Terms of service

Last updated January 6, 2025

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Client Terms of Service

This Agreement is made between the entity or individual receiving services ("Client") and OpenJobs. OpenJobs will provide recruitment services for the Client, which include identifying, evaluating, and presenting potential candidates ("Candidates") for work to the Client.

• Non-circumvention. The Client acknowledges that OpenJobs has a proprietary interest in the relationships it forms with the candidates it identifies and presents to the Client. The Client agrees that it will not, under any circumstances, directly or indirectly hire, solicit, entice away, or establish direct compensation structures with any candidate presented by OpenJobs without obtaining the express written permission of OpenJobs. Any violation of this provision shall be considered a material breach of this Agreement and will result in immediate termination and liability for damages.
• No Data Extraction. The Client agrees that it will not extract any data from the OpenJobs platform, including but not limited to, scraping user data, resumes, or interview information. The Client may only view information on the platform and may not copy, download, or otherwise remove any data from the OpenJobs system. Unauthorized data extraction constitutes theft of OpenJobs's proprietary information and will be prosecuted to the fullest extent of the law.
• Salary negotiations. The Client agrees that it will not negotiate salaries directly with candidates. If the Client would like an adjustment to a candidate's salary, the Client must discuss this with OpenJobs. OpenJobs will handle all salary negotiations with candidates to ensure fairness and consistency.
• Recruiting fee. If the Client chooses to pay any candidate directly through a direct relationship instead of paying the candidate through OpenJobs, for any candidate that they have sourced from OpenJobs or the OpenJobs platform in any way, the Client agrees to pay a recruiting fee. The recruiting fee is typically equal to 30 percent of the annual subscription amount, as determined by OpenJobs. However, OpenJobs reserves the right to adjust this percentage at its sole discretion, based on factors including but not limited to, industry norms, geographic location, and the candidate's skills, experience, and education. The Client acknowledges that OpenJobs's determination of the recruiting fee amount is final and binding.
• Payment. Upon hiring a candidate presented by OpenJobs, the Client shall pay the recruiting fee within 30 days of the candidate's start date. If the Client fails to make payment within this period, interest will accrue on the unpaid amount at the rate of 1.5% per month or the maximum allowed by law, whichever is less.
• Removal from Platform. OpenJobs reserves the right to remove the Client from the OpenJobs platform at any time, at OpenJobs's sole discretion. Reasons for removal may include, but are not limited to, failure to make payments, late payments, mistreatment of contractors, violation of these terms of service, or any other reason as determined by OpenJobs. If the Client is removed from the platform, the Client will still be responsible for any outstanding fees owed to OpenJobs.
• Indemnity. Each party agrees to indemnify and hold harmless the other party, its employees, officers, directors, and agents from any and all claims, liabilities, damages, and expenses arising out of or relating to its respective performance of this Agreement.
• Modification of Terms. OpenJobs reserves the right to modify, update, or change these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms of Service on the OpenJobs platform. Openjobs will make best efforts to notify users of any material changes to the Terms of Service, such as through email or a prominent notice on the platform. However, it is the Client's responsibility to review the Terms of Service periodically for any updates or changes. The Client's continued use of the OpenJobs platform after the posting of any changes constitutes their acceptance of the revised Terms of Service. If the Client does not agree to the revised Terms of Service, they must discontinue their use of the OpenJobs platform.

Worker Terms of Service

This Agreement is made between the individual performing services ("Worker") and OpenJobs. Worker may perform services for one of OpenJobs's clients, partners, and contacts ("Client").

• Non-circumvention. Worker acknowledges that OpenJobs has a proprietary interest in the relationships it has with its clients, partners, and contacts. Worker understands that they may be introduced to these parties directly or indirectly through the course of their work. Worker agrees not to work directly or indirectly, in a paid or unpaid capacity, for any individual, company, or organization that OpenJobs introduces them to during the term of their engagement and for a period of 2 years following the termination of their engagement with OpenJobs, without obtaining the prior written consent of OpenJobs. Any breach of this provision shall be considered a material breach of this agreement and may result in legal action.
• Salary negotiations. The Worker agrees to conduct all salary negotiations and discussions about compensation exclusively through the OpenJobs platform. Direct negotiations with OpenJobs's Clients, partners, or contacts outside of this platform are prohibited and may result in termination of engagement with OpenJobs. Compensation terms offered through OpenJobs are final and binding; any changes must be processed via the OpenJobs platform. This ensures transparency and consistency in salary negotiations, maintaining professional integrity within the OpenJobs community.
• Modification of Terms. OpenJobs reserves the right to modify, update, or change these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms of Service on the OpenJobs platform. OpenJobs will make best efforts to notify users of any material changes to the Terms of Service, such as through email or a prominent notice on the platform. However, it is the Worker's responsibility to review the Terms of Service periodically for any updates or changes. The Worker's continued use of the OpenJobs platform after the posting of any changes constitutes their acceptance of the revised Terms of Service. If the Worker does not agree to the revised Terms of Service, they must discontinue their use of the OpenJobs platform.