Issue: When Top Echelon Network makes an error

Part 2: Top Echelon Network’s hardware and software systems may fail at times

Created: 10/06/1999; Revised: 09/25/2002

Part 1
You are responsible for both the extent to which your data is disseminated through the Top Echelon Network and the accuracy of your data. Even if Top Echelon performs clerical tasks such as data-entry, mass mailings, enhancements, and/or revisions to your data, you are ultimately responsibility for the accuracy and degree of distribution of your data. You acknowledge that Top Echelon processes such a large volume of data that it will unintentionally make clerical mistakes relative to your data, and you will hold Top Echelon harmless from all losses related to such errors.

Part 2
Should Top Echelon’s products or services prove defective, damaged, corrupt, or unusable, we will endeavor, without obligation, to assist you in recovery, extraction, correction, and/or repair. However, all of Top Echelon’s products and services are provided to you "as is" and "as available" with all defects and without any express or implied warranties of any kind. You acknowledge that from time-to-time you and others may experience losses from failures; delays; interruptions; unavailability; corruption; degradation; defects; downtime; security breaches; computer viruses; damaged computer hardware; damaged, corrupt, or lost data; defective, damaged, or corrupt software programs; and, your use or inability to use Top Echelon’s products and services. You assume the risk of all such losses regardless of the nature of the loss and will hold Top Echelon harmless from any such loss.

Spirit of Part 1 of this Policy
Top Echelon goes to great lengths to provide its members and customers top-notch products and services. However, the sheer volume of data entry, clerical work, and programming changes Top Echelon performs on a daily basis almost guarantees that we will make mistakes. We do our best, but we are not perfect! Top Echelon Network is implementing this policy because while we attempt to help you make more placements, we are doing "more things" with your data than ever before. We need recruiters who subscribe to Top Echelon Network's Preferred Member level of service to understand that even though we may have caused an error, you are ultimately responsible for the accuracy of the data that Top Echelon distributes on your behalf.

Top Echelon Network’s incentive to do quality work comes in the form of placements. We want quality as badly as you do. To ensure quality, we have installed several quality control check-points in our systems. In some processes, we even perform a 100% quality control review to ensure that the data is as accurate as we can produce. However, errors will still occur. This being said, we need each Top Echelon Network Member to understand that "blaming" Top Echelon when an error occurs is not an option because you have agreed to assume full responsibility for the accuracy of your data that is distributed to others by Top Echelon (no matter what).

Spirit of part 2 of this Policy
Top Echelon aggressively strives to offer its recruiters the most up-to-date computerized products and services in the industry. It is to our advantage when your firm is up and running and making placements, so we have gone to great lengths to hire the most competent people, and provide the best software systems, products and services available. We are cautious instead of cavalier; and, we endeavor to do the best work we possibly can. Nevertheless, our efforts are bound to backfire from time to time. We will make mistakes, and you will experience times when you or your firm suffers from our mistakes. When this happens, please communicate the problem to us as soon as possible, and we will try our very best to fix the problem at hand. Unfortunately, there will be times when "a fix" is unachievable or costly, but remember, by conducting business with Top Echelon Network, you are taking the calculated business risk that you could experience loss from your use or inability to use our products and services.