Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Rheaction ("Company," "we," "us," or "our") concerning your access to and use of our website and recruiting services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

2. Services Description

Rheaction provides professional recruiting and talent acquisition services to startups and technology companies. Our services include but are not limited to:

• Executive search and placement
• Technical recruiting (software engineering, product, design)
• Sales and marketing recruiting
• Startup advisory and hiring strategy consulting
• Candidate sourcing, screening, and presentation

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Client Terms

3.1 Engagement and Fees

Specific terms of engagement, including fee structure, payment terms, and service scope, will be outlined in a separate written agreement between Rheaction and the client. Our standard fee structure is contingency-based, typically calculated as a percentage of the hired candidate's first-year compensation.

3.2 Guarantee Period

We offer a replacement guarantee for placed candidates. If a candidate leaves or is terminated within the guarantee period (typically 90 days from start date), we will conduct a replacement search at no additional fee. Specific guarantee terms will be detailed in your engagement agreement.

3.3 Client Responsibilities

Clients agree to:

• Provide accurate and complete job descriptions and requirements
• Respond to candidate submissions in a timely manner
• Conduct interviews and provide feedback promptly
• Notify us immediately upon making an offer to any candidate we present
• Not circumvent our services by directly hiring candidates we introduce without paying agreed-upon fees
• Pay all fees according to the terms of the engagement agreement

3.4 Exclusivity and Non-Circumvention

If a client hires, employs, or engages any candidate introduced by Rheaction within 12 months of the introduction, regardless of whether the hire is for the original position or a different role, the client agrees to pay the agreed-upon placement fee. This applies even if the client re-engages the candidate through another recruiting firm or directly.

4. Candidate Terms

4.1 Candidate Representation

By submitting your resume or application to Rheaction, you authorize us to:

• Present your candidacy to potential employers
• Share your resume, portfolio, and professional information with clients
• Conduct reference checks and verify your employment history
• Retain your information for future job matching opportunities

4.2 Candidate Responsibilities

Candidates agree to:

• Provide accurate and truthful information in all submissions
• Inform us of any changes to your job search status or availability
• Notify us before accepting any offer from a company we introduced you to
• Participate in good faith in the interview and hiring process
• Not misrepresent your qualifications, experience, or credentials

4.3 No Fees for Candidates

Rheaction does not charge fees to candidates for our recruiting services. All fees are paid by the hiring companies.

5. Intellectual Property

The content on our website, including text, graphics, logos, images, and software, is the property of Rheaction and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

6. User Conduct

You agree not to:

• Use our services for any unlawful purpose
• Impersonate any person or entity
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Collect or harvest information about other users
• Transmit any viruses, malware, or harmful code
• Use automated systems (bots, scrapers) to access our services

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes but is not limited to:

• Client company information, strategies, and hiring plans
• Candidate personal information and career details
• Fee structures and commercial terms
• Any information marked as confidential

8. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee:

• That we will successfully place a candidate for any specific position
• That any candidate will accept an offer or remain employed for any specific period
• That our services will meet your specific requirements
• That our website will be uninterrupted, secure, or error-free

We make reasonable efforts to verify candidate qualifications but do not guarantee the accuracy of all information provided by candidates. Clients are responsible for conducting their own due diligence, including background checks and reference verification.

9. Limitation of Liability

To the maximum extent permitted by law, Rheaction shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:

• Your use or inability to use our services
• Any candidate's performance or conduct after placement
• Unauthorized access to or alteration of your data
• Any other matter relating to our services

Our total liability for any claim arising from our services shall not exceed the fees paid by the client for the specific placement giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Rheaction and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:

• Your violation of these Terms
• Your use of our services
• Your violation of any third-party rights
• Any false or misleading information you provide

11. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our services will immediately cease.

Clients may terminate an active search engagement by providing written notice. Fees for candidates already presented or in the interview process at the time of termination remain due if those candidates are subsequently hired.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after any changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with any engagement agreement and our Privacy Policy, constitute the entire agreement between you and Rheaction regarding our services and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms, please contact us:

Rheaction
Email: [email protected]
Phone: +1 (781) 408-8390
Address: Denver, CO