SFTalents.com

Terms & Conditions

Definitions

  • Client: Any individual or organization engaging the services of sftalents.com for talent acquisition and staffing solutions.
  • Candidate: Talented individuals presented by sftalents.com for consideration of employment opportunities by our clients.
  • Services: The range of recruitment, talent acquisition, and staffing services provided by sftalents.com.
  • Final Deliverables: The end product of services rendered, including but not limited to candidate profiles, assessment reports, and other relevant materials delivered to the client.
  • Project: The specific recruitment or staffing assignment carried out under the agreement between the client and sftalents.com.
  • Agreement: The contractual arrangement between sftalents.com and the client, encompassing these terms and conditions and any other related documents.
  • Confidential Information: Any proprietary or sensitive information shared between sftalents.com, its clients, and candidates, including but not limited to personal data, business strategies, and project details.
  • Placement: The successful engagement of a candidate with a client, resulting from the services provided by sftalents.com.

Services Provided

sftalents.com will deliver recruitment and staffing services following the detailed work plan and established milestones. Our commitment is to provide these services tailored to the specific needs of our clients, ensuring alignment with their strategic goals and timelines.

Proposal and Scope of Work

  • Validity of Terms: The terms outlined in any proposal provided by sftalents.com are valid for a period of 30 days from the date of receipt by the client. This timeframe ensures that clients have ample opportunity to review and consider our proposal.
  • Proposal Modification: If the proposal is not accepted within 30 days, sftalents.com reserves the right to revise and resubmit the proposal for client approval. This may include adjustments to the scope, timeline, or pricing to reflect any changes in requirements or market conditions.
  • Scope of Services: The specific services to be provided by sftalents.com will be detailed in the proposal. This includes the nature of recruitment and staffing services, the process to be followed, and any specific client requirements.
  • Client Review and Agreement: Clients are encouraged to thoroughly review the proposal and scope of work. Acceptance of the proposal indicates agreement with the terms, scope, and conditions outlined by sftalents.com.

Client Responsibilities and Obligations

In order to facilitate a smooth and effective recruitment process, clients of sftalents.com are expected to fulfill the following obligations:

  1. Provision of Information: Clients are required to provide full and accurate job descriptions for each role they seek to fill. This includes details on responsibilities, required qualifications, and any specific skills or experiences necessary for the position.
  2. Timely Responses: Clients should ensure prompt communication and feedback concerning candidates and interview processes. Timely interactions are crucial for maintaining the momentum of the recruitment cycle and providing candidates with a positive experience.
  3. Legal Compliance: Clients must adhere to all relevant employment laws and regulations. This includes fair hiring practices, non-discrimination policies, and adherence to labor laws.
  4. Confidentiality Respect: Clients are obligated to maintain the confidentiality of all information shared about candidates and the recruitment process. This includes respecting the privacy of candidate data and not disclosing sensitive information without proper authorization.
  5. Non-Engagement of Candidates Outside Agreement: Clients agree not to engage candidates presented by sftalents.com in services or employment outside the framework of the agreed terms without prior consent from sftalents.com.

These obligations are essential to uphold a professional, efficient, and legally compliant recruitment process, ensuring a productive relationship between sftalents.com and our clients.

Financial Terms and Conditions

To ensure a clear understanding of the financial aspects of our services, the following terms apply:

  1. Fee Structure: The fees for recruitment and staffing services provided by sftalents.com will be detailed in each service agreement. This includes clear breakdowns of charges for various services offered.
  2. Invoicing: Clients will receive invoices as per the terms agreed upon in the contract. This may include milestone-based invoicing or other arrangements as specified in the agreement.
  3. Payment Schedule: The agreement will specify payment terms, including due dates and acceptable methods of payment. Adherence to the payment schedule is crucial for the ongoing provision of services.
  4. Additional Costs: Any costs outside the standard service provision, such as advertising expenses, special assessments, or other ancillary services, will be communicated in advance and agreed upon before being incurred.
  5. Late Payment Penalties: In the event of late payments, sftalents.com reserves the right to apply late payment fees as detailed in the contract. Continued non-payment may result in the cessation of services.
  • Non-Payment Consequences: The consequences of non-payment will be clearly outlined in the contract. This may include suspension of services and legal action to recover owed amounts.

Confidentiality Agreement

  1. Mutual Confidentiality: Both sftalents.com and the client agree to maintain the confidentiality of all information shared during the recruitment process. This includes candidate details, business strategies, and any sensitive data exchanged.
  2. Scope of Confidential Information: Confidential information encompasses all non-public data exchanged between the parties, regardless of its nature or the mode of communication.
  3. Protection of Information: All parties are responsible for taking reasonable steps to protect confidential information from unauthorized disclosure, use, or copying.
  4. Consent for Disclosure: Confidential information may only be disclosed to third parties with explicit written consent from the party that provided the information.
  5. Duration of Confidentiality Obligations: The obligation to maintain confidentiality persists even after the termination of the agreement, ensuring ongoing protection of all sensitive data.
  6. Breach of Confidentiality: Any breach of these confidentiality terms will be taken very seriously and may result in legal action or termination of the agreement.

Changes in the Scope of the Project

It is understood that project requirements may evolve over time. To accommodate such changes, the following terms apply:

  1. Initiation of Changes: If the client requests changes that affect the scope, timeline, or cost of the project, such requests must be submitted in writing to sftalents.com.
  2. Evaluation and Response: Upon receiving a change request, sftalents.com will evaluate the implications on the project scope, timeline, and costs. We will provide a detailed response within 5 business days, outlining any necessary adjustments to the project plan and additional charges, if applicable.
  3. Minor Changes: Changes considered minor (affecting less than 20% of the project’s total cost or scope, as determined by sftalents.com) will be managed and billed at standard hourly rates. Any adjustments to the project delivery schedule will be communicated accordingly.
  4. Major Changes: Changes exceeding 20% of the project’s cost or scope, or those deemed significant by sftalents.com, will require a revised or additional proposal. This proposal must be agreed upon and signed by both parties before further work proceeds.
  5. Client Decision Period: Clients are given 14 business days to review and respond to the revised proposal. If the proposal is not accepted within this timeframe, sftalents.com is not obligated to perform the additional work.
  6. Project Continuity: During the evaluation of a change request, ongoing project work will continue under the existing terms, unless otherwise agreed upon by both parties.

Handling Delays in Projects

In the course of executing projects, delays can occur due to various reasons. The following terms outline how such delays are managed:

  1. Delays from the Client: Should delays arise due to the client’s actions or inactions (such as delayed feedback or provision of necessary information), these will result in a corresponding extension of project milestones. The extension will be proportional to the length of the delay caused by the client.
  2. Delays from sftalents.com: In the event of delays attributable to sftalents.com, we commit to promptly notifying the client and taking necessary steps to minimize the impact. Our goal is to adhere to the original project timeline as closely as possible.
  3. Force Majeure: Delays caused by unforeseen and uncontrollable events, such as natural disasters, acts of government, war, pandemics, or other force majeure situations, will be addressed on a case-by-case basis. These circumstances will not be considered a breach of contract, and a mutual agreement will be sought for adjusting project timelines.
  4. Communication of Delays: Any delays, regardless of the cause, will be communicated to all relevant parties as soon as they are identified. This ensures transparency and allows for collaborative planning to address the delay.
  5. Adjustments to Timelines: Adjustments to project timelines due to delays will be documented and agreed upon by both sftalents.com and the client to ensure mutual understanding and agreement.

Assessment and Approval of Services

To ensure the highest standards in our recruitment and staffing services, we have established the following evaluation and acceptance procedures:

  1. Candidate Testing and Assessment: All candidates presented by sftalents.com undergo thorough evaluations, including skills assessments and background checks, to ensure their suitability for the specified roles.
  2. Client Approval Period: Upon presenting a candidate, the client will have a period of 10 business days to review and provide feedback. This feedback can include acceptance of the candidate, requests for additional information, or rejection with reasons.
  3. Rejection of Candidates: In cases where a candidate is rejected, the client is requested to provide specific feedback to assist sftalents.com in refining the search and selection process for future candidates.
  4. Acceptance of Candidates: When a candidate is accepted by the client, sftalents.com will proceed with the final stages of the placement process, including offer negotiation and coordination of the start date.
  5. Continuous Improvement: Feedback received from clients is crucial for our continuous improvement. It enables us to enhance our recruitment strategies and better meet the needs of our clients.

Termination of Agreement

To ensure a clear understanding of the terms under which either party can terminate the agreement, the following conditions apply:

  1. Initiation of Termination:  Either party – sftalents.com or the client – may initiate the termination of the agreement. Such a decision must be communicated in writing, specifying the reasons for termination.
  2. Notice Period: A notice period, as outlined in the service agreement, must be observed by the party initiating the termination. This period allows for the orderly winding down of services and minimizes disruption.
  3. Settlement of Accounts: Upon termination, all outstanding fees for services rendered by sftalents.com up to the point of termination must be settled by the client. A final invoice will be issued detailing any outstanding amounts.
  4. Completion of Ongoing Projects: In the event of termination, ongoing recruitment projects will be concluded in an orderly manner. This includes finalizing any pending placements or candidate evaluations that were underway at the time of termination.
  5. Post-Termination Confidentiality: The obligation to maintain confidentiality regarding any shared information during the term of the agreement remains effective even after the termination.
  6. Termination for Cause: If termination is due to a breach of contract, non-payment, or other significant reasons, specific terms outlined in the agreement will apply.

Liability

sftalents.com’s liability in connection with the services provided is strictly limited to the total amount paid by the client to sftalents.com. Our services are offered on an “as is” basis. Under no circumstances shall sftalents.com be held liable for any indirect, incidental, or consequential damages or losses that the client may incur as a result of using our services, regardless of the nature of those damages or losses.

Accreditation and Promotion

To foster a mutually beneficial relationship and acknowledge the services provided, the following terms are established:

 

  1. Recognition of Services: sftalents.com shall be appropriately acknowledged as the provider of recruitment and staffing services in any relevant materials or platforms where such recognition is customary.
  2. Use of Client’s Name and Logo: With the prior consent of the client, sftalents.com may use the client’s name, logo, and other brand elements in its marketing materials. This usage is intended to demonstrate sftalents.com’s experience and capabilities in providing quality services.
  3. Joint Marketing Opportunities: Both parties may explore opportunities for joint marketing activities, such as case studies, press releases, or testimonials. Participation in such activities is subject to mutual agreement.
  4. Approval of Promotional Material: Any promotional material featuring the client’s brand elements or endorsements will be subject to the client’s prior review and approval. The client retains the right to request modifications or withhold approval.
  5. Confidentiality in Promotion:  In all promotional activities, sftalents.com will respect the confidentiality of sensitive information of the client and will not disclose any confidential information without prior written consent.

Relationships

The following outlines the relationship framework between sftalents.com and its clients:

  1. Independent Contractor Status: sftalents.com operates as an independent contractor, not as an employee, agent, partner, or joint venture with the client. This status defines the autonomy of sftalents.com in its operations and decision-making related to service provision.
  2. Third-Party Engagements: sftalents.com reserves the right to engage third-party service providers or subcontractors to fulfill its obligations under the agreement. However, sftalents.com maintains full responsibility for the performance and compliance of such third parties with the terms of the agreement.
  3. No Exclusivity: The professional relationship between sftalents.com and the client is non-exclusive. Both parties retain the freedom to engage in similar agreements with other entities.
  4. Non-Solicitation Clause: During the term of the agreement and for a specified period thereafter, both sftalents.com and the client agree not to solicit or employ each other’s employees, contractors, or clients without prior written consent.
  5. Collaboration and Communication: sftalents.com and the client commit to collaborating in good faith and maintaining open and professional communication throughout the agreement to ensure the successful delivery of services.

Rights for Work Produced

The following terms govern the rights and ownership of work produced as a result of our services:

  • Ownership of Deliverables: All final deliverables produced and provided by sftalents.com under the agreement, such as candidate profiles and assessment reports, remain the property of sftalents.com until full payment is received from the client. Upon complete payment, ownership of these deliverables will be transferred to the client.
  • Licensing of Work: Before the transfer of ownership, sftalents.com grants the client a non-exclusive, non-transferable license to use the deliverables solely for the purposes outlined in the agreement.
  • Originality of Work: sftalents.com guarantees that all work produced and delivered under the agreement will be original and will not infringe upon the intellectual property rights of any third party.
  • Use of Deliverables: The client is authorized to use the deliverables within the scope of the agreement. Any additional or alternative use of the deliverables requires a separate agreement or consent from sftalents.com.
  • Attribution and Promotion: Where appropriate, sftalents.com may request attribution for the creation of deliverables in the client’s communications or publications.

Support Services

sftalents.com is committed to providing quality support and assistance following the delivery of our services, under the following terms:

  1. Support Period: Post-delivery support will be available for a specified period as outlined in the service agreement. During this time, sftalents.com will provide the necessary assistance to ensure the effectiveness and quality of the deliverables.
  2. Scope of Support: Support services include addressing any issues or adjustments related to the deliverables within the warranty period. This may involve additional candidate evaluations, refinement of candidate profiles, or other related assistance.
  3. Limitations of Support: The support does not cover issues arising from modifications or alterations made to the deliverables by the client or third parties. Any such changes void the warranty and relieve sftalents.com of its support obligations.
  4. Extended Support Services: Should the client require support beyond the initial warranty period or for matters outside the scope of the original agreement, such services can be provided at sftalents.com’s standard rates.
  5. Contact and Communication: For any support-related inquiries or issues, clients are encouraged to contact sftalents.com through contact@sftalents.com or the designated channels provided in the agreement.

Terms and Conditions Updates

sftalents.com maintains the right to modify and amend these Terms and Conditions as necessary. Any revisions will be promptly updated on our website. By continuing to use our services after such changes are posted, clients acknowledge and agree to the updated terms.

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