Effective as of July 6, 2023
THIS GUARANTEE APPLIES TO STUDENTS WHO ENROLLED ANY TIME AFTER THE EFFECTIVE DATE. (PLEASE CHECK THE LINK TO THE CAREERIST GUARANTEE IN THE ENROLLMENT AGREEMENT SIGNED BETWEEN CAREERIST AND YOU FOR YOUR EFFECTIVE DATE.)
THE GUARANTEE DOES NOT APPLY TO STUDENTS WHO PAY FOR THE CAREERIST PROGRAM USING THE LOAN OPTION, NOR TO STUDENTS WHO ARE NOT LEGALLY AUTHORIZED TO LIVE AND WORK IN THE US.
Welcome to the online learning management system (the “LMS”) platform developed by Careerist Inc. (“Careerist”, “we”, and “us”) for students and instructors to communicate and learn in a more efficient way from our educational partners*. Careerist and our educational partners are committed to your success and will support you in the transition into your tech career.
We back our commitment with the following Careerist Guarantee, which is subject to your full and continued compliance with the Terms below: Careerist will refund 100% of your upfront payment for the Applicable Training Program as defined below if you are not offered a Qualifying Position (as defined in the Terms) within the Guarantee Period of receiving a certificate of completion.
Applicable Training Program* shall mean Software QA Career Bundle, Manual QA, Automation QA, Sales Engineer, IT Systems Engineer, Tech Support, UX Design, or Data Analyst taught by our educational partners through the LMS on or after the date this Guarantee is published on the Careerist’s website.
*Please note that this version of Guarantee is applicable to the UX Design program as of January 26, 2023 and to Tech Support program from January 31, 2023 till April 10, 2023. Please check the date of your Enrollment Agreement.
Please check the date of your Enrollment Agreement.
Starting or transitioning into a career in the tech industry involves focused, consistent effort. We put a lot of effort into helping you make that transition and ask for the same commitment from you.
Specifically, you shall satisfy the requirements below in order to be eligible for the Careerist Guarantee. If these requirements are not satisfied, you may still participate in the training program and receive all of the advantages of career support, but you will not be eligible for the Careerist Guarantee.
The following terms and conditions (the “Terms”) apply to the Careerist Guarantee:
1.1. You must be 18 years or older (except if you reside in the state of Alabama or Nebraska, you must be 19 years or older, and you must be 21 years or older if you reside in Mississippi).
1.2. You must be proficient in spoken and written English by the time you enroll in the training program.
1.3. You must be eligible to legally work in the United States by the time you enroll in the training program and for at least 12 months after receiving a certificate of completion.
1.4. You must apply (keeping written proof of all submissions) during the 12 months for Qualifying positions in the desired Metropolitan Area by submitting applications through job-search platforms (LinkedIn Jobs, Glassdoor.com, Indeed.com, Zip Recruiter, Google Jobs, Careerist Job Application System, Dice.com, Monster.com) with or without help of Careerist’s Job Application Service Platform (JAS) or Operator Job Application Service (Operator JAS). Application volume must no less than:
For the first 6 months of the 12-month term: 95 applications per week or 380 per month;
For the remaining period of the 12-month term: 50 applications per week or 200 per month.
If you’re signed up for the Operator JAS or JAS, you still must complete all eligibility requirements set forth in this Guarantee, except the point about keeping written proof of submissions that were done through Careerist Job Application System (JAS).
1.5. You must be able to pass any background checks associated with the jobs that you are going to apply for. Without limiting the foregoing, if you fail to obtain a job offer directly or partially due to your failure to pass a background check associated with the job offer, you will not be eligible for the Careerist Guarantee.
1.6. You must complete all payments in a timely manner and with respect to your payment plan according to the agreement signed between you and Careerist.
2.1. Job Application Service types:
2.1.1. Job Application System Platform (JAS): A system that provides Students with the opportunity to search for possible suitable job vacancies for Qualifying Positions on job boards and companies’ websites across the United States.
2.1.2. Operator Job Application Service (Operator JAS): A paid, optional service which provides Students with Operators who actively look for suitable job vacancies for Qualifying Positions and file applications on their behalf on job boards and companies’ websites across the United States. This service is subject to additional agreement between Careerist and Student.
2.2. “Qualifying Position” is defined as any on-site, hybrid, or remote role that is or is substantially similar in nature to the following:
in the learning area of Manual QA:
QA Analyst, QA Tester, Software QA Engineer, Manual QA, Software Quality Engineer, Quality Assurance Analyst, Software Quality Assurance Analyst, Functional QA, Black-Box Tester, QA Engineer, Functional Tester, Black-Box QA, Manual QA Analyst, Software Tester, Test Analyst, QA Engineer, Quality Assurance Engineer, Software Test Engineer, Quality Assurance Analyst (QA Analyst), Quality Assurance Engineer (QA Engineer), Software Quality Assurance Engineer (SQA Engineer), Software Quality Engineer, Software Quality Assurance, Software Development, Information Technology, and others in the Manual QA testing field;
In the learning area of QA Automation:
QA Automation Engineer, SDET (Software Engineer in Test), QA Automation Tester, Software Tester, Test Automation engineer;
In the learning area of Sales Training, Sales Engineering, and Solutions Architecture:
Sales Associate, Sales Consultant, Sales Development Representative (SDR), Tech Sales or Inside Sales Representative, Outside Sales Representative, Account Executive (AE), Account Manager, Sales Manager, Sales Operations Analyst, Sales Support, Client Services, Sales Lead, Lead Generation/Development, Business Development Managers, Technical Sales, Sales Operations Manager, Regional Sales Manager, Director of Sales, Vice President (VP) of Sales, IT Support Representative, Sales Assistant, Sales Operations Analyst, Sales Engineer, Solutions Engineer, Pre-Sales Engineer, Post-Sales Engineer, Systems Engineer, Applications Engineer, Sales Application Engineer, Associate Sales Engineer, Associate Applications Engineer, Associate Solutions Engineer, Associate Systems Engineer, Technical Support, Technical Support Engineer, Technical Sales Engineer, Field Sales Engineer, Software Sales Engineer, Customer Success Manager (CSM), Customer Engagement Manager, Product Manager, Data Analyst, Python Developer, Solutions Architect, Technical Architect, Senior Solutions Architect, Associate Solutions Architect, Principal Solutions Architect, Technical Solutions Architect, Senior Technical Architect, Presales Solutions Architect, Junior Solutions Architect, Partner Solutions Architect, Chief Solutions Architect, Senior Cloud Architect, Senior Enterprise Architect, Analytics Architect, Customer Solutions Architect, entry-level Solutions Architect, Solution Architect Manager;
In the learning area of Systems Engineering:
Systems Administrator, Network Operations Engineer, Tech Support, IT Systems Engineer, Network Administrator, Cloud System Administrator;
In the learning area of UX Design:
UX/UI Designer, Interface Designer, Web Designer, Interaction Designer, UI Designer, UX Designer, UX Researcher;
In the learning area of Data Analysis:
Junior Data Analyst, Entry-level Data Analyst, Associate Data Analyst, Product Data Analyst, Financial Data Analyst, Analyst Data, Business Intelligence Analyst, Data Engineer, Reporting Analyst, Analytics Consultant, Database Analyst, Data Mining Engineer, Quantitative Analyst, Marketing Analyst, Product analyst, Tableau Data Analyst, Data Science Analyst, Survey Data Analyst, Data Integrity Analyst, Data researcher, Data Visualization Analyst, Technical Data Analyst
In the learning area of Tech Support:
Tech Support Engineer, IT Support Specialist, Desktop Support Engineer, Service Desk Agent, Computer Support Technician, Help Desk Support, First-Line Support;
and other similar positions, which also meet the following criteria:
(i) A salaried employee or hourly employee working an average of at least 30 hours a week on site, remote, or hybrid; or
(ii) A full-time (30 or more hours per week) contractor, intern, or other compensated service provider relationship for 21 days or longer working onsite, remote, or hybrid; or
(iii) A paid, on site or remote contractor or intern position that has the potential to be extended or converted to a full-time role.
2.3. “Qualifying Offer” is defined as an offer for a Qualifying Position that you received.
2.4. The “Guarantee Period” is defined as the period of 12 months (or a longer period as set forth below) beginning immediately upon receipt of the final certificate of completion of the Careerist training program (after the Career Coaching stage). The Guarantee Period may be terminated or extended unilaterally by Careerist for up to six months if there is a natural disaster, including COVID-19 restrictions, other pandemics, war, strikes, natural disaster, acts of god, states of emergency, extensive layoffs in the tech industry, sanctions, or other occurrence beyond Careerist’s control at any point during the Guarantee Period that disrupts the job market nationally.
2.5. Metropolitan Area must be within the territory of the United States.
We require that you fully commit to your job search and take our instructions seriously. As a graduate of the Careerist training program, we expect you to be an active participant in your own success and put significant effort into your own growth and your job search. Therefore, for the Careerist Guarantee to be applicable:
You must have completed all the mandatory requirements for successful program completion, including:
3.1. You must complete 95% of the core curriculum (not including any freeze, pause, or extension granted to you by Careerist or your respective educational partner):
for the Manual QA Program: within 8 weeks of your program start date;
for the Data Analytics Program: within 26 weeks of your program start date;
for the UX Design Program: within 16 weeks of your program start date;
for the Systems Engineering Program: within 10 weeks of your program start date;
for the Sales Engineering Program: within 7 weeks of your program start date;
for the QA Automation Program: within 18 weeks of your program start date;
for the Bundle Program: within 26 weeks of your program start date.
3.2. During the first five months of the program’s start, you must meet or exceed expectations on all core projects according to the program curriculum or outline. You are welcome to submit improved versions based on your instructor’s/Career Coach´s/ internship lead’s feedback until you meet expectations.
3.3. You must have completed and passed all career development tasks that are (a) listed in the curriculum, and (b) personally assigned to you by your program instructors. This includes, without limitation, answering phone calls or at least replying or calling back within three business days or scheduling and attending a call with our representative within three business days, and passing the mock interview. (Failing to pass the final test in the form of the mock interview may terminate your eligibility for the Careerist Guarantee. You will have three attempts to pass this final test.)
3.4. Starting on the day you receive the certificate of program completion and have met all the above mandatory requirements:
(i) For the Guarantee to be applicable to you, you must be active in your job search. This means that you agree to submit, for the first six months of the 12-month term, no less than 95 applications per week or 380 per month, and for the remaining period of the 12-month term, 50 applications per week or 200 per month with or without help of JAS or Operator JAS during the whole Guarantee Period. You must also keep written proof of all submissions (except for those that you did through the Careerist Job Application System). Operator JAS is an optional, paid service and is subject to an additional agreement between you and Careerist. You agree to submit job applications in the following order or with the following priority: in the area of your residence (in a 70-mile radius) and remote positions; then, in case of a lack of appropriate job positions, in the rest of the states of the US.
(ii) You must be active in building your network to reach 500+ connections on LinkedIn in the first three months after starting your job search. Being consistent in your networking, including making new contacts, is critical to one’s success in the job search.
(iii) You must do two interviews per month starting in the second month of your job search, or 20 interviews in 12 months, with different companies. An interview with a hiring manager may be done in person or via video call or voice call.
(iv) You must schedule calls with a Careerist Career Coach at the frequency instructed by your Career Coach, not more than three times per week and subject to the Career Coach’s availability.
(v) You should take guidance from your Careerist Career Coach and follow their instructions on your job search strategy, including creating your resume and LinkedIn profile, building your network, and applying for Qualifying Positions that are a fit for you. You should be applying to roles that are suited to your areas of knowledge and maintain realistic expectations about what kind of first job is right for you.
(vi) You must provide the Careerist Career Coach with a monthly summary of job-related activity through the LMS or in any other way advised by Careerist, including all job applications submitted and networking efforts made. You agree to provide the Careerist Career Coach with further job-related information upon request.
(vii) You must attend/watch our weekly graduates meetings—at least two per month for the first six months after graduation.
(viii) You must respond to communications from Careerist within three business days.
(ix) You must always act with reasonable and good faith efforts to obtain a Qualifying Position. In case you become disabled under the Social Security Act during the Guarantee period and would like to claim the Guarantee based on disability, you will need to provide documentation showing that you have been found to be disabled by the Social Security Administration due to a condition that began or deteriorated after the date of finishing the training program and that the disability is expected to be permanent. Disability means a determination by the Social Security Administration that you are disabled.
4.1. Without limiting the foregoing, situations that void this Careerist Guarantee and make it null include, but are not limited to (at Careerist’s sole discretion):
4.1.1. You turn down a job offer for a Qualifying Position.
4.1.2. You decide not to conduct a job search for all or part of the Guarantee Period, provided that you may elect to suspend your job search for up to six months upon written notice to Careerist, and such suspension of the Guarantee Period shall constitute a mutual agreement between you and Careerist, and provided further, that Careerist may extend the Guarantee Period by up to six months following your resumption of your job search. Any offer for a Qualifying Position received during a suspension shall still terminate eligibility for a refund.
4.1.3. You do not put sufficient and consistent effort into your job search, as outlined above.
4.1.4. You do not want to or are unable to live and work in the United States.
4.1.5. You do not communicate with the Careerist Career Coach consistently (at least twice a month) throughout your search, including notifying us of any offers you have received.
4.1.6. You lose your work authorization or do not have sufficient work authorization, even if you did expect to have authorization or did at one time have appropriate work authorization during your training program.
4.1.7. You do not apply for Qualifying Positions in the Metropolitan Area as required above throughout the Guarantee Period.
4.1.8. You significantly change your job search strategy during the Guarantee Period without obtaining prior written consent from the Careerist Career coach.
4.1.9. You do not apply for jobs that are suitable for your background or experience as discussed in your calls with the Careerist Career coach.
4.1.10. You no-show or reschedule/cancel a call with less than 24 hours notice with a career coach or mock interviewer three or more times.
4.1.11. You change your LinkedIn or/and resume profile without confirming with the Career Coach in writing.
5.1. If you believe you qualify for a reimbursement according to the Careerist Guarantee, you must provide a written and signed certification that you have met all the requirements set forth in these Terms and have not been offered any Qualifying Positions to [email protected] within thirty (30) days following the expiration date of the Guarantee Period.
The request must be in the form required by Careerist, but at a minimum, shall include:
5.2. Failure to submit all required information within the required thirty (30) day period following the expiration date of the Guarantee Period is grounds for denial of the Careerist Guarantee.
It is your responsibility to provide all necessary documentation.
Careerist reserves the right to request additional documentation necessary to assess your eligibility. You shall provide any required documentation within ten (10) business days of the request or your request may be denied.
If Careerist determines you have not met all eligibility requirements for the reimbursement, it will deny your request by sending the reply to your email. Careerist will consider all requests in good faith, but is not required to provide any reasoning on its decision to you.
If Careerist determines you have met the eligibility requirements according to the Careerist Guarantee, Careerist will refund 100% of your upfront payment.
Please be advised that you are solely responsible for any tax consequences of the reimbursement according to the Careerist Guarantee. Please consult your tax advisor for any questions.
AUDIT RIGHT. For a period of two years following the expiration date of the Guarantee Period, Careerist reserves the right to audit any records you have provided related to the Careerist Guarantee. You must therefore retain all documents related to your Careerist Guarantee for three (3) years following your graduation from any Careerist training program(s). You must also provide Careerist with any information requested to substantiate your eligibility for the Careerist Guarantee, including but not limited to your tax returns, so that Careerist can confirm you are eligible for the Careerist Guarantee. If Careerist determines that you provided any false information, it may revoke the grant of your reimbursement.
6.1. This Guarantee shall be governed by the laws of the State of Florida, USA, applicable to contracts entered into and performed entirely within the State of Florida, USA without regard to its conflicts of law principles. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Guarantee or the use of any product or service provided by Careerist that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and Careerist, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Careerist should be sent to: [email protected]. After the Notice is received, you and Careerist may attempt to resolve the claim or dispute informally. If you and Careerist do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
6.2. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand US dollars (USD $10,000.00) may be resolved through binding, non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand US dollars (USD $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The provisions of this section may be enforced by any Court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. The Parties expressly agree to venue and jurisdiction in Florida and waive any claims or defenses for inconvenience of forum or jurisdiction.
6.3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. If you or Careerist pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Careerist, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Careerist. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
6.4. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Careerist in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CAREERIST WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
6.5. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
6.6. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Careerist.
6.7. Notwithstanding the foregoing, either you or Careerist may bring an individual action (“Claim”) in small claims court; however, if the Claim is transferred, removed, or appealed to a different court, it shall be resolved in accordance with Sections 6.1-6.5. Nothing in that small claims court lawsuit shall constitute a waiver of any Party’s rights under this Agreement with respect to Claims asserted in any related or unrelated lawsuits. Moreover, any dispute concerning the validity or enforceability of this Agreement or any part thereof (including, without limitation, the class action waiver in Section 6.4) must be decided in accordance with Sections 6.1-6.5 above.
6.8. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
6.9. Notwithstanding the foregoing, Careerist’s claims of failure by you to make any payments due under the Agreement and all Careerist’s collections claims under the Agreement shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for such purpose.
*Careerist contracts with reliable Educational Partners to provide educational services to the students, while Careerist itself will only provide career counseling and job application services to the students.