination and you will not be charged for future Renewal Periods (as defined in Section 4). However, no refund will be granted for the then-current month. If your annual subscription is cancelled or terminated, no refund will be provided for the partial use of an annual subscription and you will not be charged for future Renewal Periods (as defined in Section 4).

4. Payment Terms.

Your subscription to the Service renews automatically on the last business day of the specified Term for the same Term selected on the Start Date (month-to-month or annual) (the “Renewal Period”). You may change your subscription Term at any time by contacting People People using one of the methods set forth in the Contact Information in Section 16. If you are paying by credit card, for month-to-month subscriptions your credit card will be charged on the Start Date and then once a month thereafter for the Renewal Period unless your subscription is cancelled or terminated before the start of the next Renewal Period. For annual subscriptions, your credit card will be charged on the Start Date and then annually thereafter for the Renewal Period unless your subscription is cancelled or terminated before the start of the next Renewal Period. People People will email you a receipt when your card has been charged. If your card cannot be charged, your access to Service may be suspended and you will need to update your card information in order to resume use. There will be no refunds or credits for partial months of service. If your annual subscription is cancelled or terminated, you are not entitled to a refund.

You will be billed for Additional Services as agreed between the parties.

All fees are exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which People People may be required to collect from you and remit to appropriate taxing authorities, you alone are responsible for payment of all such taxes or duties

People People may at any time, upon notice of at least 90 days or a longer period if required by applicable local, state, national, and international laws, rules and regulations (“Applicable Law”), change the price of your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your annual subscription period will come into effect for any Renewal Period and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the start of the next Renewal Period for which the price change applies.

5. Modification of this Agreement.

People People reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Service, or to modify, add, or remove portions of this Agreement at any time after making such modified Agreement available to you. The revised Agreement will be effective immediately upon being made available to you, except that in the event any such modification materially alters your rights hereunder, People People will attempt to notify you directly by sending a message to the email address that you have provided to People People. Your use of the Service after modifications to this Agreement become effective constitutes your binding acceptance of such changes. In the case of a material modification to this Agreement, you will be required to affirmatively agree to such modified Agreement. You can also review the most current version of this Agreement at any time by emailing info@thehrhelpdesk.com. If you are dissatisfied with the terms of the Agreement or any modifications to the Agreement or Service, you agree that your sole and exclusive remedy is to terminate this Agreement and discontinue any use of the Service.

6. Warranties and Limitation of Liability.

People People represents, warrants, and covenants that the Service performed for you by People People will be performed in a professional and workmanlike manner, with the degree of skill and care that is required by sound professional procedures and practices.

To the maximum extent permitted by Applicable Law, except for the limited warranty provided above, People People hereby disclaims all other warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose with respect to the Service. People People does not warrant that operation of the Service will be error-free, virus-free, timely, secure, accurate, reliable, or uninterrupted.

People People shall not be liable to you, or any third party arising out of any relationship between People People and you, except for acts or omissions of People People finally found by an arbitrator or court of competent jurisdiction to amount to knowing or intentional misconduct.

7. Indemnification.

You shall save and hold harmless, defend and indemnify People People from and against any and all actual or threatened claims, administrative charges or proceedings, demands, liabilities, lawsuits, appeals, actions, causes of action, damages, costs, judgments, executions, attachments, expenses, and attorneys' fees, arising from or in any way connected with the rendering of the Service by People People to you, including but not limited to circumstances in which (i) acts or omissions of People People finally found by an arbitrator or court of competent jurisdiction amount to negligence, (ii) you fail to follow human resources advice provided by People People, (iii) you fail to comply with the obligations of this Agreement, or (iv) issues arise because of actual or alleged knowing or intentional misconduct by you. This section shall apply in all circumstances save and except for liability arising solely from the knowing or intentional misconduct of People People as finally determined by an arbitrator or court of competent jurisdiction. People People may, but shall not be required to, carry errors and omissions insurance and/or employment practices liability insurance on its own behalf, but not on behalf of you. The obligations in this section shall survive, and shall not be affected or extinguished by, the termination of this subscription.

8. Intellectual Property.

From time to time during the Term, People People may develop, author or prepare custom documents, designs, computer programs, computer documentation and other tangible materials (“Deliverables”). People People shall own and retain all right, title and interest in and to such Deliverables and hereby grants to you a limited, non-transferable, non-sublicensable, non-exclusive license for you to use such Deliverables for your internal use during the Term. People People may reuse any Deliverables, provided that such use does not reveal your identity or your confidential information.

9. Compliance with Laws; Disclaimers.

Each Party shall comply with all Applicable Law in connection with its own activities in relation to this Agreement. In no event shall People People be responsible or liable for your failure to comply with Applicable Law in connection with your use of the Service.

You understand and agree People People is a human resources consultant and People People does not provide legal or tax advice or assistance. Any advice dispensed by People People under this Agreement is of a human resources nature only. You acknowledge that no advice, correspondence, communication or service is intended to be nor should it be interpreted as tax or legal advice. People People shall not be liable for any damages incurred from the reliance upon advice, correspondence, communication or service that you have interpreted to be legal or tax assistance or advice. Any advice, correspondence, communication or service that the recipient receives that might appear to be legal or tax assistance should not be considered by the recipient to constitute the same. People People advises and recommends that you seek legal counsel to answer all legal or tax questions, and you agree to secure for itself and avail itself of legal and tax advice from qualified professionals. No advice by People People is intended to be used, and no tax advice shall be used, for the purpose of avoiding U.S. federal tax or state tax law, or penalties that may be imposed by the Internal Revenue Service or state departments of revenue.

You acknowledge that People People exercises no control over your specific human resource practices implemented using the Service or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the Service. People People hereby disclaims all liability arising from your decisions.

10. Claims and Arbitration.

Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon an award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof. For that purpose, the parties consent to and designate the jurisdiction and venue of an appropriate court in Johnson County, Kansas. In no event shall you raise a claim against People People more than one (1) year after the date the cause(s) of action or act(s) or omission(s) giving rise to the controversy or claim accrued.

11. Entire Terms of Service.

These Terms of Service, and any other schedule or addendum to the same, constitutes the entire Agreement between you and People People with regard to the Service to be provided under this subscription. These Terms of Service replace and supersede all other Agreements or understandings, whether written or oral. No amendment to these Terms of Service shall be binding unless in writing and agreed to by you and People People.

12. Binding Effect or Assignment.

These Terms of Service shall be binding upon and shall inure to the benefit of People People and you and to the successors and assigns of each. Provided, however, that this subscription may not be assigned, transferred, or sublicensed by you without the written consent of People People.

13. Nonwaiver.

No waiver, accommodation or extension of obligations or remedies by either party on any particular occasion shall be construed as constituting any waiver, accommodation or extension of any obligation or remedy on a subsequent occasion.

14. Governing Law and Severability:

These Terms of Service shall be governed by the laws of the State of Kansas. The invalidity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision, and notwithstanding any invalidity or unenforceability of any provision, an arbitrator or court of competent jurisdiction shall be empowered to enforce the provision to extent that the same would be valid and enforceable, and to enforce the remainder of the Terms of Service to the extent valid and enforceable.

15. Force Majeure.

People People shall not be liable for any failure to perform the Service where such failure results from any cause beyond People People’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

16. Contact Information.

If you have any questions about the Service or this Agreement, you may call People People at 855-474-2836, email People People at info@thehrhelpdesk.com or write to us at:

People People
7201 W. 129th St. #105
Overland Park, KS 66213