NO GUARANTEES: Client acknowledges that Radar Hire (“RH”) does not guarantee the success of any candidate placed with Client. The success of an Elite Talent is influenced by various factors, including Client’s company culture, communication processes, training efforts, and other business-specific dynamics. While RH commits to making every effort to facilitate successful placements, outcomes may vary, just as they would with any other hiring method. RH pledges to exercise its best efforts to support Client and the Elite Talent engaged through its services.
RH’S RESPONSIBILITIES: A key advantage of engaging with RH is the mitigation of risks associated with U.S. labor laws. In this regard, RH is responsible for:
Employing and compensating Elite Talent directly;
Ensuring compliance with the labor laws applicable in the Elite Talent’s home country or any other relevant jurisdiction.
CLIENT RESPONSIBILITIES: In addition to making timely payments of the agreed-upon fees, Client agrees to:
Treat Elite Talent with the same dignity and respect afforded to their local employees;
Avoid providing direct compensation or benefits to Elite Talent, which could create the appearance of an employer-employee relationship between Client and the Elite Talent;
Refrain from soliciting, hiring, or engaging—either directly or indirectly—any current or former Elite Talent of RH. Any attempt to do so, whether through Client’s business entities, affiliates, or any related organization, constitutes a material breach of this Agreement. Given the difficulty in calculating damages, Client agrees that RH shall be entitled to liquidated damages of $25,000 per violation;
Comply with this Agreement and adhere to any reasonable policies set forth by RH.
VIRTUAL DESKTOP USAGE: RH may provide Clients with a Virtual Desktop for Elite Talent to perform their tasks efficiently and securely. These virtual desktops are intended solely for business purposes, and RH configures them to allow only authorized software installations. Clients may request software modifications, which may take up to 72 hours to implement.
Client agrees to:
Ensure the Virtual Desktop is used effectively by the Elite Talent;
Maintain the security and integrity of stored data;
Manage and back up critical information to prevent data loss;
Report any unethical or illegal use of the Virtual Desktop by an Elite Talent;
Cooperate with RH’s IT department in resolving technical issues;
Adhere to all applicable company policies and legal requirements when using the Virtual Desktop.
RH makes no warranties regarding the Virtual Desktop’s reliability, performance, or security beyond what is reasonably expected.
SERVICE AGREEMENT ENFORCEMENT
Chargebacks: Client waives the right to initiate chargebacks, with all disputes subject to the terms of this Agreement.
No Refunds: Due to variations in international labor laws, RH must compensate Elite Talent for worked hours, severance, and other employment costs. Additionally, RH invests considerable resources in recruitment and onboarding. Consequently, no refunds will be provided.
Governing Law & Jurisdiction: This Agreement is governed by the laws of Nevis. The parties consent to exclusive jurisdiction in Nevis and waive the right to a trial by jury. The prevailing party in any legal dispute shall be entitled to reimbursement for reasonable legal fees and costs.
Definition of “Elite Talent”: For the purposes of the liquidated damages clause, an Elite Talent refers to any individual, whether classified as an employee or independent contractor, who has had a contractual relationship with RH in the past 18 months.
LIABILITY LIMITATION: Under no circumstances shall RH or its affiliates be liable for any special, incidental, indirect, or consequential damages arising from the use, performance, or actions of Elite Talent, whether intentional, negligent, or otherwise. RH provides no warranties regarding the work quality of Elite Talent. It is Client’s responsibility to implement appropriate safeguards for sensitive information and business practices, as would be expected with any other employee or contractor.
ADDITIONAL PAYMENTS: Any additional payments, such as bonuses or salary increases, must be processed through RH. A processing fee of 3%, along with any applicable pass-through costs (e.g., required payroll taxes, benefits), will be applied.
WORK HOURS: Elite Talent may work a maximum of 10 hours per day and 40 hours per week from Monday to Friday. Any additional hours must be pre-approved by the Elite Talent and will incur additional fees.
PAID TIME OFF, LEAVES, AND HOLIDAYS: RH sources talent from multiple countries, each with unique employment laws governing vacation, sick leave, and other benefits. Client acknowledges and accepts the country-specific terms applicable to its Elite Talent.
NON-DISCRIMINATION POLICY: Client agrees not to discriminate against Elite Talent based on any legally protected characteristic, including but not limited to race, national origin, age, gender, sexual orientation, disability, religion, or military status, in compliance with applicable laws.
SEVERABILITY: If any provision of this Agreement is deemed invalid or unenforceable, the remaining terms shall remain in full force and effect.
JOINT-EMPLOYER LIABILITY: Client acknowledges that noncompliance with wage, overtime, or discrimination laws may result in joint-employer liability. In such cases, Client agrees to indemnify and hold RH harmless.
UPDATES TO TERMS & CONDITIONS: RH reserves the right to modify or update these Terms & Conditions at its sole discretion, regardless of the date this Agreement was originally signed.
