This Agreement is made between the entity or individual receiving services ("Client") and Mercor.io Corporation ("Mercor"). Mercor 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 Mercor 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 Mercor without obtaining the express written permission of Mercor. 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 Mercor 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 Mercor system. Unauthorized data extraction constitutes theft of Mercor'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 Mercor. Mercor 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 Mercor, for any candidate that they have sourced from Mercor or the Mercor 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 Mercor. However, Mercor 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 Mercor's determination of the recruiting fee amount is final and binding.
Payment. Upon hiring a candidate presented by Mercor, 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. Mercor reserves the right to remove the Client from the Mercor platform at any time, at Mercor'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 Mercor. If the Client is removed from the platform, the Client will still be responsible for any outstanding fees owed to Mercor.
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. Mercor 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 Mercor platform. Mercor 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 Mercor 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 Mercor platform.