Hiring Agreement
Thank you for choosing HeftyDev LLC, doing business as "SalesEngineer.direct" ("SalesEngineer.direct," "we," "us," or "our"). By creating a paid account on SalesEngineer.direct, you agree to these terms and the standard website terms (the "Standard Terms"). Capitalized words used in these terms have the meanings given in the Standard Terms.
FEES
Access Fee:
While you have an active paid account with us, you agree to pay the fees as specified on the Website (as updated from time to time) (the "Access Fee").
Placement Fee:
If you hire someone as a full-time employee that you became aware of through the Service (a "Candidate"), you agree to pay us a placement fee equal to 10% of the Candidate's guaranteed first-year compensation (base salary and any guaranteed bonus) (the "Placement Fee"). The Placement Fee is due within fifteen days of the Candidate's first day of work with you. No Placement Fee is due for amounts paid to Candidates as independent contractors.
Fee Period:
The Placement Fee is due for any Candidate hired as a full-time employee within 12 months of first connecting with the Candidate through the Service (the "Fee Period"). No Placement Fee is due for Candidates hired on a part-time or contract basis. If you initially engage a Candidate on a part-time or contract basis and, within the Fee Period, transition the Candidate to full-time employment, you must pay a Placement Fee equal to 10% of the Candidate's guaranteed first-year compensation.
Independent Contact Exception:
The Placement Fee is due for any Candidate first connected with through SalesEngineer.direct, even if the Candidate contacts you independently outside of the Service or if their placement is finalized without using the Service.
Payment Authorization and Terms:
- You authorize us to charge your credit card on file for the Access Fee.
- Placement Fees will be invoiced and are due within 15 days of the Candidate's first day of work, regardless of the invoicing date.
- Unpaid fees accrue a late fee of 10% per month from the initial date of hire until paid.
- All fees are nonrefundable.
OBLIGATIONS
You must notify us when you hire a Candidate no later than the Candidate's first day of employment and on any subsequent advancement or change in status during the Fee Period.
You can notify us via email: [email protected].
CANCELLATION
Your subscription will automatically renew monthly or annually, as applicable, until canceled. Cancellation requests must be received at least three business days before the next renewal date to be effective. Canceling your account does not terminate your obligation to pay the Placement Fee as outlined in these terms. You may cancel your account through the Website.
NO PLACEMENT GUARANTEE
SalesEngineer.direct is a connection service. We make no warranties or guarantees regarding the qualifications or abilities of Candidates. You are solely responsible for conducting all required interviews, diligence, and background investigations for Candidates. The Placement Fee is nonrefundable, even if a Candidate's employment ends for any reason.
NO DISCRIMINATION
You agree not to discriminate against any Candidate in the acceptance, interview, or hiring process based on race, color, religion, gender, age, national origin, marital status, disability, or other protected characteristic.
OTHER TERMS
Legal Fees:
The non-prevailing party in any litigation or arbitration will pay the reasonable legal fees and costs incurred by the prevailing party, including appeals.
Liability Limitation:
Our maximum liability to you under these terms will not exceed $250.
Amendments:
We may amend these terms from time to time. We will notify you by email of any changes. Your continued use of the Service after notification constitutes acceptance of the updated terms.
Entire Agreement:
These terms, together with our website terms, constitute the entire agreement regarding your use of the Service. This agreement is non-assignable.