This Terms of Service and Agreement (the “Agreement”) is a legally binding document between Worca (the "Company"), the provider of an online platform (the "Platform"), and the Talent Partner (the "Talent Partner"). By accepting Worca’s invitation to sign up and access the Platform, the Talent Partner agrees to be bound by the terms and conditions set forth in this Agreement.
Worca: The Company providing the Platform that facilitates connections between Talent Partners and job postings submitted by Worca's clients.
Platform: Worca’s proprietary online system that facilitates the interaction between Talent Partners and Clients. The Platform allows Talent Partners to view job postings, submit candidates, manage engagement, and communicate with Clients. It also includes any associated technologies, tools, and services provided by Worca to support recruitment activities.
Client: Any company or organization that has signed up with Worca, posted job postings on the Platform, and is seeking to hire talent for available positions.
Job Posting: A detailed listing created by a Client on the Platform that specifies the role, responsibilities, qualifications, and other requirements for a position that is open for recruitment.
Talent Partner: Any individual recruiter, recruitment agency, company, or entity that sources and presents candidates for open positions via the Platform. If the Talent Partner is a company, all employees, agents, or representatives (including recruiters) working on behalf of the company are bound by the terms of this Agreement, and the company assumes full responsibility for their actions and compliance.
Mission: A formal request issued by Worca to the Talent Partner, either through the Platform or via written communication, offering a specific job posting. The Mission includes all relevant details about the job posting, such as the role, responsibilities, qualifications, and additional requirements. It also outlines key terms such as service fee rates, the guarantee period, and any other relevant conditions tied to the job posting.
Candidate: An individual sourced or presented by the Talent Partner for consideration for a Mission. Candidates must meet the qualifications and requirements set by the Client in the job posting of the Mission.
Fulfillment of Mission: The successful completion of a Mission, which occurs when the Talent Partner successfully places a candidate into the role specified in the Mission, and the candidate remains employed for the entirety of the guarantee period. Fulfillment also requires adherence to any additional conditions outlined in the Mission, including meeting the qualifications specified in the job posting and any performance or contractual requirements stipulated by the Client.
Guarantee Period: A specified period during which a placed candidate must remain employed in the role for the Talent Partner to be entitled to the service fee. The duration of the Guarantee Period is determined by the Client.
Service Fee: The compensation due to the Talent Partner upon successful placement of a candidate and completion of the Guarantee Period.
In providing services under this Agreement, the Talent Partner operates solely as an independent contractor in relation to Worca. It is expressly understood that this Agreement does not establish any partnership, joint venture, or employer-employee relationship between the Talent Partner and Worca. The Talent Partner shall not represent themselves as an employee or agent of Worca, nor shall Worca be liable for any actions or omissions of the Talent Partner.
4.1 Use of Platform
Talent Partners are granted access to the Platform to review job postings, gain access to Worca’s proprietary talent database, review the job posting requirements, and submit candidates for consideration. The Platform provides necessary tools for managing the engagement process, including communication with Worca and its clients, and monitoring the status of submissions.
4.2 Fair Use of Platform
Talent Partners must use the Platform in a fair and reasonable manner. Any abuse, including but not limited to misuse of access, unauthorized data extraction, submission of fraudulent candidates, or any actions that may compromise the integrity of the Platform, is strictly prohibited. Worca reserves the right to terminate access to the Platform in the event of any abuse or misconduct by the Talent Partner.
4.3 Offer of Job Posting via Mission
Worca must issue a Mission to the Talent Partner, either through the Platform or via written communication (such as email), in order to initiate the engagement process. The Mission will contain the necessary details about the job posting, including responsibilities, qualifications, service fee rates, the guarantee period, and any additional terms relevant to the job posting.
4.4 Acceptance of Mission
The Talent Partner must accept the Mission through the Platform or via written communication (such as email) before proceeding with candidate submissions or any actions related to the job posting. No Engagement is valid until the Talent Partner has formally accepted the Mission.
4.5 Candidate Submission Process
Once a Mission has been accepted, the Talent Partner must submit candidates through the Platform by providing all required information about the candidate, including their qualifications, resume, and any additional documentation requested in the job posting. A successful submission is considered valid when the following conditions are met:
The candidate meets the qualifications and requirements outlined in the job posting.The submission is timestamped on the Platform. In cases where multiple Talent Partners submit candidates for the same job posting, the Talent Partner who submits the candidate first, as recorded by the Platform’s timestamp, retains ownership of that candidate.Once submitted, the candidate cannot be submitted by any other Talent Partner for the same job posting, ensuring the first Talent Partner who submits retains ownership.
- The candidate’s information is complete and submitted through the Platform.
- The candidate meets the qualifications and requirements outlined in the job posting.
- The submission is timestamped on the Platform. In cases where multiple Talent Partners submit candidates for the same job posting, the Talent Partner who submits the candidate first, as recorded by the Platform’s timestamp, retains ownership of that candidate.
- Once submitted, the candidate cannot be submitted by any other Talent Partner for the same job posting, ensuring the first Talent Partner who submits retains ownership.
4.6 Fulfillment of Mission
A Mission is considered fulfilled when the Talent Partner successfully places a candidate into the role specified in the Mission, and the candidate remains employed for the entirety of the guarantee period. Fulfillment also includes adherence to all additional conditions outlined in the Mission, such as meeting the required qualifications and ensuring the candidate's compliance with performance and contractual expectations.
5.1 Legal Compliance
Talent Partners shall ensure that all candidates submitted through the Platform meet the necessary qualifications and comply with applicable local, national, and international laws, including those governing employment, immigration, and data privacy.
5.2 Accuracy of Information
Talent Partners are responsible for providing accurate and complete information regarding candidates. Misrepresentation of any candidate or their qualifications may result in termination of this Agreement and forfeiture of any fees due.
5.3 Communication
Talent Partners are expected to maintain timely communication with Worca and its clients throughout the recruitment process. This includes responding promptly to inquiries and providing updates as required.
5.4 Data Privacy and Protection
Talent Partners have a responsibility to protect the privacy of the candidates they submit through the Platform. They must ensure that all candidate data is handled in a secure and compliant manner, adhering to local laws of the candidate's jurisdiction, including but not limited to the GDPR, CCPA, or any other applicable data protection regulations. This includes:
- Obtaining Consent: Talent Partners must obtain explicit consent from candidates before submitting their data through the Platform, ensuring that candidates are aware of how their personal information will be used, stored, and processed.
- Secure Handling of Data: Candidate data must be securely stored and transmitted, using encryption and access control measures to prevent unauthorized access or disclosure.
- Local Law Compliance: Talent Partners must comply with all relevant local, national, and international data protection laws that apply to the candidate’s location, ensuring that personal data is processed lawfully and fairly.
- Breach Notification: In the event of any data breach involving candidate information, Talent Partners are required to notify Worca immediately, providing full details of the incident and any steps taken to mitigate the breach.
Failure to comply with these data privacy and protection obligations may result in termination of access to the Platform and potential legal consequences.
5.5 Non-Solicitation of Clients
Talent Partners agree that they will not, under any circumstances, directly contact, solicit, or engage with any Clients introduced by Worca with the intention of establishing a business relationship independent of Worca. Talent Partners must not attempt to bypass or circumvent Worca by offering their services directly to Clients outside of the Worca Platform. Any violation of this provision may result in the immediate termination of access to the Platform, forfeiture of any fees due, and potential legal action.
5.6 Representation and Responsibility of Company Talent Partners
If a Talent Partner is a company or recruiting firm, the individual accepting these terms on behalf of the company represents and warrants that they have the authority to bind the company and all its employees, agents, and representatives (including recruiters) to this Agreement.
The company, as the Talent Partner, agrees that:
- Responsibility for Recruiters: All recruiters, employees, agents, and representatives of the company are bound by the terms of this Agreement. The company is responsible for ensuring that all such individuals comply with the terms herein.
- Accountability for Misconduct: The company assumes full responsibility for any actions or misbehavior by its employees, agents, or representatives that violate these terms, including but not limited to breaches of data security, legal compliance, or non-solicitation clauses.
- Liability: In the event of a breach of this Agreement by any recruiter, employee, agent, or representative, the company will be held liable for any resulting damages, losses, or legal actions, and may face termination of its access to the Platform and forfeiture of any fees due.
6.1 Platform Access
Worca will provide Talent Partners with access to the Platform, where job postings will be made available. Worca reserves the right to update, modify, or discontinue any part of the Platform at its discretion.
6.2 Role as Facilitator
Worca’s role is limited to facilitating connections between Talent Partners and clients. Worca does not guarantee that candidates submitted by Talent Partners will be hired by clients, nor does it guarantee that Talent Partners will earn service fees.
6.3 Payment Processing
Worca shall ensure timely payment of service fees to Talent Partners, subject to the successful completion of the guarantee period as outlined in Section 4. Payments will be made in accordance with the terms agreed upon between Worca and the Talent Partner.
7.1 Informal Resolution
In the event of a dispute between Worca, the Talent Partner, or a client, the parties shall first attempt to resolve the dispute through good faith negotiations and informal discussions.
7.2 Binding Arbitration
If a dispute cannot be resolved informally, the parties agree to submit the matter to binding arbitration in accordance with the laws of the state of California. The arbitration will take place in Los Angeles County, California. The decision of the arbitrator shall be final and binding on all parties. Any arbitration proceedings shall be conducted in Los Angeles County unless otherwise agreed by both parties.
8.1 Termination by Either Party
This Agreement may be terminated by either Worca or the Talent Partner upon written notice. Upon termination, the Talent Partner will no longer have access to the Platform, and any outstanding obligations between the parties will be settled in accordance with the terms of this Agreement.
8.2 Termination for Cause
Worca reserves the right to terminate this Agreement immediately in the event of a breach by the Talent Partner, including but not limited to submitting false candidate information, non-compliance with legal requirements, or misuse of the Platform. In such cases, the Talent Partner forfeits any right to service fees.
8.3 Post-Termination Obligations
Upon termination of this Agreement, any obligations that arose prior to the termination date, including the payment of earned service fees, shall be honored in accordance with the terms herein.
9.1 Protection of Confidential Information
Talent Partners agree to protect the confidentiality of all client information, candidate details, and other proprietary or confidential data obtained through the Platform. Such information shall not be disclosed to any third party without the prior written consent of Worca or the client.
9.2 Data Security
Worca is committed to ensuring the security and confidentiality of both Talent Partner and Candidate data. We implement industry-leading measures to protect all data submitted or generated through the Platform. Our guarantee includes:
- Encryption: All data transferred to and from the Platform is encrypted using industry-standard protocols (such as TLS/SSL), ensuring data is secure during transmission.
- Access Controls: We maintain strict access controls to ensure that only authorized personnel can access data. Multi-factor authentication is used to protect all accounts and sensitive information.
- Data Storage: Worca securely stores all Talent Partner and Candidate data, with encryption mechanisms in place to protect information at rest.
- Compliance with Data Protection Laws: Worca complies with applicable data protection regulations, including GDPR, CCPA, and others, to ensure that all data is processed and stored lawfully and securely.
- Breach Response: In the unlikely event of a data breach, Worca will take immediate action to mitigate the risk and notify affected parties in accordance with applicable regulations.
Worca guarantees that all data entrusted to our Platform is handled with the utmost care and in full compliance with relevant data privacy laws.
10.1 Ownership of Worca’s Intellectual Property
All intellectual property related to the Platform, including but not limited to software, designs, trademarks, and content, remains the exclusive property of Worca. Talent Partners are granted a limited, revocable license to use the Platform solely for the purposes outlined in this Agreement.
10.2 Ownership and Use of Candidate Data
All candidate data submitted by the Talent Partner through the Platform, including but not limited to resumes, qualifications, and personal information, becomes the exclusive property of Worca. Worca retains full ownership, rights, and control over this data for any and all lawful purposes, including but not limited to facilitating recruitment processes, marketing, analytics, and future engagement with clients.
By submitting any candidate data, the Talent Partner acknowledges that they have the necessary consent from the candidate to provide this data to Worca and to transfer ownership to Worca upon submission.
10.3 Data Generated Through Platform Usage
Any and all data generated through the use of the Platform by the Talent Partner, including but not limited to activity logs, communication records, candidate submissions, and performance metrics, shall be owned by Worca. Worca retains full ownership, rights, and control over this data and may use it for purposes such as Platform improvements, analytics, business operations, or any other lawful purposes.
The Talent Partner does not retain any rights or ownership over any data generated through the Platform once submitted or created during their use of the Platform.
11.1 Worca’s Liability
Worca’s liability to the Talent Partner is limited to the amount of service fees due under this Agreement. Under no circumstances shall Worca be liable for indirect, incidental, or consequential damages arising from this Agreement or the use of the Platform.
11.2 Talent Partner’s Liability
The Talent Partner assumes liability for any claims, damages, or disputes arising from the submission of candidates, including but not limited to misrepresentation or failure to comply with legal requirements.
12.1 Indemnification by Talent Partner
The Talent Partner agrees to indemnify, defend, and hold harmless Worca, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Any breach of this Agreement by the Talent Partner, including but not limited to violations of legal compliance, misrepresentation of candidates, or breach of data privacy laws.
- Any claims or actions by third parties (including Candidates or Clients) resulting from the Talent Partner’s use of the Platform, including, but not limited to, intellectual property infringement, violation of privacy rights, or misuse of the Platform.
12.2 Indemnification by Worca
Worca agrees to indemnify, defend, and hold harmless the Talent Partner from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Any breach of this Agreement by Worca, including failure to fulfill payment obligations or provide access to the Platform as agreed.
- Any claims or actions resulting from Worca’s negligence or willful misconduct.
Worca reserves the right to amend or modify these Terms of Service at any time. Any changes will be effective upon posting on Worca’s website. Continued use of the Platform following such amendments constitutes acceptance of the updated terms.
This Agreement is governed by the laws of the state of California. Any disputes arising under this Agreement shall be resolved in the courts of California, subject to the provisions of Section 7 (Dispute Resolution).
This Agreement constitutes the entire understanding between Worca and the Talent Partner with respect to the subject matter herein and supersedes all prior agreements, representations, and understandings.
A Mission is a formal offer issued by Worca to the Talent Partner, initiating the engagement process for a specific job posting. Below is the required format and must-have information for each Mission:
Mission: [Job Title]
1. Job Posting Details
- Client Name: [Name of the Client]
- Job Title: [Title of the position]
- Job Location: [Location (e.g., Remote, On-site, Country)]
- Job Type: [Full-time, Part-time, Contract, etc.]
- Responsibilities: [Summary of key responsibilities for the role]
- Qualifications: [Minimum qualifications and skills required]
- Preferred Qualifications: [Optional or preferred qualifications, if applicable]
2. Compensation Details
- Salary/Compensation Range: [Salary range or compensation structure, if provided by the Client]
- Additional Benefits: [Any additional benefits (e.g., bonuses, healthcare, etc.)]
3. Service Fee Structure
- Service Fee: [Percentage or flat fee paid to the Talent Partner upon successful placement]
- Payment Terms: [Details of when the service fee will be paid, typically after the guarantee period]
4. Guarantee Period
- Guarantee Period: [Length of time (e.g., 30, 60, 90 days) the placed candidate must remain employed for the Talent Partner to receive the service fee]
5. Submission Requirements
- Candidate Submission Deadline: [Deadline for submitting candidates]
- Submission Guidelines: [Specific requirements, such as documents to be submitted (e.g., resume, cover letter, portfolio, etc.) and submission format]
6. Additional Terms
- Client-Specific Conditions: [Any specific requirements or conditions requested by the client]
- Legal or Compliance Requirements: [Any legal or compliance matters the Talent Partner needs to consider for the job posting]
7. Acceptance of Mission
- Date Issued: [Date when the Mission was sent]
- Deadline for Acceptance: [Date by which the Talent Partner must accept the Mission]
- Acceptance Method: [Indicate whether the Mission must be accepted via the Platform or via written communication (e.g., email)]
