Revised 10 July 2025
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF AGREEMENT (the “AGREEMENT”), WHICH SET
FORTH, THE AGREEMENT BETWEEN YOU AND OZAPPS, LLC DBA OZAPPS GLOBAL STAFFING (the “COMPANY”) IN CONNECTION WITH THE PROVISION OF THE SERVICES TO YOU. THE FOLLOWING TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED WHICH INCLUDES A JURY TRIAL WAIVER.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE AUTOMATIC RENEWAL AND CONTINUOUS SERVICE OF THE SERVICES SET FORTH IN SECTION 5 OF THIS AGREEMENT.
YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH IS MADE EFFECTIVE AS OF THE DATE OF YOUR ELECTRONIC ACCEPTANCE.
This Agreement sets forth the terms and conditions of your use of the Services (as defined herein) and your electronic acceptance of this Agreement as well as any other related policy posted or provided in connection with the Services including but not limited to Enrollment Confirmation (as defined herein) (the Enrollment Confirmation with such other related policies and this Agreement shall be collectively defined herein as the “Policies”). In the event of any direct conflict between this Agreement, the Enrollment Confirmation, and any other term included in the Policies, the order of precedence shall be Agreement, the Enrollment Confirmation, and then any other Policies.
If you do not agree to the Policies including but not limited to this Agreement, you are not permitted to utilize the Services. The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “user” or “Client” shall refer to the Client that has accepted this Agreement in connection with the provision of the Services which shall be a business located in the United States or Canada and as applicable will include any officers, directors, employees, contractors or agents who have access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except as expressly set forth herein.
1. MODIFICATION
Company reserves the right to modify, change, or discontinue any aspect of the Services at any time. Company may, in its sole and absolute discretion, change or modify this Agreement or the services at any time and from time to time upon thirty (30) days’ notice. If we do change the Agreement or the Services, we will post the changes on this page and will indicate at the top of this page the effective date of the new Agreement and such changes or modifications shall be effective immediately upon posting them. In addition, Company may, except as required by applicable State law not have an obligation to notify you of changes or modifications to this Agreement by email. It is, therefore, very important that you keep your account information accurate and current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from your failure to keep your account information accurate. For the avoidance of doubt, your continued use of the Services constitutes your agreement to be bound by this Agreement and the Policies and we encourage you to therefore review them periodically by clicking the “Terms of Agreement” link at the bottom of our website, located at https://www.ozappsglobalstaffing.com/terms-of-agreement.
2. SERVICES
Company may provide the following services as confirmed in the Enrollment Confirmation (collectively the “Services”). Upon your enrollment in the Services and submission of a payment method, Company will provide you a confirmation via email to the email address you have provided in your submission paperwork which outlines the details of the Services to be provided (the “Enrollment Confirmation”).
The Services shall commence on the date set forth in the Enrollment Confirmation.
OGS Remote Professional Services. Company agrees to provide the services of dedicated OGS remote support (each a “OGS Remote Professional”) in such amount of OGS Remote Professional(s) and on the days and hours as set forth in the Enrollment Confirmation and Section 3 hereof.
The Services of the OGS Remote Professional(s) shall include specialized virtual support aligned with their defined scope of expertise, which may include but are not limited to administrative, operational, or industry-specific functions, as agreed upon in advance with the client.
Company will work with you to determine the most appropriate OGS Remote Support(s) to meet your business needs and preferences. To the extent any OGS Remote Support is unacceptable to you in good faith, Company will take reasonable efforts to promptly replace the OGS Remote Support with another similarly qualified OGS Remote Support. To the extent your OGS Remote Support is temporarily or permanently replaced whether at your request or otherwise, it is acknowledged and agreed that you, and not Company shall be responsible for transferring all Information (as defined herein), guidelines, protocols, systems or other materials from your previous OGS Remote Support to the new OGS Remote Support.
In order to utilize the Services, in addition to complying fully with the Policies, you are required to provide Company with a valid email address where Company can send you communications and updates as well as a listing of the parties who are authorized and permitted to make updates, changes
or take action on your behalf with respect to the Services which shall be confirmed on the Enrollment Confirmation. Additionally, in order to ensure the prompt and effective performance of the Services, you agree to immediately update Company of any changes to your email addresses or other contact
information as Company may send you email or other messages in connection with the Services or otherwise related thereto. If you wish to limit the messages/alerts provided by Company, you may opt-out of certain messages/alerts as provided in the Policies.
The OGS Remote Support Services are for your benefit alone, and cannot be transferred or resold.
3. HOURS
OGS Remote Support Professionals shall be contracted to provide services during a mutually agreed upon window of availability Monday through Friday. During this designated period of up to nine (9) consecutive hours per day they shall remain available and responsive to the Client. This window includes one (1) unpaid one hour break and two (2) paid fifteen (15) minute breaks, one in the morning and one in the afternoon.
OGS Remote Support Professionals will not be available on the following U.S. public holidays unless otherwise agreed in writing: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day.
Remote Professional Paid Time off:
OGS Remote Support Professionals are entitled to up to sixteen (16) calendar days of paid time off (PTO) per twelve-month engagement period. PTO may be used for personal, vacation, or sick days and must be scheduled with a minimum of five (5) business days’ notice, except in cases of emergency.
PTO applies to contracted service days only (Monday through Friday) based on the professional’s agreed-upon schedule. If a scheduled workday is missed and approved as PTO, the professional will remain compensated for that day. PTO will not be deducted for weekends or non-contracted workdays.
All PTO must be approved in writing by OGS in advance. Unused PTO does not roll over unless otherwise agreed upon in writing.
Advance Notice Requirement
OGS Remote Support Professionals must provide at least one (1) month prior written notice for any planned vacation or paid time off days.
Scheduling and Approval
All vacation or paid time off days must be scheduled in advance and coordinated with the Client to minimize any disruption to ongoing operations.
Temporary Fill-in Support
Upon receiving at least one (1) month prior written notice, OGS will use commercially reasonable efforts to provide temporary or fill-in Remote Support Professionals at no additional cost. The Client acknowledges that any fill-in support provided may not be dedicated exclusively to their account and may concurrently serve other Clients. If the Client chooses to decline the fill-in support, no refund or credit will be issued for the PTO days taken by the original Remote Support Professional.
4. FEES
The Services shall be provided at the monthly rate per OGS Remote Support Professional as set forth in the Enrollment Confirmation (the “Monthly Fee”). The Monthly Fee may be changed or modified by OGS or its designated representative at any time upon thirty (30) days’ prior notice sent via the email address provided in Section 2; provided that no more than one fee increase may occur within any calendar year.
Your purchase of the Services will automatically continue and renew on a monthly basis based on the start date specified in the Enrollment Confirmation at the then-current rates, unless you terminate the Services as provided in Section 5 herein. You agree to pay the Monthly Fee in advance by providing OGS with your credit card information.
All Monthly Fees are non-refundable except as expressly set forth herein. You authorize OGS, its payment processor Stripe or any successor thereof, to store your payment information and to charge the Monthly Fee and any other amounts due hereunder to your designated payment method three (3) days prior to the commencement of each month of Services without additional notice. You also agree to set up automatic payments; Services will not commence until this is completed.
If for any reason OGS is unable to charge your payment method in full for the Services, or receives notification of a chargeback, reversal, payment dispute, or is charged any penalties related to a previous charge, you agree that OGS shall be entitled to reimbursement for such chargebacks, penalties, fees, and any out-of-pocket costs and expenses, including reasonable attorneys’ fees, incurred in connection with collection efforts.
Additionally, if OGS is unable to collect payment when due, OGS reserves the right to suspend Services until full payment is received. You represent and warrant that you are authorized to provide the payment information and approve charges as described herein.
5. TERM AND TERMINATION
A. This Agreement commences upon your electronic acknowledgment or acceptance and shall continue on a month-to-month basis until either you or OGS terminates the Services by providing notice via email to your designated OGS Talent Partner or by phone at 629 263-5459.
You may terminate Services at any time and will receive a refund for the unused portion of your monthly fee. Upon termination, you acknowledge that (i) neither OGS nor its Remote Support Professionals (collectively, the “OGS Parties”) shall have any further obligation or liability to provide Services or complete any tasks, projects, or other actions beyond the termination date; (ii) it is your sole responsibility to copy, export, or otherwise collect any information provided to or prepared by OGS or the Remote Support Professionals in connection with the Services prior to termination; and (iii) it is your sole responsibility prior to termination to change all passwords or access credentials related to the Systems.
B. The Client may elect to terminate this Agreement with respect to a specific Remote Support Professional assigned to them (“Subject Professional”) and directly employ or retain the Subject Professional effective on the agreed-upon effective date (the “Effective Date”), provided the Client complies with the conditions set forth in Section 5C below. This right is referred to as the “Buyout Option.” If the Client utilizes more than one Remote Support Professional, the Buyout Option applies only to the Subject Professional. The Client acknowledges that as a condition of exercising the Buyout Option, the Client and Subject Professional must release OGS from certain responsibilities. The Buyout Fee may be updated by OGS with thirty (30) days’ prior written notice.
C. The following conditions are the conditions referred to in Section 5B:
(a) Client has utilized the services of a Subject Professional for a minimum of eighteen (18) months.
(b) Client shall have notified the Company of its intention to exercise the Buyout Option as to a Subject Professional prior to initiation any direct discussions with the Subject Professional. Thereafter, Client shall advise the Company of any discussions it has with the Subject Professional regarding Client’s employment/retention of the Subject Professional.
(c) Client shall have given the Company prior written notice of exercise of the Buyout Option which shall include the date upon which the Buyout Option shall be effective (“Effective Date”). The Effective Date shall be not less than thirty (30) days, and not more than sixty (60) days, after the date of the exercise notice. If the Company believes Client is not eligible to exercise the Buyout Option, it shall notify Client withing five (5) business days of the Company’s receipt of the notice of exercise of the Buyout Option.
(d) The Client shall not have breached this Agreement during its Term and must be in full compliance with all terms and conditions of this Agreement at the time of providing notice to exercise the Buyout Option and on the Effective Date. For avoidance of doubt, the Client must be current in the payment of all amounts due to OGS under this Agreement. The Buyout Option shall become effective, and the Effective Date shall occur, only if all conditions set forth in this Section 5C are met. (e) OGS shall receive a Buyout Fee of fifteen thousand US dollars (USD $15,000) from the Client. This Buyout Fee shall be paid no later than ten (10) business days following the Client’s exercise of the Buyout Option. The Buyout Fee is non-refundable.
(f) The Client shall have executed and delivered to OGS a Client Release, which shall be provided to the Client upon request or promptly following the exercise of the Buyout Option. The Client Release shall become effective on the Effective Date, even if executed and delivered by the Client prior to the Effective Date.
(g) The Subject Remote Professional (“RP”) shall have executed and delivered to OGS an RP Release, which shall be provided to the RP upon request or promptly following the Client’s exercise of the Buyout Option. The RP Release shall become effective on the Effective Date, even if executed and delivered by the RP prior to the Effective Date.
D. Effective on the Effective Date:
(a) The Client shall have no further obligations to OGS with respect to the Subject Remote Professional.
(b) The Subject Remote Professional shall have no further obligations to OGS that would preclude his or her employment or retention by the Client.
(c) OGS shall have no further obligations to the Client with respect to the Subject Remote Professional. OGS shall have no further obligations to the Subject Remote Professional, nor shall it have any rights that would prohibit the Subject Remote Professional from becoming employed or retained by the Client.
(d) The Subject Remote Professional will have no further rights to participate in, or access, the OGS Learning Centre. Additionally, the Subject Remote Professional will lose access to OGS resources, community, and benefits.
(e) The Client shall have no right to any ongoing support, replacement guarantees, or quality assurance services provided by OGS with respect to the Subject Remote Professional.
(f) Notwithstanding the exercise of the Buyout Option, this Agreement shall remain in effect with respect to any other Remote Professionals provided by OGS. In addition, the Client retains the opportunity to utilize OGS for future hiring needs under standard terms and conditions.
6. COMPANY INFORMATION; SYSTEMS
OGS may provide the Remote Professional(s) with an OGS email account (“OGS Email”) through which you can communicate with the Remote Professional(s), it being understood and agreed that OGS may monitor the OGS Email. You should not send any confidential or protected information through the OGS Email.
You shall be responsible for providing the Remote Professional(s) with any other software, communication channels, technology systems, platforms, third-party websites, and accounts necessary to provide the Services and retrieve any information in connection with the Services (the “Systems”). You shall be solely responsible for maintaining appropriate security measures sufficient to protect the Systems and any information used or provided by the Remote Professional(s) on your behalf, and for ensuring compliance with all applicable laws and regulations related to any information or materials.
You shall provide the Remote Professional(s) with all relevant usernames, passwords, and other credentials needed to access the Systems and/or authorize the Remote Professional(s) to register for online access to your Systems in connection with the Services. You, and not OGS, shall be responsible for providing the Remote Professional(s) access to the Systems and any information required to perform the Services and shall be liable for any activities of the Remote Professional(s) on or in connection with the Systems.
You acknowledge and agree that in accessing the Systems and retrieving related information, the Remote Professional(s) act as your agent on your behalf and that you are solely responsible for compliance with all laws, regulations, policies, or agreements related thereto.
The parties acknowledge and agree that any Information provided or made available by you to the Remote Professional(s) remains solely in the possession of the Remote Professional(s) and is not provided or made available to OGS. Accordingly, OGS shall not be liable for any publication, disclosure, use, or handling of such Information by the Remote Professional(s).
Notwithstanding the foregoing, the Remote Professional(s) may provide OGS with anonymized information related to the performance of the Services so that OGS may improve its Services, marketing, or related offerings.
Your use of the Services and OGS’s agreement to provide the Services is expressly conditioned upon your continued agreement to the following:
(a) To be bound by and to continue observance of the terms of this Agreement and any applicable Policies;
(b) To provide OGS and its Remote Professionals with true, accurate, current, and complete information as reasonably required to provide the Services;
(c) You are solely responsible for maintaining the confidentiality and security of your Systems and any and all information, access codes, or other relevant materials, and OGS shall not be liable for any loss or damage arising from your failure to securely maintain such information;
(d) You represent that you are over eighteen (18) years of age, located in the United States or Canada, and have the requisite authority to provide all information, access, and to authorize the payment method in connection with the Services;
(e) You understand and agree that the Services are provided on an “as is” and “as available” basis, and your use of the Services is at your own risk;
(f) You will not use the Services for any illegal or unauthorized purpose, and your use of the Services does not violate any applicable laws or regulations;
(g) You will not resell, provide any part or portion of, or otherwise charge third parties a fee for the Services;
(h) You will not use the Services for any libelous, defamatory, indecent, offensive, bigoted, hateful, antisocial, disruptive (such as spamming, trolling, or bullying), or other discriminatory purposes; and
(i) You shall treat OGS Remote Professionals with professional courtesy and respect and shall not engage in any offensive, harassing, lewd, or otherwise demeaning behavior.
OGS reserves the right to terminate the Services immediately upon notice and without refund if you or any authorized user of the Services violate the foregoing conditions, as determined by OGS in its sole discretion.
You further agree that OGS is not responsible for the completeness or accuracy of any information you provide, nor does OGS review such information for completeness or accuracy.
8. NON-SOLICITATION
You agree that during the term of the Services and for a period of three (3) years following the expiration or termination thereof, neither you nor any of your affiliates or representatives (each, a “Restricted Person”) shall directly or indirectly, for yourself or on behalf of any other person or entity: (a) solicit, hire, employ, or otherwise engage any OGS Remote Professional (i) who is then currently providing services to OGS or who provided services to OGS during the provision of Services to you; or (ii) who provided Services to you; or (b) induce, influence, or encourage any OGS Remote Professional who provided Services to you to cease, terminate, or refrain from providing services to OGS or otherwise interfere with such Remote Professional’s relationship with OGS.
You acknowledge that any breach of this Section would cause OGS to incur substantial economic damages that are difficult or impossible to quantify. Accordingly, the parties agree that, as liquidated damages and not as a penalty, you shall pay OGS within thirty (30) days of demand an amount equal to thirty (30) months of the then-current Monthly Fee. You further acknowledge and agree that OGS may charge your designated payment method for the amount of such liquidated damages as provided herein.
This Section shall not limit OGS’s right to recover reasonable attorneys’ fees, costs, and expenses pursuant to Section 13 of this Agreement.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” OGS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (A) THE SERVICES OR ANY EXPECTED RESULTS THEREOF; (B) THE REMOTE PROFESSIONAL’S ABILITY TO ACCOMPLISH ANY SPECIFIC GOAL, PROJECT, OR TASK, OR THAT THE USE OF A REMOTE PROFESSIONAL WILL RESULT IN ANY INCREASE IN BUSINESS, REVENUE, OR BUSINESS EFFICIENCIES; OR (C) THE ACTIONS OR CONDUCT OF ANY REMOTE PROFESSIONAL, AND OGS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
FURTHERMORE, NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OGS, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS, OR AGENTS, EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE POLICIES, SHALL IN ANY WAY LIMIT THE DISCLAIMERS SET FORTH HEREIN.
THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT, THE SERVICES, OR YOUR USE OF THE SERVICES PROVIDED BY OGS AND ITS REMOTE PROFESSIONALS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL OGS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “OGS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SERVICES, OR (B) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES PROVIDED BY OGS REMOTE PROFESSIONALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE OGS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT OGS’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES PROVIDED BY OGS.
11. INDEMNITY
You agree to protect, defend, indemnify, and hold harmless OGS and its subsidiaries, affiliates, related companies, shareholders, officers, directors, members, managers, employees, agents, successors, and assigns (collectively, the “OGS Indemnitees”) from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable outside attorneys’ fees) imposed upon or incurred by the OGS Indemnitees, directly or indirectly, arising out of or relating to:
(a) Your use of and access to the Services;
(b) Your violation of any provision of this Agreement or any applicable Policies;
(c) Your breach of any representation or warranty contained herein; and/or
(d) Your violation of any third-party rights, including, without limitation, any intellectual property or other proprietary rights.
The indemnification obligations under this Section shall survive the termination or expiration of this Agreement and your use of the Services.
12. GOVERNING LAW, CHOICE OF FORUM, AND JURY WAIVER
Applicable Law: You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Wyoming, without regard to its principles of conflict of laws, will govern this Agreement, the Policies, and any claim or dispute that arises between you and OGS, except as otherwise stated in the Policies.
Choice of Forum: Each party irrevocably and unconditionally agrees that any action, litigation, or proceeding arising out of or relating to this Agreement or the Policies shall be brought exclusively in the United States District Court for the District of Wyoming or the state courts of Wyoming sitting in [specify county, e.g., Laramie County], and any appellate court thereof. Each party irrevocably submits to the exclusive jurisdiction of such courts and agrees to bring any such action only in those courts. A final judgment in any such action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or otherwise as permitted by law.
Waiver of Jury Trial: Each party acknowledges that disputes arising under this Agreement or the Policies may involve complex issues and, accordingly, each party irrevocably and unconditionally waives any right to a trial by jury in any legal action arising out of or relating to this Agreement, the Policies, or the transactions contemplated herein.
13. LITIGATION COSTS AND EXPENSES
If OGS initiates any legal suit, action, defense, or proceeding against you to enforce this Agreement or the Policies (or to obtain any other remedy arising out of or relating to this Agreement or the Policies), and OGS is the prevailing party in such suit, action, or proceeding, you agree to pay all costs and expenses incurred by OGS in connection with the enforcement, including, without limitation, reasonable attorneys’ fees, court costs, and other related expenses, even if such costs are not otherwise recoverable by law.
14. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings used in this Agreement are for convenience and reference only and shall not affect the interpretation or construction of this Agreement. Each covenant and agreement contained herein shall be construed as a separate and independent covenant. If any provision or portion of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect to the fullest extent permitted by law.
15. RELATIONSHIP OF THE PARTIES
The relationship between you and OGS is that of independent contractors. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. Neither party shall have authority to bind or contract for the other except as expressly authorized in writing.
16. ENTIRE AGREEMENT
This Agreement, together with the Enrollment Confirmation and any applicable Policies, constitutes the entire agreement between you and OGS regarding the Services and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the Services.
17. ELECTRONIC COMMUNICATIONS AND COMMUNICATIONS WITH COMPANY
By communicating with OGS electronically, including by email, you consent to receive electronic communications from OGS at the email address you provide during registration or thereafter. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.
By entering into this Agreement, you provide your prior express written consent, in accordance with the Telephone Consumer Protection Act (TCPA) and any other applicable laws, to be contacted by OGS, including by calls and text messages to your cellular phone. Such contact may be made using any equipment deemed an automatic telephone dialing system (ATDS) or through the use of an artificial or prerecorded voice.
You may opt-out or revoke your consent to receive such communications at any time by sending an email to recruit@ozappsglobalstaffing.com indicating your revocation of consent to be contacted by OGS in this manner.
18. TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT – NEW JERSEY RESIDENTS AND GLOBAL CLIENTS
OGS provides services to clients globally and seeks to comply with applicable laws governing consumer contracts and protections.
New Jersey Residents:
Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain provisions in consumer contracts that violate clearly established legal rights or responsibilities under New Jersey law are unenforceable. Accordingly, the following provisions of this Agreement shall not apply to clients who are New Jersey residents:
(i) provisions limiting OGS’s liability for tortious actions or breach of contract;
(ii) provisions limiting the amount of damages that may be sought for such actions or breaches; and
(iii) provisions shortening the time period within which claims must be brought below that allowed by New Jersey law.
This Agreement is intended to comply with TCCWNA for New Jersey residents. In any conflict between this Agreement and TCCWNA, the terms of TCCWNA will govern.
Other Jurisdictions:
For clients located outside New Jersey, this Agreement shall be governed by the laws specified in Section 12 and subject to all applicable local, state, national, or international laws and regulations. OGS makes no representation that this Agreement complies with laws outside of New Jersey or Wyoming, and compliance with other jurisdictions’ consumer protection laws is the responsibility of the parties.
Addendum – Indemnification:
OGS agrees to protect, defend, indemnify, and hold harmless the Client and its subsidiaries, affiliates, related companies, and their officers, directors, members, managers, employees, agents, successors, and assigns (collectively, the “Client Indemnitees”) from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including reasonable attorneys’ fees), imposed upon or incurred by the Client Indemnitees directly or indirectly arising from:
(a) OGS’s violation of any provision of this Agreement; and
(b) OGS’s breach of any representations or warranties herein.
This indemnity excludes claims or damages excluded under the limitations of liability set forth in this Agreement. Indemnification obligations survive termination or expiration of this Agreement.