The Great Hiring Partner Program
Dear New Partner,
The Contractor Consultants LLC ("We" or "Us") are excited to partner with you and provide our comprehensive annual hiring solution designed to support your growth through strategic recruitment and retention. Below are the key terms of our engagement.
Scope of Services & Definitions
We simplify hiring in construction by matching you with the perfect fit, from tradespeople to executives, streamlining your process. Here is what we deliver as part of the Great Hiring Partner Program:
The Annual Hiring Engine (Core Deliverables)
- Develop and manage a Branded Hiring Suite, with custom-tailored job descriptions and employer branding assets to attract top talent.
- Provide full-service Done-For-You Hiring for each active search, managing the recruitment process from sourcing to screening.
- At your request, conduct up to two (2) Background Screenings (criminal background screening at county, state, and national scope where available) per Hiring Funnel.
- At your request, conduct a maximum of two (2) Reference Verifications per offer confirmation.
- At your request, administer up to two (2) Personality Tests per Hiring Funnel to assess candidate cultural and behavioral fit.
If you elect not to utilize any of these services, they will not be performed.
Organizational Chart (Semi-Annual)
Up to twice per annual term, we will provide:
- A Current & Future Organization Map Build-Out to visualize and plan your structural growth.
- A Labor Cost Checkpoint for up to five (5) positions to ensure your compensation packages remain competitive within the current market.
Retention & Review (Quarterly)
Up to four (4) times per annual term, we will conduct:
- An Employee Engagement Survey to gauge team sentiment.
- A Hiring Review Sync (during periods where no Hiring Funnels are active) to optimize long-term strategy.
Market Intelligence (Monthly)
- When published, you will receive monthly access to "The Friday Pour" newsletter, delivering ongoing industry insights and market trends.
- During periods where Hiring Funnels are active, the parties agree to conduct the Hiring Review Sync on a monthly basis to ensure real-time campaign alignment.
Hiring Funnel Operational Guidelines
Definition of "Hiring Funnel"
A single Hiring Funnel is defined as one (1) singular job title within one (1) singular physical location.
- Location Radius: A standard location is defined by a specific Zip Code with a primary target radius of 50 miles (aligned with industry standard job board structures). Any requirement beyond this 50-mile radius constitutes a separate location and requires a separate Hiring Funnel credit.
- Multiple Locations: If you require the same Job Title in two different locations (outside the defined radius), this counts as two (2) separate Hiring Funnels.
Hiring Funnel Duration
Each Hiring Funnel is active for a total period of eight (8) weeks of active campaigning and recruitment.
Post-Funnel Candidate Warming
Following completion of a Hiring Funnel, we will provide post-funnel candidate warming for a period of one (1) month. During this period, we will send two (2) outbound communications to candidates remaining in the pipeline or designated as backups, to maintain candidate engagement in the event of a replacement need or additional hire. This post-funnel support does not constitute an extension of the Hiring Funnel, a guarantee of candidate availability, or an additional search.
The "No Changes" Policy
Once a Hiring Funnel is activated and the campaign is live, the specific role and location cannot be changed. If you wish to change the Role Title or the Location after launch, the existing Funnel must be closed, and a new Hiring Funnel credit must be utilized.
Commission-Only Roles (Disclaimer)
You acknowledge that "Commission-Only" positions (zero base salary) present unique challenges in the current labor market. While we will execute these searches, you accept that these roles typically result in lower application volume, lower candidate quality, and worsened performance metrics compared to roles offering a base salary. We cannot guarantee standard performance results for Commission-Only Hiring Funnels.
Funnel Closure
A Hiring Funnel is deemed closed, and the corresponding Hiring Funnel credit is consumed, upon the earliest of:
- Expiration of the eight (8) week Hiring Funnel period;
- Your material failure to comply with Client Responsibilities after written notice from us;
- Your election to close the Hiring Funnel following a successful hire; or
- Mutual agreement of the parties to close the Hiring Funnel.
Client Responsibilities
To ensure we can work efficiently and effectively together, we ask the following from you:
- Feedback: Provide substantive candidate feedback within three (3) business days of receipt. "Substantive" means feedback sufficient to allow us to adjust and improve the search, beyond a simple acceptance or rejection without explanation.
- Exclusivity: You acknowledge that maintaining competing job postings during an active Hiring Funnel may result in candidate confusion, increased advertising costs, and reduced search performance. You are encouraged to disable overlapping postings during active funnels.
- Disclosure: Disclose any external relationships with other recruiters or services that directly overlap with the services provided to ensure fair distribution of job ads and prevent process overlaps.
- Communication: Maintain open lines of communication and make reasonable efforts to attend and participate in ongoing, recurring touchpoints and business review meetings.
- Process Compliance: Follow our recommended hiring process, interview scheduling guidelines, and decision timelines. You acknowledge that deviations from the recommended process may adversely impact search outcomes.
- Legal Compliance: You shall not direct us to violate applicable federal, state, or local law, including applicable anti-discrimination, pay transparency, and data privacy requirements.
Consequences of Non-Compliance
If you fail to provide substantive feedback within three (3) business days, miss three (3) or more consecutive scheduled meetings, fail to disable competing job postings, fail to disclose overlapping recruiter relationships, or fail to follow our recommended hiring process, we shall provide written notice of non-compliance. If you fail to cure within five (5) business days of such notice, we may, at our option, deem the affected Hiring Funnel closed.
What You Pay, When You Pay, and What You Get
Annual Term
This Agreement represents a twelve (12) month commitment, effective from the Effective Date.
Selected Package
Your selected package includes a total number of Hiring Funnels to be used during the Annual Term, at the agreed annual price. The Annual Fee constitutes a fixed obligation, fully earned upon execution of this Agreement. Any installment payment schedule is an accommodation to you and does not reduce, defer, or condition the underlying obligation.
You may upgrade to a higher-tier package at any time during the Term. Upon upgrade, you shall pay the difference between amounts already paid toward the Annual Price and what would have been owed under the new package for the same period, due at the time of election. All subsequent installments shall be calculated based on the new package price. Additional Hiring Funnels are available only upon receipt of the catch-up payment.
Additional Hiring Funnels & Add-On Pricing
- Availability: You may purchase additional Hiring Funnels beyond the number included in your package at any point during the Annual Term by submitting a written request to us. Each request is subject to our acceptance and available capacity. Once accepted, each additional Hiring Funnel is governed by the same terms applicable to Hiring Funnels included in your package.
- Pricing: Pricing for additional Hiring Funnels is determined by your package tier at the time of purchase and is set forth in the Add-On Pricing Schedule below. We will confirm the applicable price in writing prior to invoicing. We may update the Add-On Pricing Schedule at any time, provided that no update applies to funnels already invoiced or in delivery.
- Invoicing: Each additional Hiring Funnel is invoiced separately from the Annual Price and is payable in full upon receipt of invoice. No additional Hiring Funnel will be activated until payment is received. Additional Hiring Funnel purchases do not reset, extend, or modify the Annual Term, any Renewal Term, or the renewal date.
Add-On Pricing Schedule
- Starter Package (5 included funnels): $5,000 per additional Hiring Funnel
- Growth Package (10 included funnels): $4,000 per additional Hiring Funnel
- Scale Package (20 included funnels): $3,200 per additional Hiring Funnel
Rollover Policy
To ensure no investment is wasted, any Hiring Funnel credits unused during the Annual Term will roll over for a period of six (6) months following the expiration of the annual contract, provided the Agreement has renewed. If the Agreement is not renewed or is terminated for any reason, all unused Hiring Funnel credits shall expire as of the effective date of expiration or termination.
Payment Terms
You may select one of two payment options:
Option A: Quarterly Billing
- The full Annual Fee is due and owing upon execution. As an accommodation, we agree to accept payment in four (4) equal quarterly installments, subject to your continued compliance with this Agreement.
- The first payment is due upon execution. Subsequent payments will be automatically invoiced every three (3) months thereafter for the duration of the 12-month term.
- Funnel activation corresponds to your payment progress: 25% of total contracted Funnels after the first quarterly payment, 50% after the second, 75% after the third, and 100% after the fourth. Fractional Funnels round up to the nearest whole Funnel.
- To unlock additional capacity beyond the quarterly limit, you must pay the remaining balance of the Annual Agreement in full.
Option B: Annual Upfront (Pre-Paid)
- You agree to pay the full Annual Price upon execution.
- You receive immediate, unrestricted access to the total Hiring Funnel count, with no limits on concurrent usage up to your package limit.
- This option covers the entire 12-month term with no recurring billing.
Late Fees
Invoices past due by more than 15 days will incur a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower, on the outstanding balance. We reserve the right to pause services until the account is current.
Payment Acceleration
Following expiration of the Great Partner Guarantee period, in the event you fail to make any payment when due and do not cure such failure within thirty (30) days of written notice from us, the full remaining unpaid balance of the Annual Fee shall accelerate and become immediately due and payable. You remain liable for the entire annual commitment so long as we have not exercised our termination right.
Billing Disputes
You shall notify us in writing of any invoice dispute within thirty (30) days of the invoice date, specifying the disputed amount and the basis for the dispute. You shall continue to pay all undisputed amounts when due. The parties shall attempt in good faith to resolve any dispute within fifteen (15) days of notice. Failure to provide timely written notice of a dispute constitutes acceptance of the invoice.
Collection Costs
If any amount due remains unpaid for more than sixty (60) days after the date due, we may, in addition to any other remedies: (a) refer the account to a collection agency or attorney for collection; (b) report the delinquent account to credit reporting agencies; and (c) recover all reasonable costs of collection, including collection agency fees and attorneys' fees. The mediation requirement described below does not apply to collection actions for undisputed amounts past due.
Automatic Renewal Disclosure
This Agreement shall automatically renew for successive twelve (12) month periods (each a "Renewal Term") unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
At least seventy-six (76) days prior to the start of any Renewal Term, we shall provide you with written notice stating the renewal date, the applicable pricing for the Renewal Term, and the deadline and method for opting out. If we adjust pricing for a Renewal Term, you may decline the renewal by providing written notice of non-renewal prior to commencement of that Renewal Term. Non-renewal notices may be sent by email.
By accepting this Agreement, you expressly consent to automatic renewal under this Section.
The Great Partner Guarantee (90-Day Walk Away)
For your peace of mind, we offer a risk-free guarantee at the 90-day mark of this Agreement.
- Guarantee Start Date: The ninety (90)-day period (the "Guarantee Period") commences on the earlier of (i) the date of the successful onboarding call between the parties, or (ii) the date that is fourteen (14) days following our receipt of your first payment (the "Guarantee Start Date"). For the avoidance of doubt, the Guarantee Start Date does not affect the commencement of the Annual Term.
- Alternate Start Date: We may, in our sole discretion, agree to a different Guarantee Start Date. We will generally consider such a request where: (a) you submit a written request prior to expiration of the fourteen (14) day period described above; (b) the request specifies a defined alternate Guarantee Start Date that is not later than sixty (60) days after the Effective Date; and (c) the request is based on a legitimate scheduling constraint communicated in advance. Any alternate Guarantee Start Date must be confirmed in writing by our authorized representative; absent such written confirmation, the Guarantee Start Date is determined as described above.
- The Right to Cancel: If you feel we have not delivered on our promise by the ninetieth (90th) day following the Guarantee Start Date, you may terminate this Agreement with no penalties and no remaining financial obligation.
- Notice Requirement: To exercise this right, you must provide written notice of intent to cancel on or before the ninetieth (90th) day following the Guarantee Start Date. Notice provided after that date shall not be effective to invoke this guarantee.
- Asset Retention: Upon cancellation under this clause, you retain full ownership of the Client Deliverables as described under Intellectual Property below.
- Refund of Prepaid Fees: Upon valid cancellation under this guarantee, and notwithstanding the Rollover Policy, we shall refund you an amount equal to the number of your unused Hiring Funnels multiplied by the Per-Funnel Package Value. "Per-Funnel Package Value" means the Annual Price divided by the total number of Hiring Funnels included in your package as of the Effective Date. For these purposes, a Hiring Funnel is "used" only if it was activated and resulted in at least one (1) candidate presented to you; all other Hiring Funnels are treated as unused. The refund will be issued within thirty (30) days of the effective date of cancellation. The refund shall not exceed the total fees actually paid by you as of the effective date of cancellation, and upon valid cancellation you shall have no obligation to pay any installment otherwise coming due for periods after the effective date of cancellation.
Termination
Termination by Client (Fixed Term Commitment)
You acknowledge that this Agreement constitutes a binding commitment for the full Annual Term. Accordingly, you may not terminate this Agreement prior to the expiration of the Annual Term, except by strictly exercising the cancellation rights expressly granted under the Great Partner Guarantee. Any attempt to terminate outside of those conditions shall be considered a breach of contract, and you shall remain liable for the full balance of the Annual Fees, with payment acceleration provisions applying.
Termination by Company (Termination for Convenience)
We reserve the right to terminate this Agreement at any time, for any reason, upon providing written notice to you.
- Refund Policy: If we exercise this right after the expiration of the Guarantee Period, and notwithstanding the Rollover Policy, we shall refund you an amount equal to (a) the number of your unused Hiring Funnels multiplied by the Per-Funnel Add-On Rate, plus (b) the Recurring Services Value multiplied by a fraction, the numerator of which is the number of days remaining in the then-current Term as of the effective date of termination and the denominator of which is three hundred sixty-five (365). "Per-Funnel Add-On Rate" means the per-additional-funnel price for your package under the Add-On Pricing Schedule as in effect on the Effective Date. "Recurring Services Value" means the Annual Price minus the product of the total number of included Hiring Funnels and the Per-Funnel Add-On Rate. "Unused Hiring Funnel" has the meaning given under the Great Partner Guarantee. The refund shall not exceed the total fees actually paid by you as of the effective date of termination.
- No Refund for Cause: If we terminate due to your material breach (including non-payment or violation of Non-Solicitation provisions), no refund shall be issued.
Effect of Termination
Upon termination for any reason, you shall retain ownership of deliverables completed and paid for up to the date of termination, as described under Intellectual Property below. All outstanding invoices for services rendered prior to the termination date shall become immediately due and payable.
Material Breach
"Material Breach" means, without limitation: (a) failure to pay any amount when due; (b) failure to comply with exclusivity requirements; (c) three (3) or more instances of failure to meet feedback or communication obligations; (d) violation of confidentiality or non-solicitation provisions; or (e) any breach that we reasonably determine causes or threatens significant harm to our business, reputation, or ability to perform Services.
Mutual Non-Disparagement
You agree not to disparage us, The Contractor Consultants, and or our officers, directors, employees, shareholders and agents, in any manner likely to be harmful to them or their business, business reputations or personal reputations. Likewise, we agree to direct our officers and directors not to disparage you in any manner likely to be harmful to you or your personal or business reputations or relationships. Disparage, as used herein, includes without limitation false or misleading statements.
Notwithstanding the foregoing, nothing in these terms & conditions or any other agreement between the parties prohibits you or us from responding accurately and fully to any request for information or disclosure of documents if required by law, court order, subpoena or other legal process, in any criminal, civil, or regulatory proceeding or investigation, or in any legal dispute between the parties. In addition, nothing in these terms & conditions or this Agreement is intended to prohibit or restrain the parties in any manner from making disclosures that are protected under the whistleblower provisions of federal or state law or regulation.
Confidentiality
Definition
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") in connection with this Agreement, including business plans, pricing, methodologies, candidate pipelines, employee data, organizational structures, compensation information, and financial information.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the Disclosing Party's Confidential Information.
Obligations
The Receiving Party shall: (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information solely for purposes of this Agreement; and (c) limit disclosure to employees and contractors with a need to know who are bound by confidentiality obligations at least as protective as those herein.
Company Materials
You acknowledge that our recruiting methodologies, assessment frameworks, screening processes, candidate sourcing strategies, pricing structures, and proprietary tools (collectively, "Company Materials") constitute trade secrets of the Company. You shall not reverse engineer, copy, or disclose Company Materials to any third party, including other recruiting firms or internal recruiting personnel, without our prior written consent.
Duration
Confidentiality obligations shall survive termination of this Agreement for three (3) years, provided that obligations with respect to trade secrets shall continue for so long as such information remains a trade secret under applicable law.
Non-Solicitation of Employees
Covenant
During the Term and for a period of twelve (12) months following expiration or termination of this Agreement, you shall not directly or indirectly solicit for employment, hire, or engage as an independent contractor any employee of ours who was involved in providing Services to you under this Agreement, without our prior written consent.
Scope of Solicitation
For purposes of this Section, "solicit" means targeted recruitment efforts directed at a specific Company employee and does not include general employment advertisements or job postings not specifically directed at Company personnel.
Placement Fee
In the event you hire or engage any such employee during the restricted period, whether through solicitation by you or voluntary application by the employee, you shall pay us a placement fee equal to twenty-five percent (25%) of the employee's annualized base compensation at the time of departure from the Company. This fee reflects our investment in recruiting, training, and developing our personnel and constitutes a standard commercial recruitment fee, not a penalty. The placement fee shall be due within thirty (30) days of the employee's start date with you.
Injunctive Relief
We shall be entitled to seek injunctive or other equitable relief to enforce this provision without the necessity of posting bond or proving actual damages, in addition to any other remedies available at law or in equity.
Survival
This non-solicitation provision shall survive the expiration or termination of this Agreement for any reason.
Intellectual Property
Client Deliverables
Subject to full payment of all fees due, you shall own all right, title, and interest that we own and have the right to transfer in the deliverables expressly created for you, including the Branded Hiring Suite, custom job descriptions, and Org Maps, exclusive of the career page (collectively, "Client Deliverables"). Until all fees are paid in full, we retain a security interest in the Client Deliverables.
Company IP
We retain all right, title, and interest in: (a) the Company Materials; (b) all pre-existing intellectual property; and (c) all general know-how, methodologies, processes, and techniques developed or refined in the course of providing Services, even if informed by work performed for you.
License
We grant you a non-exclusive, non-transferable, royalty-free license to use the Company Materials solely as incorporated into the Client Deliverables and solely for your internal hiring purposes during the Term.
Feedback
Any suggestions, recommendations, or feedback you provide regarding the Services or our operations shall be the sole property of the Company. You hereby assign to us all right, title, and interest in any Feedback, and we may use such Feedback without restriction or compensation to you.
Performance Data
We may collect and retain data regarding your use of the Services, including hiring metrics, time-to-fill statistics, and candidate flow data. We own all Performance Data and may use it in anonymized and aggregated form for benchmarking, service improvement, and marketing purposes.
Marketing Rights
We may identify you as a customer and use your name and logo in client lists and marketing materials. For testimonials, case studies, or marketing materials that include specific statements attributed to you, we shall obtain your prior written approval, which shall not be unreasonably withheld. Once approved, such materials may be used in perpetuity.
Data Protection & Compliance
Background Screening
You acknowledge you are the "end user" of all consumer reports obtained on your behalf under the Fair Credit Reporting Act ("FCRA"). You are solely responsible for:
- Providing required disclosures and obtaining required authorizations from candidates.
- Complying with all adverse action notice requirements.
- Using background check information solely for lawful employment purposes.
We warrant that our background screening procedures comply with all applicable FCRA requirements, including the use of standalone written disclosure forms and proper candidate consent procedures.
Candidate Data
You represent that you have all necessary rights and consents to permit us to process candidate data for recruitment purposes.
Data Security
We shall maintain commercially reasonable safeguards to protect data in our possession. In the event of a data breach affecting your data, we shall notify you within seventy-two (72) hours of discovery.
Data Retention
Following termination, we may retain candidate data and recruitment records for up to three (3) years for compliance and legitimate business purposes.
Service Standards
Standard of Care
We shall perform the Services in a professional manner consistent with industry standards. We do not guarantee any specific outcome, including the number of qualified candidates, time to fill, candidate acceptance, or post-hire performance.
Client Cooperation
You acknowledge that successful outcomes depend substantially on your active participation. We shall not be liable for delays or failed searches attributable to your failure to meet your responsibilities.
Remedies
In the event of our material failure to perform, your sole remedy shall be, at our option: (i) re-performance of the deficient Services; or (ii) a credit toward future Services equal to the pro-rata value of the affected Hiring Funnel. This sole-remedy limitation governs claims for our failure to perform and does not limit your separate termination and refund rights under the Great Partner Guarantee, which arise from termination of this Agreement rather than as a remedy for breach.
Insurance
You shall maintain throughout the Term commercial general liability insurance with limits of at least $1,000,000 per occurrence, naming us as an additional insured. You shall provide a certificate of insurance evidencing such coverage and additional insured status within ten (10) days of the Effective Date and upon each policy renewal.
To the extent you maintain employment practices liability insurance during the Term, you shall use commercially reasonable efforts to name us as an additional insured under such policy and provide a certificate evidencing such status. You are not required to obtain employment practices liability insurance if such coverage is not otherwise in place.
You shall provide us at least thirty (30) days' prior written notice of any cancellation or material change to any policy under which we are named as an additional insured.
Terms our lawyer insisted we include
The Contractor Consultants is here to help you find candidates but is not responsible for the actions, performance, or suitability of any candidate presented or any individual hired by you.
In no event will we be liable under this agreement for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of this agreement, regardless of (1) whether such damages were foreseeable, (2) whether we were advised of the possibility of such damages or (3) the legal or equitable theory upon which the claim is based. Our total liability for any and all claims and damages arising out of or related to this Agreement shall not exceed the total fees actually paid by you to us in the ninety (90) days immediately preceding the date the claim arose.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the Services; (b) the actions, performance, or suitability of any candidates presented by us or hired by you; (c) your employment decisions and practices; or (d) your breach of this Agreement. This indemnification obligation shall not apply to claims arising solely from our gross negligence or willful misconduct.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Before initiating any legal proceeding, the initiating party shall first submit the dispute to mediation administered by JAMS or another mediator agreed upon by the parties, in Los Angeles County, California, with costs split equally between the parties. Good faith participation in mediation requires each party to submit a mediation brief and attend the mediation with a representative who has authority to settle the dispute for the full amount demanded by the other party. If a party initiates a legal proceeding without first participating in mediation in good faith, that party shall not be entitled to recover attorneys' fees, costs, or expenses, regardless of outcome. Any dispute not resolved through mediation shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and each party hereby consents to the personal jurisdiction of such courts. The prevailing party in any legal proceeding shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
We are an independent contractor. Nothing herein creates a partnership, joint venture, agency, or employment relationship. Our personnel are not your employees. All candidates recruited under this Agreement are presented for engagement as your W-2 employees unless you specify otherwise in writing prior to activation of the applicable Hiring Funnel. You are solely responsible for all classification decisions regarding recruited candidates and shall comply with all applicable federal, state, and local laws governing worker classification.
We shall not be liable for delays or failures to perform resulting from circumstances beyond our reasonable control, including acts of God, pandemics, government actions, labor disputes, internet failures, cyberattacks, or disruptions to third-party platforms. If a force majeure event continues for more than sixty (60) days, either party may terminate upon written notice, and you shall pay for Services rendered through termination.
All notices required or permitted under this Agreement shall be in writing and delivered by email, or to such other email address as a party may designate by written notice. Notices shall be deemed delivered upon confirmed transmission if sent before 5:00 p.m. local time of the recipient on a business day, otherwise on the next business day.
You may not assign this Agreement without our prior written consent. We may freely assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of substantially all our assets. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.
You represent and warrant that: (a) you are duly organized, validly existing, and in good standing under the laws of your jurisdiction of formation; (b) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (c) the execution and performance of this Agreement do not violate any law, regulation, or agreement to which you are bound; (d) the individual accepting this Agreement on your behalf is authorized to do so; and (e) all information provided to us in connection with the Services is accurate and complete in all material respects. You shall promptly notify us of any material change affecting these representations.
The provisions of this Agreement relating to payment obligations, refund obligations, limitation of liability, indemnification, non-solicitation, non-disparagement, confidentiality, intellectual property, data protection, notices, assignment, and governing law shall survive expiration or termination of this Agreement, together with any accrued payment obligations. No failure or delay in exercising any right operates as a waiver, and no waiver is effective unless in writing signed by the waiving party.
This document constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings, whether written or oral, and may not be modified or amended except through a written agreement signed by both parties. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the parties shall negotiate in good faith to replace any invalid provision with a valid provision approximating its intent.
By accepting this engagement letter, you agree to the terms and we look forward to a successful hiring process with The Contractor Consultants.
Key Definitions
"Hiring Funnel": A single open role (one job title) advertised in one geographical area (one Zip Code with a 50-mile radius). The same role in two non-overlapping locations counts as two Hiring Funnels.
"Annual Term": The twelve (12) month commitment period, effective from the Effective Date, during which the Services are provided.
"Renewal Term": Any successive twelve (12) month period for which this Agreement automatically renews following the initial Annual Term.
"Term": The Annual Term together with any Renewal Terms.
"Guarantee Period" / "Guarantee Start Date": The ninety (90)-day guarantee period under the Great Partner Guarantee, commencing on the earlier of (i) the date of the successful onboarding call between the parties, or (ii) the date that is fourteen (14) days following our receipt of your first payment, unless an alternate start date is confirmed in writing.
"Per-Funnel Package Value": The Annual Price divided by the total number of Hiring Funnels included in your package as of the Effective Date.
"Per-Funnel Add-On Rate": The per-additional-funnel price for your package under the Add-On Pricing Schedule as in effect on the Effective Date.
"Recurring Services Value": The Annual Price minus the product of the total number of included Hiring Funnels and the Per-Funnel Add-On Rate.
"Company Materials": Our recruiting methodologies, assessment frameworks, screening processes, candidate sourcing strategies, pricing structures, and proprietary tools, all of which constitute trade secrets of the Company.
"Material Breach": Without limitation: (a) failure to pay any amount when due; (b) failure to comply with exclusivity requirements; (c) three (3) or more instances of failure to meet feedback or communication obligations; (d) violation of confidentiality or non-solicitation provisions; or (e) any breach that we reasonably determine causes or threatens significant harm to our business, reputation, or ability to perform Services.