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.
Governing Law and Jurisdiction
Governing Law.
These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms
or the use of the Services shall be governed by and construed in accordance with the laws of the
State of Delaware, United States of America, without regard to its conflict of law principles.
Jurisdiction and Venue.
Any dispute, claim, or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the
state or federal courts located within the State of Delaware, United States, and the parties hereby irrevocably submit
to the personal jurisdiction and venue of such courts.
Each party waives any objection based on inconvenient forum or lack of personal jurisdiction.