AlwaysHired Agreement


AlwaysHired Offer Agreement

This Contract for Services is made effective as of Gabriel Moncayo , by and between and AlwaysHired of 2120 University
Ave, Berkeley, CA 94704 (“We” or “Company”).

  1. DESCRIPTION OF SERVICES. AlwaysHired will provide the following services (collectively, the "Services"): Sales bootcamp, ongoing sales training, and job placement support, post placement support. 
    1. Sales bootcamp is our remote live instructor-led structured training curriculum, which includes modules, homework assignments, and quizzes.
    2. Ongoing sales training is described as our continued live instructor-led training that is provided outside of the sales bootcamp curriculum. This includes 1 on 1 and group sessions all live with an instructor.
    3. Job placement support entails email and LinkedIn applications, referrals and introductions to our Alumni network, live check-ins twice per week, live interview training, live interview preparation, and live offer negotiation
    4. Post placement support ensures that the AlwaysHired alumni network is world-class. For up to 6 months after getting a job, an instructor will work with you live daily to ensure you are hitting quota. Hopefully you don’t need this, but we think it is nice to know it's there.
  2. TRAINING & PLACEMENT  GUIDELINES.  As  a  candidate,  You  must  adhere  to  the AlwaysHired Training & Placement Guidelines, listed below, at all times. Failure to do so will result in damage to our reputation as well as to future candidates’ chances at getting jobs. Therefore, any violation of the Training & Placement Guidelines may result in the immediate termination  of  this  agreement,  at  our  sole  discretion.  Since  launching  in  2015,  these guidelines have landed ~1,000 people jobs in the technology sector. Do not commit to this program if you cannot adhere to the AlwaysHired Training & Placement Guidelines.
    AlwaysHired Training & Placement Guidelines:
    2a. Training Guidelines.
    • Arrive early/on time for meetings.
    • Live Video & Audio is required when on a Zoom/Google Meet/Discord.
    • Attendance issues are only excused with a professional note (Doctors, Legal, etc.)
    • Respond to Emails, Voicemails, and Slack messages from AlwaysHired, and its affiliates, within 24 hours.
    • Complete 1on1 prep with AlwaysHired prior to all interviews.
    • Do not commit fraud or engage in conduct that could be considered detrimental to the team;  including  but  not  limited  to  name  calling,  gossiping,  and  inappropriate remarks.
    • Have a working laptop, with Chrome Browser and working high-speed internet connection.
    • Have a good attitude.
    2b. Placement Guidelines.
    • Arrive minimum 15 minutes early to interviews.
    • Have a quiet place with high-speed internet and a computer for phone interviews.
    • Schedule interviews 2-3 calendar days out. Not more, not less.
    • Prepare with AlwaysHired prior to all interviews, regardless of stage, unless excused in writing by a Trainer.
    • Respond to Emails, Voicemails, and Slack messages from AlwaysHired within 24 hours.
    • Respond to Emails, Voicemails, and Slack messages from any affiliated AlwaysHired party within 24 hours.
    • Check-ins up to 3x per week via phone or Zoom/Google Meet until an offer is signed.
    • Do not commit fraud or perform conduct that could be considered detrimental; including but not limited to name calling, gossiping, and inappropriate remarks.
    • Attendance issues are excused only with a professional note (Doctors, Legal, etc.)

    Should you be terminated by your new employer with or without cause, you must notify the Company. Should you be terminated for poor attendance, fraud, physical or verbal attacks, or conduct detrimental to the team you must notify the Company. Should you be subject to any disciplinary action, warning, suspension or put on a performance improvement plan by your employer within your first 6 months on the job, you must notify the Company.

  3. QUALIFYING OFFER. The Candidate has the ability to accept or reject offers at their sole discretion. When the Candidate accepts an offer it will be deemed a Qualifying Offer and the Candidate  will  be  bound  by  the  Payment  &  Terms.  A  Qualifying  Offer  must  be  a  W-2 employment offer to work at a Technology Company or a Technology Enabled Company. If a Qualifying Offer is not accepted within 150 days from the date this agreement is signed the terms will automatically expire and no payment will be due.
    3a. A Technology Company is defined as a company that sells software, hardware, or services  on  behalf  of,  or  within  the  technology  industry.  A  tech  company  is  defined  as developing tech products and services for sale as its core business, a tech-enabled company is defined as not doing the building but using those technologies to facilitate or enhance its operations.
  4. PAYMENT & TERMS. You are requesting a Deferred Tuition Payment Plan. This is a plan offered directly by AlwaysHired that has specific requirements and obligations to make future payments of $500 per month for 18 months ($9,000 total) once you have received a Qualifying  Offer,  as  defined  under  the  Deferred  Tuition Payment Plan Agreement. THERE ARE  NO  FINANCE  CHARGES  AND  A  0.0%  ANNUAL  PERCENTAGE  RATE  UNDER  THE DEFERRED TUITION PAYMENT PLAN. Once a Qualifying Offer is signed the candidate will be invoiced for their first payment on Net15 payment terms based on their start date and projected  first  paycheck.  Subsequent  payments will be submitted every 30 days, or on a date that recurs monthly at the candidate’s request and only after confirmed in writing by AlwaysHired. No down payment is required on the Deferred Tuition Payment Plan, although a seperate $1,000 non-refundable commitment fee is required to enroll and due prior to the start of training.
    If a candidate obtains a Qualifying Offer and then is terminated without cause due, but not limited, to layoffs, downsizing, restructuring, or a merger, or an acquisition, payments will be paused until another Qualifying Offer is obtained. Once another Qualifying Offer is obtained, payments will resume via the original payment terms as described in Section 4.
    If a candidate obtains a Qualifying Offer and is terminated for cause due strictly to performance with written verification such as a Performance Improvement Plan, written warnings from the employer, or any signed documentation, payments will be paused until another  Qualifying  Offer  is obtained. Once another Qualifying Offer is obtained, payments will resume via the original payment terms as described in Section 4.
    If a candidate obtains a Qualifying Offer and resigns or is terminated for cause due to egregious actions such as, but not limited to, physical or verbal abuse, unexcused absences, tardiness, or any other action that could be considered conduct detrimental to the team, payments will not be paused.
    Should you be terminated by your new employer with or without cause, you must notify the Company. Should you be terminated for poor attendance, fraud, physical or verbal attacks, or conduct detrimental to the team you must notify the Company. Should you be subject to any disciplinary action, warning, suspension or put on a performance improvement plan by your employer within your first 6 months on the job, you must the Company.
  5. TERM. This Contract will remain in effect unless mutually terminated by the parties. In the event You violate the AlwaysHired Training & Placement Guidelines, then AlwaysHired may terminate the agreement effective immediately.
  6. WORK PRODUCT OWNERSHIP. Any copyrightable works, materials, or other information that AlwaysHired shares with You in connection with the Services (collectively the "Work Product") is the exclusive property of AlwaysHired, and You agree not to share any Work Product with any third parties, without the prior written approval of AlwaysHired, Inc. Upon request, You will execute all documents necessary to confirm or perfect the exclusiveW ownership of AlwaysHired to the Work Product, and confirm that You are obligated to not share the Work Product with third parties.
  7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The failure to adhere to and abide by the AlwaysHired Training G Placement Guidelines. c. The failure to make available or deliver the Services in the time and manner provided for in this Contract, and to remedy such a failure within 30 days of written demand.
  8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, offcers, agents, or affliates.
  9. DISPUTE RESOLUTION. Any controversy or dispute between the parties shall be resolved by arbitration under the Federal Arbitration Act and before the American Arbitration Association (AAA) in accordance with AAA's then governing Commercial Arbitration Rules. The arbitration proceeding shall be held in San Francisco, California or at a location mutually agreed to by the parties in writing. The administrative cost of the arbitration and the arbitrator's fee shall be shared equally by the parties. The arbitrator in such an instance shall have no authority to modify the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. Both parties are responsible for their own attorney's fees and costs incurred in connection with such arbitration. NOTICE ANY HOLDER OF THIS DEFERRED TUITION PAYMENT PLAN AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH I COULD ASSERT AGAINST THE SCHOOL FOR THE SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY ME SHALL NOT EXCEED AMOUNTS PAID BY ME HEREUNDER.
  10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
  11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  12. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
  13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
  14. NOTICE. Any notice or communication required or permitted under this Contract shall be suffciently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
  15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
  16. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
  17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
  18. LIMITATION OF LIABILITY. IN NO EVENT WILL CLIENT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. CLIENT’S TOTAL CUMULATIVE IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF COMPENSATION AND EXPENSES OWED BY CLIENT TO COMPANY FOR SERVICES PERFORMED UNDER THIS AGREEMENT.
  19. MODIFICATION OF AGREEMENT. Any amendment or modification of this Agreement or additional obligations assumed by either party in connection with this agreement will only be binding if evidenced in writing and signed by an authorized representative of each party.
  20. NON DISCLOSURE. You agree that the sole purpose of working with AlwaysHired is to obtain a technology sales job. You will not share material, communicate our network access, or any other AlwaysHired Inc material without explicit written consent from AlwaysHired
  21. SIGNATURES. This Agreement shall be signed by Gabriel Moncayo, Co-founder G CEO on behalf of AlwaysHired and on behalf of themselves. The foregoing is agreed to by the undersigned as of the date first written above. If this agreement is not signed within 5 business days the terms will expire.

MILITARY LENDING ACT DISCLOSURES:

If you are a member of the active military, or a spouse or dependent of a member of the active military, and your Deferred Tuition Payment Plan is subject to the provisions of the Military Lending Act ("MLA"), the following apply beginning October 3, 2016. (The federal government requires us to provide this notice to you. However, we do not assess any of the fees referenced in this notice. Payments are equal to $500 per month for 18-months once you have received a Qualifying Offer under the Deferred Tuition Payment Plan Agreement. Please refer to your Approval Disclosure for information regarding your monthly payments for the Deferred Tuition Payment Plan):
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Because the Deferred Tuition Payment Plan has an APR of 0.0% there will be no adjustment to the terms of your Plan if at any point during the Payment Term you become enlisted in active duty military service as defined in the U.S. federal statute Service members Civil Relief Act (50 U.S.C. §§ 3901-4043).
To hear this statement of your rights under the MLA, including whether you are a "covered borrower", and for a description of your payment obligation, please call 214.775.9960.

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Signed by Gabriel Moncayo

Title: Co-founder & CEO

Signed On: October 17, 2024

2120 University Ave, Berkeley, CA 94704
Admissions@alwayshired.com