Terms of Service for Employers
Employers At A Glance:
- There is no charge to register with Gradmor – if you make a hire with Gradmor the referral fee is equal to 10% of the hire’s first year base salary
- Gradmor offers a full refund if the new hire doesn’t work out within their first 90 days
- Employers must notify Gradmor if their Job Offer is accepted by a candidate
- 1. Description of Services
- 2. Registration
- 3. Responsibilities
- 4. Referral Fees
- 5. Refunds
- 6. Payment
- 7. Limitations of Liability
- 8. Indemnity
- 9. Dispute Resolution
1. Description of Services
Gradmor is a strategic hiring and talent management firm. Our Services allow you to connect with individuals seeking employment opportunities (each, a “Candidate”). We serve as the connector between talented individuals and employers. Gradmor is not involved in any contract of employment and is not bound by any contractual agreement arising between Candidates and Employers, whether or not Gradmor receives some form of fee in connection with the transaction.
Upon registering as an Employer, you will begin to receive candidates who are interested in your company. Employers will be introduced to Candidates over email, and Employers will be able to put them through their own interview process. Your interaction with a Candidate may result in an offer for employment (“Job Offer”). Candidates may, in their sole discretion, accept or reject an Interview Request and/or a Job Offer.
In registering on the Gradmor website (https://www.gradmor.com/employers/registration), You agree to (1) provide true, accurate, current, and complete information about Yourself as prompted by the Service registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur between you and the Candidates. If You provide any Content (“Content” means any information that You post, transmit, or submit through Our Service) that is untrue, inaccurate, not current, or incomplete, Gradmor has reasonable grounds to suspect that such Content is untrue, inaccurate, not current, or incomplete, Gradmor has the right to suspend or terminate you as an employer in our network. You agree not to register using a false identity or information, or on behalf of someone other than Yourself. You agree not to register or use the Site or Service if You have been previously terminated by Gradmor, or if You have been previously banned from the Site or Service.
You are responsible for the use of the Site and Service. You agree not to access, copy, or otherwise use the Site or the Service, including Our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Gradmor. When using Gradmor, we ask you to act reasonably and responsibly with others, within the bounds of decency and in compliance with all applicable laws. We may suspend or terminate your access to the Service if You violate any of the terms and conditions of this Agreement or any applicable laws. Your continued access to Our Site and use of Our Service are contingent on your agreement to act in a proper manner. When using Our Site and Service you agree that you will not (1) copy, distribute, or disclose any part of the Site, including by way of automated or non-automated “scraping” (2) use any automated systems including “robots” and “spiders” (3) interfere with or compromise Our systems’ integrity or decipher any server transmissions (4) impose any unreasonably large load on Our infrastructure (5) upload viruses, worms, or invalid data to the Service (6) collect or retain any personally identifiable information contained in the Service (7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden (8) stalk, harass, bully or harm others (9) impersonate any person or entity (10) hack, spam, phish, or otherwise provide untruthful, false, fraudulent, manipulative, or inflammatory content.
4. Referral Fees
You agree to pay all applicable referral fees. You also agree that any assignee or successor of your contractual obligations by virtue of a sale, exit or change of control transaction will also be obligated to pay any referral fees for Candidates that you get connected to through the Services.
Once we have accepted the registration of an Employer, the Employer will be able to get connected with Candidates. If a Candidate identified through our Services accepts a Job Offer from you within twelve (12) months of the date on which we connected you to the Candidate, the Employer will be charged a referral fee (the “Referral Fee”) which equates to 10% of the Candidate’s first year base salary.
Gradmor reserves the right, in its sole discretion, to make changes to any of the Referral Fees by letting you know over email delivery before connecting you with a Candidate.
No Fees shall be due to Gradmor where an Employer can prove that a Candidate and the Employer were engaged in an Active Recruiting Process prior to connecting them to the candidate. Employers are required to let Gradmor know that they had prior contact with the candidate before the introduction is made. Prior contact (“Contact“) includes a phone interview, email exchange regarding the potential job opening, or interview with such candidate. Gradmor reserves the right to request any documentation or evidence that the Candidate was in Contact with the Employer before the introduction. This clause shall not apply where the Employer initiates the engagement through the Service. However, the final determination as to whether a Referral Fee is owed by the Employer for an accepted Job Offer will be at the sole discretion of Gradmor.
Refund of the Referral Fee shall be granted in the event that:
– an Employer hires a Candidate and terminates the Candidate’s employment based on unsatisfactory performance within ninety (90) days of the Candidate’s start date;
– a Candidate voluntarily terminates his or her employment within ninety (90) days of its start date; or
– a Candidate does not start employment because either the Employer or the Candidate elects not to begin the employment relationship contemplated in the Job Offer.
– Upon written receipt and confirmation of such information described in (1) – (3) above, Gradmor will fully refund to the Employer the Referral Fee related to the terminating Candidate.
Client agrees to pay the Referral Fees charged to Client’s account in accordance with the fees, charges, and billing terms in effect at the time the Referral Fee is due and payable hereunder. All fees (such as Referral Fees) are due on the candidate’s start date and payable net fifteen (15) days from the date indicated on each invoice as sent to Client by Gradmor. We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of the fees described under this Fee Schedule (the “Referral Fee”).
Should any Referral Fees, or other fees incurred by Client pursuant to Client’s use of the Site or Service remain unpaid more than fifteen (15) days after the fifteen (15) day payment requirement set forth herein, Gradmor will, as a genuine assessment of its damages, assess a late payment fee on Client’s invoice equal to two and a half percent (2.5%) of the amount overdue for each month OR FRACTION THEREOF, OR SUCH LESSER AMOUNT AS MAY BE THE MAXIMUM AMOUNT PERMITTED BY LAW, outstanding until paid, beginning with the due date of the late payment.
7. Limitations of Liability
Gradmor is not liable for (1) any content posted by Clients or Candidates on Our Site or Service; (2) contracts, contractual obligations, or other obligations that may arise from an employment, contractor, or other relationship between Client and Candidate; (3) any review of content posted on Our Site or Service; (4) any damages that result through the use of Our Service; (5) any negative or critical comments that may be posted by Client, Candidate, or other third party through the Service; or (6) any of the Third Party Service(s) You may be provided pursuant to Your use of the Service.
We are not required to or under any obligation to review, screen, edit, monitor or remove any content posted on Our Site, although We reserve the right to do so, and to take any other action, in Gradmor’s discretion, with or without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GRADMOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE, WHETHER OR NOT GRADMOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE AND/OR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GRADMOR BE LIABLE TO A CANDIDATE, (REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR MORE THAN THE GREATER OF (1) THE REFERRAL FEE PAID BY THE CANDIDATE’S EMPLOYER (A CLIENT), OR (2) AS A RESULT OF THE CANDIDATE’S USE OF THE SITE AND/OR SERVICE. IN NO EVENT WILL GRADMOR BE LIABLE TO A CLIENT FOR MORE THAN THE SUCCESS FEES PAID BY THE CLIENT FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH CLIENT FIRST ASSERTS A CLAIM ARISING OUT OF OR RELATED TO AN EMPLOYMENT OFFER OR CONTRACTOR OFFER MADE BY CLIENT TO A CANDIDATE.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
You agree to defend and indemnify the Gradmor Parties from and against any third party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relation to (a) Your Content (b) Your use of the Service (c) Your violation of any term of this Agreement (d) Your violation of any third party rights, including privacy rights, (e) Your violation of law or Your users (f) use of any services provided by Third Party Service Providers (g) any findings that the Gradmor Parties are employers or related employers of any Candidate, contractor employed, or retained by a Client. You may not settle or compromise any Infringement Claim without Our prior written consent.
9. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY.
Any dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Gradmor must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR GRADMOR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 7 of this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New York law or United States federal law.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, You may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.