FOR RECRUITERS


Terms of Use

By utilizing the services of CrowdHR, Inc. (“CrowdHR” or “We”), or accessing www.CrowdHR.com (the “Site”), you (the “Recruiter” or “You” when used in the “For Recruiters” section) agree and accept to be bound by the following terms and conditions (the “Agreement”). The Recruiter further represents and warrants to employers utilizing the services of the Site (the “Employer/s”) that it has reviewed and agreed to this Agreement with CrowdHR, which allows the Recruiter to interact with individuals seeking employment (the “Candidate/s”) and to submit resumes for positions posted on CrowdHR (the “JobPost”) for employment with the Employer as described on the Site. One central and fair Terms of Use governs the relationship between all parties on the CrowdHR Site.

The parties dictated above agree to the following terms as follows:

Registration

When creating an account on CrowdHR, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including a valid email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.

Communications

As a member of CrowdHR, Recruiters agree that they will not directly contact Employers outside of the Site. Employers have contracted with CrowdHR as a single point of contact for their JobPosts, and expect that all communications will come through CrowdHR. Unless the Employer reaches out directly to the Recruiter, Recruiters are not to initiate contact with employers. This includes any inquiries about active JobPosts or solicitations for the use of the Recruiter’s direct services or placement of the Recruiter’s Candidates outside of CrowdHR. We reserve the right to terminate the membership of any recruiter that does not respect this stipulation.

Pricing and Policies: Recruiters


Submission of Candidates

Recruiter acknowledges that Employer and CrowdHR have an agreement in place through which CrowdHR presents Recruits submitted by Recruiter for the JobPost (the “Employer Arrangement”). Recruiter agrees that it is not, and will not assert that it ever was or ever will be, a third party beneficiary to the Employer Arrangement.

In performance hereof, the Recruiter will: (a) present to CrowdHR only the Candidate/s whose qualifications match the requirements for the JobPost as set forth on the Site; (b) the Recruiter must have contacted the Candidate, matched the Candidate’s general qualifications to those stated for the applicable JobPost and, with the Candidate’s knowledge and permission, identified the Candidate and qualifications to CrowdHR through presentation on the Site, providing his/her qualifications in writing including a resume with the Candidate’s detailed work history, educational background, compensation history, and all other information required to complete the JobPost at the time of the submission.

As defined here, a Candidate’s submission to CrowdHR by the Recruiter (“Submission”) shall only be deemed valid when the Recruiter has entered the Candidate into the CrowdHR platform, the Candidate has directly confirmed their interest in the position through CrowdHR, and the Candidate has not been rejected by the Employer for any of the reasons detailed in this Agreement. Recruiters may not confirm interest on behalf of Candidates.

There is no fee for a Recruiter to Submit a Candidate for a JobPost on which he or she is engaged.

The Employer will not seek assistance or accept unsolicited resumes from Recruiters outside of CrowdHR. All resumes Submitted by Recruiters to any employee at Employer outside of the established Candidate Submission guidelines herein will be deemed the sole property of Employer, and no fee will be paid in the event the Candidate is hired by Employer as a result of the referral or through other means. Candidates referred via email to Employer or directly to hiring managers by resume or in any form are considered to be Submittals outside of the established ownership guidelines and are not eligible for a fee.

CrowdHR is not responsible for hiring decisions. The Employer shall make, within its sole discretion, all decisions with respect to hiring or not hiring presented Candidate/s. A “Successful Candidate” is a Candidate who is ultimately hired by Employer during the valid period of ownership.

Candidate Ownership

Ownership of a Candidate shall be granted when the Candidate is successfully Submitted by the Recruiter. Recruiters own candidates they Submit to an Employer for a period of six months from the date they Submit the candidate. If this employer hires the candidate during this period for any job, the employer owes the placement fee to CrowdHR, which will then be passed on to the recruiter.

The Recruiter recognizes that depending on the internal structure and systems of the Employer, each resume Submitted to the Site may not be automatically received by Employer. The Recruiter gives CrowdHR permission to submit each resume to Employer through Employer’s Talent Acquisition System (“ATAS”) or Applicant Tracking System (“ATS”) to establish the Submission date (or “date stamp”) of a Candidate in order for Employer to evaluate the Candidate’s candidacy for the Position.

If an Employer has had prior communication with a Candidate within 60 days of the start of their JobPost, they may provide CrowdHR with visual proof of their interaction, including, but not limited to date stamped applications in the ATAS or ATS, or date stamped email interactions, and reject that Candidate for the JobPost. Should that Candidate be hired, the Employer has no obligation to pay a fee. In the event of a dispute, the recruiting date stamp will be the definitive source to establish the submission date. However, Recruiter agrees that in the event of any such dispute, Recruiter shall in no event make any contact with Employer. Instead, all contacts shall be made through CrowdHR only.

Should two Recruiters Submit the same candidate, ownership shall be granted to the Recruiter who received the first confirmation of interest, not the Recruiter who first entered the Candidate into the CrowdHR platform. Candidates may only be owned by one Recruiter per Employer, but the same Candidate may be owned across separate Employers by separate Recruiters on a first Submission basis for that Employer. In the case of extenuating circumstances, CrowdHR reserves the right to determine which recruiter will be granted ownership of the submission.

Placement Payouts

All placements are guaranteed for 60 days from the date of start. Thus, CrowdHR must ensure that all JobPosts revenues collected from employers are fully paid and free from any claims of refund before it pays Recruiters. If a Successful Candidate has completed the guarantee period, and CrowdHR is able to process the payment from the Employer, CrowdHR pays the fee, net any financial transaction fees, collection fees, and other legal fees to the respective recruiters and the hired candidate approximately 65 days after payments are collected from the Employer.

Recruiter payments are made at the following rates: 10% of the first year's estimated salary to the Recruiter who owns the placed candidate, 1% divided among the Recruiters who have Submitted runners-up (0.8% divided equally among Recruiters who have Submitted Candidates who have had their contact information released by the Employer with a maximum of $250, and 0.2% divided equally among Recruiters who have Submitted Candidates who have been sorted into the "Yes" or “Shortlisted” folder by the employer with a maximum of $50).

Placement fees for a Successful Recruitment shall be paid by the Employer to CrowdHR, and then distributed from CrowdHR to the applicable Recruiter/s. CrowdHR will make it’s best efforts to collect payment from the Employer, but should an Employer refuse to or be unable to pay the placement fee, CrowdHR is NOT responsible for paying the fee. The Recruiter will not hold CrowdHR liable for the fee and agrees to hold harmless CrowdHR for any damages and costs incurred as a result of unpaid placement fees. The Recruiter is not to contact the Employer for the purposes of collecting fees, and any attempts to do so shall result in the termination of the Recruiter’s membership on the Site.

Should there be no hire made through CrowdHR for the JobPost or the Candidate fails to complete their initial 60 days of employment for any reason, no payments will be made to any party.

Alteration of User Content

CrowdHR reserves the right to alter any Candidate User Content uploaded to the site for the express purposes of removing contact information. CrowdHR does this for tracking purposes, and to protect recruiter ownership of their Candidates by minimizing the ability of employers to circumvent the site by contacting candidates offline. Any information removed from the Candidate profile will be available for release when the Employer actively requests to contact a Candidate.

Recruiter Covenants — Diversity

The Recruiter represents and warrants that it will not discriminate in the referral of recruits on the basis of race, color, religion, religious affiliation, sex, age, national origin, sexual orientation, marital status, disability, veteran’s status or other protected category, under applicable Federal, state, and local laws. CrowdHR and its Employers are committed to developing a diverse work force. Accordingly, the Recruiter will use its best efforts to recruit and present qualified minority and multicultural recruits for the Position. Recruiter’s Submission of a diverse pool of qualified recruits is a condition to participate in any search.

Recruiter Covenants to Employer – General

Recruiter shall not use CrowdHR’s or the Employer’s name and/or logo in any promotional materials or any other materials that Recruiter generates for their own purposes without Employer’s prior written consent.

When conducting cold calls or cold emails to source potential candidates, Recruiter shall not identify Employer’s name without first establishing the potential candidate’s interest in the JobPost under assignment. The Recruiter shall not make claims to be a direct representative, employee, or agent of either CrowdHR or the Employer, and shall not identify themselves as such in writing or via phone when communicating with Candidates.

Recruiters agree to keep confidential the details of a specific JobPost and the details surrounding the Employers who have submitted to those JobPosts. Material posted on CrowdHR by Employers may not be republished, reproduced, transmitted, downloaded, or distributed by any means, whether electronic or mechanical at any time. The Employer’s logo, company name, names of hiring managers or any other Employer staff member are not to be used publicly in writing or in private solicitation of prospective Candidates unless expressly granted written consent has been offered by the Employer.

Recruiter will engage in all undertakings in a workmanlike manner and will comply with all standards applicable to the recruitment business.

Recruiter represents and warrants that it will not Submit to CrowdHR any Candidates about whom they are aware of any restrictions that would prevent them from accepting employment with Employer, nor will Recruiter present any Candidate where Recruiter is aware of any basis upon which another search firm would be entitled to compensation by reason of the Recruits’ accepting employment with Employer.

The Recruiter shall be responsible for checking and confirming any Candidate references, including the confirmation of any professional or academic qualifications as well as certifications or other work permits necessary to satisfy the suitability of the candidate prior to submission for the JobPost. The Recruiter agrees, represents, and warrants that it will follow all applicable laws and regulations regarding background checks, as well as the use and disclosure of such information. At the request of the Employer, the Recruiter shall be solely responsible for providing records of this information.

Recruiters will not directly or indirectly solicit, induce, recruit, encourage, or otherwise endeavor to cause or attempt to cause any employee or consultant of the Employer to leave their current position for the purposes of being submitting as a Candidate to a JobPost on CrowdHR for a different position within that Employer’s company or affiliated companies.

Recruiter will comply at all times with all material, applicable laws and regulations of any jurisdiction where Recruiter acts in performance of this Agreement. Recruiter further warrants that it is in compliance with all applicable federal, state and local laws, regulations and standards, including but not limited to applicable U.S. and foreign anti-corruption laws, including without limitation, the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act. The Recruiter, its agents, and subcontractors (or anyone acting on CrowdHR or the Employer’s behalf) may NOT offer, promise or provide any item of value, pay bribes or make improper payments to Public Officials directly or indirectly in order to: obtain new business, retain existing business, and/or secure any improper advantage. Any accepted local practices to the contrary are irrelevant, as this Agreement’s standard may be higher than local law. In no event shall either party be obligated under this Agreement to take any action that it believes, in good faith, would cause it to be in violation of any laws, rules, ordinances or regulations applicable to it.

Should the Employer be a federal contractor, they will have certain obligations regarding record retention with respect to job applicants, including “Internet Applicants” (as defined by the OFCCP and the EEOC). These record retention requirements are set forth in 41 CFR §60-1.12. Due to the services Recruiter provides to Employer through CrowdHR, Recruiter shall comply with 41 CFR §60-1.12 with respect to all searches performed for Employer, which includes: (a) maintaining a record of the position for which each search of a database was made; (b) corresponding to each search, the substantive search criteria used; (c) the date of the search; and (d) the resumes of jobseekers who met the basic qualifications for the particular position. These records shall be made available to Employer upon request.

Confidential Information

If, during the course of performance under this Agreement, Recruiter has access to information that (i) relates to CrowdHR, the Employer, and/or either of their client(s)' past, present, or future research, development, or business activities and any proprietary products, materials, services, or technical knowledge, (ii) is regarded as confidential by CrowdHR, the Employer, and/or its clients ("Confidential Information") and/or, (iii) is identified as confidential by Employer, the following subsections shall apply:

(a) The Confidential Information may be used by Recruiter only to assist Recruiter to recruit for the Position.

(b) Recruiter will protect the confidentiality of the Confidential Information in the same manner that Recruiter protects its own Confidential Information of like kind. Access to Confidential Information shall be restricted to Recruiter and those Recruiter employees having a need to know such Confidential Information for the Recruiter to perform this Agreement. Recruiter shall not disclose Confidential Information to any third party.

(c) Recruiter may not copy or reproduce the Confidential Information without CrowdHR’s or the Employer’s prior written consent.

(d) Recruiter shall return to CrowdHR or the Employer all Confidential Information made available to Recruiter, including copies thereof, upon the first to occur of (i) termination of this Agreement, or (ii) request by Employer.

Personal Data

The Recruiter shall ensure that any Candidate is aware that:

(a) Personal data about the Candidate, whether obtained from the Candidate, the Recruiter, CrowdHR, or any other source, may be retained by Employer for the purposes of reviewing the Candidate’s application for employment, as well as for more general management and research purposes;

(b) The personal data may include a limited amount of data of a sensitive nature, including information about the Candidate's racial or ethnic origin, health and/or criminal record;

(c) Employer may, if deemed appropriate, send such data to a department or office other than the one to which the Candidate is presented (which may include a department or office of another part of Employer’s worldwide organization, and may be located anywhere in the world where Employer’s worldwide organization does business from time to time);

(d) If Employer does not employ the Candidate, Employer may nevertheless retain and use such data so as to be able to consider the Candidate later if a suitable position becomes available and, if appropriate, refer back to the original application if the Candidate applies to Employer again in the future, as well as for more general management and research purposes;

(e) And has consented to the collection and treatment of personal data related to the Candidate in that manner, before the Candidate is Submitted to CrowdHR.

In addition:

(f) Recruiter shall comply with all applicable laws and regulations in addition to its own policies surrounding data retention of personal information of Candidates. Further, in the event that Employer does hire a Candidate, Recruiter is prohibited from sharing any confidential or personal information surrounding such new hires to any third parties (including but not limited to Employer or CrowdHR competitors) and may only retain and use such information in the aggregate form (i.e. de-identified) for their internal business purposes only and only for so long as allowed by applicable law.

(g) The parties agree that the Recruiter shall not have access to any “Employer Personal Data”, defined as information from Employer relating to an identified or identifiable natural person (or, to the extent that applicable Data privacy Laws apply to information about legal persons, an identified or identifiable legal person).

(h) It is understood that Recruiter not seek access to (or means to access) Employer Personal Data and shall contractually obligate its sub-contractors not to do so; and if Recruiter or any of its sub-contractors has access to, or acquires the means to access, those Employer Personal Data (i) Recruiter shall promptly notify Employer that this is the case; and (ii) shall contractually require its sub-contractors to promptly and securely return all such Employer Personal Data as are in its possession or under its control to Employer and terminate such access to the extent practicable.

(i) Where Recruiter knows or reasonably suspects that an information security breach has affected Employer Personal Data, Recruiter shall promptly notify CrowdHR (in any case within the later of 24 hours or one (1) business day following such discovery) and cooperate with Employer in any post-breach investigation or remediation efforts.

Non-Exclusivity

This Agreement does not create an exclusive business relationship between CrowdHR and the Recruiter or between the Employer and the Recruiter, and does not restrict CrowdHR’s ability to work with other recruiters, nor does it restrict the Employer’s ability to fill the position or to obtain recruits through other sources including other recruiting agencies or internal Employer resources.

Use of Third Party Services

The Recruiter shall be solely responsible for the performance of any subcontractor used under this Agreement and shall require such subcontractor to agree in writing to the same terms and conditions Recruiter has agreed to with CrowdHR in this Agreement.

Recruiter will not invoice CrowdHR or the Employer for any additional rates, costs, expenses or additional fees from a subcontractor when using a subcontractor to perform any services under this Agreement. Recruiter shall only be entitled to compensation as specified under this Agreement with CrowdHR.

Furthermore, the Site may permit the Recruiter to link to other websites, services or resources on the Internet, and other websites, services, or resources may contain links to the Site. When accesses third party resources on the Internet, Recruiters do so at their own risk. These other resources may not be under CrowdHR control, and the Recruiter acknowledges that CrowdHR are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such links does not imply any endorsement or any association between CrowdHR and their operators. CrowdHR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. You hereby irrevocably waive any claim against CrowdHR with respect to such sites and third party content.

Disclaimer of Warranties

CrowdHR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CrowdHR results or posted on the CrowdHR website by CrowdHR or third parties. CrowdHR disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CrowdHR disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the CrowdHR site or on other sites on the Internet accessed through CrowdHR.

Copyright

All material appearing on this site is copyrighted. All rights reserved. CrowdHR , Inc., does not convey any license, right, title or interest in any information -- including information provided to CrowdHR from third parties unless previously specified in writing. No part of any CrowdHR’s website or mobile application may be republished, reproduced, transmitted, downloaded or distributed by any means, whether electronic or mechanical, without prior written permission of CrowdHR, Inc. Unauthorized reproduction or transmission of CrowdHR’s copyrighted material is a violation of federal law carrying civil fines of up to $100,000 and serious criminal sanctions or imprisonment.

Absent Employer's prior written consent which may be withheld at Employer's discretion, Recruiter will not use Employer's or Employer's affiliated firms' names or trademarks in connection with any advertising or promotional materials or activities, in a Web site, in a press release, or in other written, electronic, magnetic or laser media communications with, or services, materials or products provided to, third parties. Absent Employer's prior written consent that may be withheld at Employer's discretion, Recruiter may not communicate or publicize the existence of any business relationship established by this Agreement except internally. Recruiter may not state or imply, either directly or indirectly, that Employer or any of its affiliated firms endorse, sponsor, recommend, or prefer Recruiter's services. Recruiter may not disclose any of the terms of this Agreement to any third party without first obtaining the written consent of Employer (a) except as necessary to perform obligations under this Agreement, (b) except as required by court order after Employer receives notice thereof from Recruiter and Employer has an opportunity to protect its terms against disclosure, (c) except as may be necessary to exercise, establish or assert its rights hereunder, and (d) except to its lawyers. Employer's affiliated firms are not considered a third party for purposes of this paragraph.

Limitations on Reverse Engineering

The Recruiter may not reverse engineer, decompile, disassemble, emulate the functionality of, modify, alter, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Marketing References

We reserve the right to use your company name and logo for the purposes of marketing, advertising, and other promotional materials for CrowdHR unless you specifically request otherwise.

Candidate Guarantee

CrowdHR, Inc. makes a time-limited guarantee on candidates. The guarantee is 60 days after the start date unless otherwise stated within the JobPost to be more or less. If for any reason the candidate fails to complete 60 days of employment, the fee is refunded to the employer, and the recruiter holds no further claim to the fee.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CrowdHR OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CrowdHR SERVICES OR SITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CrowdHR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CrowdHR SERVICES OR SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE CrowdHR SITE, FROM INABILITY TO USE THE CrowdHR SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CrowdHR SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CrowdHR SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CrowdHR SERVICES OR SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CrowdHR SERVICES OR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CrowdHR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall CrowdHR or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Recruiter shall defend, indemnify and hold CrowdHR, the Employer and their affiliated entities, and their respective former, current, and future clients, suppliers, employees, agents, successors and assigns, harmless from and against any claims, demands, loss, damage or expense arising out of or in relation to the performance of this Agreement.

In no event shall CrowdHR or the Employer be liable for consequential, special, indirect, incidental or punitive losses, damages or expenses of the other party arising under or in connection with this Agreement, regardless of how such losses, damages or expenses arise and irrespective of whether or not it has been advised of the possibility of such losses, damages or expenses. Neither party nor any CrowdHR or Employer affiliated firm is liable for any claim that arose more than two (2) years prior to the institution of suit thereon.

Employer's maximum liability to Recruiter concerning Recruiter's services under this Agreement, or in any manner related to this Agreement, for any and all claims, shall not in the aggregate exceed Recruiter’s entitled compensation from CrowdHR in connection with the Position.

Disputes

CrowdHR provides visibility in the recruiting process that protects our customers from common recruiting disputes. In the case that a dispute arises between the Employer and a third party on the site, we will act as a neutral mediator to work out a settlement between parties. If mediation is unsuccessful, either party can enforce the Terms of Use to the fullest extent permitted by United States law, with any disputes to be settled in the United States.

In the case that a dispute arises between CrowdHR and the Employer, the parties agree to seek a neutral mediator to work out a settlement. If mediation is unsuccessful, either party can enforce the Terms of Use to the fullest extent permitted by United States law, with any disputes to be settled in the United States.

We reserve the right at all times (but will not have an obligation) to terminate Employer, Recruiter, or Candidate accounts, remove JobPosts and associated content, and reclaim usernames or URLs.

Change in Service and Terms

CrowdHR may modify or terminate the CrowdHR services from time to time, for any reason, and without notice. CrowdHR reserves the right to modify these Terms of Use from time to time without notice so check back often to review these Terms of Use. The changes will be effective when published. You understand and agree that your express acceptance of the Terms of Use or your use of the Software, Products, and or Website after the date of publication shall constitute your agreement to the updated Terms of Use.

Entire Agreement

The Terms constitute the entire agreement between you and CrowdHR relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized CrowdHR representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights or obligations under this Agreement to any party without the prior written approval of CrowdHR, Inc.; CrowdHR, Inc. may assign its rights and obligations under this Agreement without condition.

The Recruiter understands and acknowledges that because the Recruiter is an independent contractor for all purposes, Recruiter's employees are not entitled to and will not be provided with any benefits now given by CrowdHR, the Employer, or any Employer affiliated firm to, or hereafter declared for the benefit of, CrowdHR’s, the Employer’s, or any Employer affiliated firm's employees, partners, members, or shareholders. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed or deemed to be a waiver or release and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action.

Recruiter and its employees, agents and contractors have no right, power or authority to create any obligation or contract, express or implied, or make any representation on behalf of CrowdHR, the Employer, or any Employer affiliated firm, or to hold themselves out to the public or to a CrowdHR, Employer, or Employer affiliated firm customer as having such right power, or authority, or to make such representations.

For Employers


Terms of Use

You (reffered to as the “Employer,” or “you” within the "For Employers" section) agree that by utilizing the CrowdHR website, www.CrowdHR.com (the “Site”), or uploading any materials to the Site, you are entering into a legally binding agreement (the “Agreement”) with CrowdHR Inc. (reffered to as “CrowdHR” or “we”), in accordance with United States law. One central and fair Terms of Use governs the relationship between all parties on the CrowdHR Platform.

The parties dictated above agree to the following terms as follows:

Certification of Employer Information

Upon registering for an account on the Site, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form (including your email address). You will be responsible for the confidentiality and use of your username and password and will not transfer or resell your use of or access to the Site to any third party.

Disclaimer of Warranties

The Employer recognizes that the Site allows for interaction with third-party entities including, but not limited to, talent acquisition specialists (“Recruiters”), and prospective hires (“Candidates”).  CrowdHR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CrowdHR results or posted on the CrowdHR website by CrowdHR or third parties. CrowdHR disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CrowdHR disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites on the Internet accessed through CrowdHR. The Employer agrees to hold harmless CrowdHR for any damages caused or alleged to be caused by interaction with these third parties, including any legal action taken by any third party against the Employer.

Disputes

CrowdHR provides visibility in the recruiting process that protects our customers from common recruiting disputes. In the case that a dispute arises between the Employer and a third party on the site, we will act as a neutral mediator to work out a settlement between parties. If mediation is unsuccessful, either party can enforce the Terms of Use to the fullest extent permitted by United States law, with any disputes to be settled in the United States.

In the case that a dispute arises between CrowdHR and the Employer, the parties agree to seek a neutral mediator to work out a settlement. If mediation is unsuccessful, either party can enforce the Terms of Use to the fullest extent permitted by United States law, with any disputes to be settled in the United States.

We reserve the right at all times (but will not have an obligation) to terminate Employer, Recruiter, or Candidate accounts, remove JobPosts and associated content, and reclaim usernames or URLs.

Pricing and Fees:

When an Employer submits a job to be filled through the services of the Site (a “JobPost”), an initial fee is owed, as advertised on the site at the time of sending, unless otherwise agreed upon in writing, and this is payable by credit card and charged immediately. The Employer also agrees that if they hire a Candidate submitted to their JobPost through the Site at any time within six months of the date of the JobPost, they owe CrowdHR 14% of the Candidate’s first year salary (the “Placement Fee”), which is payable in full, net 15 days upon hire. Should the Candidate be hired as an hourly employee, the first year salary will be the hourly wage rate multiplied by 2000 hours.  Should the Candidate be hired on a wholly or partially commission-based payment scale, the first year salary will be an estimation including base and expected commissions.

The Employer is responsible for all the costs and effort associated with recruiting, background checking, on-boarding, and training a Candidate found through a JobPost.

Should the Employer default on payment of the Placement Fee, CrowdHR or the Recruiters who are owed fees for services rendered to the Employer may take legal action against the Employer or place the Employer into collections.  The Employer agrees to hold harmless CrowdHR for any legal action or collections placed on the Employer by Recruiters that are owed delinquent Placement Fees by the Employer.

Candidate Guarantee:

CrowdHR makes a time-limited guarantee on the employment of Candidates of 60 days after the start date unless otherwise agreed upon in writing by both parties and clearly stated within the JobPost to be more or less. Should the Candidate’s employment be terminated for any reason during the initial 60 days following the start date, the Employer is eligible for either a full refund of the JobPost fee and the Placement Fee, OR they may continue to have the JobPost reposted, for no additional cost, until the position is filled.

Candidate Ownership

For the purposes of this agreement Candidate shall be considered “owned” by the party that is deemed responsible for the Candidate’s ongoing relationship with the Employer as defined by the following terms.

CrowdHR owns Candidates submitted to a JobPost for a period of six months from the date the Candidate is submitted. If the Employer hires the Candidate during this period for the job submitted to the JobPost, or any other job, the Employer owes the Placement Fee to CrowdHR. CrowdHR will process and pay all the compensation owed to the Recruiter.

Exceptions from the Placement Fee may be granted if the Candidate is hired indirectly by a different hiring manager to a legally independent subsidiary within the same parent company.  In any other case where the Candidate is hired within 6 months of being submitted through CrowdHR, regardless of the division or ultimate job title, that Candidate is owned by CrowdHR and a Placement Fee is due.

Exceptions from the Placement Fee may also be granted if an Employer has had prior communication with a Candidate within 60 days of the start of their JobPost. The Employer must provide CrowdHR with visual proof of an email or job application from the Candidate in order to claim ownership of that Candidate. Should that Candidate be hired, the Employer has no obligation to pay a Placement Fee to CrowdHR.

Occasionally Candidates, who are introduced to employment opportunities through a JobPost, do not confirm their interest through the Site, but instead contact and apply to the Employer directly.  If CrowdHR can provide visual proof that the Candidate was contacted through the Site prior to their application to the Employer, CrowdHR will own these Candidates, and will be owed a Placement Fee should they be hired by the Employer.

Should the Employer search for the Candidate outside of the Site and initiate communication without informing CrowdHR, which ultimately leads to the hire of the Candidate, CrowdHR will still be owed a Placement Fee. Furthermore, if the Employer takes any steps to obstruct CrowdHR’s knowledge of the hire, CrowdHR reserves the right to take legal action to pursue the Placement Fee.

Confidentiality and Communications

Employers agree to keep confidential the details of a specific JobPost and the details surrounding the Candidates submitted to those JobPosts, except where information can be shared with people relevant to helping in the process of identifying, recruiting, and hiring Candidates.

Employers may communicate directly with Candidates who have been submitted and the Recruiters who have submitted them.  Employers agree to communicate with Candidates only by releasing the contact information submitted through the Site.  Candidates and Recruiters may only contact Employers who have initiated contact with them. In the case where Recruiters or Candidates violate this stipulation, CrowdHR should be notified to enforce the terms of their respective agreements with those parties.

Alteration of User Content

CrowdHR reserves the right to alter any Candidate User Content uploaded to the Site for the express purposes of removing contact information, and protecting ownership of the Candidates by minimizing the ability of Employers to circumvent the Site by contacting Candidates offline. Any information removed from the Candidate resume or profile will be available for release when the Employer actively requests to contact a Candidate.

Use of Third Party Services

The Site may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between CrowdHR and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. You hereby irrevocably waive any claim against the Site or CrowdHR with respect to such sites and third party content.

Copyright

All material appearing on this Site is copyrighted. All rights reserved. CrowdHR , Inc., does not convey any license, right, title, or interest in any information, including information provided to CrowdHR from third parties unless previously specified in writing. No part of any CrowdHR’s website or mobile application may be republished, reproduced, transmitted, downloaded or distributed by any means, whether electronic or mechanical, without prior written permission of CrowdHR. Unauthorized reproduction or transmission of CrowdHR’s copyrighted material is a violation of federal law carrying civil fines of up to $100,000 and serious criminal sanctions or imprisonment.

Limitations on Reverse Engineering

You may not reverse engineer, decompile, disassemble, emulate the functionality of, modify, alter, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Marketing References

We reserve the right to use the Employer name and logo for the purposes of marketing, advertising, and other promotional materials for CrowdHR unless you specifically request otherwise.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CrowdHR OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE CrowdHR SERVICES OR SITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CrowdHR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CrowdHR SERVICES OR SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE CrowdHR SITE, FROM INABILITY TO USE THE CrowdHR SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CrowdHR SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CrowdHR SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CrowdHR SERVICES OR SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CrowdHR SERVICES OR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CrowdHR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall CrowdHR or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Change in Service and Terms

CrowdHR may modify or terminate the CrowdHR services from time to time, for any reason, and without notice. CrowdHR reserves the right to modify these Terms of Use from time to time without notice so check back often to review these Terms of Use. The changes will be effective when published. You understand and agree that your express acceptance of the Terms of Use or your use of the Software, Products, and or Website after the date of publication shall constitute your agreement to the updated Terms of Use.

Entire Agreement

These terms constitute the entire Agreement between you and CrowdHR relating to their subject matter, and cancel and supersede any prior versions of the terms. No modification to the Agreement will be binding, unless in writing and signed by an authorized CrowdHR representative. You may not assign, sublicense, delegate or otherwise transfer the Agreement or any right granted hereunder. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights or obligations under this Agreement to any party without the prior written approval of CrowdHR; CrowdHR may assign its rights and obligations under this Agreement without condition.

For Candidates


Terms of Use

You agree that by utilizing the CrowdHR website, www.CrowdHR.com (the “Site”), or uploading any materials to the Site, you are entering into a legally binding agreement with CrowdHR Inc. (the “Agreement”), in accordance with United States law. One central and fair Terms of Use governs the relationship between all parties on the CrowdHR Platform. It eliminates paperwork and minimizes hassle for both employers and recruiters and is essential to an efficient workflow. In order to register, all users must review and agree to the Terms of Use.

Registration

If you register an account on CrowdHR, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.

Marketplace Membership

After your registration is processed and you are approved for membership, there are no start-up costs or monthly fees to participate in the CrowdHR marketplace for either employers or recruiters. Membership to the community is free.

Disputes

CrowdHR provides visibility in the recruiting process that protects our customers from common recruiting disputes. In the rare case that a dispute arises, we will take the situation off your shoulders and act as a neutral mediator to work out a settlement between parties. If mediation is unsuccessful, either party can enforce the Terms of Use to the fullest extent permitted by United States law, with any disputes to be settled in the United States.

Policies: Candidates


Candidate Profile

Candidates that chose to be featured on the CrowdHR platform, agree that they will only submit User Content (including, but not limited to, your profile and Account information and your resume) describing you as an individual person, including your career profile, that is accurate, true, not deceptive or misleading, and fully in compliance with all applicable federal, state and local laws including those related to intellectual property rights; you take sole responsibility for the form, content and accuracy of your User Content, including your career profile; we make no warranties as to the accuracy or truth of job postings on the Site; we have no responsibility as to any employment decisions by employers/recruiters; and we may delete your account at any time for any reason.

Alteration of User Content

CrowdHR reserves the right to alter any candidate User Content uploaded to the site for the express purposes of removing contact information. We do this for tracking purposes, and to protect recruiter ownership of their candidates by minimizing the ability of employers to circumvent the site by contacting candidates offline. Any information removed from the candidate profile will be available for release when the employer actively requests to contact a candidate.

Use of Third Party Services

The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. You hereby irrevocably waive any claim against the Site or CrowdHR with respect to such sites and third party content.

Disclaimer of Warranties

CrowdHR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CrowdHR results or posted on the CrowdHR website by CrowdHR or third parties. CrowdHR disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. CrowdHR disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the CrowdHR site or on other sites on the Internet accessed through CrowdHR.

Copyright

All material appearing on this site is copyrighted. All rights reserved. CrowdHR , Inc., does not convey any license, right, title or interest in any information -- including information provided to CrowdHR from third parties unless previously specified in writing. No part of any CrowdHR’s website or mobile application may be republished, reproduced, transmitted, downloaded or distributed by any means, whether electronic or mechanical, without prior written permission of CrowdHR, Inc. Unauthorized reproduction or transmission of CrowdHR’s copyrighted material is a violation of federal law carrying civil fines of up to $100,000 and serious criminal sanctions or imprisonment.

Limitations on Reverse Engineering

You may not reverse engineer, decompile, disassemble, emulate the functionality of, modify, alter, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CrowdHR OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CrowdHR SERVICES OR SITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CrowdHR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CrowdHR SERVICES OR SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE CrowdHR SITE, FROM INABILITY TO USE THE CrowdHR SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CrowdHR SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CrowdHR SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CrowdHR SERVICES OR SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CrowdHR SERVICES OR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CrowdHR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall CrowdHR or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Change in Service and Terms

CrowdHR may modify or terminate the CrowdHR services from time to time, for any reason, and without notice. CrowdHR reserves the right to modify these Terms of Use from time to time without notice so check back often to review these Terms of Use. The changes will be effective when published. You understand and agree that your express acceptance of the Terms of Use or your use of the Software, Products, and or Website after the date of publication shall constitute your agreement to the updated Terms of Use.

Entire Agreement

The Terms constitute the entire agreement between you and CrowdHR relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized CrowdHR representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights or obligations under this Agreement to any party without the prior written approval of CrowdHR,. Inc.; CrowdHR, Inc. may assign its rights and obligations under this Agreement without condition.