“We Pay the Fine” Limited Guarantee Terms and Conditions
The labor law poster E-Update Service, Poster Replacement Solution (“Poster Update Services”) and ePosterService (“ePosterService”) by Elite Business Ventures, Inc. (dba PosterElite), (“ELITE”) are backed by a $25,000 ‘Fine-Reimbursement’ Guarantee (“Guarantee”), ensuring 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. Subject to the enclosed terms and conditions, and additional terms or limitations which may exist in separate agreements, ELITE provides the following guarantee:
If an entity which has purchased and maintains an active subscription to Poster Update Services or ePosterService (“Customer”) is required to pay a state or federal levied fine, then ELITE will reimburse Customer for the fine, under the following terms and conditions.
- The posting violation associated with the fine must be as a result of (a) ELITE’s failure to have provided the Customer or its subscribed remote employees, accurate and compliant postings, either on the labor law poster, its corresponding electronic updates, or in ePosterService, or (b) ELITE’s failure to have provided new mandatory labor law postings either on a replacement poster, by email, or in ePosterService.
- At the time of the issuance of the fine, AND, at the time of notification to ELITE, Customer maintains an active Poster Update Services subscription, purchased from ELITE, or from one of ELITE’s affiliates.
- There has been no lapse in the applicable subscription at any time between the initial activation date and the date of the fine.
- Customer is up to date on payment obligations associated with the subscription.
- At the time of notification to ELITE, if the subscription was purchased from an affiliated partner of ELITE (“Partner”), there exists an active relationship between the Partner and ELITE, and, the Partner is up to date on payment obligations associated with the subscription.
- ELITE has on record, at the time the fine is issued, a valid and current person specific email address (i.e. not email@example.com, or firstname.lastname@example.org) and mailing address for an individual contact at the subscriber company. It is the affiliate partner’s responsibility and/or the subscriber’s responsibility to ensure Elite has been provided appropriate, accurate, and up to date contacts, email addresses, and mailing addresses.
- If the fine is related to posting violation for remote employees while using ePosterService, the employees associated with the fine must be active within the ePosterService system, 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; ELITE has on record an accurate location for the jurisdiction in which the employee is working; all employees associated with a specific fine were active in the ePosterService system prior to a fine being levied.
- For physical workplaces, 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 Customer and its applicable employees and end users 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, or apply to all employers regardless of company size, industry, or other special designation. Guarantee does not apply to postings which are 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, or (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.
- The maximum, total cumulative amount of reimbursement to a Customer by ELITE, regardless of the related service, frequency, date, or total amount of fines is $25,000, subject to additional limitations which may be part of agreements between ELITE and Customer.
- 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.