Terms & Conditions
Last updated March 15, 2021
Last updated March 15, 2021
These Recruitment Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," "Company") and Hey Recruiter ("we," "us," or "our"), concerning your use of Hey Recruiter ("Platform") for finding and connecting with Recruiters that can help you source and hire qualified candidates for your open roles.
You agree that by accessing and using the platform, you have read, understood, and agreed to be bound by all of these Terms.
1.1. "Acceptance" means your acceptance of a candidate sourced by a Hey Recruiter recruiter for your consideration to fill an open role in your company.
1.2. "Candidate" means an individual sourced and forwarded by a recruiter through the platform for your consideration for permanent employment.
1.3. "Recruiter/s" means any person/firm/agency that acts on your job order to find and provide candidates for permanent placement for your open positions that you have posted in the platform.
1.4. "Search Services" means the services/support provided by a Recruiter in line with your job order that are managed through the platform.
1.5. "Job Order" means the contingent permanent placement job postings you make, including job descriptions and requirements or other specified employment terms.
1.6. "Placement" means confirmed employment of a Candidate by a Company.
1.7. "Placement Fee" means the fee agreed between you, Hey Recruiter and a recruiter for directly hiring a candidate forwarded by a recruiter, and is expressed as a percentage of the first-year total base salary of a candidate.
2.1. You have chosen to use the platform to administer and manage your recruitment process with the assistance of Hey Recruiter Recruiter/s. To facilitate the recruitment, you will submit an electronic Job Order which will then be distributed to the platform.
2.2. Recruiters shall become registered members of the platform and can commence providing Search Services by accepting these Terms and by providing all documentations referenced in these Terms.
2.3. Recruiters shall provide their Search Services to fill the Job Orders posted in the Platform, and provide any contingent permanent placement services ONLY THROUGH THE PLATFORM IF THE JOB ORDERS ARE POSTED IN THE PLATFORM.
2.4. If a Recruiter has an existing service agreement with a Company for the provision of the same type of services to be provided under these Terms, the said services agreement will be superseded by these Terms.
2.5. All communications related to candidates, job requirements, contract terms, Placement Fee or any other inquiry to Hey Recruiter shall be conducted through the Platform unless expressly permitted elsewhere in these Terms. Recruiters are not permitted to communicate directly with any Company that has partnered with Hey Recruiter unless authorized by us. Communications initiated by you or by a Company on matters related to their job requirements, candidate acceptance, or the recruitment process are not covered by the foregoing limitation.
2.6. Recruiters are prohibited from re-posting any Job Order information to any external job board. If a Candidate submits an application for a job order posted on an external job board, we will not acknowledge it as a valid consent of representation of their application.
3.1. Recruiters will review Job Orders and forward qualified Candidates to a Company via the platform. The "Acceptance" of a Candidate occurs when you: (a) Accept to consider the application of a Candidate forwarded by a Recruiter for your open Job Order through the Platform and (b) make an offer and the Candidate accepts the open position you need to fill. The Placement Fee, on the other hand, will apply upon the Candidate's Acceptance of the job offer and begins their first day of employment with 90 days of Acceptance.
3.2. In the event that the you employed a Candidate for a position that is different from the role in the Job Order you have submitted in the Platform, and the Candidate accepted it and commences their first day of employment within 90 days of Acceptance, you agree to pay a fee that is equivalent to the amount of the Placement Fee that would have been owed if the Candidate were hired for the position indicated in the submitted Job Order.
3.3. If two or more recruiters forwarded the same Candidate to a Company and that Candidate is offered employment, the Recruiter who forwarded that Candidate first shall be acknowledged as the one who made the Placement. In the event of a dispute between recruiters, we will require the Recruiter to provide documentation that shows the Candidate's consent for application representation and engagement in the recruitment process with that Recruiter until their Acceptance.
3.4. A Company may claim ownership of sourcing a Candidate if: (a) The Candidate has been in the Company's database or the Company know of the Candidate prior to the Candidate being sourced and forwarded by a Recruiter in the platform; (b) For the past 12 months the Company has been engaged in a recruiting activity with that Candidate; (c) The Company can provide supporting documentation of their engagement in a recruiting activity with that Candidate prior to the Candidate's first day of employment with the Company.
4.1. Hey Recruiter charges a Placement Fee that is equivalent to 20% of the annual base salary of a Candidate that is hired through the Platform. Of the total Placement Fee received, 20% will go to Hey Recruiter and the rest will go to the Recruiter who made the successful Candidate Placement.
4.2. Hey Recruiter will be responsible for preparing the Placement Fee invoice (along with any sales, use, execise or similar tax), which will then be paid by the Company that successfully hired a Candidate through the Platform. As soon as a Candidate accepts an offer, the Company shall notify us of the hire, while the Recruiter shall provide supporting documentation of the Candidate's Placement for us to process the invoice.
4.3. Payment due for any Placement shall NOT be made directly to Recruiters. Likewise, Recruiters are prohibited from asking or collecting any Placement Fee directly from a Company. If a Recruiter receives any payment from a Company, they agree not to use the fund and remit the full value of the payment to Hey Recruiter as soon as possible.
4.4. Payment of the Placement Fee and applicable taxes shall be made not later than thirty days from the Candidate's first day of employment with Company.
4.5. All Placements made through the Platform comes with a 90-day guarantee period. If a Company hires a Candidate and that Candidate does not remain employed by the Company for the duration covered within the guarantee period for reasons like job elimination, layoff or downsizing, the Company does not have to pay a Placement Fee. Company shall notify Recruimently that a Candidate they hired through the Platform is no longer employed with them, together with the reason for termination no later than 5 days after the expiration of the Guarantee Period. This will allow the Company to exercise this guarantee. Refund for the Placement Fee already paid for by the Company shall given within 30 days of such notification. If, however, Recruitment does not receive such notification within the given period, Company agrees that the Placement Fee shall not be refunded regardless of the Candidate's employment status as the Guarantee period has been satisfied.
5.1. Given the nature of the relationship hereunder, Hey Recruiter and Recruiters and Companies ("Parties") using the Platform will have access to certain information and materials that have substantial value and may be confidential in nature. Disclosure of those information and materials ("Confidential Information') to any third party may be detrimental to any of the Parties involved or may diminish the value of those information and materials.
5.2. Confidential Information shall include, without limitation, our Platform's features and functions that are not available for public use, including enhancements that may later on be added into the Platform; Platform performance and security results; Candidates' information and screening results; financial information and other content supplied by Companies, including Job Orders; commercial terms covered in this Agreement; and any other material designated as confidential. Confidential Information shall NOT include a) information previously known to the receiving Party without reference to Confidential Information, (b) publicly known information made without any act or omission of the receiving Party, (c) information independently made by the receiving Party without reference to the disclosing Party’s Confidential Information, (d) information received from a third party under no confidentiality obligation with respect to the Confidential Information, (e) information that needs to be disclosed pursuant to administrative or court order, government or regulatory requirement or arbitration or litigation arising out of this Agreement.
5.3. Parties agree that they (including their employees, agents and contractors) will not share, disseminate, publish or disclose any Confidential Information of the other Party to any third party except for (a) Users who need to know of such information to use the Platform and (b) those with written authorization from the disclosing party for any purpose the information may serve.
5.4. Parties agree that all Confidential Information shall be treated with the same degree of care as it accords to its own Confidential Information, and that each Party has measures in place to keep its own Confidential Information private and protected against breach.
5.5. Parties shall not be relieved of their obligations in relation to Confidentaial Information even after the expiration or termination of these Terms.
6.1 Recruiters will indemnify, defend and hold harmless Hey Recruiter and Company, together with their subsidiaries, affiliates, directors, officers, agents, employees and investors, from and against any and all claims, demands, losses, liabilities, damages and expenses (including reasonable attorneys’ fees)(collectively “Claims”) arising from: (i) acts or omissions of Recruiters; and (ii) breach of these Terms by Recruiters. The above indemnification obligations will not apply to any act or omission taken at Company’s or Hey Recruiter’s explicit direction.
6.2. Hey Recruiter and Company will indemnify, defend and hold harmless Recruiters, along with their firm, subsidiaries, affiliates, directors, officers, agents and employees, from and against any and all Claims arising from: (i) negligent, fraudulent or wrongful acts and omissions of Hey Recruiter and Company and their officers, employees or authorized agents; or (ii) Hey Recruiter's and Company's material breach of these Terms.
7.1. NO PARTY SHALL BE LIABLE FOR OR REQUIRED TO INDEMNIFY ANOTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REGARDLESS OF HOW CHARACTERIZED AND EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM THE PERFORMANCE UNDER THESE TERMS OR IN CONNECTION WITH THESE TERMS, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
7.2. EXCEPT WITH RESPECT TO COMPANY’S PAYMENT OBLIGATIONS PURSUANT TO THESE TERMS AND THE COMPANY AGREEMENT, AND RECRUITER'S CONFIDENTIALITY OBLIGATIONS, LIABILITY UNDER THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED (A) WITH RESPECT TO LIABILITY BETWEEN Hey Recruiter AND RECRUITER, THE FEES RETAINED BY THE LIABLE PARTY IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY; AND (B) WITH RESPECT TO COMPANY LIABILITY TO Hey Recruiter, THE FEES RETAINED BY Hey Recruiter IN THE TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY.
8.1. Recruiters shall maintain complete and accurate records of the Search Services they provided, along with the recruiting activities they engaged in. This is to provide support to the fees charged by Hey Recruiter to the Company in accordance to these Terms. All records shall be kept for a period of three years after all fees and expenses were charged and paid for. Under obligations to these Terms and upon reasonable notice to a Recruiter, Company representatives shall be entitled to audit a Recruiter's record with respect to the the Search Services they provided, along with the recruiting activities they engaged in, no more than once per calendar year. Any such audit shall be carried out during regular business hours at the office of the Recruiter or at a location agreed between the Recruiter and Company. Upon termination of these Terms, a Company's right to audit shall be terminated one year after.
9.1. Recruiters shall not solicit for hire, hire, or assist others with the opportunity to do the same any employees of a Company while these Terms are in effect and a year after these Terms are terminated. The aforesaid provision shall not apply if the Recruiter is contacted by an employee of a Company or if the solicitation or hiring is the result of job board postings, general advertisements, career fair and other employment notices that are not directly targeted to the employees of a Company.
10.1. Recruiters shall comply with all requirements indicated in a Job Order. They shall verify the information provided by Candidates, making sure they are authorized to work in the applicable jurisdiction, and that the Candidates have given their consent for their information and application to be submitted to a Company and be used as needed in the recruitment process.
10.2. Company shall be responsible for the information and representations in its Job Order, and represents and warrants that it is an Equal Opportunity Employer and compliant with applicable laws with respect to Candidate interviewing and their hiring decisions.
10.3. Company agrees to accept and Recruiters agree to submit applications from Candidates without any discrimination of their race, color, national origin, religion, sex, age, sexual orientation, gender identity, disability, covered veteran status, or any other characteristic protected by law.
10.4. Company and Recruiters shall comply with all applicable laws and other relevant regulations with respect to recruitment, interviewing, hiring decisions, information confidentiality, record keeping, and employment.
10.5. Company and Recruiters shall comply with all export control laws with respect to their use of the Platform.
10.6. Parties acknowledge and agree that acceptance of any of these Terms and conditions related to the use of Hey Recruiter shall be accepted by a duly authorized representative of each Party who is authorized to bind that Party on all matters related to the acceptance of document/s.
11.1. These Terms shall take effect from the date a duly authorized representative of a Recruiter accepts these Terms through the Platform and shall remain in effect until terminated in accordance with the terms herein. Hey Recruiter, Company and Recruiters may terminate these Terms at any time for convenience upon at least thirty (30) days prior written notice to the other Parties. Hey Recruiter further reserves the right to suspend or terminate immediately any user account or activity that is disrupting or causing harm to Hey Recruiter’s computers, systems, infrastructure, Platform, or in violation of applicable laws and regulations.
11.2. These Terms can be immediatedly terminated by any Party in the event of a declaration of bankruptcy, insolvency, or dissolution or discontinued operations of another Party.
11.3. All rights granted hereunder shall be immediate terminated upon the Termination of these Terms for any reason. In such case, Company or Recruiter will no longer be able to use or access the Platform, while Hey Recruiter may opt to anonymize or remove any files or information relating to the account of a Company or Recruiter from the Platform at its sole discretion.
11.4. All provisions of these Terms that are intended to survive even after the termination of these Terms shall so survive. These include provisions relating to any Candidate forwarded or placed by a Recruiter through the Platform as of the Termination date.
12.1. Recruiters shall not name/identify a Company in any material used for publicity with prior written consent from the Company.
12.2. Hey Recruiter reserves the right to modify these Recruitment Terms and Conditions at its sole discretion for the benefits of users without prior notice. Any changes made shall take effect upon posting of the modified Recruitment Terms and Condition. Company's and Recruiter's continued use of the Platform after the posting of the modified Terms shall constitute their acceptance of the modified Terms.
12.3. Recruiters are prohibited from subcontracting their Search Services and any of their obligation under these Terms without prior written consent of Hey Recruiter.
12.4. Recruiters are prohibited from assigning these Terms and their rights and obligations under these Terms without prior written consent of Hey Recruiter.
12.5. Parties shall not be considered in breach of these Terms if they are unable to perform their obligations or there is a delay in the performance of their obligations under these Terms due to fire, flood, explosion, war, insurrection, embargo, governmental actions or requirements, military authority, act of God, shortages in the marketplace or any other event beyond the reasonable control of that Party. Parties agree to take prompt reasonable actions to minimize the effects of any such event or circumstances.
12.6. These Terms will be governed by and construed in accordance with the laws of England and Wales without regard to its conflict of law rules. If a Company or Recruiter access the Platform from outside of said jurisdictions, they do so at their own risk and are responsible for compliance with the laws of that jurisdiction. The relationship of the Parties hereunder is that of independent contractors, and these Terms will not be construed to imply that any Party is the agent, employee, or joint venture of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.