One Fine Hire allows certain individuals and entities to access and use the One Fine Hire Platform under this Terms of Use Agreement (the “Agreement”). All those that access this platform to manage recruiting services (“Hiring Managers”) and all those that access the platform to provide recruiting services (“Recruiters”) are collectively referred to as “Users”. A User may be a Hiring Manager or a Recruiter, or both, but in all cases, any person that logs into the One Fine Hire platform is a User. All Users accessing the platform do so under the terms and conditions of this Agreement. By using the One Fine Hire website or signing up for its services, Users accept the terms and conditions of this Agreement as they may be changed by One Fine Hire from time to time and agree as follows:

One Fine Hire has created a proprietary electronic platform to connect Hiring Managers to Recruiters. The One Fine Hire Platform is a venue that creates efficiencies in managing and delivering recruiting services by allowing Users to match their respective needs. One Fine Hire is not a service company and does not employ recruiters on the platform in any country. Recruiters who provide services to Hiring Managers are doing so as independent contractors. One Fine Hire provides software to all Users and is not a party to the interactions between the Recruiter and the Hiring Manager.

By registering to use, and by using the One Fine Hire Platform, Users represent and warrant that they are at least 18 years of age, can form legally-binding contracts, and/or are the authorized representatives of businesses with the legal capacity and authority to contract. Users represent and warrant that the information provided in the course of registering to use the One Fine Hire Platform and creating a User profile, including, without limitation, name, email address, and tax identification numbers are accurate, belong to the User, are up to date, and will be updated promptly in the event of any change. Users agree that they will only register to use, and use the One Fine Hire Platform for its intended uses.


Users agree not to solicit Hiring Managers or Recruiters, to use any other electronic platform that seeks to connect independent recruiters with hiring managers. Users agree not to contact or solicit any Recruiters for the purpose of circumventing the services available through the One Fine Hire Platform for the duration of the time they are registered and for a period of two years thereafter. Users represent and warrant that they will maintain at all times adequate insurance coverage as required by applicable law in their appropriate jurisdiction. Each User represents that he or she has all licenses, certifications, permits, insurance and skills necessary to perform any work accepted by the User. Such requests, issued through the One Fine Hire Platform, that include a description of the candidates needed, in exchange for fee based on the candidate's starting salary are hereinafter referred to as “Jobs”. Recruiters are able to apply to work on these Jobs by submitting an application containing their desired recruiter fee and are hereinafter referred to as "Applications". Once a Recruiter's Application is approved by the Hiring Manager, the candidates submitted by a Recruiter for an accepted Job are hereinafter referred to as "Candidates". Users represent and warrant that all information provided in any Job, Application, or Candidate is accurate and up to date and will make updates promptly in the event of any change. Users represent and warrant that they are independent contractors and not employees of One Fine Hire.

Users agree that One Fine Hire has sole and complete ownership of the One Fine Hire Platform, all content thereon and all intellectual property rights. As such, Users agree not to create or operate any platform, site or business that is based in whole or in part on the processes or content on the One Fine Hire Platform, without the written consent of One Fine Hire. Users agree not to copy, reproduce, modify, create derivative works, publish, distribute, transmit, publicly display or post on any other website any content from the One Fine Hire Platform without written consent from One Fine Hire. Users agree not to share their user names or passwords to the One Fine Hire website with anyone. Users agree to notify One Fine Hire immediately in the event they have reason to believe that their user name or password has been compromised. One Fine Hire may rely on any use of its website as authorized by the holder of the corresponding user name and password. One Fine Hire has the right to use all data that does not personally identify and/or cannot be combined with readily available information to identify an individual User to One Fine Hire for research and marketing, product enhancement and statistical analysis. Users grant One Fine Hire a non-exclusive, perpetual, irrevocable right and license to use the information they provide. Users agree not to injure the One Fine Hire Platform in any way, including through the creation or deployment of any virus or corrupted data or copying the One Fine Hire web site or hindering the functioning of the One Fine Hire Platform. One Fine Hire has the right, but not the obligation, to edit, modify, refuse to post, reject, eliminate or remove any information existing on or transmitted to the One Fine Hire Platform that it, in its sole discretion, believes is unacceptable or in violation of these terms or may create liability or may cause One Fine Hire to lose the services of its internet providers. Likewise, One Fine Hire shall have the right to terminate any User’s ability to access and use the the One Fine Hire Platform at any time without notice.

No Warranty

One Fine Hire does not make any representations and disclaims all warranties, expressed or implied, regarding the information contained in Recruiter profiles, Jobs, Applications, or Candidates posted, including but not limited to their accuracy, legality, safety, completeness or quality, as well as the identities of Users. One Fine Hire cannot and does not guarantee verification of each User’s identity and/or the information contained in any User profile, the suitability of any Recruiter to fulfill its obligations under an Job, or the ability or willingness of any Hiring Manager to fulfill its obligations with respect to a Job including that Hiring Manager’s ability to provide payment in a timely manner. Consequently, it is the User’s responsibility to verify the identity of any other User and that User’s suitability with respect to a Job including such User’s ability to provide payment in a timely manner. One Fine Hire’s website may contain links to web sites operated by third parties: These links are for convenience only and One Fine Hire is not responsible for their content, privacy policies nor is the link an endorsement of material on them. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONE FINE HIRE PLATFORM, ITS SERVICES, ALL USER PROFILES, AND JOBS ARE PROVIDED TO USERS HEREUNDER “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE ONE FINE HIRE PLATFORM AND SERVICE RESIDES WITH THE USERS. ALL OTHER CONDITIONS OR WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Limitation of Liability

IN NO EVENT WILL ONE FINE HIRE BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE ONE FINE HIRE PLATFORM OR SERVICES PROVIDED OR PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE OR OTHERWISE. USERS AGREE THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF ONE FINE HIRE, THAT ONE FINE HIRE'S LIABILITY SHALL BE LIMITED TO THE TOTAL SUM OF FEES FOR THE JOB, AND ONLY THAT JOB, THAT CAUSED SUCH LIABILITY.


Legal Compliance

Users agree to abide by all applicable laws, statutes, ordinances and regulations, including but not limited to, laws governing speech (e.g., defamation), copyright, personal privacy, confidentiality, discrimination and other individual rights in using the One Fine Hire Platform. No User may post content on or communicate through the One Fine Hire web site in violation of any applicable law, nor to require a User to violate any applicable law or agreement, including, without limitation any confidentiality or non-disclosure agreement.

Payment For Services

The Hiring Manager will post a Job with a salary range in US Dollars associated with the hiring of a Candidate stipulated in the Job. Once the Job is posted on the One Fine Hire Platform, Recruiters can apply to work on that job with an Application containing the percentage fee of a Candidate's starting annual salary they wish to receive for submitting a candidate that is subsequently hired for employment by the Hiring Manager. All fees set by the Recruiter in an Application do not involve One Fine Hire in any way. The Hiring Manager may then engage and approve multiple Recruiters to perform recruiting services for their Job. The final cost to the Hiring Manager will be based on the hired Candidate's annual salary included in the Candidate submission and the fee set by the approved Recruiter's Application in addition to the percentage fee charged by One Fine Hire. All such fees are stated inclusive of all sale, use, value added and similar taxes and no such tax amount shall be charged in addition to the payment. It is the sole discretion of the accepted Recruiter to recruit for the Job once accepted but the Recruiter is under no obligation to submit Candidates for a Job.


Billing For Hiring Managers

One Fine Hire will act as the payment agent between the Hiring Manager and the Recruiter for Candidates the Hiring Manager has made offers to and the Candidate has accepted said employment offer, whereby One Fine Hire will invoice the Hiring Manager. The Hiring Manager agrees to pay to One Fine Hire a Fee (as defined below) for software services which One Fine Hire renders in the United States of America . A “Fee” shall be a percentage of the hired Candidate's annual salary from the Candidate submission. Such Fee includes the Recruiter's fee as agreed upon in the Recruiter's Application for the Job in addition to One Fine Hire's standard charge. One Fine Hire's standard charge to Hiring Managers is five percent of the hired Candidate's annual salary. Payment will be due 30 days after the invoice is sent. If payment is not received within that time a late fee may be added to the invoice.


One Fine Hire reserves the right to change the Fees charged to Users at any time by posting notice of such changes on the One Fine Hire Platform. One Fine Hire's changes are effective immediately upon their inclusion on the website. One Fine Hire may in its sole discretion change some or all of its services at any time, with or without notice. In the event One Fine Hire introduces a new service, the fees for that service will be posted on the One Fine Hire web site and effective at the launch of the service.


Payment To Recruiters

Upon receipt of the the Hiring Manager's payment for the Job, One Fine Hire will issue payment equal to the Recruiter's Fee to the Recruiter. One Fine Hire will take reasonable steps to collect funds from Hiring Managers for invoiced Jobs, but will not be responsible for payment to the Recruiter in cases where Hiring Manager has not made funds available to One Fine Hire in the amounts owed. Neither the Hiring Manager nor One Fine Hire will reimburse Recruiters for expenses incurred while engaged in the performance of the Job. Recruiter's will not be issued payments for hired Candidates until verified tax documentation is provided to One Fine Hire.


Taxes & Reporting

All Users are responsible for payment and reporting of any taxes. One Fine Hire is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. Recruiters in the United States are required to provide a completed IRS Tax Form W-9, to be updated annually, or upon any change in the Users tax status. Recruiters in the United States will not be able to receive payments for hired Candidates unless there is a IRS Form W-9, that has been verified using the United States Internal Revenue Service’s database, on file with One Fine Hire. Users are responsible for all applicable taxes as purchasers or sellers of services, including any income tax, VAT, GST, HST, use tax, or any other local, state, municipal, provincial, territorial or federal tax of any kind, as well as any governmental reporting obligations thereto. Where applicable Users agree to accept electronic delivery of their IRS Form 1099, CRA Form T4A or any other governments tax forms. One Fine Hire may prepare tax documents for Users from time to time in its sole discretion. Each User’s IRS Form 1099, CRA Form T4A, or other tax documents will be available after its publication, in the User’s account. Once the IRS Form 1099, CRA Form T4A or other tax forms are published in the User’s account, the User may download it at anytime. One Fine Hire will provide a hard copy of any User’s tax documents upon request as required under relevant taxing authorities guidelines. One Fine Hire will suspend a User if that User’s taxing authority informs One Fine Hire of any outstanding tax liens against the User. One Fine Hire will suspend a User if any judicial or tax authority informs One Fine Hire of any outstanding order of wage garnishment against the User.


In the event of a dispute between or among a User and/or One Fine Hire that the parties cannot resolve, those parties agree to mediation, and if the parties cannot voluntarily reach agreement, they consent to have the mediator decide the dispute, which decision shall be final and binding on them. All disputes are governed by the laws of the state of California without any regard to the conflicts of law principles thereof. THE PARTIES WAIVE ANY RIGHTS TO TRIAL BY JURY REGARDING THE DISPUTE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USERS RELEASE ONE FINE HIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE WITH ONE OR MORE USERS. WHERE APPLICABLE, USERS WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


In regards to a dispute between a Hiring Manager and a Recruiter over the Job, Candidate, or any other issue the dispute is the responsibility of the Hiring Manager and the Recruiter. If the Hiring Manager and the Recruiter cannot resolve the dispute, those parties agree to mediation and if the parties cannot voluntarily reach agreement, they consent to have the mediator decide the dispute, which decision shall be final and binding on them.

User Account

To become a registered User and use the services available from the One Fine Hire Platform, a prospective User must register for an Account. A prospective User must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. A User must safeguard its identification for use of the One Fine Hire Platform (the “User ID”) and the password the User uses to access the One Fine Hire Platform. One Fine Hire may rely on any use of the One Fine Hire Platform with User ID and password as authorized by the User. A User’s User ID may not be transferred or sold to another party. If a User registers as a Hiring Manager, the User represents that the User has the authority to bind his employer to these Terms.


Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your One Fine Hire Account and your use of our services. Communications include, but are not limited to:


  • Agreements and policies you agree to.
  • Account statements and history.
  • Federal and state tax statements we are required to make available to you.
  • Information related to any other Account or transaction.

We will provide these Communications to you by posting them on the One Fine Hire website or emailing them to you via the email information in your Account. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date. It is your responsibility to keep your primary email address up to date so that One Fine Hire can communicate with you electronically. You understand and agree that if One Fine Hire sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, One Fine Hire will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add One Fine Hire to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the One Fine Hire website. If your email address becomes invalid such that electronic Communications sent to you by One Fine Hire are returned, One Fine Hire may deem your Account to be inactive, and you will not be able to transact any activity using your One Fine Hire Account until we receive a valid, working primary email address from you.


Independent Contractor Status and Relationship of the Parties

All parties to this Agreement are independent contractors and not joint venturers, franchisors or franchisees, partners, employees, agents or brokers of One Fine Hire. Recruiters represent and acknowledge that they are not employees of One Fine Hire, or the Hiring Manager. Recruiters are and shall identify themselves as independent contractors to any third party. As an independent contractor, the Recruiter represents that the Recruiter is an independently-established business which shall be treated as an independent contractor and not as an employee, partner or agent or joint venturer for federal, state, municipal, provincial, territorial and local tax purposes and for all other purposes. As independent contractors, Recruiters are solely responsible for any and all federal, state, municipal, provincial, territorial and local income tax and social security and unemployment taxes, pension plan contributions, health insurance contributions, any VAT tax, sales tax, use tax social services tax or other payroll taxes and any workers’ compensation contributions for itself and any of its employees. Recruiters will be responsible for maintaining all records and remitting any taxes and submitting any required documentation, returns or filings to the appropriate taxing authorities. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE AS AN INDEPENDENT CONTRACTOR AND THIS IS AN ESSENTIAL TERM OF THIS AGREEMENT. As independent contractors, Recruiters bear all of the costs and risks of operating their own business including risks of loss. Recruiters agree to report the income received pursuant to this Agreement consistent with the reporting requirements of an independent contractor. As independent contractors, Recruiters retain the right to provide services to other Users as well as entities not on the One Fine Hire Platform.


As an independent contractor, the Recruiter has the right to:

  • Determine the manner in which the work stipulated in a Job will be performed subject to Hiring Manager specifications and standards.
  • Determine when the work will be performed.
  • Determine what tools or equipment to use.
  • Reject any Job.
  • Determine where to purchase supplies and services.
  • Determine what work must be performed by a specified individual consistent with the Job.
  • Determine what order or sequence to follow in performing the work.


The Recruiter agrees that as an independent contractor, the Recruiter is solely responsible for the materials, supplies, equipment and all other costs incurred in the performance of providing the service and that there shall be no reimbursement for any materials, supplies, equipment or operating costs by One Fine Hire or the Hiring Manager. The Recruiter agrees that in performing any services secured through the One Fine Hire Platform, the Recruiter will be acting in the ordinary course of the Recruiter’s own business. The Recruiter agrees that it will not in any way identify its place of business or establishment as a place of business or establishment of One Fine Hire or the Hiring Manager.


Non-Disclosure and Non-Circumvent

Users shall not use or disclose any proprietary or confidential information with which they became familiar as a result of their access to the One Fine Hire Platform. The Recruiter agrees that all information regarding a Job between the Recruiter and a Hiring Manager who posted such Job, whether or not in writing, of a private, secret or confidential nature concerning the Hiring Manager’s business or financial affairs (collectively, “Proprietary Information”) is and shall be the exclusive property of the Hiring Manager. The Recruiter will not disclose any Proprietary Information to any person or entity other than the Hiring Manager or use the same for any purposes (other than in the performance of his/her duties as stipulated in the Job) without written approval by an officer of the Hiring Manager, unless and until such Proprietary Information has become public knowledge without fault by the Recruiter. While fulfilling the obligations of a Job for the Hiring Manager, a Recruiter will use his/her best efforts to prevent unauthorized publication or disclosure of any of the Hiring Manager’s Proprietary Information.


Recruiters understand and agree that the Job and Recruiter's Application approved by a Hiring Manager is between the Recruiter performing the service and the Hiring Manager procuring that service. The Recruiter is prohibited from directly or indirectly contacting the Hiring Manager's employer after the completion of the service and shall not circumvent the Hiring Manager or One Fine Hire in any way. All Users, at all times, understand and agree that contact with any other One Fine Hire User in a manner not consistent with the One Fine Hire Platform's intended purpose is strictly prohibited. This includes both online and offline methods of contact, such as email, phone, direct conversation, online platforms or any other methodology.


Job Requirements and Representations of Capabilities

Hiring Managers shall communicate the Job requirements in clear, simple language and with sufficient specificity to enable Recruiters to make informed decisions about whether or not to create an Application to recruit for the Job. Hiring Managers shall provide a description, company information, salary information, and any other necessary information to source Candidates for the Job.


Recruiters shall provide accurate information about their capabilities and skills in their profiles. Recruiters shall not violate any non-disclosure or confidentiality agreements by disclosing proprietary information in any form. Recruiters will apply only to those Jobs that they are capable of recruiting for in a timely fashion and in accordance with the Job specifications.


Indemnification

Users agree that One Fine Hire shall not be obligated to them for any claims, actions, demands, liabilities (“Claims”) arising directly or indirectly out of or from the Users’ acts or omissions in connection with the access or use of the One Fine Hire Platform, or any violation of any term of this Agreement, or breach or violation of a right of any third party or of any law, statute, ordinance or regulation. Users agree to indemnify, defend and hold harmless One Fine Hire, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this section, including but not limited to attorney’s fees.

Modification To Agreement

The terms of this Agreement may change from time to time. By using the One Fine Hire Platform, Users acknowledge their acceptance of these terms, however the terms may change.


Legal Assignment

One Fine Hire, has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without One Fine Hire’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.


Voluntary Assignment

Users affirm that they have carefully read this Agreement, understand the contents, have had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors and freely and voluntarily agree to all of the terms and conditions of this Agreement.


Notice

Please address all legal notices to Carl Ehrnrooth, Founder, OneFineHire, Inc. via email.


Validity

Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement.


Entire Agreement

This Agreement contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, nor understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. Notwithstanding the above and for the avoidance of doubt, any Subscription Agreement or Non-Disclosure Agreement between One Fine Hire and a User entered into outside of this Agreement shall continue in full force and effect.

This page was last updated February 20th, 2013.