This Terms of Service summarizes the principal terms of collaboration between Relancer (“Relancer,” “we,” or “us”) and the Client (“you” or “Client”), which has requested to hire Recruiter(s) via Relancer's service.
When accepted by you, these Terms of Service form a legally binding contract (Contract) between you and Relancer (as defined below).
Please read these Terms of Service carefully. By accepting these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, then please do not access or use Relancer's Services.
1. GENERAL PRINCIPLES
1.1 Relancer is an online marketplace for connecting companies (Clients) and Recruiters who work via the Relancer platform as independent contractors.
1.2 It is the responsibility of the Client to ensure that Relancer's services are in accordance with their needs. Relancer's Recruiters provide the following (but not limited to) services:
- Helping to fill needed roles faster
- Helping to expand your team in new locations
- Helping to fill challenging or niche roles
- Helping out with specific recruiting tasks
- Improving your recruitment processes or strategy
- Any custom recruitment challenges
1.3 The aim of Relancer is to help companies find a Recruiter who can understand and help the companies the most.
1.4 The role of Relancer is to make sure the Client has the best possible opportunity to get matched with the right Recruiter; to make sure the collaboration between Client and Recruiter goes smoothly; and solve any rising disputes in a transparent manner keeping the interests of both sides in mind.
Relancer's team has the know-how and network to help companies choose the right Recruiter(s) with specific expertise in a preferred location. Relancer will do its best to provide best-suited Recruiters and present all necessary information. The Recruiter and Client understand that the final decision is made by the Client and Relancer can not be held responsible for any results the Recruiter may or may not provide.
2. SERVICE PROCESS
2.1 Mapping the Client’s hiring needs (Projects)
The Client can find Recruiters for their recruitment needs (Projects) in two different ways. The Client can use Recruiter Search to search for recruiters that match their requirements. Or the Client can create a Project that describes their recruitment needs and Relancer will match Recruiters for the Client that match the Client’s requirements.
The Projects describe the roles the Client is looking to hire and criteria for recruitment (pricing model, budget, and other preferences).
Each Project describes the Client's recruitment needs. If there are many Projects (different recruitment needs), then the Client can assign a different Recruiter for each Project or select a Recruiter to handle multiple Projects.
2.2 Comparing and choosing Recruiters
Relancer will provide Vetted Profiles of Recruiters which include their expertise, level of experience, skills, fees, previous work, references from clients, and other relevant information.
The Client will schedule an Intro Meeting with suitable Recruiters to ask more questions, talk about the Project in more detail and negotiate the terms.
The goal of the Intro Meeting is to evaluate the Recruiter’s suitability for the recruitment Project. Client should provide the Recruiter with necessary information so the Recruiter can assess their ability to achieve recruitment deliverables and make a final proposal for their fees and estimated deadlines.
In some cases, when support is needed, the Success Manager from Relancer can participate in the Intro Meeting with the Client and Recruiter. The Success Manager will advise the Client on evaluating and selecting the Recruiters, but the Client will be responsible for the final decision.
2.3 Recruitment Contract between Recruiter and Client
Relancer provides Contract Templates and (if necessary) helps to negotiate terms between the Recruiter and Client, who will agree on Milestones, Deliverables, Collaboration Model, Fees and other terms. Using the Contract Template is not mandatory.
Relancer is not included in the Recruitment Contract between the Recruiter and the Client. Both parties are in a separate agreement (Terms of Service) with Relancer.
2.4 Collaboration and progress tracking
Relancer will not regulate the collaboration between the Recruiter and the Client after they've signed the Recruitment Contract. All further collaboration is agreed between the Recruiter and the Client with the Milestones and Deliverables in the contract.
Each Recruiter has their own working processes, which they will align with the Client's situation and needs.
It is recommended to have an Project Kick-off Meeting to go over the Project before the work starts. It is recommended to schedule Check-In Meetings (via email, in person meeting, video call) to keep track of the progress.
2.5 Project wrap-up
When the project ends, the Client has to inform Relancer about it in order to successfully close the project and collect feedback from the Recruiter and the Client.
3. CONFIDENTIALITY
Confidential Information means any material or information provided to the Client to evaluate a Recruiter regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form.
Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Client; (b) was lawfully received by Client without restriction from a third party having the right to disseminate the information; (c) was already known by Client prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by Client without use of another person’s Confidential Information.
Client agrees to hold in confidence all Confidential Information and to use reasonable care to prevent the unauthorized disclosure or use of the other party's Confidential Information.
4. ROLE OF RELANCER
4.1 The role of Relancer is to ensure:
- All recruiters are vetted (they go through a review and onboarding process).
- The Client has sufficient information and support to make an educated choice from proposed Recruiters.
- The Recruiter has sufficient information and support to assess their suitability for the Project.
- The collaboration between Recruiter and Client goes smoothly.
- All disputes between the Recruiter and Client are handled with care by Relancer's Support team.
4.2 The Success Manager from Relancer is included in all the communication until a Recruiter is hired and a contract is signed between the Recruiter and the Client. This includes all communication on the Relancer platform and off the platform.
4.3 Relancer will not participate in communication and meetings between the Recruiter and Client after the contract has been signed between both parties.
4.4 Relancer has the right to request feedback and information from the Recruiter and Client at any given point to ensure collaboration success. Relancer collects feedback to make sure the Recruiter is on track to achieve the agreed recruitment deliverables and offers a high quality service experience to the Client.
4.5 If the first 14 days since starting the Project show that:
- the Recruiter might not be able to deliver the hiring goals, or
- the Client might not be able to contribute to Project success,
Relancer will take measures to improve collaboration between parties or terminate the collaboration.
4.6 Relancer will provide a Contract Template if requested by the Recruiter or Client. Relancer will receive a copy of the final contract between the Recruiter and the Client including the description of Milestones and Deliverables set for the Project.
5. COLLABORATION MODELS
The Recruiters can set and negotiate their own rates and pricing models. The pricing depends on the overall market situation, the Recruiter's experience level and skills. Also Clients have different budgets and pricing model preferences. Some Projects and Collaboration models are a better match than others. The collaboration models are described as (but not limited to) Hourly commitment, Exclusive commitment, Contingency commitment.
5.1 Hourly commitment
It's a suitable model if the Client needs help for particular repetitive tasks, such as sourcing candidates or conducting screening interviews. Hourly model also makes sense when the Client has multiple similar roles or plans to work with the Recruiter for a longer period than just one Project. Hourly model is cheaper and more efficient than having a Recruiter for each role separately.
Clients are billed based on the hours Recruiters have worked on the Recruitment Project.
The billing cycle is agreed by the Client and the Recruiter. Most common cycles are weekly, bi-weekly and monthly. The first weeks will show if the collaboration between the Recruiter and the Client is successful in long-term.
Due date for payments is agreed by the Client and the Recruiter. Usually payments for Hourly Invoices are due in 3-5 days after the invoice is issued.
5.2 Exclusive commitment
Exclusive commitment suits best if the Client doesn’t have/need an in-house recruiter or wants extra help with some specific roles. In this case the Recruiter works exclusively with the role and is committed to the Client.
20-50% of the Total Recruitment Fee is transferred to the Recruiter's bank account at the beginning of the project as a retainer. The retainer payment establishes a mutual commitment for both sides for a common goal.
When the Recruiter reaches agreed Milestones, the Client will transfer the agreed amount of the fee to the Recruiter. The scope and deadlines of the Milestones are agreed by the Client and the Recruiter in the Recruitment Contract.
Due date for the rest of the Recruitment Fee payments is agreed by the Client and the Recruiter. Usually the rest of the Recruitment Fee is due in 14 days after the Client has signed an employment contract with the candidate presented by the Recruiter.
5.3 Contingency commitment
If the Client has used up most of their recruitment budget and has in-house recruiters also working on the role, it makes sense to hire a Contingency Recruiter. It will be the most expensive option, but with less risk – you only pay for results. The Recruiter might not* be committed to the Client, but will provide an additional pipeline of candidates.
*Might not be committed means that Contingency Recruiters work with multiple Clients at the same time and can prefer Projects where they can get results faster and with less effort.
The average Contingency fee varies from 10% to 30% of the anticipated annualized salary or wages of the candidate.
Due date for the Contingency fee is agreed by the Client and the Recruiter. Usually the Contingency fee is due in 14 days after the Client has signed an employment contract with the candidate presented by the Recruiter.
6. PAYMENTS
6.1 There are no upfront costs. Relancer's marketplace services are free for the Client.
6.2 The Client will be billed by the Recruiter according to the collaboration model described in the Recruitment Contract. Relancer invoices Recruiters a percentage of their fee depending on the total amount they’ve billed with a client.
6.3 The Client is responsible to determine proper classification of all Recruiters as either independent contractors, sole proprietors or employees. For US-based Independent Recruiters, the Client should refer to the IRS guidelines and other federal, state, and local regulations applicable.
6.4 Relancer does not assume to be an expert on tax matters for the Client's specific business, the Client should consult a tax professional for any questions or concerns about any tax-related issues. If the Client not based in the US or have additional questions, please consult the local tax representative for more information on filing tax forms in a specific country.
7. GUARANTEES
7.1 Guarantees from Recruiter
For any guarantees regarding the Project results and Candidates, the Client should negotiate and agree with the Recruiter.
7.2 Guarantees from Relancer
- Relancer acts as a mediator and enabler, therefore will not guarantee the results between the Recruiter and the Client.
- Relancer will guarantee that all Recruiters on Relancer's platform are thoroughly reviewed and validated professionals.
- Relancer will guarantee that all Clients on Relancer are thoroughly reviewed and validated companies.
- Relancer will guarantee a High Service Quality, meaning Relancer will support the collaboration between the Recruiter and Client, handle any occurring disputes, and 1) take measures to replace the Recruiter in case of an unsuccessful collaboration; 2) take measures to protect the Recruiter from unfair or neglectful situations with the Client.
8. TERMINATION
8.1 The Client agrees to immediately inform Relancer about any updates or cancellations regarding Projects. The Client understands that Relancer's services for the Client are free of charge, so withholding or misrepresenting information may result in financial loss for Relancer. Disregarding this will be grounds for termination without additional notification.
8.2 The Client agrees with the Non-circumvention Agreement to receive Recruitment Services from the Recruiters who are introduced by Relancer only through Relancer for 24 months from the date of introduction by Relancer, unless the Client pays an Opt-Out-Fee.The date of introduction by Relancer is when the Recruiter’s profile becomes visible to the Client.
Opt-Out-Fee is:
- €5000 per each Recruiter if the Client wants to hire them as an independent contractor separate from the Relancer marketplace;
- or 25% of the anticipated annualized salary or wages if the Client offers the Recruiter direct employment.
9. DEFINITIONS
Some definitions of capitalized terms that appear in the Terms of Service for Clients.
“Recruiter” means an independent contractor or an agency providing Recruitment Services. A Recruiter is a customer of Relancer with respect to use our services.
“Client” means a company seeking to hire Recruiters to obtain Recruitment Services.
“Account Manager” means a representative of Relancer assisting Clients to hire Recruiters for their Projects.
“Recruitment Services” means any services provided by Recruiters for example sourcing leads, interviewing candidates, training and coaching Clients.
“The date of introduction by Relancer” is when the Recruiter’s profile becomes visible to the Client.
“Project” means an engagement for Recruitment Services that a Recruiter provides to a Client under a Recruitment Contract.
“Recruitment Contract” means the contractual provisions between a Client and a Recruiter governing the Recruitment Services to be performed by a Recruiter for Client for a Project.
“Recruiter Search” means Relancer’s service where the Client can search for Recruiters using filters and contact Recruiters directly on the Relancer platform.
