Terms & Conditions

This page states the "Terms and Conditions" under which you may use www.talenthire.com (the "Website") and any good, service or information available on the Website. If you do not accept the Terms and Conditions stated here, do not use the Service. By using this Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. TALENThire.com LLC (the "Company") may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. If at any time you find the Agreement unacceptable you should no longer use the Website. The terms "you" and "User" as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to "Recruitment Agencies" (posting Candidate resumes and seeking employment opportunities for Candidates), and "Employers" (posting job opportunities and seeking Candidates for employment).

Use of Materials

The Company authorizes you to view the Material (defined below) on the Website solely for the purpose of locating and recruiting potential employees (if you are an Employer) and for the purpose of seeking employment opportunities for Candidates (if you are a Recruitment Agency). You may not "scrape" or view and use the Materials (defined below) for any purposes other than expressly allowed in these Terms & Conditions.

The content of this Website, such as text, graphics, images, logos, button icons, and User Content (as defined below) (collectively, "Material") is protected under copyright, trademark and other laws. All Material is the property of the Company, its content suppliers or users. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of the Company and protected by copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose not expressly authorized in these Terms of Use. You may not "frame" the Materials or display the Material through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its web pages.

Website Use

You may use this Website as expressly allowed in these Terms & Conditions. You may not allow third parties to use this Site for any reason. You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Site in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Netscape Navigator, Microsoft Explorer).

Direct Hire: Candidate Ownership

TALENThire.com (and the corresponding Recruitment Agency) is entitled to placement fees on Candidates that have been hired within a six (6) month period of submittal as long as the following occur:

• Candidate was engaged or reengaged due to the submittal through the TALENThire.com Website.
• There are no additional, superseding terms and conditions document executed with the Employer.
• The candidate had knowledge and gave permission to the Recruitment Agency to submit to the Employer.
• The Candidate was only submitted from one Recruitment Agency through the TALENThire.com website

In such cases the Placement Fee will be equal to the posted fee amount of the position or in lieu of that position being approved for third party search a negotiated amount.

TALENThire.com will pay the submitting Recruitment Agency as long as a fee is collected from the Employer and that the Recruitment Agency has been in compliance with all of the Terms and Conditions of the TALENThire.com Website.

Direct Hire: Guarantee Period

TALENThire.com guarantees Candidates placed per the Terms and Conditions of the executed contract with the Employer. If there is not an executed contract on file TALENThire.com will guarantee per the following:

In the event any Candidate hired through TALENThire.com is terminated for just cause within thirty (30) calendar days of the commencement date of employment, TALENThire.com will refund any paid funds to the Employer (TALENThire.com will in turn not pay any fees to the Recruitment Agency or request a refund from the Recruitment Agency). This guarantee is not applicable if the service relationship is terminated because the position is eliminated or because the Employer has insufficient work.

Fees and Payment

Direct Hire:

Employer sets the Fee or Rate in the process of posting positions to the TALENThire.com Website. The Net Placement Fee found in the Position Posting indicates the Placement Fee to be paid to the Recruitment Agency. TALENThire.com shall invoice Employer effective on the Date of Hire for the Placement Fee and Employer shall pay the Placement Fee to TALENThire.com within 30 days of the effective invoice date. TALENThire.com pays Recruitment Agencies the Net Placement Fee net 15 business days upon receipt of funds from Employer ⁽¹⁾.

⁽¹⁾ In the event TALENThire.com is not paid by the Employer (for whatever reason) the Recruitment Agency will not be compensated.  TALENThire.com pursues any and all reasonable collection procedures, including the use of a collection agency when applicable, to ensure both it and Recruitment Agencies are compensated for services performed.

CONTRACT AND TEMP-TO-HIRE LABOR:

Employer sets the Hourly Fee (or Recruitment Agency rate) in the process of posting contract positions to the TALENThire.com Website. TALENThire.com shall invoice Employer weekly for the Fees Due, which is the sum of (Approved Timesheet Hours * Hourly Rate) + Expenses (if applicable) + Per Diem (if applicable) + Overtime (if applicable) and Employer shall pay the Fees Due to TALENThire.com within 5 business days of the effective invoice date. TALENThire.com pays Recruitment Agencies Fees Due net 5 business days upon receipt of funds from Employer ⁽¹⁾.

⁽¹⁾ In the event TALENThire.com is not paid by the Employer (for whatever reason) the Recruitment Agency will not be compensated.  TALENThire.com pursues any and all reasonable collection procedures, including the use of a collection agency when applicable, to ensure both it and Recruitment Agencies are compensated for services performed.

Employers who amend these Terms and Conditions will state customized Payment Terms and/or Guarantee Period in the Terms and Conditions section of their Employer Profile within the a position posting.

EMPLOYER SPONSORED RECRUITMENT AGENCIES

Recruitment Agencies sponsored by a participating TALENThire.com Employer are subject to the Employer sponsored contract for all positions posted by the Employer. ALL other postings listed on the TALENThire.com Website will be subject to the standard Fees and Payments above.

CANDIDATE CERTIFICATION

Recruitment Agencies submitting Candidates to Employers must comply with the to the TALENThire.com certification process. Submitting companies must certify that:

a)  A phone or face-to-face interview has taken place

b) The Candidate is Qualified, Interested, and Available for the specific position

c) The Candidate meets all minimum Candidate requirements as defined by the Employer

d) The Candidate was not submitted by another TALENThire.com Recruitment Agency

REGISTRATION & USER INFORMATION

The Company may require that you register and provide the Company with certain information including, name, mailing address and a valid email address (your "User Information"). The Company will not disclose to any third party your name, mailing address, e-mail address or telephone number without your prior consent except as provided in these Terms and Conditions, to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company may offer third party services and products to you based on the preferences that you provide in your registration and at any time thereafter; such offers may be made by the Company or by third parties.

PRIVACY POLICY

Except as set forth herein, the Company will not disclose any User Information it gathers from you to companies unaffiliated with the Company. Any User Information provided to entities affiliated with the Company will be treated in accordance with the terms of this Privacy Policy, unless you are otherwise notified. In the following circumstances the Company may release User Information when the Company believes, in good faith, that such release is reasonably necessary: (i) to comply with the law, (ii) to enforce or apply these Terms and Conditions and (iii) to protect the rights, property or safety of the Company, Employers, Recruitment Agencies, Candidates or others. The Company may also provide User Information to our vendors and suppliers ("Vendors") where it is necessary in order for such Vendors to (1) provide us with products and services related to our Website or (2) provide you with a service requested by you.

The security of your User Information is very important to us. The Company will use reasonable security measures to protect the User Information. Despite these security measures, the Company does not represent or warrant that User Information will be protected against loss, misuse or alteration. The Company additionally collects information about you and your use of the site through the use of Cookies.

If You have any questions regarding the Company's Privacy Policy please contact the Company at:

TALENThire, LLC
1870 The Exchange
Suite 100
Atlanta, GA 30339

http://www.talenthire.com

Contact: support@talenthire.com

If the Company changes this Privacy Policy, the Company will do so by posting the new Privacy Policy on this webpage.

USER CONTENT

Users are responsible for their communications and postings that includes, but is not limited to, resumes and job postings ("User Content"). The Company does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings (even if Company elects in its discretion to attempt to do so). You agree not to send communications or make postings that infringe or breach another party's intellectual property rights, contract rights or other rights (including copyrights, trademark rights or trade secret rights). You agree not to send inappropriate communications or make inappropriate postings, including but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. The Company is not responsible for any User Content or actions or omissions in response to User Content.

By submitting User Content, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, distribute, display and create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form for the full term of any rights that may exist in such content or User Information, except as otherwise expressly prohibited in these Terms of Use.

You also warrant that you have the right through ownership, license or consent to submit the User Content and User Information to be used in accordance with these Terms and Conditions. Subject to the foregoing, the owner of such User Content and User Information retains any and all rights that may exist in such content.

The Company may elect to, in its sole discretion, investigate and take action based on allegations by a party that another party violated these Terms and Conditions (however, the Company is not required to do so). The Company need not verify or assess the accuracy of any User Content or User Information.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your information and password. You may not share your password with others (except that a company may share its password with authorized employees of the company). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

THE COMPANY"S LIABILITY

The Company does not guarantee that Candidates will be hired or that Employers will find employees using the Website. This Website facilitates Employers posting positions and Recruitment Agencies posting Candidate resumes and searching available opportunities. The Company is not a party to any relationships entered into between Recruitment Agencies and Candidates, and the Company is not liable for any act or omission by Recruitment Agency or Candidate. You are solely responsible for the form, content and accuracy of any User Content.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

PROMISE NOT TO SUE & INDEMNITY

You promise not to sue the Company and hereby waive any and all claims against the Company from any liability arising out of or related to the acts or omissions of other users (Employers, Recruitment Agencies or Candidates). You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms and Conditions, or use of the Material or User Content. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

LINKS

The Website may contain links to third party Websites as a convenience. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

NO RESALE OR UNAUTHORIZED USE

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized use of the Website.

LIMITATION OF LIABILITY & DISCLAIMER OF CONSEQUENTIAL DAMAGES

The aggregate liability for the Company, affiliates, or employees or agents of the company to you for all claims arising from or related to the use of the Materials, user content or other goods or services provided through the Website is limited to one hundred dollars.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION

The Company reserves the right, at its sole discretion, to terminate your use of the Website at any time for any reason, in which case, you would receive a refund for any amounts paid for services not yet rendered if you were in compliance with these Terms and Conditions when Company denied your right of continued use of the Material or Site. To the maximum extent allowed by law, the Company may deny any company or person the right to use the Material or Website.

GENERAL

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and you hereby agree to be subject to these Terms and Conditions and waive all other privacy-related rights you may have. These Terms and conditions are governed by the internal substantive laws of the Georgia, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under this agreement shall lie exclusively with the state or federal courts within Georgia. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided otherwise, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Website, the Materials, User Information and User Content. No changes to these Terms and Conditions shall be made except by a revised posting on this page.