Terms of Use

These Terms of Use (“Agreement”) govern the access and use of services provided by ARCVERIS, LLC dba ARCVERIS Partners (“Company”), operating solely within California, USA. By registering, accessing, or utilizing services offered by ARCVERIS Partners, you (“Customer”) acknowledge and agree to the legally binding terms outlined herein. This contract ensures compliance with all applicable federal, state, and local laws, with particular focus on California’s stringent employment regulations.

1. Acceptance of Terms

By visiting ARCVERIS Partners’ website (www.ARCVERIS.com) or utilizing ARCVERIS Partners’ services, you confirm that you have the authority to enter into this Agreement on behalf of your organization and are legally bound by its terms. If you disagree with any provisions, you must immediately cease using ARCVERIS Partners’ services. Your continued use of our services constitutes acceptance of these terms, along with any associated privacy policies, disclaimers, or additional agreements governing your access to ARCVERIS services, including HR consulting, recruitment, and staffing.

2. Scope of Services and Limitations

ARCVERIS Partners provides HR consulting, recruitment, and staffing solutions exclusively within California and nationwide services where applicable. While our services are designed to meet the complex regulatory requirements of California’s employment laws and provide nationwide recruitment assistance, ARCVERIS Partners does not guarantee specific results or outcomes. Decisions based on our advice remain solely the Customer’s responsibility. Our services do not establish a fiduciary relationship or constitute legal or financial advice unless explicitly defined in a separate, formal agreement executed by an authorized ARCVERIS representative. Customers are strongly advised to seek independent legal counsel for specific legal needs.

3. Electronic Communications and Legal Consent

By utilizing ARCVERIS Partners’ services, you agree to receive all communications electronically. This includes contracts, notices, and updates. Electronic signatures executed through ARCVERIS’ platform are legally binding and equivalent to handwritten signatures under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Should you withdraw consent for electronic communication, it must be done in writing, and failure to provide such consent may result in a suspension of services. ARCVERIS Partners will not be held liable for delays in service caused by a failure to maintain proper electronic communication.

4. Customer Responsibilities and Data Accuracy

4.1 Data Accuracy and Responsibility

The Customer is solely responsible for providing accurate, timely, and complete data to ARCVERIS Partners, including but not limited to employee information, payroll, and tax details. ARCVERIS Partners relies on the accuracy of the data provided and assumes no responsibility to verify its accuracy or correctness. Any errors, omissions, or delays resulting from the Customer’s failure to provide accurate or timely data may result in service interruptions, penalties, or compliance failures, for which ARCVERIS Partners will not be held liable. The Customer must immediately notify ARCVERIS Partners of any inaccuracies or changes in the data provided.

4.2 Compliance with Laws

The Customer is solely responsible for ensuring that all activities conducted under this Agreement comply with applicable federal, state, and local laws and regulations, including but not limited to labor laws, wage and hour regulations, tax laws, and privacy laws such as HIPAA, CCPA, and GDPR (where applicable). ARCVERIS Partners disclaims any liability for the Customer’s failure to comply with such laws. ARCVERIS Partners will provide its services based on the assumption that the Customer’s operations are fully compliant with relevant laws. If non-compliance arises from the Customer’s data or operational practices, ARCVERIS Partners shall not be held accountable for legal consequences, penalties, or liabilities arising from such violations.

4.3 Indemnification for Data Errors

The Customer agrees to indemnify and hold ARCVERIS Partners harmless from any penalties, claims, or liabilities resulting from the provision of inaccurate, incomplete, or untimely data. This includes any costs or damages arising from compliance failures due to incorrect information, whether related to taxes, employment law, or privacy regulations. Any claims, liabilities, or legal actions resulting from data issues will be borne solely by the Customer.

4.4 Notification of Changes

The Customer is obligated to notify ARCVERIS Partners of any material changes to its operations, legal obligations, or data that could impact the provision of services or compliance with applicable laws. Failure to provide timely notice may result in service delays, penalties, or other negative consequences, for which ARCVERIS Partners will not be held liable.

5. Proprietary Rights and Confidentiality

5.1 ARCVERIS’ Ownership Rights

All proprietary materials, including templates, methodologies, and intellectual property provided by ARCVERIS Partners, are and remain the exclusive property of ARCVERIS. Customers are granted a non-transferable, limited license solely for internal use. Unauthorized use, reproduction, or distribution of ARCVERIS’ proprietary materials is strictly prohibited and may lead to legal action. Trademarks, logos, and product names remain the property of their respective owners. Except for expressly granted rights, ARCVERIS retains all rights to its intellectual property and confidential information.

5.2 Feedback

Any feedback or suggestions provided by the Customer to ARCVERIS may be used by ARCVERIS without any obligation to the Customer, whether in the form of compensation or acknowledgment. ARCVERIS reserves the right to freely incorporate such feedback into its products and services.

5.3 Customer Data

Ownership of Customer data remains with the Customer. ARCVERIS will employ commercially reasonable efforts to safeguard and protect the confidentiality of any proprietary or sensitive data entrusted to it. However, ARCVERIS disclaims liability for damages or losses caused by breaches or cybersecurity incidents outside of ARCVERIS’ direct control, including but not limited to third-party breaches or unforeseen attacks. ARCVERIS complies with applicable privacy and data protection laws to minimize risks associated with data processing and storage.

5.4 Confidentiality

Both parties agree to maintain the confidentiality of proprietary information. Disclosures made to employees, consultants, or legal representatives must comply with appropriate confidentiality standards. Information that becomes public through no fault of the receiving party is excluded from these restrictions. ARCVERIS reserves the right to disclose information to comply with legal obligations or enforce its rights under this Agreement.

6. Limitation of Liability and Indemnification

6.1 Limitation of Liability

ARCVERIS Partners expressly disclaims all liability for indirect, special, incidental, punitive, or consequential damages, including but not limited to lost profits, revenue, business opportunities, data, or business interruptions arising from the use of its services. ARCVERIS Partners’ total liability shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim, regardless of the legal basis of the claim. These limitations are enforceable to the fullest extent permissible under applicable law, ensuring the company’s protection against unwarranted claims.

6.2 Indemnification

The Customer agrees to fully indemnify, defend, and hold harmless ARCVERIS Partners, its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Customer’s breach of this Agreement, provision of inaccurate or incomplete information, failure to comply with laws or regulations, or any third-party actions resulting from the use of ARCVERIS services. This indemnity extends to any actions caused by the Customer’s employees, contractors, or authorized representatives.

7. Termination of Services

ARCVERIS Partners reserves the right to suspend or terminate services without prior notice for any breach of this Agreement, including providing false or incomplete information or failing to adhere to applicable legal and regulatory requirements. Should services be terminated by ARCVERIS, no refunds will be granted for prepaid fees. Customers may voluntarily terminate services by providing thirty (30) days’ written notice. However, all prepaid fees remain non-refundable. Additionally, early termination by the Customer may incur penalties, including prorated fees based on the remaining term of the Agreement. Termination for cause may also require the customer to cover costs of up to thirty (30) days of service as compensation for damages caused by early termination.

8. Retainer and Penalty Terms

For services retained under a formal retainer agreement, ARCVERIS Partners will provide a structured payment and service schedule, as outlined in the respective Retainer Agreement. Should the Customer choose to terminate the retainer services prematurely, penalties may be imposed, including liquidated damages up to the cost of thirty (30) days’ services based on the agreed-upon retainer value. The terms regarding retainer agreements, penalty clauses, and the conditions under which they can be invoked will be specified in detail within the Retainer Agreement. If the services rendered are terminated by ARCVERIS due to breaches, the Customer will be liable for penalties as defined in the Agreement.

9. Dispute Resolution

This Agreement is governed by the laws of the State of California. Any disputes arising from this Agreement shall be resolved through binding arbitration in California, pursuant to the rules of the American Arbitration Association. Customers waive any right to class-action litigation and agree that disputes will be handled individually. Both parties agree to mediation as a precursor to arbitration if requested.

10. Notices

ARCVERIS may provide notices related to this Agreement via email, posted on www.ARCVERIS.com/legal, or through direct communication to the Customer’s designated representative. The Customer is responsible for ensuring that ARCVERIS has accurate contact information. Failure to maintain such information may affect service delivery. Notices to ARCVERIS should be directed to Support@ARCVERIS.com.

11. Explicit Disclaimer on Future Services and Functionality

Customer acknowledges and agrees that ARCVERIS, LLC makes no guarantees regarding the development, availability, or functionality of any future services, products, or software features. Any discussions, presentations, or references to potential future offerings are strictly for informational purposes and do not constitute a binding agreement or commitment by ARCVERIS. The Customer agrees not to rely on the availability of any future services in deciding to enter into this Agreement. ARCVERIS disclaims any liability for expectations related to future functionality not currently offered.

12. Authorized Use of Client Logos and Testimonials for Marketing

By entering into this Agreement, the Customer grants ARCVERIS, LLC the right to use the Customer’s name, logo, and any provided testimonials or case studies for marketing and promotional purposes. Such use will be limited to our website, social media channels, and other marketing collateral unless explicitly revoked in writing by the Customer. ARCVERIS agrees to present such materials professionally and respectfully, ensuring that any usage will reflect positively on the Customer’s brand.

13. Force Majeure

ARCVERIS, LLC will not be held liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, labor disputes, government actions, pandemics, or any other extraordinary circumstances. In the event of such delays, ARCVERIS will notify the Customer as soon as possible and take commercially reasonable efforts to mitigate the effects. Both parties may agree in good faith to suspend or extend the affected obligations for the duration of the force majeure event.

14. Payment Terms, Late Fees, and Pricing Adjustments for ARCVERIS, LLC dba ARCVERIS Partners

All payments are due within 30 days of the invoice date. In the event of late payments, a 1.5% per month interest charge will apply to the overdue balance, with a minimum late fee of $100. Payments delayed by more than 60 days may result in suspension of services until full payment is made. After 90 days, accounts may be sent to collections, incurring additional fees, and ARCVERIS reserves the right to terminate services permanently.

ARCVERIS accepts ACH transfers, wire payments, or other agreed-upon methods. All payment obligations are final and binding. Late payment may result in an escalation of fees, including legal recovery costs.

Price Adjustments: ARCVERIS reserves the right to adjust service fees annually to reflect inflation, market conditions, or changes in the scope of services. Clients will be notified at least 30 days in advance of any price increases. The new rates will apply from the next billing cycle unless otherwise agreed in writing. Any objections must be submitted in writing before the new fees take effect.

15. Amendments

ARCVERIS Partners reserves the right to amend this Agreement at its sole discretion. Any changes will take effect thirty (30) days after being posted on the Company’s website at www.ARCVERIS.com/legal. ARCVERIS Partners will notify you through the designated communication channels. Your continued use of ARCVERIS services after the effective date constitutes full acceptance of the amended terms. Customers may not modify or amend this Agreement unless expressly agreed to in writing by an authorized representative of ARCVERIS Partners. This provision applies to all terms, including pricing, liability, and service obligations.