Terms of Service for Customers
PLEASE REVIEW THESE TERMS CAREFULLY. ACCESSING AND/OR USING THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to "you" and "your" in these Terms will refer to both the individual using the Site and to any such Organization.
The "Last Updated" legend above indicates when these Terms were last changed. We may change these Terms at any time, for no reason or any reason, with or without notice. Additional or different terms in any written communication from you or your Organization (such as a purchase order) are void.
You agree to pay a placement services fee (the "Fee") for each candidate included in the Site (a "Candidate") who becomes employed by you (or an affiliate or any other entity as a result of a subsequent referral by you), either as a full-time or part-time employee, consultant or independent contractor, on or after the date that you are authorized to use the Site and ending twelve (12) months after your authorization to use the site terminates or expires (the "Period"). The Fee is payable even if you had knowledge of the Candidate prior to the Period, including, but not limited to, circumstances in which the Candidate submitted an application to you, was referred to you by another agency, was previously employed by you, or was previously engaged by you on a consulting or other temporary basis. You agree to notify Robert Half immediately, via the Site, each time a Candidate accepts a position with you, your affiliate or any other entity as a result of a referral by you. Such notification shall include the Candidate’s full name, hiring position, start date and compensation (including, but not limited to, any expected bonus, commission or guaranteed increase in salary which is part of the initial employment offer).
3. FEES AND GUARANTEE
The Fee shall equal twenty percent (20%) of the Candidate’s agreed annual starting salary, which may include, in Robert Half’s sole discretion, any expected bonus, commission or guaranteed increase in salary which is part of the initial employment offer.
If the full Fee is paid within fifteen (15) calendar days from the invoice date, and if the Candidate’s employment terminates within the first ninety (90) calendar days for any reason other than reorganization, elimination of position, takeover or material change in job responsibility, we will refund a pro rata portion of the Fee paid to us for such Candidate or issue a pro rata credit for such amount in the event you select a replacement candidate through the Site. The refund or credit will be equal to 1/90th of the Fee paid to us for such Candidate, multiplied by the number of calendar days remaining in the ninety (90) day period as of the last day of employment.
All Fees are earned at the time the Candidate accepts the position and will be invoiced no more than ten (10) calendar days before the scheduled starting day of employment. If any authority imposes a duty, tax, levy, or fee, excluding those based on Robert Half’s net income, upon any transaction under these Terms or the Site or based upon your use of the Site, you agree to pay that amount as specified in Robert Half’s invoice or supply exemption documentation.
You agree to pay Robert Half’s invoices within fifteen (15) calendar days of the invoice date.
In the event that you fail to pay the invoices when due, you agree to pay all of Robert Half’s costs of collection, including, but not limited to, reasonable attorneys’ fees, whether or not legal action is initiated. Additionally, Robert Half may, at its option, charge interest on any overdue amounts at a rate of the lesser of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law from the date the amount first became due.
4. CANDIDATE EVALUATION
To the extent permitted by applicable law, Robert Half will have a third-party vendor perform a limited criminal background check based on residence information provided by the Candidate and based on criteria established by Robert Half. Robert Half does not warrant or represent that this report is comprehensive or will disclose all criminal activities of the Candidate. It is your responsibility to notify Robert Half if you have any specific criteria for the background check. Robert Half will conduct this check only for hired Candidates and will notify you of the results only if the results reveal a conviction that the law allows to be disclosed. If you request and receive a copy of the results of the foregoing check, you agree to keep the results strictly confidential and to use them in accordance with applicable laws and solely for employment purposes.
You are responsible for (1) conducting any additional background checks, reference checks, or other due diligence that you may require before making an offer of employment to, or employing, a Candidate, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. We have not screened for drug use, administered a medical exam or, except as stated in the preceding paragraph, engaged in any verification process on the Candidates.
5. CONFIDENTIALITY OF CANDIDATE’S INFORMATION
You agree to hold in confidence the identity of any Candidate and the Candidate’s resume, social security number and other legally protected personal information, and you agree to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure. In addition, you agree that Candidates’ names, resumes and other similar information are the proprietary information of Robert Half.
You acknowledge that Robert Half does not track or request race, gender, veteran or disability status of the Candidates, nor meet any related applicant tracking or recordkeeping requirements.
6. RIGHT TO AUDIT BY ROBERT HALF
You agree, at all times while you are authorized to use the Site and for a period of seven (7) years after the termination or expiration of your authorized use of the Site, to maintain records, together with such supporting or underlying documents and materials, necessary to demonstrate your compliance with the Terms. Robert Half may verify your compliance with these Terms. Such verification will be conducted in a manner that minimizes disruption to your business and may be conducted on your premises, during your normal business hours. You agree (i) at your cost and expense, to provide records and other electronic or hard copy information reasonably necessary for such verification (including, but not limited to, a list of your current employees), and (ii) to promptly pay any additional charges and other liabilities determined as a result of such verification. Robert Half may use an independent auditor to assist with such verification, provided Robert Half has a written confidentiality agreement in place with such auditor. You agree to create, retain and provide to Robert Half and its auditors written records and other information sufficient to provide auditable verification that your use of the Site and related services complies with these Terms. Robert Half will notify you in writing if any such verification indicates that you are not in compliance with these Terms. In such event, you agree to pay for Robert Half’s costs of conducting such verification, including, but not limited to, any internal costs and any fees of a third-party auditor engaged by Robert Half to assist with such verification.
7. COMPETING SERVICES
Neither you nor any Organization shall provide services, or create or provide any website or related service, that is in any way competitive with Robert Half’s services, the Site or its related services, including, but not limited to, direct hire placement services for a third party or an online marketplace for identifying and recruiting job applicants. This prohibition shall apply during your use of Robert Half’s services and/or your access to the Site and for a period of three (3) years after your most recent use of and/or access to the Site.
8. LIMIT ON CLAIMS
You agree that you are responsible for reporting any claim to Robert Half in writing during or within ninety (90) calendar days after your hiring of the Candidate. Under no circumstances will Robert Half be responsible for any claim related to the placement of a Candidate or your access to or use of the Site (including, but not limited to, work performed by the Candidate) unless you have reported such claim in writing to Robert Half within ninety (90) calendar days after your hiring of such Candidate.
9. CONTACT INFORMATION
If you have a question regarding the Site, please send an email to [email protected].
Robert Half Direct Terms of Service for Candidates
Robert Half Direct is an online tool that allows Robert Half Direct customers to connect with candidates seeking full-time employment. The term "Candidate" or "You" refers to users of the Site who are seeking employment opportunities. The term "Customer" refers to those interested in hiring Candidates through the Site.
To use the Site as a Candidate, you need to register with Robert Half by creating an account at the Site. When you create an account, you will be asked to create a login and a password. You are responsible for maintaining the confidentiality of your account and should not share your password with anyone. As a part of the registration process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations and geographic location (the "Candidate Information").
Once you have created an account at the Site, a member of the Site Team ("Success Manager") may reach out to you via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Success Manager may continue to work with you throughout your use of the Site.
3. Authorization and Certification
You authorize Robert Half, Customer and their respective agents to make investigations and inquiries into your employment and educational history and other related matters as may be necessary in arriving at an employment decision. Robert Half may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.
You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize Robert Half and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills and experience.
You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused employment by Customer, to lose your employment once hired by Customer, or may result in removal of your account from the Site.
4. Description of Services
After a Candidate creates an account and completes a profile at the Site, his/her Candidate Information may be viewed by Customers according to Robert Half’s matching algorithm. Customers will have the opportunity to engage with Candidates with skills and experience that match Customer’s job requirements. A Candidate may receive notification from the Site regarding a Customer’s interest in the Candidate and details about the job. A Candidate may, in his/her sole discretion, respond to any Customer that has contacted him or her via the Site, to accept or reject any interview requests. All requests for interviews by Customers through the Site do not guarantee a final job or job offer, or a job offer at any particular level of compensation.
The Site provides this tool enabling Candidates and Customers to connect with each other. Candidates and Customers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site. Robert Half does not provide any guarantee or assurances regarding the hiring or interviewing process. Robert Half does not have input into the Customer’s hiring process. Robert Half is not responsible for and does not guarantee job postings or wages or benefits presented by Customers.
Robert Half is not a third party to or liable for any agreements between any Customers and Candidates, regardless of whether or not Robert Half receives a fee from the Customer in connection with the transaction. Candidates will not pay any fees to Robert Half or Customer.
5. Candidate’s Responsibility
You are responsible to keep Candidate Information accurate, complete, and up-to-date all the time.
Any initial communication between you and any Customer shall be made exclusively through the Site. Further communication with Customer may only take place outside of the Site after a Customer requests an interview with Candidate and Candidate accepts the interview through the Site. You further agree not to independently attempt to contact any Customer through an alternative means outside the Site.
You agree to promptly notify your Success Manager if you accept a job offer. You further agree to provide the details of the position, including, but not limited to, scope of role, total compensation, benefits, and other conditions of employment. Should your employment not commence with the Customer or is terminated within ninety (90) days from the agreed-upon start, you agree to promptly notify your Success Manager or the Site.
6. No Charge
There is no charge for Candidates to use the Site. Neither Robert Half nor Customers will require a payment from you.
7. Use of Personal Data
You agree to keep all information gained from using the Site confidential. You agree that by using the Site, Robert Half may contact you via the phone number (via text or call) provided to Robert Half, including cell phone numbers. You also agree that by using the Site, Robert Half may provide you with job opportunity or general employment information by sending email to you at the email address provided to Robert Half.
We may suspend the Site, your account or any other provision of the Site to you, and we may terminate the Site, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying the Site at any time and closing your account.
10. Governing Law; Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of the state where you use or access the Site or, if a dispute arises relating to your consideration for hire or your hiring by a Customer(s), the state in which the job opportunity at issue is located.
11. Contact Information
If you have a question regarding the Site, please contact your Success Manager or send an email to [email protected]