“We Pay the Fine” Limited Guarantee Terms and Conditions
The labor law poster E-Update Service, Poster Replacement Solution, ePosterService, and ePosterService – Internet, collectively the (“Posting Compliance Services”) by Elite Business Ventures, LLC and its affiliate PosterElite (“ELITE”) are backed by a $25,000 ‘Fine-Reimbursement’ Guarantee (“Guarantee”). The Guarantee ensures that employers who are actively subscribed to these services (“Subscribers”) and their businesses are protected from serious fines related to improper labor law postings.
Limited Guarantee. The Guarantee is subject to the enclosed terms and conditions and any additional terms or limitations which may exist in a separate agreement between ELITE and the Subscriber or between ELITE and its authorized partners.
In the event that an entity which has an active subscription (either having purchased or has been provided a paid subscription) to one of the Posting Compliance Services is required to pay a state or federal levied fine directly related to a labor law posting violation, then ELITE will reimburse Subscriber for the fine, under the following terms and conditions.
- The posting violation associated with the fine must be as a result of ELITE’s failure to have provided the Subscriber accurate, up-to-date, and compliant labor law postings as part of an active subscription, either (a) on the provided “all in one” labor law poster(s) along with the corresponding electronic updates, or (b) within ePosterService, or (c) on a ePosterService – Internet website, or (c) on the provided “all in one” labor law poster(s) along with corresponding replacement posters and electronic updates.
- At the time of the issuance of the fine, AND, at the time of notification to ELITE, the Subscriber maintained and continues to maintain an active subscription to the Poster Compliance Service for which the fine was associated.
- There has been no lapse in the applicable subscription at any time between the initial Poster Compliance Service activation date and the date the fine was issued.
- The Subscriber is up to date on payment obligations associated with the subscription at the time of the fine and the time of notification to ELITE. If the subscription was purchased or acquired through an affiliated partner of ELITE (“Partner”), there must exist an active relationship between the Partner and ELITE, and the Partner must be up to date on its payment obligations associated with the applicable subscription.
- For Posting Compliance Services which include a notification and/or update service (E-Update Service, Poster Replacement Solution),
- ELITE must have on record, at the time the fine is issued, a valid and current contact person specific email address (i.e. not firstname.lastname@example.org, or email@example.com) and mailing address for an individual contact at the subscriber company, to whom the updates and notifications are to be sent. It is the affiliate partner’s responsibility and/or the subscriber’s responsibility to ensure that ELITE has been provided appropriate, accurate, and up to date contact names, email addresses, and mailing addresses.
- It must be evident that ELITE did not provide appropriate and timely updates to the provided contacts for the mandatory labor law postings.
- If the fine is caused by a posting violation related to the distribution of digital labor law postings to employees while using ePosterService:
- Any employee(s) associated with the fine must be active within the ePosterService application, and have logged into the ePosterService platform, viewed, and acknowledged receipt of the notices.
- ELITE must have on record at the time the fine is issued, a valid and up to date email address for each employee affiliated with the subscription, and
- ELITE must have on record an accurate location for the jurisdiction in which the affected employee(s) are working, and
- all employees associated with a specific fine must have been active in the ePosterService system prior to a fine being levied.
- If the fine is related to a posting violation which arises out use of the “ePosterService – Internet” service, the ELITE Guarantee is applicable under the following conditions:
- The Subscriber receiving the fine must (a) have an active subscription to the “ePosterService – Internet” service, or (b) must have been granted permission use to the “ePosterService – Internet” website by an authorized Partner with whom the Subscriber has an active relationship that includes the use of the website, and
- The Subscriber must have shared a link to the “ePosterService – Internet” website with their affected employees in a compliant manner. Violations and fines as a result of the Subscriber not sharing links, or sharing them in a non-compliant manner are not covered by the Guarantee, and
- The Subscriber’s active service to “ePosterService – Internet” must include the applicable jurisdictions where their employees work. A fine that is as a result of subscribing to or having a website link that does not include affected employee jurisdictions is not covered by the Guarantee, and
- The Guarantee for the ePosterService – Internet applies only when the fine arises as a result of the “ePosterService – Internet” website presenting labor law notices that were out-of-date or inaccurate at the time the fine was levied.
- For Poster Compliance Services related to the a physical worksite (E-Update Service, Poster Replacement Solution), the ELITE labor law poster, all provided electronic notices or postings, must have been properly printed and displayed in a conspicuous place where all employees can view them, according to labor law posting standards.
- The Subscriber and its applicable employees, end users, and provided contacts have not opted out of future emails or otherwise requested that we not contact them.
- ELITE is notified of the fine within ten (10) days of the levy of the fine.
- Guarantee applies only to violations related to the state and federal mandatory postings which are on the provided labor law poster and postings that apply to all employers regardless of company size, industry, or other special designation. Guarantee does not apply to postings which are (i) specific to the size or industry of an employer, (ii) sector-specific notices, (iii) municipal or location-specific notices, (iv) optional or recommended notices deemed not mandatory by the state or federal governments, (v) notices which are or any other specialized notice that is not issued by a federal or state agency, and which are not included in the Notices. See https://www.posterupdates.com/noticesbystate.html for applicable postings, or (vi) violations as a result of unfilled employer specific content in the mandatory labor law postings.
- The maximum, total cumulative amount of reimbursement to a Subscriber by ELITE, regardless of the related service, frequency, date, or total amount of fines is $25,000, subject to other limitations if they are part of agreements between ELITE and Partner, or ELITE and Subscriber.
Guarantee may be amended or modified at any time by updating the terms on this web page or discontinued at the sole discretion of ELITE.