Terms and Conditions

These Terms and Conditions (these “Terms”) govern the provision of certain employment recruiting and placement services (the “Services”) by Redmont Talent Partners, LLC (“RTP”) to the person or entity (the “Company”) listed on the Statement of Work & Payment Agreement (the “Agreement”) entered into by and between RTP and the Company. By entering into Agreement or receiving the Services, the Company accepts and agrees to be bound and abide by these Terms. The Agreement shall be subject to these Terms, all of which are incorporated therein by reference. Capitalized terms used but not otherwise defined herein shall have their respective meanings set forth in the Agreement.

  1. Services. In connection with the Services, RTP will (a) identify and evaluate candidates based on the position’s requirements, (b) present qualified candidates for the Company’s consideration, and (c) comply with all applicable federal, state, and local laws; provided that Company acknowledges and agrees that RTP does not make, and has not made, any representations, warranties, or guarantees regarding any candidate’s performance and RTP shall not be liable for any damages arising from employment decisions made by the Company. Any changes to the position title, description, scope of work, start date, or estimated weekly hours set forth in the Agreement must be agreed to in writing by the parties.

RTP warrants that it shall perform the Services (a) in accordance with and subject to these Terms and the Agreement and (b) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. Except for the foregoing warranty in this paragraph, RTP makes no other representations or warranties and all other representations and warranties, express and implied, are hereby expressly disclaimed.

  1. Placement Fee; Payment Terms. The Company agrees to pay RTP directly in immediately available funds the Placement Fee in accordance with the payment terms set forth in the Agreement. The Placement Fee is deemed earned and payable upon acceptance of employment or engagement (either W-2 or 1099 contractor or consultant) by the candidate. All candidates submitted by RTP are considered RTP referrals for a period of 12 months from the date of submission. Accordingly, if the Company hires any such referred candidate during such period, then the Placement Fee is deemed earned and payable, regardless of the hiring process used.
  2. Company Obligations. The Company agrees to: (a) define the role, responsibilities, and hiring needs; (b) make all final hiring decisions; (c) conduct background checks and ensure compliance with applicable laws; (d) provide new hires with Company policies and expectations; (e) provide any necessary access, tools, or systems permissions; (f) supervise and manage the hired employee; (g) pay all agreed fees to RTP in a timely manner; (h) respond promptly to any reasonable requests from RTP for instructions, information, or approvals; and (i) cooperate with RTP in its performance of the Services.
  3. Confidentiality. Each party will keep confidential all non-public, proprietary, and confidential information disclosed to it in the course of performing and receiving the Services.
  4. Limitation of Liability. In no event shall RTP be liable to the Company or to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, exemplary, special, or punitive damages, whether arising out of breach of contract or otherwise, regardless of whether such damage was foreseeable and whether or not RTP has been advised of the possibility of such damages. In no event shall RTP’s aggregate liability arising out of or related to these Terms or the Agreement, whether arising out of breach of contract or otherwise, exceed the Placement Fee actually received by RTP.
  5. Advertising. Unless the Company indicates otherwise in a writing (email being sufficient) to RTP, RTP may use the Company’s name, image, and logo in connection with customary advertising on its website or promotional materials to reflect the engagement provided hereby, except that RTP may not publish or otherwise disclose any economic terms set forth in the Agreement.
  6. Miscellaneous. The parties acknowledge and agree that the services provided by RTP to the Company hereunder will be in the capacity of an independent contractor and not as an employee or agent of the Company. The Company shall not assign or delegate any of its rights or obligations hereunder or in the Agreement without RTP’s prior written consent. These Terms and the Agreement shall be governed by the laws of the State of Alabama. Each party agrees that it will not commence any action, suit, or proceeding of any kind against the other party in any way relating to the Terms or the Agreement in any forum other than in the state or federal courts located in Birmingham, Alabama. The prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees from the other party.
  7. Changes. RTP may revise and update these Terms from time to time in its sole discretion, and all changes are effective immediately when posted.