Top Notch Internships Service Agreement (signed electronically by all Candidates):
InternUSA Program Terms and Conditions:
Top Notch Internships, LLC Candidate Terms and Conditions, InternUSA (together with the online Privacy Policy, the “Agreement”)
Be sure to read and understand this full Agreement before signing as it is provided for your protection as well as Top Notch Internships, LLC’s protection. If you are uncertain as to your rights and obligations under this agreement, you are encouraged to obtain your own legal advice.
I, the “Candidate”, hereby agree as follows:
1.0 Definitions:
“Candidate” or “I” or “You” or “Your” means the applicant who has made application to one of our Programs
“Top Notch”, “TNI”, “We”, “Us”, “Top Notch Internships, LLC” or “Our” means Top Notch Internships, LLC and its Directors, Owners, members, partners, agents, servants, contractors, employees, and the individual(s) employed by or partnering with Top Notch Internships, LLC.
“Program” means a Candidate directed marketing campaign in a United States market or markets
“Program Fee” means the total fee paid by the Candidate for the TNI Program
“Agreement” means these Terms and Conditions, together with the application information
“Application Form” means the application for the Program to be completed by the Candidate to which this agreement is linked on the website
“Organization” means the specific Organization or establishment where you do your Internship and includes the directors, managers, employees, representatives, faculty, and other people within their control at the Organization.
“Internship” means industry or work related experience for Candidates conducted on-site within an Organization, initially as stated on the application form and thereafter as noted in any agreed and written Internship particulars. You, as Candidate, understand that the Program enables You to receive training and/or experience at an Organization together with professional development, and that you will not be paid for such work. TNI, its school partners and the host organization take no responsibility for the number of hours that the Candidate receives at the host organization or the ultimate content of the Placement. Hours and content are subject to occupancy, customer volume, seasonality and acts of nature, and while TNI cannot warrant or provide any representations regarding the specific day to day Internship. Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters.
2.0 Scope
This Agreement applies to all applications made by you with us for a Program.
3.0 TNI Services
Candidate shall receive the following inclusions from TNI related to the Program:
*At least 150 contact names in Candidates industry and geography of choice.
*A template for a cover letter, resume and interview tips (will not be customized)
*Detailed instructions for delivering a personalized marketing piece utilizing said contact names above. All costs for delivering the mailer (postage, paper, printing) are the sole responsibility of the Candidate.
4.0 Candidate Obligations and Responsibilities
*Full completion of all the mailing of the marketing piece as well as follow up correspondence including follow up e-mails, and follow up phone calls
*Attendance at any and all interviews, including telephone interviews
*Response to any reasonable requests by TNI or its agents, including responses to questions regarding company contact and offers
*Convey truthfulness and honesty in all communications to TNI
5.0 Payment
5.1 In order to maximize the value of our Programs, TNI makes financial commitments on your behalf prior to the program start date. Some of these costs cannot be recovered if Candidates withdraw from Program. In order to protect the integrity of the Program, the financial commitments of TNI, its partners, and the interests of all program Candidates, we are obliged to observe the following policies on payments:
5.2 At the time of application, Payment of the Program Fee in full is required. The current Program Fee is available at www.topnotchinternships.com.
6.0 Cancellation and Termination
6.1 Should a Candidate fulfill his/her obligations under paragraph 4.0 and not receive an internship offer, the Agreement can be extended and additional contacts can be produced upon mutual Agreement of both the Candidate and TNI. If the Agreement is not extended, or if, at any time TNI or its agents is of the opinion that they will be unable to facilitate the Internship, this Agreement will automatically terminate. In this event, the Program Fee will be fully refunded to the Candidate. Refunds may take up to 30 days to process.
6.2 It is Candidate’s responsibility to keep TNI informed of the process and to notify TNI if an internship offer has been extended. Candidate agrees that 3 months from the Application date is a reasonable time frame for completion of the process. In order to be eligible for a refund under paragraph 6.1, Candidate must provide written notice to TNI of the lack of an internship offer within 3 months from the original Application date, together with proof that Candidate completed the mailer. Forms of proof include a receipt from the post office for the purchase of postage, or a certification from the post office of the mailer. Please be sure to obtain proof that the mailer was sent or we will be unable to process a refund.
6.3 If Candidate should breach his/her obligation to be truthful to TNI with respect to a refund request or fulfillment of obligations, Candidate agrees to pay TNI the applicable Program fee as of the original Application date, plus the maximum amount of interest allowable by law which would have accrued since the original Application date.
6.4 If, at any time TNI or its agents is of the opinion, for any reason, that the Program is unsuitable to a Candidate’s needs, this Agreement will automatically terminate, and all fees will be fully refunded to the Candidate.
6.5 Candidates may terminate this Agreement by giving notice to TNI at any time if TNI breaches this agreement and the breach is not capable of remedy, TNI breaches this Agreement and the breach is capable of remedy but TNI fails to remedy the breach within ten business days of the date of written notice of the breach from the Candidate. If Candidate terminates this Agreement due to these causes, under no circumstances shall TNI or any of its employees, agents, partners, directors, or managers, be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination.
6.6 If this Agreement is terminated, then in addition to any other rights or remedies provided for by law each party is released from its obligations under this Agreement, other than in relation to any obligations intended to survive the termination of this Agreement, including those in paragraph 7.0. Each party retains any rights, entitlements, or remedies it has accrued prior to termination. If this Agreement is terminated for whatever reason or cause, under no circumstances shall TNI be liable to the Candidate for any losses, costs, or inconvenience suffered or incurred by the Candidate arising from such termination.
6.7 TNI does not warrant or provide any representations regarding the Self Program with regard to the following: The content at the host Organization, Accommodation, professional development, academic credit availability or transfer policies, health care insurance or emergency situations, conduct of the Organization or Candidate, legal problems, passport or visa problems, or Candidate travel or personal expenses. Candidate acknowledges that TNI does not offer any support or assistance beyond the Services detailed herein, and Candidate hereby releases TNI from liability for any injury, loss, damage, accident, delay, or expense arising out of any such matters.
7.0 Indemnification
Candidate acknowledges that the Program services are limited to the definition herein, and Candidate does hereby, for Candidate, Candidate’s heirs, executors, administrators, and assigned, waive, release, covenant not to sue or seek compensation from, and forever discharge the Directors and Owners of TNI and their members, partners, agents, servants, Organizations, and employees and the individual(s) responsible for, and employed by or partnering with, the Program and their agents of and from any and all manner of action or actions, causes or causes of action, including, but not limited to negligence, suits, debts, accounts, damages, claims and demands of whatsoever in law, in admiralty, or in equity or otherwise, which I, the Candidate have or may acquire by reason of injury or death, damage or harm to person, or property, arising out of, or connected with the Program. Further, I, the Candidate, agree to defend, indemnify and hold harmless TNI, its Directors, Owners, Shareholders, Agents, Partners, Employees, Alumni, and any related parties from any and all claims, demands, and/or causes of action arising out of my own actions or inactions while participating in the Program. The terms of this section shall survive the termination of this Agreement.
8.0 General
8.1 In order to facilitate Your Program, it may be necessary from time to time for us to release or transfer Your personal information, to our partners or agents. By signing this Agreement, you grant us permission to release or transfer your personal information to such partners and agents.
8.2 You hereby grant us permission on a royalty free basis to use photos or images or comments made by you for promotional/marketing purposes without obtaining further specific permission or making any payment to you. Such use may include your name, age, university, town/city/area of residence.
8.3 This Agreement shall in all cases be governed by the laws of the State of Tennessee, in the United States of America, without regard to principles of conflicts of laws and international laws. Each party hereby submits to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of Tennessee for resolution of any dispute relating to this Agreement.
8.4 Unless stated to the contrary, the relationship between the Candidate and the Organization will not be deemed to be one of employment. You hereby release Organization from any claim for worker’s compensation, health care, or any employment or unemployment benefits related in any manner to the Program, and you release TNI from any obligations in any manner related to any acts of the Organization.
8.5 If an internship offer is extended but forces beyond TNI’s reasonable control (including, without limitation, blackouts, storms, road closures, health risk outbreaks, transportation strikes, international visa work permit delays, acts of terrorism, acts of God, and Candidate’s personal circumstances) cause the internship to be interrupted, or delayed, Candidate is not entitled to any refund.
8.6 Candidate may not assign any rights or obligations under this Agreement without TNI’s prior written consent, to be given in TNI’s sole discretion. This Agreement shall inure to the benefit of and bind you and TNI and our respective successor, assigns, and personal and legal representatives. All releases of liability to TNI under this Agreement shall extend to TNI’s agents, staff, partners, alumni, employees, officers, directors, shareholders, and to all other persons and entities affiliated with TNI.
8.7 Candidate acknowledges that TNI and/or its agents may sub-contract or arrange for any third party to assist it or to perform any of the services or any of TNI’s rights, or obligations under this Agreement without Candidate’s written consent. TNI will make every reasonable effort to ensure that the suppliers of services are carefully selected. However, TNI does not own or operate any of the suppliers of services associated with the program. As a result, TNI is not responsible for any negligent or wilful act or the failure to act of any such third party.
8.8 This Agreement constitutes the entire Agreement between us and you with respect to the subject matter contained herein and supersedes all inquiries, proposals, agreements, negotiations, and commitments.
8.9 If any provision of this agreement is void, unenforceable, invalid, or illegal, and would not be so if a word or words were omitted, then that word or words are to be severed and if this cannot be done, the entire provision is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions of the Agreement.
8.10 Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
8.11 TNI reserves the right to make cancellations, substitutions, or changes in Program details provided that they do not significantly alter the Program.
8.12 All monetary amounts are stated in US Dollars.
8.13 TNI would like to share the following information with Candidates regarding your electronic signature and rights:
*You have the right to have the Agreement made available on paper or in non-electronic form.
*You have the right to withdraw consent to the use of electronic records and any conditions or consequences that would thereby occur as a result of such withdrawal.
*Your consent applies to this Agreement
*To withdraw your consent, send a letter via certified mail to Top Notch Internships, LLC., 2148 E. Glenalden Germantown, TN 38139, asking for your data to be deleted from our database.
*You may copy any form at anytime without cost by opening a form and clicking the print button on your browser. If you do not have a printer available and would like paper copies of your forms, you may send us a list of the forms you would like copied and a check or money order for $2.00 per page and we will provide you your copies.
*The hardware and software specifications associated with accessing and retaining the electronic records are as follows: you must have a computer that can connect to the World-Wide-Web, together with a web browser.
*Furthermore, if you withdraw your consent, the legal effectiveness, validity and enforceability of those electronic signatures or records provided or created prior to the withdrawal shall remain unchanged.
