Terms of Use
This Website Terms of Use Agreement ("Agreement") is made effective as of the date it has been executed by both parties ("Effective Date") and describes the terms by which BountyJobs, Inc. ("BountyJobs") offers entities seeking to hire persons for employment ("Employers") use of the BountyJobs website located at www.bountyjobs.com (the "Website"). By accessing or using the Website, Employer agrees to be bound by this Agreement.
1. General
BountyJobs is an on-line marketplace that connects employers and Headhunters. Employer shall pay BountyJobs in accordance with the terms identified on Exhibit A and any order forms executed by both Parties under this Agreement. BountyJobs shall not be deemed a trustee, employer, employee or agent of Employer or any Headhunter for any purpose whatsoever and nothing in this Agreement shall be construed to render BountyJobs as such.
2. Website Restrictions
2.1. Employer is entirely responsible for the content it posts (including, but not limited to, Job Postings and company descriptions) to the Website. When Employer posts content to the Website, it thereby represents and warrants that: (i) the posting is not obscene, libelous or slanderous, does not invade the right of privacy of any third party, is not in violation of any law, rule, or regulation, will not cause injury to any person or entity, and will not violate any rights of any third party.
2.2. Employer agrees not to do any of the following: (i) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from BountyJobs on the Website and other than generally available third-party web browsers; (ii) post or submit to the Website any incomplete, false, or inaccurate biographical information or information which is not Employer's own; (iii) copy or store any significant portion of the content of the Website. BountyJobs may limit or terminate Employer's use of the Website at any time in its sole discretion.
2.3. BountyJobs requires Headhunters to pledge that if a Headhunter successfully places a Candidate with Employer, then Headhunter may not knowingly, until the twelve (12) month anniversary of that Candidate's Start Date initiate communication for the purpose of representation with any employees of Employer. BountyJobs takes this provision seriously, and if Employer believes a Headhunter has violated this provision, Employer should contact BountyJobs immediately.
2.4. Employer hereby represents and warrants that for the duration of this Agreement and for twelve (12) months thereafter, Employer shall not directly hire, contract with, or otherwise solicit or obtain services (other than through the Website) from any Headhunter who Employer was first introduced to through BountyJobs.
2.5. If Employer hires a Candidate submitted outside of the Website in an attempt to circumvent BountyJobs, Employer has an obligation to pay BountyJobs a Bounty Award equal to either (i) the commission percentage identified by Employer in the job posting, multiplied by the Candidate's base annual salary; or (ii) the flat fee identified by Employer in the job posting. BountyJobs reserves the right to restrict Employer access and/or terminate this Agreement.
3. Postings and Rights
3.1. By posting a job to the Website (a "Job Posting"), Employer agrees that BountyJobs may use that Job Posting in the normal course of business of running the Website. Employer hereby authorizes BountyJobs to include Employer's name on its standard customer list, in a manner consistent with, and on the same terms as, other BountyJobs customers.
3.2. The Website, including without limitation, all copyrights and patents relating thereto and BountyJobs trademarks used thereon, is the sole and exclusive property of BountyJobs.
4. Reporting of Violations
4.1. As BountyJobs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If Employer believes that material located on or linked to by the Website violates its intellectual property rights, it is encouraged to notify BountyJobs. If Employer believes that someone has posted inaccurate, misleading, or false content to the Website, Employer should report such information to BountyJobs at legal@bountyjobs.com.
5. Communications with BountyJobs
5.1. Except as herein expressly provided, all notices or requests required to be given under this Agreement and all other communications related to this Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, sent by overnight courier or telefax or mailed, first class postage prepaid, to the addresses listed on each Party's signature page. Either party may change its address by giving notice as provided herein.
6. Marketplace Risks
6.1. Employer agrees and acknowledges that: (i) BountyJobs acts as a venue for employers to post Job Postings and Headhunters to submit Candidates, and BountyJobs does not screen or censor the listings offered. BountyJobs is not involved in the actual transaction between Employer and Headhunters; (ii) BountyJobs cannot ensure that Employer or Headhunter will actually complete a transaction; and (iii) BountyJobs cannot guarantee the identity of any Headhunter or the accuracy of any information Headhunters provide. BountyJobs does not guarantee or endorse any Headhunter.
6.2. BountyJobs is not an employer or agent with respect to Employer's use of the Website and BountyJobs shall not be responsible for any employment decisions, for whatever reason made, made by Employer. BountyJobs cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained from BountyJobs shall create any warranty not expressly stated in this Agreement.
7. Disclaimer of Warranties and Limitation of Liability
7.1. The Website is provided "as is" and BountyJobs makes no representations or warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, BountyJobs does not warrant that the Website or the server that makes it available will be available, secure, error-free, free of viruses, or that defects will be corrected. Use of the Website is at Employer's sole risk.
7.2. IN NO EVENT SHALL BOUNTYJOBS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH EMPLOYER'S USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
7.3. BOUNTYJOBS' TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (i) THE FEES PAID BY EMPLOYER TO BOUNTYJOBS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
8. Indemnity
Employer agrees to defend, indemnify, and hold harmless BountyJobs, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Employer's violation of this Agreement or Employer's use of the Website.
9. Term and Termination
This Agreement shall remain in full force and effect while Employer uses the Website. BountyJobs may terminate this Agreement at any time, for any reason, with or without notice. Employer may cancel its account at any time by contacting BountyJobs. All provisions of this Agreement which by their nature should survive termination shall survive termination.
10. Survival
Those clauses which by their nature are intended to survive the termination of this Agreement shall survive, including but not limited to Sections 2.3, 2.4, 2.5, 3.2, 6, 7, 8, and all Exhibits.
11. Miscellaneous
This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without giving effect to any choice of law principles. The federal and state courts within the State of Delaware shall have exclusive jurisdiction. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between BountyJobs and Employer. A waiver of any default shall not be a waiver of any subsequent default.
Exhibit A — Bounty Award Payment Terms
All Bounty Awards shall be due and payable within thirty (30) days of the Invoice Date. Overdue payments will accrue interest at the rate of 1.5% per month (or the highest rate permitted by law, whichever is lower) from the date such payment was originally due until the date actually paid.
If a Candidate that Employer hires via the BountyJobs Website does not remain employed by Employer for the whole Initial Period, Employer may request that the Bounty Award Employer paid for the Candidate be refunded to Employer. For job postings that offer fixed fee Bounty Awards or a commission percentage of twenty percent (20%) or more, the Initial Period is ninety (90) days from the Candidate's Start Date. For all other Job Postings, the Initial Period is sixty (60) days from the Candidate's Start Date.
Upon receiving a request from Employer for a refund, BountyJobs will contact the Headhunter who submitted the Candidate to Employer to confirm that the Candidate is no longer employed by Employer. The Headhunter will have three (3) business days to respond to such a request. If the Headhunter agrees or fails to respond, BountyJobs will refund to Employer the amount of the applicable Bounty Award.
In the event of any dispute between Employer and Headhunter concerning a Candidate's termination, Employer records demonstrating termination shall be conclusive evidence that such termination occurred.
Notwithstanding anything in this Agreement to the contrary, if at Employer's request BountyJobs has paid the Bounty Award to the Headhunter prior to the sixty (60) day anniversary of the Start Date, then BountyJobs will not be obligated to refund any amounts to Employer in excess of the sum of the retained portion of the Bounty Award and BountyJobs' own fee.
For the avoidance of doubt, BountyJobs' refund of any Bounty Award to Employer is not conditioned upon BountyJobs' recovery of amounts due from Headhunter.
For the avoidance of doubt, all references in this Agreement to receipt of Bounty Awards insofar as they appertain to Headhunters shall be net of any administration costs or fees.
Exhibit B — Permanent Hire Bounty Award Terms
With respect to each Job Posting for which a Candidate is directly hired by Employer, the fee payable by Employer to BountyJobs will equal either (A) the flat fee identified by Employer in the Job Posting; or (B) the product of (i) the commission percentage identified by Employer in the Job Posting; and (ii) the Candidate's base annual salary.
1. Permanent Hire Bounty Award Process
1.1. Employer must enter the Candidate's Start Date and the base annual salary associated with the relevant posted job on the Website as soon as possible after the date upon which Candidate has accepted an offer of employment from Employer.
1.2. BountyJobs will email Employer an invoice for each Permanent Hire Bounty Award on the Start Date.
2. Permanent Hire Bounty Award Refunds
2.1. If a Candidate that Employer hires via the BountyJobs Website does not remain employed by Employer for the duration of the BountyJobs money-back guarantee period ("Guarantee Period"), Employer may request that the Permanent Hire Bounty Award Employer paid for the Candidate be refunded to Employer. The Guarantee Period is ninety (90) days from the Candidate's Start Date for all Job Postings offering a fixed fee Bounty Award or a commission percentage of twenty percent (20%) or more, and sixty (60) days from the Candidate's Start Date for all other Job Postings.
2.2. BountyJobs has no obligation to refund a Permanent Hire Bounty Award to Employer if (i) the Candidate leaves Employer's employ in connection with a downsizing or company layoffs; or (ii) Employer fails to pay the Permanent Hire Bounty Award according to the terms of this Agreement.
2.3. Upon receiving a request from Employer for a refund, BountyJobs shall contact the Headhunter who submitted the Candidate to Employer to confirm that the Candidate is no longer employed by Employer. The Headhunter will have three (3) business days to respond to such a request. If the Headhunter agrees or fails to respond, BountyJobs will refund to Employer the amount of the applicable Permanent Hire Bounty Award.
2.4. In the event of any dispute between Employer and Headhunter concerning a Candidate's termination, Employer records demonstrating termination shall be conclusive evidence that such termination occurred.
2.5. Notwithstanding anything in this Agreement to the contrary, if at Employer's request BountyJobs has paid the Permanent Hire Bounty Award to the Headhunter prior to the sixty (60) day anniversary of the Start Date, then BountyJobs will not be obligated to refund any amounts to Employer in excess of the sum of the retained portion of the Permanent Hire Bounty Award and BountyJobs' own fee.
2.6. For the avoidance of doubt and subject to the foregoing section, BountyJobs' refund of any Permanent Hire Bounty Award to Employer is not conditioned upon BountyJobs' recovery of amounts due from Headhunter.
Exhibit C — Contingent Hire Bounty Award Terms
Upon the request of entities (referred to in this Exhibit C as "Client") seeking to identify persons who can provide temporary services for Client (the "Services"), the BountyJobs Website will allow Client to connect with Headhunters who can assist with the identification of such persons. The details of the services to be performed by an Assigned Resource, the rate of pay, and the estimated length of the assignment shall be set forth in the applicable Job Posting.
1. Provision of Services
1.1. Unless otherwise agreed to in writing by Client and BountyJobs, any person who will provide Services under this Agreement (an "Assigned Resource") shall be an employee of an affiliated party, People 2.0 North America, LLC ("People 2.0"), as described by Exhibit D of this Agreement.
1.2. Assigned Resource shall submit a timesheet to Client at the end of each week they provide Services to Client. BountyJobs or its agent shall invoice Client weekly for the compensation specified in the Job Posting for each Assigned Resource and the Invoice Date shall be the date of receipt for each weekly invoice.
1.3. Client agrees that, during the term of this Agreement and for twelve (12) months thereafter, Client shall not directly or indirectly, induce or assist any other person or entity in inducing any Assigned Resource covered by this Agreement to terminate Assigned Resource's employment with Assigned Resource's employer, or to breach any other obligation to Assigned Resource's employer.
1.4. Client agrees to pay a Conversion Fee if Client directly hires, with BountyJobs' prior written permission, an Assigned Resource before the Assigned Resource has provided one thousand forty (1,040) hours of Services during the Assigned Resource's most recent provision of Services to Client. The Conversion Fee will be calculated based on a prorated schedule of the Assigned Resource's compensation.
1.5. If Client elects pre-employment screening for an Assigned Resource, all costs thereof will be the responsibility of Client.
Exhibit D — Employer of Record Addendum
This Employer of Record Addendum (the "Addendum") is hereby added and made a part of the Website Terms of Use Agreement (the "Agreement") by and between BountyJobs and entities (referred to in this Exhibit D as "Client") that wish to engage an Assigned Resource for the provision of Services. All terms and conditions of the Agreement, as modified by this Addendum, are hereby ratified and confirmed and shall remain in full force and effect.
1. Employment of Assigned Resources
1.1. Client agrees that BountyJobs shall outsource all employment related responsibilities for Assigned Resources to an affiliated party, People 2.0 North America, LLC, or one of its affiliated companies ("People 2.0"). People 2.0 will assume all employer responsibilities for Assigned Resources in their provision of Services to Client, including payroll processing, benefits administration, workers' compensation coverage, and all applicable tax obligations.
2. Additional Services
2.1. People 2.0 will also provide additional services requested by Client as agreed to by People 2.0. The services described herein are the "People 2.0 Services."
3. Invoicing
3.1. Client agrees and acknowledges that People 2.0 will invoice Client directly for the People 2.0 Services and Client agrees to make payments for the People 2.0 Services directly to People 2.0.
4. Authority
4.1. People 2.0 is duly authorized to operate in all states where Assigned Resources are located, and People 2.0 has all legal authority to provide the People 2.0 Services, and has obtained and will maintain all licenses, permits and other rights necessary to provide the People 2.0 Services.
Contacting Us
If you have any questions about these Terms, please contact us at legal@bountyjobs.com.
Last Updated: January 1, 2024