Terms and Conditions - OPEX Recruiting

Effective Date: May 5, 2024

Welcome to our Site. These Terms and Conditions describe the terms and conditions on which you are allowed to use our Website and our Services. If you continue to browse and use this Website, you agree to comply with the following terms and conditions, which together with our privacy policy form OPEX Recruiting’s relationship with you in relation to the use of this website.

THESE TERMS DO NOT CREATE ANY AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYMENT OR FRANCHISEE RELATIONSHIP BETWEEN YOU AND US. OUR PURPOSE IS TO PROVIDE EMPLOYERS WITH A WEBSITE WHEREBY THEY CAN FIND AND/OR CONNECT WITH RECRUITERS. EMPLOYERS AND RECRUITERS ARE SOLELY RESPONSIBLE FOR ANY ISSUES ARISING FROM THE USE OF THE WEBSITE AND SERVICES.

YOUR RESPONSIBILITIES

When using our Website, you must comply with any requirements as directed by OPEX Recruiting. You acknowledge and understand, and you specifically agree and confirm that:

(a) You will use and access the Website in accordance with the Terms and Conditions contained herein. Any problem concerning a technical issue regarding your internet service provider is not OPEX Recruiting’s responsibility.

(b) You are solely responsible in assessing the suitability for your needs and verifying the accuracy of any statement made on the Website, any job posted, or any User’s stated credentials, expertise, references, descriptions, licensee and qualifications.

(c) You will not create an Account on behalf of a company or any other business entity without prior written approval of the said company or other business entity.

(d) You will not publish any abusive comments about another user on the Website or any other place including defamatory or derogatory comments or any comments and/or statements that may be considered obscene, harassing, derogatory, defamatory, or discriminatory.

You hereby guarantee us that you will access the Website for lawful purposes, and you are thus solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to the use of the Services.

We allow access to our Website on a temporary basis and we reserve the right to withdraw, restrict or change our Website at any time and without notice. We will not be liable if for any reason the Website is unavailable at any time or if the content is changed or out of date.

By accessing and/or using the Website and the Services, you agree:

(a) to be responsible for any use of the Website and the Services using your Account;

(b) not to violate any laws in connection with you using the Website and the Service, including any local, national and international laws that may apply to you. Unauthorized use of this Website may result in us claiming for damages or you be criminally liable.

(c) not to “crawl,” “scrape,” or “spider” any aspect of the Website and the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website and the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offense and your right to access the Website will cease immediately and we will report your actions to the relevant authorities.

(d) not to interfere with or try to disrupt the Website, for example by distributing a virus or other harmful computer code.

(e) to act in a decent, reasonable, honest and responsible manner when dealing with other Users and candidates; and

(f) that your continued access to the Website and the Service and your Account adheres to these Terms and Conditions.

We may provide you with certain legal information in writing. By using our Website, you agree that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.

We have no obligation to monitor the access to or use of the Website by any user or to review, disable access to, or edit any User Content (as defined below). Without prejudice to the foregoing, we hereby reserve the right to do so for the following reasons:

(a) To operate, secure and improve our Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);

(b) To ensure your compliance with these Terms and Conditions;

(c) To comply with all applicable laws or an order or requirement provided by a court of law, law enforcement or other administrative agency or governmental body; or

(d) To respond to User Content that is deemed harmful or objectionable.

You hereby agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken regarding the use and possible abuse of the Website or a breach of our Terms and Conditions. If you feel that any user you interact with on our Website is acting or has acted inappropriately or in breach of our Terms of Service, you should immediately report such person to us by contacting us immediately; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

RECRUITERS

If you register as a Recruiter, the following terms apply to you:

– It is your sole responsibility to decide whether you will apply to submit Candidates or Proposals to Candidates to an Employer. We make no statements or representations as to the accuracy of the Position Description or any of the Employer information.

– If you submit a proposal for candidates in exchange for certain fees (whether specified by the Employer or You), you are bound to take the work on the specific fee indicated. The fee cannot be renegotiated. Please note that the fees provided under a Proposal may be re-negotiated with an Employer upon mutual consent of both the Recruiter and the Employer.

– If an Employer accepts an application made by you, you may not withdraw your services without the express written consent of both the Employer and us.

– If, for reasons out of your control, a Candidate does not progress with an Employer’s position, You are eligible to submit a matching Candidate, which shall be at the Employer’s discretion whether the Employer should accept the matching candidate.

– You may send the Candidates’ RESUMEs to the Employer before releasing to the candidate who the employer is, provided that you have obtained permission from such Candidates to send their RESUME to Employers. Please read our Privacy Policy with regards to the disclosure and collection of all appropriate information.

– By applying to submit a candidate to an Employer or send a Proposal to an Employer, you represent and warrant that the information that has and will be provided about the Candidate’s experience, expertise and employment history is truthful, accurate and not misleading. You also represent and warrant to provide truthful, accurate and not misleading information about candidates, including candidate summaries and resumes.

– Subject to the Employer’s rights in these Terms and Conditions, where two or more Recruiters working on the same position have submitted the same candidate, the first Recruiter to submit the candidate will receive the Recruitment Fee (minus the Service Fee) if the candidate is employed by the Employer. We make no representations, warranties or guarantees that this will not occur and to the extent permitted by the law, we hereby disclaim any liability for any loss incurred as a result of double representation. We and the Employer is not under any obligation to notify you if double representation has occurred.

– You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable on you.

EMPLOYERS

If you register as an Employer, the following terms apply to you:

– When you post a Position Description and Recruiters have applied, you may select one or multiple Recruiters who will provide candidates for the position you posted. If you accept a Recruiter to work on finding you candidates for a position, you accept the Recruitment Fee to be charged by that Recruiter.

– During the application process, you may choose which Recruiter, if any, you wish to accept. For the avoidance of doubt, you are not obligated to accept any applications to work on a position from a Recruiter. You are not bound by us to select a certain Recruiter. A Recruiter’s ability to submit candidates and otherwise engage with you may be terminated at any time for any reason, upon provision of notice to you. However, this does not derogate you from your obligation to pay the Recruitment Fee on employing a Recruiter’s candidate.

– Proposals submitted by a Recruiter to you through the application process are not binding until you accept a Recruiter application. Such application is only binding to the extent that you pay the Recruitment Fee when you employ a candidate submitted by a Recruiter. You must pay the Recruitment Fee for each candidate employed.

– By accepting a Recruiter to work on a position, you agree that you will accept any Candidates submitted by that Recruiter and that you will remain associated with that Candidate for six-months from the date that the Candidate’s RESUME is uploaded to the Website or presented to you via the Website. If a Recruiter’s Candidate is employed by you within the six-month period, you are liable to pay the fee agreed with the Recruiter. Both you and the Recruiter must inform OPEX Recruiting of the establishment of the work, or you may reject the bid.

– If a candidate submitted by a Recruiter has been in contact with you, or applied directly to you for employment in relation for the position posted in OPEX Recruiting or a different employment opportunity 6 months before the day the job was posted on OPEX Recruiting, you are required to contact OPEX Recruiting within 5 working days to inform us of the situation, and provide evidence of such contact with the Candidate.

– OPEX Recruiting does not provide the employment agreement or any other sort of agreement that the Employer should have in place to for the candidate’s recruitment. The Employer hereby agrees that he shall seek independent legal advice for the acquiring and have in place such agreements for the successful recruitment of a candidate. Under no circumstances the Employer should regard these Terms and Conditions or any part of these Terms and Conditions as an agreement or part of an agreement with a candidate for either a Permanent Hire, Fixed-Term Hire or Contract Hire.

Contracts Between Users

When the Employer accepts a Proposal by a Recruiter, the Employer and Recruiter will be deemed to have entered into a contract between themselves under which the Employer agrees to pay the fee agreed with the Recruiter. You agree not to enter into any contractual provisions which is in conflict, or which may be in conflict, with the User Contract.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Employer or Recruiter, or in any other way that you make of use of the Website.

Though we will do our best to assist you in a potential dispute, whether you are a Recruiter or an Employer, we will not hold responsibility for any issue arising between users. You are solely responsible to take action or enforce any of your rights If another User breaches any obligation to you.

Employers and Recruiters may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this Agreement is intended to override a right that by applicable law may not be excluded.

Each User acknowledges and agrees that their relationship is that of an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between Users.

Users hereby agree to the following:

(a) An Employer is not obligated to employ any candidate submitted by a Recruiter and may reject any or all candidates submitted by any or all Recruiters.

(b) An Employer must not reject/ignore a candidate introduction and then subsequently hire that candidate to fill the same or a similar Position Description using a different service, website or company. If an Employer subsequently hires a candidate introduced to them via OPEX Recruiting within six-months of the candidate introduction, the Employer will be liable to pay the Recruitment Fee plus any other costs incurred by us in recovering the Recruitment Fee.

Unless you have highlighted that a candidate introduced by a Recruiter has been in contact with you or applied directly to you for employment in relation for the position posted in OPEX Recruiting or a different employment opportunity 6 months before the day the job was posted on OPEX Recruiting.

You are required to contact OPEX Recruiting within 5 working days of the candidate introduction to inform us of the situation and provide evidence of such contact with the Candidate.

(c) If an Employer has posted a position on the Website, Recruiters must not seek to, or actually, provide services relating to that Position Description to the Employer outside of the Service or otherwise attempt to circumvent the Service.

User Contract

Unless otherwise expressly agreed to in writing by both Users this default User Contract and its terms and conditions shall be agreed with the Users when the Recruiter agrees to provide to the Employer the Recruiter’s Services using OPEX Recruiting. Users agree that the terms concerning the User Contract described on OPEX Recruiting, including all Recruitment Fee, rates, hours, and milestones, form part of this User Contract. Users agree to obtain the consent of the other before making changes to the User Contract by adding additional or different milestones or making other changes to the Services to be provided or make another Agreement for the provision of the Recruiter Services. If consent of the other party is not first obtained, the other party may reject such changes by terminating the User Contract or accept such changes by continuing to work on the terms and conditions of the User Contract.

The Recruiter shall use reasonable activities to introduce one or more suitable Candidates to meet the requirements of the Employer for any Position Description that the Employer posts of OPEX Recruiting. The Recruiter cannot guarantee to find a suitable Candidate for each Position Description. Without prejudice to the foregoing, the Recruiter shall use reasonable activities to ascertain that the information provided to the Employer in respect of the Candidate is to the Recruiter’s best knowledge, true and accurate.

The Recruiter shall not be responsible nor liable in respect of matters outside its knowledge and the Employer must satisfy itself as to the suitability of the Candidate.

The Employer shall satisfy itself as to the suitability of the Candidate. The Employer is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.

To enable the Recruiter to comply with its obligations contained herein, the Employer undertakes to provide to the Recruiter via the Position Description details of the position which the Employer seeks to fill, including the type of work that the Candidate would be required to do; the location and hours of work; the experience, training, qualifications and any authorization which the Employer considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position; and any risks to health or safety known to the Employer and what steps the Employer has taken to prevent or control such risks. The Employer shall further inform the Recruiter of any information it has that suggests it would be detrimental to the interests of either the Employer or the Candidate for the Candidate to work in the position which the Employer seeks to fill.

The Employer agrees to pay all Recruitment Fees as stated in OPEX Recruiting’s Terms and Conditions.

With respect to disputes arising between Employers and Recruiters the Parties agree to first resolve the dispute in good faith with one of OPEX Recruiting’s Representatives.

Either Employer or Recruiter has the right to terminate the User Contract after providing any required notice, or immediately on the end date specified in the User Contract terms and/or upon completion of the Recruiter Services for a particular Position Description in the event of a material breach of each party’s obligations, or with the consent of the other party. Except as required by law, Employer remains obligated to pay the Recruiter Fees for any Recruiter Services provided prior to termination of the User Contract.

Employer is responsible and assumes all liability for determining whether the Recruiter is an independent contractor or employees and engaging them; accordingly, OPEX Recruiting disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or agency relationship between Users. Recruiter does not have authority to enter into written or oral (whether implied or express) contracts on behalf of OPEX Recruiting. For User Contracts classified as independent contractor relationships, Employer may not require an exclusive relationship. A Recruiter classified as an independent contractor is free at all times to provide Recruiter Services to persons or businesses other than Employer, including any competitor of Employer.

Recruitment Fees

Each Recruiter’s Proposal to submit candidates to an Employer shall contain a quote for a Recruitment fee for Permanent Hire and a Recruitment Fee for Contract Hire. The recruitment fee for a Permanent Hire will be provided on both and exclusive and non-exclusive basis and it’s up to the Employer to choose whether they would like to engage with that recruiter exclusively or not. -The Recruitment Fee for a Contract Hire shall contain a quote for the Recruitment Fee to be collected on a monthly basis. The quote shall also contain the fee that will be collected if a contract hire is to be converted into an permanent hire within a Contract Hire applied for the first 12 months of candidate’s engagement and a separate Recruitment Fee for a Contract Hire for the engagement of the candidate after the lapse of the foregoing 12-month period. The Employer shall decide accordingly how the Employer may wish to engage a particular candidate submitted by a Recruiter and shall provide the Recruitment Fee.

For Permanent Hire or a Fixed-Term Hire, OPEX Recruiting will send an invoice on the candidate’s start date of employment for Permanent Hire or a Fixed-Term Hire. The Recruitment Fee for the Permanent Hire or Fixed-Term Hire shall be passed across to the Recruiter when the Employer confirms that the candidate has started working for the Employer and shall deduct the Service Fee which shall be equal to 20% of the Recruitment Fee. The recruitment Fee is calculated as a percentage based on the candidates’ yearly base salary (Not including bonuses and expenses). OPEX Recruiting will rebate the Employer the Service Fee alongside the recruiter’s payment. The Service Fee shall at all times be the equivalent of the 20% of the Recruitment Fee. If part payments are being undertaken, the Service fee shall be deducted in part and in accordance with the percentage of the Recruitment fee that part-payment represents.

For Contract Hire, once a Contract Hire has been confirmed by an Employer, the Employer will sign their Contractor Agreement with the new Contract Hire directly and be invoiced by the Contract Hire directly for their wages. The wages paid to the Contract Hire should not include the recruitment fee which will be invoiced separately. OPEX Recruiting will then invoice the Employer on a monthly basis for the full recruitment fee that the Recruiter is claiming from the Employer with payment terms of 14 days. The Recruiter responsible for successfully placing the contract hire will then invoice OPEX Recruiting for their share of the fee minus the 20% commission. OPEX Recruiting will then release the contract hire recruitment fee to the recruiter 14 days after payment is received from the client.

OPEX Recruiting will continue to invoice for the fee, until there has been written evidence from the Employer, Candidate and Recruiter that the agreement is terminated. OPEX Recruiting must be provide with 14 days notice regarding the termination of a contract hire. Upon termination of the contract, the Contractor, Employer and Candidate are required to provide us evidence in writing of such termination. If an Employer wishes to make a Contract Hire to Permanent Hire, the Recruiter shall disclose the Recruitment Fee to be claimed from the Employer for making the Contract a Permanent Hire (the ‘Placement Fee’). Upon acceptance of the position, the Employer shall provide payment for the Placement Fee and the Recruitment Fee as stated above. OPEX Recruiting will rebate the Employer the Service Fee alongside the recruiter’s payment. Unless any additional fees apply (please see below our Terms regarding Circumvention of our Website), the Service Fee shall at all times be the equivalent of the 20% of the Recruitment Fee. If part payments are being undertaken, the Service fee shall be deducted in part and in accordance with the percentage of the Recruitment fee that part-payment represents.

All invoices for permanent or fixed term hires shall be paid by the Employer within 30 days of receipt. After receiving payment and deducting the Service Fee, the Recruiter can invoice OPEX Recruiting to receive the Recruitment Fee. We will release the Recruitment Fee to the Recruiter within 30 days after the Recruitment Fee has been received.

Late Payment

In the event that the employer fails to make payment on any invoice by the agreed-upon due date, the employer shall be liable to pay a late payment interest charge of 8% per annum plus the current bank interest rate, on the outstanding amount, accruing from the first day following the due date until the date of full payment.

The late payment interest shall be calculated daily on the outstanding balance and compounded monthly. The employer agrees that this late payment interest charge is reasonable and is intended to compensate OPEX Recruiting for the costs and losses incurred as a result of late payment.

The right to charge late payment interest is without prejudice to any other rights or remedies available to OPEX Recruiting under applicable law or the terms of any agreement between the parties.

OPEX Recruiting reserves the right to modify the late payment interest rate upon providing written notice to the employer.

This clause is an integral part of any agreement or contract between the parties and shall be binding upon the employer. The employer acknowledges and agrees to the applicability of this late payment interest clause as an incentive for timely payment.

By signing this agreement digitally or manually, the employer expressly consents to the imposition of late payment interest as outlined herein and undertakes to make prompt payment to avoid incurring such charges.

90 Day Rebate Guarantee

If For Permanent Hire or Fixed-Term Hire, Employers have a 90-day guarantee after a candidate has been recruited and signed an agreement with the Employer that the candidate will remain with the Employer for the said position. Nevertheless, if the candidate’s contract is terminated by either the Candidate or the Employer (except in circumstances where the Candidate is made redundant) before the expiry of the 90-day guarantee from the date the candidate signed an agreement with the Employer, the Recruiter shall provide a rebate as follows:

– in the first month of employment, a rebate of 75% of the Recruitment fee;

– in the second month of employment, a rebate of 50% of the fee; and

– in the third month of employment, a rebate of 25% of the fee.

The 90-day guarantee does not apply to Contract Hire candidates. To claim this rebate, Employers must notify us within five business days of the candidate’s employment ending. Notification must be in writing and must outline, in detail, the reasons why the candidate is no longer employed by the Employer. We will investigate the claim in order to establish whether the guarantee is applicable. This may, among other things, include contacting the candidate. If an Employer fails to notify us within the time period specified herein, the Recruiter will not be under any obligation to refund the fee for the Employer. The guarantee’s period begins from the date that the candidate commences employment with the Employer’s organization and ends 90-days afterwards.

We reserve the right to delay the payment of any rebate if we believe that a claim of unfair dismissal is likely or has been initiated. We may withhold any repayment until a determination is made by a court or tribunal of competent authority.

In making a decision whether we will authorize a rebate, you agree and acknowledge that:

(a) we are not providing legal services;

(b) we will not advise you regarding any legal matters; and

The Recruiter will provide a rebate to an Employer if:

(a) the candidate previously provided misrepresented his or her qualifications, experience or expertise;

(b) the candidate previously provided harassed or otherwise discriminated against another employee of the Employer;

(c) the candidate previously provided committed a criminal offence against the Employer or a person associated with the Employer or another employee of the employer;

(d) the candidate is incapable or unwilling to perform the role, functions or responsibilities as specified in the Position Description; or

(e) the candidate, by his or her own volition, decided to terminate his or her employment (but not as a result of any of the conditions outlined below).

The Recruiter will not provide a rebate to an Employer if:

(a) the Employer fails to provide payment for the Recruitment Fee when is due;

(b) the Employer changed the role, functions or responsibilities from those specified in the Position Description;

(c) the candidate is now employed by or otherwise affiliated with another organization or entity associated with the Employer;

(d) the position no longer exists at the organization;

(e) the Employer made the candidate redundant for reasons not relating to the candidate’s performance;

(f) the candidate was harassed or otherwise suffered discrimination at the Employer’s place of work;

(g) the Employer has breached any law in relation to the employment of the candidate; or

(h) the candidate suffers from or has suffered from a disability or mental impairment, illness or injury, or the candidate has died.

You agree to indemnify and (to the maximum extent permitted by law) hold us and any of our affiliates harmless against any damages or liability you may suffer as a result of the 90-day rebate guarantee.

Notice of Termination of Contract Hire

For Contract Hire, Employers must provide to the Recruiter two weeks prior notice before terminating a candidate on a Contract Hire, unless stated otherwise at the time of submitting a bid. If you are acting as a Recruiter, you acknowledge and agree that you are subject to this Termination. The Employers must notify us within five business days of the candidate’s Contract Hire Termination. Notification must be in writing and must outline, in detail, the reasons why the candidate is no longer engaged by the Employer. We will investigate the claim in order to establish whether the termination is true. This may, among other things, include contacting the candidate. If an Employer fails to notify us within the time period specified herein, the Contract Hire will be deemed to be in effect.

Fees

We may charge a fee for Services that we provide. When you use a Service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. We may choose to temporarily change the fees for our Services for promotional events (for example, discounts on memberships) or new Services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

All fees agreed with Recruiters include all applicable expenses for services and exclude local or state taxes.

Fees and charges differ for Recruiters and Employers. Each User’s fees are outlined below:

1) Recruiter Fees

We reserve the right to charge Recruiters 20% when a candidate submitted by a Recruiter is employed by an Employer (the ‘Service Fee’). The Service Fee will be deducted when the Recruitment Fee will be retained by us prior to the Recruitment Fee being disbursed to the Recruiter.

2) Employer Fees

The Employer shall pay the Recruitment Fee to the Recruiter. The Recruitment Fee shall be collected by us to provide it to the Recruiter following the success of the candidate passing the probation period.

NON-CIRCUMVENTION

You acknowledge and agree that a substantial portion of the compensation we receive is collected through the Service Fee. Therefore, from the time you as a Recruiter OR Employer is engaged for Recruitment services via using OPEX Recruiting, you must use OPEX Recruiting as your exclusive method to request, make, and receive all payments for work directly or indirectly with that Recruiter or Employer or arising out of your relationship with that Recruiter or Employer. In case we find that a Circumvention Event has taken place for any reason, we will immediately delete your account and permanently restrict access to OPEX Recruiting. For the avoidance of any doubt, a Circumvention Event means, without limitation, the following:

– An actual circumvention of our Website;

– An attempt to circumvent our Website;

– Any action that is considered by OPEX Recruiting exclusively as an influence to circumvent our Website;

– Any action of a user that is considered by OPEX Recruiting exclusively that such user is enticing another user to circumvent our Website (whether such user is acting as an Employer or a Recruiter);

– Any arrangement or agreement outside our Website for the provision of the Recruiter’s Services of a Recruiter that was contacted and/or engaged via OPEX Recruiting; which is initiated by a user acting either as an Employer or a Recruiter on our Website; irrespective of whether such arrangement and/or agreement is actually engaged or undertaken or carried on;

– Any attempt to make an arrangement or agreement outside our Website for the provision of the Recruiter’s Services of a Recruiter that was contacted and/or engaged via OPEX Recruiting; which is initiated by a user acting either as an Employer or a Recruiter; irrespective of whether such arrangement and/or agreement is actually engaged or undertaken or carried on;

– Any action that is considered by OPEX Recruiting exclusively that a user is influencing another user (whether acting as an Employer or a Recruiter) to make an arrangement or agreement outside of our Website for the provision of the Recruiter’s Services of a Recruiter that was contacted and/or engaged via OPEX Recruiting; which is initiated by a user acting either as an Employer or a Recruiter; irrespective of whether such arrangement and/or agreement is actually engaged or undertaken or carried on; and

– Any action that is considered by OPEX Recruiting exclusively that a user is enticing another user (whether acting as an Employer or a Recruiter) to make an arrangement or agreement outside our Website for the provision of the Recruiter’s Services of a Recruiter that was contacted and/or engaged via OPEX Recruiting; which is initiated by a user acting either as an Employer or a Recruiter; irrespective of whether such arrangement and/or agreement is actually engaged or undertaken or carried on;

We will not proceed into such action of deleting your Account on the grounds of a Circumvention Event only if you and the Employer or Recruiter (whichever applies in your case) show evidence that up to one month prior to your engagement for the Recruiter’s Services via OPEX Recruiting, you have been engaged outside OPEX Recruiting with that particular Employer or Recruiter for the particular Position Description which the Recruiter’s Services will be provided.

If an Employer wishes to work with the same Recruiter for another job, OPEX Recruiting will incur 20% commission fee for the first 12 months of the engagement.

You may opt-out of this obligation with respect to each Recruiter-Employer relationship only if you pay OPEX Recruiting 40% of the Recruitment Fee. To pay the Opt-Out Fee, you must request instructions by contacting us. Except if you pay the Opt-Out Fee, you agree not to circumvent OPEX Recruiting in any way nor cause any Circumvention Even. By way of illustration and not in limitation of the foregoing, you must not Submit proposals or solicit users identified through OPEX Recruiting to contact, hire, work with, or pay outside OPEX Recruiting; or accept proposals or solicit users identified through OPEX Recruiting to contact, deliver services, invoice, or receive payment outside OPEX Recruiting. The 40% Opt-Out fee will be calculated as 40% of the 12-month annual salary for the role submitted by the employer.

You agree to notify us immediately if another person improperly contacts you or suggests making or receiving payments outside of OPEX Recruiting or suggests the undertaking of a Circumvention Even. If you are aware of a breach or potential breach of this non-circumvention clause, please contact us immediately.

Any confirmed act of circumnavigation will result in OPEX Recruiting claiming 40% of the recruitment fee from either Employer or Recruiter depending on who is deemed to be engaging in the circumnavigation. If both parties are deemed to be engaged in circumnavigation of the platform both parties may be fined. Employers deemed to be circumnavigating the platform may be liable to pay the full recruitment fee to the recruiter plus the 40% circumnavigation fine. The 40% recruitment fee/fine will be calculated as 40% of the 12-month annual salary for the role submitted by the employer.

Warranty Disclaimer

You acknowledge and agree that:

(a) We only act as a portal for connecting Employers and Recruiters.

(b) We have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website.

(c) Any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

(d) In terms of all fees, payments and charges:

– we are not a bank or other licensed financial institution as per the Financial Conduct Authority Rules. We thus do not provide banking services or any financial services to you;

– to the extent that we are required to release the Recruitment Fee minus the Service Fee to you, you will become our unsecured creditor until such funds are paid to you;

– we are not acting as a trustee or fiduciary with respect to such funds or payments;

OPEX Recruiting makes no representation or warranty or provide any guarantee whatsoever for any of the following:

(a) the accuracy, or availability of the Website

(b) the accuracy or the validity of any content posted on the Website, including, without limitation to, any post, forum message, comment, User Content, description, advice, articles or any other form of content herein;

(d) any act, omission, opinion, response, advice, suggestion, information and/or service in a field requiring licensure and/or certification, who may be accessed through the Website.

(e) the willingness or ability of any of the Users to provide their services.

OPEX Recruiting does not endorse, recommend, verify, evaluate, review, warrant or guarantee the qualifications, expertise, licenses, claims, effectiveness or background of any User including but not limited to any opinion, response, act, advice, suggestion, prediction, recommendation, information or other service provided by any User. Nothing contained in these Terms and Conditions shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to any User or any opinion, response, advice, prediction, recommendation, information or other service provided by any User or the validity, accuracy, availability, completeness, safety, legality, quality, security, privacy or applicability of any content or anything otherwise said or written by any User, through the Website or not, including any biographical information, qualifications, or other information spoken by any User or contained in or made available on the Website, the Website, any site, any blog or any other forum, or group.

The Website may include content posted by OPEX Recruiting, or may facilitate features which allow Users to post, without limitation to, questions to other Users regarding various topics and allow Users to volunteer answers to such questions; or any posts, opinions, statements, or any other sort of content. Such content includes the opinion of the writer only and does not represent anything more than the writer’s opinion on the content. We are thus not to be held responsible for any reliance on such content. As noted, OPEX Recruiting does not warrant the validity, accuracy, or availability of any content or advice provided. We will not be liable for any damages sustained by a User due to reliance on any such information or advice.

Information furnished by OPEX Recruiting or any other User is intended for general information purposes only. We hereby disclaim any responsibility for any reliance on such information. In addition, we do not warrant the validity, accuracy, or availability of any information provided and as such, we will not be liable for any damages sustained due to reliance on any such information.

If you choose to use the Website or other User Content, you do so voluntarily and at your sole risk. The Website is provided ‘as is’ , without warranty of any kind, either express or implied.

You agree and confirm that you have had whatever opportunity you deem necessary to investigate the Website, our Terms and Conditions and all applicable laws, rules, or regulations and that you are not relying upon any statement of law or fact made by OPEX Recruiting relating to the Website.

If we choose to conduct identity verification or background checks on any User to the extent permitted by applicable law, we disclaim all representations or warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

The Website is provided for you to act under it without any guarantees, conditions or warranties by us, as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any indirect or consequential loss or damage incurred by any User in connection with our Website, or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss arising out of incurrence of health and/or mental health decease and/ injury; loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Limitation on Liability

To the extent permitted by the law, in no event shall we be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

(a) any indirect, special, incidental or consequential damages incurred;

(b) any loss of income, business or profits (whether direct or indirect); or

To the maximum extent possible by law, in no event shall we be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for the actions of Recruiters, Candidates or Employers.

Certain functions of the Website will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but we cannot take responsibility for the Website not working at full functionality if you do not have access to an active internet connection. In using the Website, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Website, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you are accessing the Website, please be aware that we assume that you have received permission from the bill payer for using the Website.

The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

From time to time, this Website may include content which includes links to other sites, apps and resources provided by third parties. Such content is provided for your convenience to have access to further information. They do not signify that we endorse any Site, app or any other third party. Any content made available on the Website is for information only, and we shall not be liable for any use of, or reliance on, such content. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.

Confidentiality

As used in this Agreement, “Confidential Information” means any and all information and material that is disclosed by a party (the “Disclosing Party”) and: (i) is marked “Confidential,” “Restricted,” or “Confidential Information” or other similar marking; (ii) is known by the party receiving the Confidential Information (the “Receiving Party”) to be confidential or proprietary; or (iii) from all the relevant circumstances, should reasonably be assumed by Receiving Party to be confidential or proprietary. Confidential Information does not include any information that Receiving Party can prove: (a) was already known to Receiving Party without restrictions at the time of its disclosure by Disclosing Party; (b) after its disclosure by Disclosing Party, is made known to the Receiving Party without restrictions by a third party having the right to do so; (c) is or becomes publicly known without violation of this Agreement; or (d) is independently developed by Receiving Party without reference to the Confidential Information. Confidential Information will remain the property of Disclosing Party, and Receiving Party will not be deemed by virtue of this Agreement or any access to the Confidential Information to have acquired any right, title or interest in or to the Confidential Information. Receiving Party may not copy any Confidential Information without Disclosing Party’s prior written permission. Receiving Party may not remove any copyright, trademark, proprietary rights or other notices included in or affixed to any Confidential Information. Receiving Party agrees: (I) to hold the Confidential Information in strict confidence; (II) to limit disclosure of the Confidential Information to Receiving Party’s own employees or contractors having a need to know the Confidential Information for the purposes of this Agreement; (III) to use the Confidential Information solely and exclusively in accordance with the terms of this Agreement in order to carry out Receiving Party’s obligations and exercise Receiving Party’s rights under this Agreement; (IV) to afford the Confidential Information at least the same level of protection against unauthorized disclosure or use as Receiving Party normally uses to protect Receiving Party’s own information of a similar character, but in no event less than reasonable care; and (V) to notify Disclosing Party promptly of any unauthorized use or disclosure of the Confidential Information and to cooperate with and assist Disclosing Party in every reasonable way to stop or minimize such unauthorized use or disclosure. Receiving Party agrees that if a court of competent jurisdiction determines that Receiving Party have breached, or attempted or threatened to breach, Receiving Party’s confidentiality obligations to Disclosing Party or Disclosing Party’s proprietary rights, Disclosing Party will be entitled to seek injunctive relief and/or recovery damages within the Limitation on Liability set out under this Agreement.

Intellectual Property

This Website contains material which is owned by or licensed to us. Save as described elsewhere, we are the owner or the licensee of all intellectual property rights in the Website and are protected by copyright laws and treaties around the world. All such rights are reserved. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.

You must not use any part of the Website for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another Site or mobile app) any aspect of the Website or our Services (including content, images, designs, look and feel) without our prior written consent.

It is our policy to respond to clear notices of your intellectual property rights infringement. If you believe that your intellectual property rights have been violated, please notify us by email and we will investigate.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You furthermore transfer all copyrights and any other intellectual property of any provision of feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.), together with a composite rating by us.

If, in our opinion, you are in breach of these provisions, your right to use the Website and the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

USER CONTENT

OPEX Recruiting may, at its sole discretion, enable Users to create, upload, post, send, receive and store content, such as text, blogs, articles, photos, audio, video, or other materials and information on or through the Website (“User Content”). By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Website, you grant to OPEX Recruiting a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Website, in any media or Website. Unless you provide specific consent, OPEX Recruiting does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

You are solely responsible for all User Content that you make available on or through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Website or you have all rights, licenses, consents and releases that are necessary to grant to OPEX Recruiting the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or OPEX Recruiting’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We take intellectual property rights very seriously and are committed to following appropriate legal procedures to remove infringing content from the Engagement Contract. If content that you own or have rights to has been posted to the Website without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third-party claims that any material posted or uploaded by you to the Website violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.

You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. OPEX Recruiting may, without prior notice, remove or disable access to any User Content that OPEX Recruiting finds to be in violation of these Terms and Conditions or otherwise may be harmful or objectionable to OPEX Recruiting, its Users, third parties, or property

ADVERTISING

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a position, User or Service being performed on the Website. An example of a permissible website address would be a LinkedIn profile.

MONITORING

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, for risk management, for customer service and related purposes.

INACTIVE ACCOUNTS

We reserve the right to close Accounts that have not been accessed for a continuous period of six months.

DISPUTES WITH US

We will do our best to resolve any issue raised with us. If we are unable to do so to your satisfaction, we will provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution.

All claims you bring against us must be resolved in accordance with the terms of these Terms and Conditions.

For any claim, we may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If we elect arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by us.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency, we will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these Terms and Conditions.

RATINGS AND FEEDBACK

Within a certain timeframe after acquiring or providing the Recruiter’s Services, both Employers and Recruiters can leave feedback and rating to each other for each Position. Both Employers and Recruiters understand that such feedback and rating shall reflect the opinion of either the Recruiter or the Employer’s experience for the provision or acquiring of the Recruiter’s Services and does not reflect the opinion of OPEX Recruiting on any job, act, doing, effectiveness or professionalism of any of the Recruiters or Employers. Any Feedback provided is not verified by OPEX Recruiting for accuracy and may be incorrect or misleading. OPEX Recruiting is not required to verify any feedback or information given to us by any Recruiter or Employer, nor does OPEX Recruiting perform background checks on any of the Recruiter or Employer or their in-between relationship of each other with regards to the provision of the Recruiter’s Services. OPEX Recruiting does not verify the truth or accuracy of any descriptions, Ratings, Reviews, or other content related to either a Recruiter or an Employer.

Without prejudice to the above, all Feedback provided must at all times be fair, truthful and factual and may not contain any offensive, defamatory or obscene language. You shall not manipulate the Feedback system in any manner, such as instructing a third party write a positive or negative Review about another Recruiter or Employer.

All Feedback provided is based solely on data that Recruiters or Employers voluntarily submit to OPEX Recruiting and does not constitute and will not be construed as an introduction, endorsement, or recommendation by OPEX Recruiting. OPEX Recruiting provides such information solely for the convenience of its Users.

INDEMNITY

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and candidates) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party while using the Website and Service.

In addition, we can apply any funds held by us that you may be entitled to, now or in the future, against any liabilities you owe to us, or loss suffered by us, because of your non-performance or breach of this Agreement.

ABOUT US

The term OPEX Recruiting or ‘us’ or ‘we’ refers to the owner of OPEX Recruiting which is Radical Transformation LLC, a company registered in Oregon with the Secretary of State Corporate Division, whose registered office is located at 8300 NE Quatama Street, Beaverton, Oregon 97006, USA.

GENERAL

These Terms, together with our Privacy Policy, supersede any other agreement between you and OPEX Recruiting regarding the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by notifying you via the Website or sending you an email about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website and the Services following the changes constitutes your acceptance of the updated Terms.

Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of the United Kingdom.

If you have any questions about the Terms, please email us at support@radical-transformation.com

This privacy policy sets out how OPEX Recruiting uses and protects any information that you give OPEX Recruiting when you use this Website. OPEX Recruiting is committed to ensuring that your privacy is always protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.

INFORMATION WE COLLECT

We may collect the following information from you.

– Information you give us. You may give us information about you by filling in forms on the Website or by corresponding with us by phone, e-mail or otherwise. This includes your name and job title, contact information including email addresses, demographic information such as postcodes, preferences and interests and any other information relevant to customer surveys and/or offers. If you are a Recruiter, such information will include the details of the Candidates assigned to you, including their personal information and RESUME.

– Information we collect about you. With regard to each of your visits to the Website we may automatically collect the following information:

– Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and Website;

– Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Website (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; and

– Other information necessary to keep track of the number of users on OPEX Recruiting and the number of placements made through OPEX Recruiting, to calculate the average Recruitment Fee percentage through OPEX Recruiting and analyze other monetary figures and highlight the high achievers who have excelled on the Website, have hit a specific milestone or have successfully achieved their first deal.

– Information we receive from other sources. We may receive information about you if you use any of the other Sites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

HOW WE USE THE INFORMATION WE COLLECT

We require this information to understand your needs and provide you with a better service. More particularly we require your information for the following reasons:

– To keep an Internal record keeping system;

– To provide you our Services efficiently

– To provide you, or permit selected third parties to provide you, with information about services we feel may interest you;

– To notify you about changes to our service;

– To ensure that content from the Website is presented in the most effective manner for you and for your computer;

– To administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

– To improve the Website to ensure that content is presented in the most effective manner for you and for your computer;

– To maintain growth figures of how OPEX Recruiting is expanding on a monthly basis;

– As part of our efforts to keep the Website safe and secure;

– To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

– To make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them; and

– To periodically send promotional emails or physical mail about new products, special offers or other information which we think you may find interesting using the email address which you have.

– To be used for marketing purposes on social media and on personal blogs.

THIRD PARTY-INFORMATION

Where you provide us with the personal information of another person (for example candidates), you represent and warrant to us that you have that person’s express permission to provide us with that information and that that person has consented to us retaining and using that information for any purpose and for any period of time permitted by law. You also indemnify us against any action relating to a person’s personal information that a person may bring against us if you have provided us with that person’s personal information.

Our Site uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website. This helps us analyze data about web page traffic and improve our Site in order to tailor it to customer needs. We only use cookies for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site.

THIRD PARTY SERVICES

To help us develop the Website we may use information from Google Analytics which is a Site analytic service provided by Google, Inc. (‘Google’).

This is information generated by a cookie about your use of our Site and is transmitted to and stored by Google. These statistics do not include information that can be used to identify any individual. You are able to prevent this anonymous monitoring by refusing the use of cookies from your browser.

The following third-party services are used by OPEX Recruiting:

Mailgun
MailChannels
SPF
Colo4
DoubleClick.net
StatCounter
Google Analytics
YouTube
Google Tag Manager
GStatic Google Static Content
Cookie Consent

DISCLOSURE OF YOUR INFORMATION

We may share your personal information with any member of our group, which means any subsidiaries, any ultimate holding company and its subsidiaries

We may share your information with selected third parties including:

– Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

– Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;

– Analytics and search engine providers that assist us in the improvement and optimisation of the Website; and

– Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Site Terms of Use and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

OPTING ‘IN’ OR ‘OUT’

An individual may opt to not have us collect their data, including by contacting us directly. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:

Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or

Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.

If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.

WHERE WE STORE YOUR PERSONAL DATA AND SECURITY

The data that we collect from you is stored on servers in the United States. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

We may transfer your personal information, and any personal information of any other person that you provide to us, to a related body corporate and your information may be transferred outside of the USA.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@radical-transformation.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us at the Company Address.

The Website may, from time to time, contain links to and from the Websites of our partner networks, advertisers and affiliates. If you follow a link to any of these Sites, please note that these Sites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Sites.

CHANGES TO THIS POLICY

OPEX Recruiting may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Terms and Conditions for SaaS Recruitment Software

These Terms and Conditions (“Agreement”) govern your access to and use of the
recruitment software provided by Radical Transformation LLC DBA OPEX Recruiting (“Provider”) as a Software as
a Service (SaaS) product. By accessing or using the recruitment software, you agree
to be bound by this Agreement. If you do not agree to these terms, please do not use
the software.

1. Scope of License

1.1 Authorized Use: The Provider grants you a non-exclusive, non-transferable license
to access and use the recruitment software for the purpose of managing
candidate/client relationships, creating a website, and building an online business.

1.2 Access and Use: You may access and use the software through the authorized
facilities, technologies, and means provided by the Provider. The scope of your
authorized access and use is defined by the subscription plan you have selected.

1.3 License Restrictions: You agree not to:
a. Modify, adapt, or reverse engineer the software.
b. Access or use the software for any unlawful or unauthorized purpose.
c. Share your login credentials with unauthorized users.
d. Use the software in a manner that could disrupt, damage, or interfere with its functionality or the Provider’s services to other users.

2. Limitation of Liability

2.1 Disclaimer: The recruitment software is provided “as is” without any warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2.2 Liability Cap: In no event shall the Provider be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. The total liability of the Provider under this Agreement shall not exceed the total fees paid by you for the software in the twelve (12) months preceding the claim.

3. Ownership and Security of Data

3.1 Data Ownership: You retain ownership of all data and content you enter into the software. The Provider does not claim ownership of your data.

3.2 Data Security: The Provider will take reasonable measures to safeguard your data, including data encryption and regular backups. However, you acknowledge that no data transmission over the internet can be guaranteed as completely secure, and the Provider is not liable for any unauthorized access, disclosure, or data breaches.

3.3 Privacy Policy: You agree to the terms of the Provider’s Privacy Policy, which outlines how your data is collected, used, and shared. The Privacy Policy is incorporated by reference into this Agreement.

4. Customer Service and Support

4.1 Support Services: The Provider will provide customer service and technical support in accordance with the support plan you have subscribed to. Response times and guarantees will be outlined in the support plan.

5. Subscription Plan, Model, and Pricing

5.1 Subscription Plan: You will select a subscription plan that defines the features and services included in your package. Pricing details, payment frequency, and any additional charges will be specified in your subscription plan.

5.2 Pricing Models: The software may follow various pricing models, including flat-rate pricing, usage-based pricing, tiered pricing, per-user pricing, or per-active-user pricing, depending on your chosen subscription.

6. SLAs (Service Level Agreement)

6.1 Service Availability: The Provider aims to maintain a minimum service uptime of 99.9%. Any downtime beyond this threshold will be addressed as per the SLA.

6.2 Response Times: Response times for support requests, general inquiries, and additional functionality requests will be detailed in the SLA.

6.3 Penalties: The SLA may specify penalties to be levied against the Provider in the event of service level guarantees not being met.

7. Tenure, Renewal, and Termination

7.1 Contract Term: The initial contract term will be defined in your subscription plan, typically annually or monthly. Multi-year contracts may be available on request.

7.2 Automatic Renewal: Unless otherwise specified, this Agreement will renew automatically for additional terms of the same duration unless either party provides written notice of termination before the expiration of the current term.

7.3 Termination for Convenience: Either party may terminate this Agreement for convenience by providing written notice within the agreed notice period, which will be stated in your subscription plan.

By using the recruitment software, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@radical-transformation.com

We will respond to your query as soon as possible.