SECTION 1: GENERAL
Welcome to www.pomelohq.com, the website and online service of Pomelo ("Pomelo", "we", or "us"). The terms, conditions, and notices contained or referenced herein (“Terms”), as well as any other written agreement between us and you, are the terms by which you may use our online services, websites, software, and offline services provided on or in connection with the service (collectively “Service”).
BY ACCESSING OR USING THE SERVICE THROUGH ANY DIRECT OR INDIRECT MEANS, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, WHICH FORM A CONTRACT BETWEEN YOU AND POMELO. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND ANY COMPANY THAT YOU REPRESENT IN USING THE SERVICE, AND UNDERSTAND THAT THE COMPANY THAT YOU REPRESENT SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TERMS AND FOR A BREACH OF THIS AGREEMENT BY ANY OF ITS REPRESENTATIVES. YOU ALSO CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE POMELO PRIVACY POLICY, WHETHER OR NOT YOU ARE AN APPROVED OR REGISTERED USER OF OUR SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
In using the Service, you agree that, in addition to these Terms, you will use the Service in accordance with all applicable laws and regulations.
Pomelo may, in its sole discretion, modify or update these Terms, the Privacy Policy and any other policies from time to time without notice to you. Thus, you should review this page, and those additional pages, on a frequent basis. When we change the Terms in a material manner, we will update the ‘Last Updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to these Terms or any future Terms, please do not use or access (or continue to access) the Service.
SECTION 2: POMELO PLANS, PRICING, AND PAYMENTS
All Pomelo plans are structured as monthly agreements that commence on the first day of your Associate’s employment with you. Each plan contains a weekly hour limit, and if these hours are not used during the allotted week, the hours will not roll over to the next week.
Each plan requires a 90-day minimum commitment, which begins on the first day of your Associate’s employment with you. After the initial 90-day period, your plan will shift to a month-to-month commitment. Plans will renew automatically each month and will continue in perpetuity until termination.
The first charge occurs on your Associate's start date, and this first charge will be a lump-sum payment for the initial 90-day period. Subsequent charges for following months occur on the first day of every month. If you require custom solutions that exceed the scope of standard services provided by our Associates, prices may be subject to additional fees.
Pomelo reserves the right to adjust monthly subscription prices, either by increasing or decreasing them, at our discretion and without prior notice. We will never adjust monthly subscription prices for existing plans without direct approval from you.
In the event that a credit card or other form of payment is declined, you have 48 hours to resolve the issue. If the issue is not resolved within 48 hours, Pomelo reserves the right to terminate or pause Service until payment occurs.
SECTION 3: EARLY CANCELLATION
Cancellation after the authorization of your credit card but before the first day of your Associate’s employment with you is considered an “early cancellation”. You agree to pay a fee of five hundred dollars ($500) per early cancellation, which will be charged to your credit card on file. This fee covers the significant resources and time that we invest into executing a custom search for you.
SECTION 4: NON-SOLICITATION, INDIRECT PAYMENTS, AND CONVERSION
Pomelo invests a substantial amount of resources into sourcing, hiring, and managing Associates. Therefore, you acknowledge and agree that your Associate must obtain prior written consent from Pomelo before accepting any type of direct engagement (whether as an employee, consultant, contractor, or otherwise) with you.
Additionally, you agree that during your active subscription with Pomelo as well as for a period of twenty-four (24) months following the termination of your relationship with Pomelo — regardless of whether such termination is voluntary or involuntary, with or without cause — you will not directly or indirectly solicit any Pomelo Associate. You also agree not to solicit, whether directly or indirectly, any referrals, friends, family, or acquaintances of Pomelo Associates. You agree that any direct or indirect solicitation that becomes a significant factor in an Associate leaving Pomelo to accept an engagement with you, without prior written consent from Pomelo, will be subject to liquidated damages (and not as a penalty) in the amount equivalent to two years of your monthly subscription rate with Pomelo.
All payments must be processed through Pomelo or our third-party payment processor. You may not directly pay your Associate. Any agreement or attempted agreement between you and your Associate requiring that payment be made outside of Pomelo shall constitute a material breach of this agreement and be subject to cancellation without refund. You agree that any direct or indirect solicitation of a Pomelo Associate will also be subject to liquidated damages in the amount equivalent to two (2) years of your monthly subscription rate with Pomelo.
Alternatively, you may opt to “buy out” your Associate from these Terms by remitting to Pomelo a one-time conversion fee, which will constitute an amount equivalent to two (2) years of your monthly subscription rate with Pomelo. A conversion will override the liquidated damages stipulated above. The conversion must be documented in a separate written agreement between you and Pomelo.
SECTION 5: GUARANTEES & WARRANTIES
Pomelo does not provide representations or warranties on any of the services your Associate performs for you. While we guarantee our utmost efforts in placing you with the most suitable and capable Associate, Pomelo cannot be held legally liable for any incorrect or unsatisfactory results. We strive for 100% client satisfaction and have established processes to prevent incorrect or unsatisfactory results; for example, we offer replacements of your Associate at any time, free of charge, for any reason.
By using our Service, you acknowledge and agree that Pomelo, our employees, owners, and principals are waived from any liability in connection with your Associate and your Associate’s services.
SECTION 6: WORK PRODUCT
In the event that your Associate produces any original material for you ('Work Product'), Pomelo grants you a non-exclusive, royalty-free, perpetual, irrevocable, and non-transferable license to use the Work Product for your personal and commercial purposes.
SECTION 7: TERMINATION OF SERVICE
Pomelo reserves the right to terminate the Service of a Pomelo client at any time, for any reason, though this is an extremely rare occurrence. In the event of such a termination, you will be given a prorated refund at the standard monthly rate for any period for which you have already paid.
If you would like to cancel your Pomelo service, you must inform us in writing. We require a 30-day notice for any cancellations.
SECTION 8: LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Pomelo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the products or services provided by Pomelo. In no event shall Pomelo's total liability to you for all claims arising out of or relating to these Terms or your use of the products or services exceed the amount you paid to Pomelo in the one (1) month preceding the event giving rise to liability. No claims or action, regardless of form, arising out of or relating to these Terms may be brought more than one (1) year after the event giving rise to liability. This limitation applies regardless of whether any claims are based on contract, tort, strict liability, or any other legal theory.
SECTION 9: CLASS ACTION WAIVER
You agree that any dispute, controversy, or claim arising out of or relating to these Terms, or your use of the products or services provided by Pomelo, will be resolved solely on an individual basis. You hereby waive your right to participate in any class action, collective action, or representative action as a plaintiff or class member in any purported class, collective, or representative proceeding. Claims arising out of or relating to these Terms must be brought individually, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Last Updated: 5/20/24