Terms of Service

Effective Date: July 25, 2024

1. GENERAL PROVISIONS
   1. These Terms of Service (hereinafter referred to as the "Terms") govern the legal relationship between TalentForge (hereinafter referred to as the "Company"), and individuals or organizations (hereinafter referred to as the "Client") regarding the provision of recruitment and training services.
   2. By engaging the Company's services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms.
   3. The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Company's website.
2. SERVICES
   1. The Company provides the following services:
      • Executive search and recruitment services;
      • Professional staffing and talent acquisition;
      • Leadership development and training programs;
      • Technical skills training and professional development;
      • HR consulting and organizational development;
      • Other related services as agreed upon with the Client.
   2. The specific scope, deliverables, and timeline of services will be outlined in a separate Service Agreement or Statement of Work between the Company and the Client.
3. FEES AND PAYMENT
   1. Fees for services will be specified in the Service Agreement or Statement of Work and may be structured as:
      • Retained search fees (typically paid in installments);
      • Contingency recruitment fees (typically a percentage of the placed candidate's annual salary);
      • Fixed project fees for training and development programs;
      • Hourly or daily rates for consulting services;
      • Monthly retainer fees for ongoing services.
   2. Unless otherwise specified, invoices are due within 30 days of issuance. Late payments may incur interest charges at a rate of 1.5% per month.
   3. The Client is responsible for all taxes applicable to the services provided, excluding taxes on the Company's income.
4. RECRUITMENT GUARANTEES
   1. For permanent placements, the Company provides the following guarantees:
      • Executive placements: 6-month replacement guarantee;
      • Mid-level positions: 3-month replacement guarantee;
      • Entry-level positions: 1-month replacement guarantee.
   2. If a placed candidate leaves the Client's employment within the guarantee period for any reason other than redundancy, restructuring, or change in job description, the Company will provide a replacement candidate at no additional recruitment fee.
   3. Guarantee periods begin on the candidate's start date with the Client.
   4. Guarantees are valid only if the Client has paid all invoices in full and within the specified payment terms.
5. TRAINING SERVICES
   1. Training programs will be delivered as specified in the Service Agreement or Statement of Work, including format (in-person, virtual, or blended), duration, and content.
   2. The Client is responsible for ensuring participant attendance and providing necessary facilities for in-person training if held at the Client's premises.
   3. Training materials provided by the Company are subject to copyright protection and may not be reproduced, distributed, or used for purposes outside the scope of the training program without the Company's written permission.
   4. The Company reserves the right to substitute trainers of equal qualification if necessary.
6. CONFIDENTIALITY
   1. Both parties agree to maintain the confidentiality of all proprietary information shared during the provision of services, including but not limited to business strategies, candidate information, training materials, and organizational data.
   2. The Company will not disclose the identity of candidates to third parties without consent, except as required to perform the services.
   3. Confidentiality obligations survive the termination of the service relationship.
7. TERMINATION
   1. Either party may terminate the service relationship with 30 days' written notice, unless otherwise specified in the Service Agreement.
   2. The Client remains responsible for payment of all services rendered prior to termination.
   3. For retained search assignments, early termination fees may apply as specified in the Service Agreement.
8. LIMITATION OF LIABILITY
   1. The Company's liability is limited to the fees paid by the Client for the specific services in question.
   2. The Company is not liable for indirect, consequential, or incidental damages, including but not limited to lost profits or business interruption.
   3. While the Company exercises due diligence in candidate screening and training delivery, the Company does not guarantee the performance or suitability of placed candidates beyond the specified guarantee period.
9. GOVERNING LAW
   1. These Terms are governed by the laws of the state/country where the Company is headquartered.
   2. Any disputes arising from these Terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.
10. FINAL PROVISIONS
    1. These Terms constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, understandings, or negotiations.
    2. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
    3. Questions regarding these Terms should be directed to  legal@talentforge.com.