MY 1ST JOB CAREER ADVISORY PROGRAM AGREEMENT
HuanQi (Shanghai) Business Consulting Co., Ltd. dba My First Job ("M1J"), and you, the applicant, hereby fully agree details and provisions hereunder:
1.Program Application. You hereby apply for acceptance into M1J's 2018 Career Advisory Program ("Program"). You understand that the Program provide with you better and possible opportunities to secure a temporary job position in a mutually acceptable company, and that you will or will not be paid for such work by M1J or the company (“Sponsor”). You further understand that this Agreement is not binding on M1J until you finally enrolled successfully in the Program, and this Agreement does not constitute your acceptance into the Program until you receive written confirmation of acceptance by M1J or its designated advisor. Furthermore, by entering into this Agreement, you are not necessarily assured a temporary job position of your choice and any fees paid are subject to Section 4 herein.
2.Party’s Relationships. When you are accepted in the Program, you are an enrolled applicant of M1J, and the rights and obligations between you and M1J are expressly limited to the terms and conditions of this Agreement except for any further requirements made by M1J in connection with your participation in the Program. Sponsor is providing the opportunity for you to gain valuable experience from your temporary job position at the Sponsor. Notwithstanding the foregoing, neither Sponsor nor M1J has any obligations to you under the Program except as specifically set forth herein, and you will not be an employee or independent contractor of Sponsor or of M1J while in the Program. During or after the Program, in the event Sponsor is willing to provide you with full-time job position or return offer for continuous works with Sponsor, such relationship is beyond obligations and legal relationships captured in such Agreement.
3.Your Commitment. Once accepted by M1J or its designated advisor, you agree to attend and participate in the Program for the entire length of the Program. You will work on a temporary job position for Sponsor based on a schedule as requested by Sponsor and, if applicable, any visa requirements. You may not ask Sponsor for time off without M1J or its designated advisor’s prior written consent, and you may be released from your full work commitment under the Program only with M1J or its designated advisor's prior written consent. In the event that you quit the Program after receiving your confirmed enrollment for further process after the advisor’s interview of your qualifications (“Qualification Interview”) or you are prevented from further participating by either Sponsor or M1J for any reason, you will not be entitled to any refunds. To accept a temporary job positionoffer from a Sponsor, you agree to the terms herein.
4.Payment and Refund Policies.Your full payment to the Program is $4,000, and you need to pay $200 as a pre-screening deposit for the Qualification Interview as a start of Program. Upon receipt of $200, M1J will arrange a senior advisor to conduct a Qualification Interview with career coaching to provide youa clear and full picture of the Program and possibly with a reasonable list of target companies or company types that might match your background. In the event you were unqualified or unsuitable to the Program upon the Qualification Interview, or you elect to withdraw from the Program personally, M1J will fully refund $200 deposit to you within 15 days.
After you successfully pass through the Qualification Interview with M1J notice, you need to pay the remaining of $3,800 to move forward for career coaching, Sponsor interview preparation courses, final list of target companies, position placement, etc. In the event (i) your failure to be placed for a temporary job position with one of the listed companies for any reason in M1J’s sole discretion that you did not fulfill obligations or cooperate with M1J before the position placement (including but not limited to, your failure to actively work with the assigned M1J advisor, missing scheduled interviews and/or meetings, not engaging in career advisory discussions with the career coordinator, regularly misrepresenting his/her expectations, not responding to M1J advisor’s communications in a timely manner, or allowing the placement process to be delayed due to missing agreed payment due dates), or (ii) you withdraw from the Program for any reason whenever after payment of the full Program fee, M1J will be entitled to 100% of the Program fee for you to cover losses.(iii) In very rare situations, if you takes all interviews as per the target company list but fail to get an offer, M1J will arrange another one or two companies mutually agreed with you to secure an offer. Howeverif you still fail to get any offers, M1J will refund $3,800to you within 15 days, but only keep $200 deposit as the expenses to cover work efforts with respect to screening, interview, and coaching.(iv) If you are unable to participate in or complete the Program due to outside factors beyond M1J's reasonable control in M1J’s discretion (e.g. if any company ceases to do business or reconsiders its decision to participate in the Program, or if a country's visa granting agency refuses to grant necessary work permits or visas to you, and so on so forth, if applicable), M1J will make reasonable efforts to resolve the problem, but cannot assure that it will be able to do so. In such event, M1J will reasonably attempt to recover payments on your behalf and will refund to you any amounts actually recovered; provided however, that M1J cannot guarantee that any such sums will be recovered. M1J retains the right to terminate any applicant in accordance with M1J policies.
5.Required Visas. If you are required to obtain a Visa for the duration of the Program, you will be responsible for working with a third party agency for obtaining a visa. In addition, you will be responsible for paying all visa-related expenses. For programs in the United States, if you are an international student that attends school outside of the US, M1J offers the option to provide you with a third party agency chosen by M1J to assist you in submitting all necessary paperwork to obtain a J1 Visa. However, M1J cannot guarantee that you will obtain a visa. If you are an international student that attends school within the US, you will need to ensure that you obtain the appropriate documents as per your international advisor at your University. For programs outside of the United States, you will be provided guidance by M1J on which visa to obtain, if one is needed for your specified program. If you are required to obtain a visa, it is your complete responsibility to work with a third party agency, and pay all visa related expenses, excluding the sponsorship fee for the Hong Kong Program. If you do not obtain a visa, you elect not to participate in the Program, or you are terminated from the Program for any reason at any time, you agree that you are entirely responsible for obtaining a refund in connection with your visa expenses, if any, from the third party provider handling your visa application. You agree not to seek any refund for visa expenses from M1J. Failure to obtain a visa (and/or to obtain a visa before your program's commencement date), is not grounds for a refund of the M1J program fee. If you are not approved for a visa, do not use your visa or M1J fails to place you in an internship, M1J is not liable for payment of (or reimbursement of) visa expenses. All visa-related matters and expenses are the responsibility of you and your visa provider. Regardless of the visa providing agency you choose to work with, you will be responsible for all visa-related fees.
6.Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control, 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, lock-outs, 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, officers, agents, or affiliates, etc.
7. Dispute Resolution. If any dispute related to this Agreement or the Program arises between you and M1J, which we are unable to resolve, we each waive the right to file legal action and to trial by judge or jury. Instead, upon the request of either of us, such dispute shall be submitted to binding arbitration in Hong Kong. The arbitrator shall be required to follow Hong Kong law. The decision in writing of the arbitrator shall be final and binding on both of us, and judgment thereon may be entered in any court of competent jurisdiction. All fees and expenses of the arbitrator shall be paid equally by us, unless you are otherwise required to indemnify us in accordance with the terms of this Agreement in which event the arbitrator may reward any attorney’s fees to M1J.
8.Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
9.No Assignment and Binding Effect. You may not assign any of your rights or obligations under this Agreement without M1J's prior written consent. However, M1J may assign this Agreement in the event of a change of control without your written permission. Subject to such limitation, this Agreement shall inure to the benefit of and bind you and M1J, and its respective successors, assigns, and personal and legal representatives. Any release of liability of M1JI under this Agreement shall extend to M1J's agents, staff, alumni, employees, officers, directors, and shareholders, and to all other persons and entities affiliated with M1J.
10.Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
11.Applicable Law. This Agreement shall be governed by the laws of the Hong Kong.
Please note that when you electronically click on the box at the bottom of this page to indicate your acceptance of the Terms and Conditions herein, you are accepting and executing this Agreement and move forward to the Program payment page.