Recruiting Agreement Policy
Effective Date: April 10, 2017
The Relode Platform offers web-based recruiting services to its users, which fall into two categories:
- “Clients,” which are employers who are seeking to fill open positions by posting jobs on the Relode Platform (“Job Posts”).
- “Agents,” which are individuals who refer candidates for Job Posts on the Relode Platform either by directly submitting candidate information on the Relode Platform or by using the Relode Platform to share a Job Post with a candidate who may then apply for the Job Post him or herself. Agents may also invite other individuals to become Agents.
The term “you” refers to “Client” or “Agent,” as applicable.
Terms Applicable to Clients
Upon entering into a Recruiting Contract, Client will pay Relode a non-refundable deposit in the amount specified in the Recruiting Contract (the “Deposit”), payable upon receipt of an electronic invoice issued by Relode. Relode shall have no obligations under the Recruiting Contract until it receives the Deposit.
The terms of a Recruiting Contract shall apply in the event Client hires a candidate referred to Client directly or indirectly through the Relode Platform in any position at any time during the period of twelve (12) months after the Job Post Date.
If Client hires a candidate referred to Client for a Job Post directly or indirectly through the Relode Platform in any position, Client will pay Relode the fee specified in the applicable Recruiting Contract (the “Success Fee”), payable on the engaged candidate’s first day of employment. The Success Fee will be either: (i) a fixed fee or (ii) a percentage of the candidate’s first year base compensation. The amount of the Deposit will be deducted from the total Success Fee. The Success Fee less the Deposit (the “Final Payment”) is payable under the terms of an electronic invoice issued by Relode.
No Final Payment will be due to Relode in the event the hired candidate is one of the following:
- a candidate who has applied for any position through a Client website within the preceding (12) months; or
- a candidate for any position who is currently or has been an employee of Client within the preceding (12) months.
Client agrees to participate in an initial orientation meeting (held by telephone or online) with Relode within three business days of the applicable Job Post Date if requested by Relode.
Client agrees to respond within five business days regarding questions or feedback on submitted candidates for any Job Post.
A Recruiting Contract may include an exclusive search provision. If included, the Client agrees to use no other third-party agencies, firms, or services to seek candidates for the applicable Job Post for the period specified in the Recruiting Contract as calculated from the applicable Job Post Date.
A Recruiting Contract may include an employment guarantee such that if an engaged candidate resigns or is otherwise terminated for any reason except layoff, reduction in staff, reorganization, or transfer of company ownership within the period specified in the Recruiting Contract, Relode will use reasonable efforts to provide Client with replacement candidates at no additional cost to Client. If Client is unable to identify a satisfactory replacement, Relode will provide a pro-rated refund of the Success Fee (less the Deposit) based on the schedule set forth in the Recruiting Contract.
Client Payments and Billing
All payments due hereunder must be paid in US dollars within 15 business days or as mutually agreed upon by Relode and Client.
If payments are not received within 30 days of their due date, a late fee penalty of 5% percent of the invoice amount will be automatically assessed.
You must provide true and accurate payment information and must be authorized to use the payment method you provide. You grant us permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network and authorize us to charge you for the appropriate amount due using such payment information and method as of the applicable date for payment. You are solely responsible for any applicable taxes, any credit card chargeback fees, and any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
Fees do not include any third-party fees you may incur including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for data services, and any other third party applications or services you may use in connection with using the Relode Platform. You are responsible for selecting and managing these other services and paying the fees for such services.
If you fail to pay amounts due hereunder, whether by canceling your credit card, initiating an improper chargeback, or any other means, your account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, you must reimburse us for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of 1.5% per month or the maximum allowed by law, plus attorneysʼ fees and other costs of collection as allowed by law. In our discretion, we may setoff amounts due against other amounts received from you, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
You will make all payments relating to, or in any way connected with, Recruiting Contracts through the Relode Platform. Any action that encourages or solicits complete or partial payment of any amount due under a Recruiting Contract outside of the Relode Platform is a violation of this Agreement. Should you be found in violation of this section, you will owe us an amount with respect to each Recruiting Contract equal to the greater of (a) US$2,500; or (b) the applicable fees had the payments been processed through the Relode Platform, plus 18%.
YOU WILL NOTIFY RELODE IMMEDIATELY IF ANOTHER PERSON IMPROPERLY CONTACTS YOU OR SUGGESTS MAKING OR RECEIVING PAYMENTS OUTSIDE OF THE RELODE PLATFORM. If you are aware of a breach or potential breach of this policy, please submit a confidential report to Relode by sending an email message to: email@example.com.
Terms Applicable to Agents
A “Qualified Referral” is the referral of a candidate by an Agent that meets the following conditions:
- Agent has spoken to the candidate about the specific Job Post and confirmed that the candidate is interested in speaking with a Relode representative about the position.
- Agent has provided accurate contact information (both phone and e-mail) for the candidate to Relode.
- Agent has provided a brief explanation as to why the candidate that is being referred is a good fit.
- The candidate is not a Duplicate Referral (see below).
- The Relode account executive for the applicable Job Post has determined that the candidate qualifies as a referral.
If a Qualified Referral submitted by Agent for a Job Post is hired by the applicable Client within one year from the Referral Date, Relode will pay Agent a reward in an amount equal to 100% of the Agent Percentage listed in the applicable Job Post, payable after payment is received from the Client.
If the Qualified Referral is not hired for the Job Post for which Agent submitted the Qualified Referral, Relode may seek another Job Post for which such Qualified Referral may be suitable. If the Qualified Referral is hired by another Client in such a case within one year from the Referral Date, Relode will pay Agent a reward in an amount equal to 100% of the Agent Percentage listed in the applicable Job Post, payable after payment is received from the Client.
In addition to entering into Recruiting Contracts with Relode, Agent may use the Relode Platform to (i) share a Job Post with a candidate who may then apply for the Job Post him or herself and (ii) invite other individuals to become Agents.
If Agent uses the Relode Platform to share a Job Post with a candidate who applies for a Job Post him or herself and is hired by a Client, Relode will pay Agent an award in the amount described above as if the candidate had been contained in a Qualified Referral submitted by Agent for such Job Post, payable after payment is received from the applicable Client.
If Agent invites another individual to become an Agent and such individual becomes an Agent that submits a Qualified Referral for a Job Post who is hired by a Relode Client, Relode will pay the original inviting Agent a one-time fixed fee, payable after payment is received from the applicable Client.
Agent has the exclusive right to rewards resulting from the hire of a candidate included in a Qualified Referral made by that Agent for a period of one year from the Referral Date, whether or not the candidate is hired for the Job Post with respect to which the Qualified Referral was submitted or another Job Post. Any submission of the name of such candidate by another Agent within that one-year period will constitute a “Duplicate Referral.”
If an Agent submits a possible Duplicate Referral, Relode will send an e-mail stating that there is a possible duplication. The Relode account executive will review the referral. A referral that is determined to be a Duplicate Referral will be rejected and Relode will notify the Agent.
Each Recruiting Contract between Relode and a Client includes an employment guarantee (see above) for a specified period (the “Guarantee Period”). Relode will pay any applicable reward due to Agent as follows:
- 50% of the reward after 50% of the Guarantee Period has passed; and
- 50% of the reward at the conclusion of the Guarantee Period.
Relode will pay the applicable reward and any other fees due Agent by direct deposit. You agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted account information in order to process your payment.
Relode is a third party processor, and pursuant to Section 6050W of the Internal Revenue Code, Relode will provide a Form 1099-K (“Payment Card and Third Party Network Transactions”) to the Internal Revenue Service for any Agent based in the United States who is paid over $20,000 through the Relode Platform and enters into over 200 Recruiting Contracts in a single calendar year.
Except as provided above, Relode will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to payments made by Relode to Agent and Agent will be solely responsible for determining whether Agent is required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to payments made by Relode to Agent, and filing any such tax forms and remitting any such taxes or charges to the appropriate authorities. Relode will have the right, but not the obligation, to audit and monitor Agentʼs compliance with applicable tax laws as required by this section. Further, in the event of an audit of Relode, Agent agrees to promptly cooperate with Relode and provide copies of Agentʼs tax returns and other documents as may be reasonably requested for purposes of such audit.
Worker Classification; Other Activities
Agent, as an independent contractor, is free at all times to provide services to persons or businesses other than Relode, including any competitor of Relode.
Agent agrees not to contact Relode Clients directly for the purpose of providing recruiting services if Agent discovered such Clients’ names using the Relode Platform for a period of twelve (12) months after the Referral Date of the most recent Recruiting Contract between Agent and Relode.
Agent will (i) create and maintain records to document satisfaction of its obligations under this Recruiting Contract Policy and any Recruiting Contract, including without limitation its payment obligations and compliance with tax laws, and (ii) provide copies of such records to Relode upon request. Relode, or Relodeʼs advisors or agents, will have the right, but not the obligation, to routinely, but no more frequently than annually, audit Agentʼs operations and records to confirm compliance. Nothing in this provision should be construed as providing Relode with the right or obligation to supervise or monitor any services performed by Agent.
Termination of a Recruiting Contract
Client may terminate a Recruiting Contract at any time for any reason but may not recover the Deposit. Agent may terminate a Recruiting Contract at any time if no payment by Relode has been made to Agent. If a payment has been made under on a Recruiting Contract, Agent may terminate only with Relode’s prior written consent.
You acknowledge all of the following:
- Relode will not have any liability or obligations under or related to Recruiting Contracts or any acts or omissions by you or other users, except to the extent such liability arises from Relode's negligence or willful misconduct.
- Relode makes no representations as to the reliability, capability, or qualifications of any Client, Agent, or Qualified Referral.
- Relode does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Recruiting Contracts, the truth or accuracy of User Contributions, the qualifications, background, or identities of users, or that a Client or Agent can or will actually complete a transaction.
- Relode is not required to and does not verify any information given to us by Agents or Clients, nor does Relode perform background checks on Agents or Clients.
- Relode may provide information about an Agent or Client, such as a strength or risk score, geographical location or third party feedback, background check or verification of identity or credentials. However, such information is based solely on data that Agent or Client submits. Relode provides such information solely for the convenience of its users and it is not an introduction, endorsement or recommendation by Relode.