Testing Terms & Conditions

RECRU-TEC^™ TEST: TERMS AND CONDITIONS OF USE

JOB-BASED EVALUATION AND TESTING SERVICES

IMPORTANT: READ CAREFULLY. Terms and conditions related to the use of the RECRU-TEC Test for the purpose of personnel evaluation as part of your selection/hiring missions.

IN ORDER TO COMPLETE YOUR PURCHASE, PLEASE READ AND SCROLL DOWN THIS PAGE, THEN CLICK ON “I AGREE”. THANK YOU.

By using the RECRU-TEC Test you agree to the conditions of use as hereby stated. The use of the RECRU-TEC Test by you, THE CLIENT, results in this legal agreement between M2-TEC USA, INC., 1988 Freedom Drive Clearwater Florida 33755, any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates, and you, THE CLIENT, for the rendering of personal Evaluation and testing services. Before you order and use the RECRU-TEC TEST to evaluate any potential employee, you must have accepted the terms and conditions of use as stated in this section.

GENERAL INFORMATION

The RECRU-TEC^TM test is a diagnostic tool based on the evaluation of over 20,000 candidates. Its purpose is to evaluate a person's potential against a specific job, in a specific work environment. It helps the employer undertake a matching analysis or compatibility check between required job qualifications and the evaluated person's professional experience, skills and motivations.

The RECRU-TEC^TM test is not a judgment tool; it should be exclusively used as part of a complete selection procedure, including a formal interview, a thorough technical skills analysis and a background check - in respect of applicable national laws. We strongly recommend that you use our No-Fail-Hiring^TM System, a simple but powerful procedure that guarantees to minimize subjectivity and optimizes prediction in your selection & hiring decisions.

Never use the RECRU-TEC^TM test to judge a person, but rather to know and understand him/her better. Consider the RECRU-TEC^TM test as a powerful companion to your overall selection procedure. It will help you confirm what you might have observed during an interview and/or challenge what you might not have seen.

The purpose of this tool is to evaluate a candidate's potential against a specific job, in a specific work environment. It helps you do a « matching analysis » or « compatibility check » between required job qualifications and the candidate's professional experience, skills and motivations.

Some traits in the RECRU-TEC^TM test results may present very low scores - a potential indicator that the evaluated person has recently gone through some serious difficulties or bad experience, at work or in life. Please ensure that you thoroughly read and understand the comments provided in this profile report, specifically related to these very low traits. As a matter of facts, a major failure, loss, disappointment, etc... could temporarily "collapse" one's personality and behavior characteristics. The RECRU-TEC^TM test will provide such comments when we believe it might be applicable.

The provided information in the RECRU-TEC^TM test results does not necessarily represent a complete "picture" of the evaluated person. In case of doubt you can contact the quality control department of your test provider.

Per applicable laws related to privacy and specifically per the E.E.O.A. (Equal Employment Opportunity Act), no candidate can be forced to fill a productivity or personality test for selection purposes. Also, anyone filling a test for selection purposes has a right to have access to the provided information.

USE OF THE RECRU-TEC TEST AND ITS WEB-BASED SOFTWARE:

You agree to conduct your business and your business of personnel evaluation and testing services, including provision of the results of testing through the use of the RECRU-TEC^TM Test to applicants, in a manner consistent and in compliance with the laws and regulations of your jurisdiction and each jurisdiction in which such personnel evaluation and testing services will be promoted, offered and/or provided to applicants. You thus agree to limit use to business-related testing for job skills and other personal qualities necessary to qualify for employment. You also agree to limit the use of M2-TEC USA, INC. to providing information about hiring and managing employees in a non-discriminatory manner and in a manner that respects the private aspects of prospects' and employees' lives unrelated to qualifications and competency on the job. This includes, but is not limited to, (1) your allowing any test taker - and notifying such person in advance that he or she has the right - to decline to answer on the grounds of personal privacy any question posed to him or her on the M2-TEC USA, INC. accompanying tests and (2) your refraining from utilizing such action by a test taker adversely in any screening, hiring, management, or administrative decision. Attachment "A" gives a sample text for a job description form, which relates job-related traits, attributes, and skills addressed by the tests included in the RECRU-TEC^TM Test. You agree to implement for your own business's use - and to require each applicant, as a written condition of receipt of your personnel evaluation and testing services, to implement - such job descriptions in compliance with applicable law in conjunction with employment screening, testing, hiring, managerial, and administrative processes utilizing the RECRU-TEC^TM Test.

You understand and agree that any test score obtained with the RECRU-TEC^TM Test cannot predict the future success or failure of an individual as an employee and will communicate this in writing to your applicants. You agree to require each applicant, as written conditions of receipt of your personnel evaluation and testing services, (1) to confirm that any test score obtained with the RECRU-TEC^TM Test cannot predict the future success or failure of an individual as an employee; and (2) to perform a full interview and background check process to the extent allowed by applicable law in addition to testing their applicants and employees for employment or advancement utilizing the with the RECRU-TEC^TM Test. You also agree to perform a full interview and background check process to the extent allowed by applicable law in addition to testing your own business's applicants and employees for employment or advancement utilizing the RECRU-TEC^TM Test.

You agree that you will require each applicant by written agreement to obtain advance written or electronic acknowledgment, agreement, and/or consent as appropriate for its applicable jurisdiction(s) (written or electronic consent) from each person to be tested with the aid of the RECRU-TEC^TM Test and that such written or electronic consent shall (1) accurately confirm that the administration of such testing and any other hiring process is to enable the client to determine whether the person possesses the skills and other personal qualities necessary to qualify for the position at issue and (2) release you, M2-TEC USA, INC., officers, stock holders, employees, representatives, agents, licensees, licensors, subsidiaries, parent corporations, associated testing services and any and all other related individuals, corporations, partnerships and organizations from any and all claims, demands, suits and/or liabilities - including but not limited to claims based on any rights of privacy - arising from or in any way related to such testing and interview processes.

Attachment "B" gives a sample text of a waiver. You agree, as a written condition of receipt of your personnel evaluation and testing services, to implement such a waiver in compliance with applicable laws in conjunction with employment screening, testing, hiring, managerial, and administrative processes utilizing the RECRU-TEC^TM Test. You also agree to obtain such written consent for each person to be tested for your own business, implementing a form of waiver in compliance with applicable laws in conjunction with your business's employment screening, testing, hiring, managerial, and administrative processes utilizing the RECRU-TEC^TM Test.

In the event any claim arising in whole or in part from your use of all or any portion of the RECRU-TEC^TM Test and/or from the use by any third party of all or any portion of the RECRU-TEC^TM Test obtained from you (Client claim) is threatened and/or brought against M2-TEC USA, INC. and/or any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates, you agree to indemnify M2-TEC USA, INC. or affiliated parties for all attorney fees, any and all other costs and expenses of defense, and all liability incurred by such party or parties in connection with such Client claim.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL M2-TEC USA, INC. AND/OR ANY OTHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF THE RECRU-TEC^TM TEST OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF M2-TEC USA, INC. AND/OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, M2-TEC USA, INC. AND/OR ANY OTHER PARTY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR $50.00 USD, WHICHEVER IS GREATER.

SAMPLE OF COMPLIANCE TO JOB DESCRIPTION (sample A)

The following is a sample of job description compliance which automatically appears on the electronic test form. It is to be read in advance by individual takers of tests contained in the RECRU-TEC^TM Test. As specified in the Agreement between you as client and M2-TEC USA, INC., you have agreed to conduct your management and administration of all employee and prospective employee matters -- including the use of the RECRU-TEC^TM Test and any accompanying tests - in a manner consistent and in compliance with the laws and regulations of your jurisdiction. Accordingly, whatever waiver form you utilize for test-takers, you as client must ensure that the form complies with the laws and regulations applicable to you and your Company. M2-TEC USA, INC. makes no representation or warranty of any kind that the following sample language will comply with such laws and regulations.

SAMPLE A

"In its commitment to long-term expansion and enhanced service to customers and community, [Company Name]'s standards of employee skills, competence and teamwork are and shall remain among the highest in the field. Thus, for any position, employees must ensure that their expected performance and results are reached, as defined in the concerned job description.

"In addition to the technical knowledge, experience and competence required of the concerned position, company's employees must also possess personal aptitude for solving problems, high intelligence, perseverance and orderliness, responsibility, drive toward and satisfaction at the attainment of goals, calmness and endurance under stressful conditions, consistency and predictability in the regular attendance of duty, individual initiative as well as participation in group efforts, correct estimation of specific circumstances and an absence of unconstructive or ill-considered criticism, fairness, empathy and appreciation toward fellow workers and effective communications skills.

"In keeping with these job requirements, [Company] utilizes application forms, interview procedures and pre-employment non-medical testing regimens that will assist the company to determine whether applicants possess the skills, competency and above personal attributes necessary to meet the company's performance standards. Applicants for any position undergo such screening procedures."

SAMPLE OF TEST TAKER'S RELEASE (sample B)

The following is a sample of agreement form to be electronically signed by any test taker who would fill the RECRU-TEC Test as part of a selection/hiring procedure with your company. It automatically appears on the electronic form of the test and must be checked by the test taker prior to beginning the test. If you believe that such a form does not completely comply with the local or national applicable laws, it is your responsibility to inform us and/or to change the content of such form. M2-TEC USA, INC. makes no representation or warranty of any kind that the following sample language will comply with such laws and regulations.

SAMPLE B

"Having read and understood the related job description for the concerned opened position, I acknowledge and agree that in order to enable the _____________ (Company Name) to determine whether I possess the skills and other personal qualities necessary to qualify for the position I am applying for, the _____________ (Company Name) may engage in a testing and interview process.

"The tests may include but are not limited to those that measure intelligence, aptitude and personality traits required to meet the requirements of the position, including but not limited to meeting the Company's standards for performance, interpersonal relations, and competence on the job. Accordingly, I hereby release ______________ ( Company Name), M2-TEC USA, INC. and their officers, stock holders, employees, representatives, agents, licensees, licensors, subsidiaries, parent corporations, associated testing services and any and all other related individuals, corporations, partnerships and organizations from any and all claims, demands, suits and/or liabilities - including but not limited to claims based on any rights of privacy - arising from or in any way related to such testing and interview processes.

"I understand that the above tests will be entered in to and scored by a computer, but the information will only be used by the Company in connection with decisions concerning the employment, placement and future training only to be used by the Company/Firm or any associated Company/companies."

CLIENT'S ACKNOWLEDGMENT.

This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one instrument. Execution copies may be exchanged by facsimile or by electronic mean such as formal attest via our agreement form on M2-TEC USA, INC.'s website. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof, and it supercedes all prior agreements or understandings regarding its subject matter. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. Any modification or waiver to this Agreement must be in writing and signed by both parties. This Agreement shall bind and inure to the benefit of the parties and their successors and assigns. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys' and expert witness' fees) incurred in any such proceeding.

These conditions of use and Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of laws principles. Any dispute under this Agreement shall be litigated exclusively in this state or federal courts in Pinellas County.