Terms of Service
Last Updated: January 8, 2025
Terms of Service
1. Welcome
Welcome to www.beaconnection.com (“Site” or “website”) that is owned and operated by UpDawg Inc. ("UpDawg", "we", "us", or "our").
Please read these Terms and Conditions ("Terms") carefully before using our website. Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms.
These Terms along with any other agreement you (“you” or “Customer”) may have been provided as part of your use of the Site form a binding agreement between you and UpDawg (“the Agreement”) and apply to all visitors, users, and others who wish to access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Site.
2. Accounts
2.1 Eligibility
When you create an account with us, you guarantee that you are at least the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You also acknowledge that you are a US Citizen or otherwise eligible to be paid in the USA.
2.2 Confidentiality
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.
2.3 Employee and Independent Contractor Access Subject to the restrictions set forth herein, if the Account is being created on behalf of a legal entity, you may grant access to the Services to your employees and independent contractors, who may only access and use the Services on your behalf for the sole purpose of performing their job functions or services on your behalf (“Authorized Users”). You will not share your login credentials or password with anyone other than an Authorized User. YOU ACKNOWLEDGE AND AGREE THAT YOUR AUTHORIZED USERS’ USE OF THE SERVICES IS SUBJECT TO THESE TERMS, AND THAT YOU ARE DIRECTLY RESPONSIBLE TO US FOR ENSURING THAT YOUR AUTHORIZED USERS AGREE TO, AND COMPLY WITH, THESE TERMS AND OUR PRIVACY POLICY, AND USE THE SERVICES SOLELY AS EXPRESSLY PERMITTED BY AND IN ACCORDANCE WITH THESE TERMS.
2.4 Breach or Unauthorized Access Notification
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.5 Prohibited Use
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
3. Services
3.1 Platform Services
UpDawg Inc. provides a platform that offers services to recruiters, companies, and highly networked individuals ("Beacons"). UpDawg and our Services act only as an interface to facilitate – not to direct or control - communications and/or interactions among Recruiters, Beacons, Companies, or Candidates. We are not a party to any relationship or separate agreement entered into among Beacons or Recruiters, and we disclaim any and all liability relating to the above. Any successful hiring of a candidate/referral by an employer involves a direct relationship between the candidate/referral and the employer.
3.2 Job Postings
Once you register, you will be able to view open positions (“position”, or “open position”, or requisition) that can be posted. Each position will have terms and a potential payment defined. You will be able share uniquely generated links with potential referrals and through which potential referrals can apply to an open position. Each link generated via your account is identified with your account such that we will be able to track referrals who apply for a position via your uniquely generated link.
3.3 Referral Payments
We use commercially reasonable efforts to track the status of positions and to identify when a referral has been hired, collect applicable payments owed to UpDawg, and distribute them where applicable.
If a Candidate is referred through Beacon, the Beacon (referrer) is owed the agreed-upon referral fee if the Candidate is hired by the Customer, its client, or any affiliate for any role within six (6) months of the referral—regardless of whether the hire is for the originally posted job or a different position. The Customer is responsible for tracking and fulfilling any applicable referral fee payments in accordance with this provision.
3.4 Users Are Not UpDawg Employees, Agents, or Contractors
By using our Services, you agree that, with respect to your activities, and unless indicated otherwise in an express written agreement between you and UpDawg: (a) you and your authorized users are not employees or agents of UpDawg; and (b) UpDawg is not required to provide you or any of your authorized users with workers’ compensation, unemployment insurance or disability benefits, minimum wage or overtime pay, or any other employee wages and benefits.
3.5 Third-Party Providers
You acknowledge and agree that UpDawg may provide the Services using third-party providers, including subcontractors and consultants. Nothing within the Site or the Services shall be considered an endorsement, representation, or warranty with respect to any User or third-party provider.
3.6 User Consent to Shared Content on Social Media Users will always be asked to consent to any Content shared through LinkedIn or any other social media sites.
4. Payment Terms & Taxes
4.1 Orders & Services Fees
All orders are non-cancelable and service fees are non-refundable. We will invoice online service fees in advance and/or process via credit card. Online service fees may also accrue based on Customer’s provision of users or their use of the online services and will be invoiced according to the applicable order and documentation.
You are solely responsible for all costs incurred by you in connection with your use of the Services. Unpaid fees are subject to a service charge of 1.5% per month of the amount due or the maximum amount permitted by law, whichever is lower.
4.2 Taxes
Customer will bear all taxes, duties, VAT, and all other governmental charges (collectively, “Taxes”) resulting from this Agreement. Invoices issued to customers will be inclusive of all goods and services tax, sales tax, use tax, excise tax and any other similar taxes duties and charges of any kind imposed by any federal, state or local governmental entity or regulatory authority. It is the responsibility of the customer to remit payment for applicable taxes, even in the event they are omitted from an invoice. If Customer is exempt from any applicable Taxes, Customer will provide evidence reasonably satisfactory to UpDawg of Customer’s tax-exempt status and, after receipt of such evidence, we will not charge Customer any Taxes from which it is exempt. If it is determined that payments due under this Agreement are subject to withholding Taxes, Customer will notify us prior to deducting any such Taxes. Customer will: (a) only withhold amounts required under law; (b) make timely payment to the proper taxing authority of such withheld amount; and (c) provide UpDawg with proof of such payment within thirty (30) days following that payment.
4.3 Credit Card Processing
Customer may purchase, upgrade, or downgrade at any time. In such an event, the Customer’s credit card on file with UpDawg will automatically be charged with a fee for the next payment interval with the rate stipulated. Services may require authorization of a credit card that will be billed upon completion of defined milestones (e.g. referral, hiring, etc.). The credit card on file will be authorized for use if any events are completed and payment is due. If the authorization expires, the user will be required to refresh the credit card information to maintain the posting and/or maintain user access. Failure to re-authorize the credit card may result in suspended access and/or remove the posting of a requisition.
4.4 Service Suspension for Delinquent Payment
If Customer's account is fifteen (15) days or more overdue, in addition to any of its other rights or remedies, we reserve the right to suspend Customer’s access to the applicable Services, without liability to Customer, until promptly after such amounts are paid in full, provided that, prior to any such suspension, we shall provide notice to Customer and afford Customer a reasonable opportunity (at least three (3) business days) to pay such amounts in full.
4.5 Payments and Income Tax
The relationship of Users to UpDawg is that of an independent contractor and nothing contained in these Terms shall be deemed to create an employer-employee relationship between a User and UpDawg. Therefore, Users acknowledge and agree that they are solely responsible for payment of any and all taxes payable in connection with fees paid and that UpDawg shall not withhold any such taxes unless it determines that it is required to do so by applicable law. Users hereby indemnify UpDawg against any losses or liabilities incurred by UpDawg as a result of failure to pay any taxes payable by Users with respect to payments received or any other benefits received pursuant to these Terms.
5. User Content
5.1 Posted Content
By posting Content on or through the Site, you represent and warrant that the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site.
5.2 Content Availability:
You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
6. Monitoring
6.1 UpDawg Reserved Rights
UpDawg reserves the right to view, monitor, and record activity on the Site without notice to or permission from you. We may disclose any Content, records, electronic communications, information, materials or other content of any kind if we believe in good faith that applicable law, regulation or legal process requires it, if such disclosure is necessary or appropriate to operate this Site, or to protect our rights or property or the rights or property of our users and business partners. In addition, Content found on or through this Site is the property of UpDawg or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. Intellectual Property
The Site and its original content (including Content provided by users), features, and functionality are and will remain the exclusive property of UpDawg and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UpDawg.
8. Links to Other Web Sites
Our Site may contain links to third-party websites or services that are not owned or controlled by UpDawg. UpDawg has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9. Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may email [email protected] requesting your account be deleted. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Deletion of one’s account does not remove archived data which UpDawg may be required to retain as a matter of law or for its own purposes.
10. Indemnification
You agree to defend, indemnify, and hold harmless UpDawg and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Site, by you or any person using your account and password, (b) a breach of these Terms, or (c) Content posted on the Site.
11. Limitation of Liability
In no event shall UpDawg, nor its officers, directors, shareholders, 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 (a) your access to or use of or inability to access or use the Site, (b) any conduct or content of any third party on the Site, (c) any content obtained from the Site, and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. If any limitations are held inapplicable or unenforceable for any reason, then UpDawg's maximum liability to you for any non-direct type of damages shall be limited to U.S. $100.00 in the aggregate.
If you are a California resident, you waive California Civil Code Section 1542, which may allow claims for unknown issues at the time of agreement
12. Disclaimer
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
14. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued use of the Site after we post any modifications to the Site will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
15. Contact Us
If you have any questions about these Terms, please contact us at [email protected].