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Terms and Conditions

Atlas One Technologies, Inc.

10100 Santa Monica Blvd, Ste 300 Los Angeles, CA 90067

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Terms of Business for Recruitment Services

1. Applications of these Terms

1.1 All business relating to recruitment services undertaken by Atlas One is transacted subject to these Terms, all of which shall be incorporated in any agreement between Atlas One and the Customer.

1.2 This agreement contains the entire contract between the Parties and unless otherwise agreed in writing by the Parties, this Agreement prevails over any other terms of business or purchase conditions (or similar) put forward by the Customer.

1.3 No variation or alteration to this agreement shall be valid unless the details of such variation are agreed between Atlas One and the Customer, are set out in writing and a copy of the varied terms is given to the Customer stating the date on or after which such varied terms shall apply.

1.4 These Terms supersede all previous terms and conditions of business of Atlas One in respect of the subject matter of these Terms whether written, oral or implied.

1.5 The Customer shall be deemed to have agreed and accepted these Terms upon payment.

1.6 Changes to this Agreement can be done in writing to the Parties in the following ways:

1.6.1 Changes, amendments or updates to this agreement are made in writing and confirmation with both Parties.

1.6.2 Email confirmation by both Parties with a reference to this agreement, sent from the addresses specified upon signup are considered as valid changes.

2. Definitions and Interpretation

2.1 Each term starting with a capital letter and not defined elsewhere in these Terms is as defined in the Schedule to these Terms.

2.2 Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.

2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

2.4 Atlas One and the Customer also individually a ”Party” and together the ”Parties”.

3. Atlas One’s Duties

3.1 Atlas One provides its Customers with recruitment services for mutually agreed searches to recruit new employees for the Customer.

3.2 The services consist of the following parts to achieve the goals of sourcing and placing new additional employees for our Customer:

3.2.1 Complete Intake Meeting

3.2.2 Establish channel of communication on Slack

3.2.3 Establish weekly recurring calibration call with the Hiring Manager

3.2.4 Talent Market Map report 

3.2.5 Provide predictive pipeline metrics

3.2.6 Building of Interview Guide

3.2.7 Outreach to candidates

3.2.8 Candidate screening

3.2.9 Submitting of candidates to hiring managers

3.2.10 Guidance and facilitation of candidates during interview process together with the Customer

3.2.11 Other separately assigned activities related to recruiting new employees for the Customer

3.3 Atlas One will use its reasonable endeavours to introduce suitable candidates to the Customer with due regard to any specifications submitted by the Customer and accepted by Atlas One.

3.4 If a candidate that Atlas One places leaves the company within the first 6 months of the Agreement for any reason, a free backfill can be provided to replace the candidate.

3.5 If a candidate that Atlas One places leaves the company within the final 6 months of the Agreement, the Agreement can be ended or the remaining months reduced from a new backfill.

4. The Customer’s Duties

4.1 The Customer shall provide to the Atlas One all information which is reasonably required for Atlas One to provide Services, including but not limited to:

4.1.1 The identity and nature of the Customer’s business

4.1.2 Information on the position which the Customer seeks to fill, including the type of work, location and expected working hours

4.1.3 The notice period that the Candidate is required to give, and entitled to receive, to terminate Engagement with the Customer

4.2 The Customer must notify Atlas One immediately of any offer of Engagement that is made to a Candidate.

4.3 The Customer must notify Atlas One immediately of any candidate’s acceptance to an offer of Engagement.

4.4 The Customer must provide Atlas One with a copy of the job offer and contract given to the Candidate within 7 days of offering the Engagement.

4.5 The Customer must provide Atlas One with reason and proof of the candidate’s contract termination if the Customer wishes to end the Agreement.

4.6 The Customer acknowledges that Atlas One is under no obligation to provide the Services until all required information has been provided by the Customer in accordance with sub-Clause 4.1.

4.7 The Customer will provide Atlas One with full administrative access to their Applicant Tracking System if they will not be using the Atlas One Applicant Tracking System. 

4.8 The Customer will identify and provide one Hiring Manager per search. The Hiring Manager is defined as the individual who is responsible for the hiring of the Candidate and who they will directly report to

4.9 The Hiring Manager agrees to participate with Atlas One in the following ways throughout the Agreement: 

4.9.1 Provide calendar availability

4.9.2 Be solely responsible for all internal communications regarding the search(es)

4.9.3 Agree to partake in communication via a dedicated Slack channel 

4.9.4 Participate in intake meeting within 7 days of signup

4.9.5 Participate in the Talent Market Map meeting within 7 days of the intake meeting

4.9.6 Participate in weekly recurring calibration calls throughout the Agreement

4.9.7 Take responsibility for the implementation of coaching and consulting from the Atlas One Talent Partner to ensure the success of the project, including and related to any potential part of the entire hiring process

4.9.8  Provide feedback on candidates within 48 hours of submittal, unless otherwise agreed

4.9.8  Conduct Hiring Manager screening calls with qualified candidates as necessary and in accordance with the Service Level Agreement Be the directly responsible individual and decision-maker for the role(s) at hand

4.9.10 Information on the position which the Customer seeks to fill, including the type of work, location and expected working hours

5. Fees and payment

5.1 Atlas One aims to be a trusted and sustainable talent partner for its Customers by aligning the financial incentives with the growth Customer growth, as well as sharing key risks when it comes to making hiring decisions. Atlas One has found success in doing this by stepping away from traditional pricing models used in the recruitment agency market and providing remote recruiting services through annual payment plans.

5.2 Atlas One charges a fee per each individual search, defined below:

5.2.1 Fee commencement: The Agreement begins on the date the first payment is paid and the search for the agreed position(s) commences.

5.2.2 Services provided during search period: No later than 7 business days from commencement of payment, the Customer is provided with access to a candidate tracker which tracks search pipeline performance with metric analysis and prospect responses. If agreed separately, Atlas One provides enhanced profile summaries for interviewed candidates which include audio highlights from screening interviews. Contact is made available to a search team lead who is managing the search.

5.2.3 Duration of Agreement: the Agreement is in place 12 months from the date that each search begins, unless otherwise agreed by both parties.

5.2.4 Fee amount during search period:  Fixed rates as outlined on pricing decks and as agreed between both parties, paid monthly.

5.2.5 Collection of fees: Fees are collected via automatic bank transfer through payment platform Chargebee. The fees can be paid either via ACH payment or credit card and will automatically withdraw each month for the duration of the Agreement

5.3 Renewal of Subscription

5.3.1 The Agreement will automatically renew after 12 months unless otherwise agreed upon between the Customer and Atlas One.

5.3.2 When the Agreement is renewed for another 12 month cycle, the Customer can avail of the same number and type of hires as was agreed upon at the beginning of the engagement, at the same rate.

5.3.3 If the Customer wishes to change the number or type of roles being hired for when a new 12 month cycle begins, Atlas One will make adjustments to the billing accordingly, as agreed upon by both parties.

5.3.4 If the Customer does not wish to proceed with the renewal, Atlas One requires written notice at least 1 month before a 12 month cycle ends.

5.3.5 The Atlas One Agreement secures pricing for the Customer for a 24 month period, after which pricing is subject to change based on market conditions.

6. Term of the Agreement and Termination

6.1 Initial Term: the Agreement is effective on the date that it is signed by or otherwise on the date that the first payment is made.

6.2 The Customer grants Atlas One the exclusive right to conduct its Services for the duration of the Agreement.

6.3 If the Customer sources and hires another candidate for the role during the course of the search, the search will be considered as completed by Atlas One and the fee will be applied to this candidate.

6.4 If the Services of Atlas One lead to the employment of a person other than the position outlined in the original Agreement, the same amount will be charged for the new position under the same terms.

6.4.1 Pivot of Search: Atlas One allows the Customer the ability to pivot the search to another of the same plan type once during the first 3 months of the Agreement. This is subject to review and must not be in breach of Exclusivity.

6.5 Atlas One has the right to terminate the Agreement with the Customer if the Customer did not see through their duties as outlined in Section 4. 

6.6 If the Customer hires a candidate sourced and contacted by Atlas One after the search has been put on hold or terminated, the Agreement will be reopened to cover the remaining amount due for the search.

6.7 If the Customer hires a candidate sourced and contacted by Atlas One within a 12 month period of the original date contacted by Atlas One, the Customer agrees to pay in full the amount of the service agreement.

6.8 Any notice under this Agreement shall be in writing and sent to the addressee at the last known address by first class post, fax or to a default email address specified for the purpose.

6.9 Notice shall be deemed to have been received, in the case of post on the postal delivery date following the date of posting, in the case of fax on the date of transmission, and in the case of email on the date of acknowledgement of receipt.

7. Confidentiality and data protection

7.1 All information relating to a candidate is confidential and subject to the data protection laws (e.g. GDPR) and is provided solely for the purpose of providing work-finding services to the Customer.

7.2 Such information must not be used for any other purpose nor divulged to any third party and the Customer undertakes to abide by the provisions of the data protection laws in receiving and processing the data at all times.

7.3 Additionally, Atlas One must comply with data protection laws and maintain the privacy of the Customer’s data as requested and required.

7.4 Information relating to the Atlas One’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.

8. Liability

8.1 Atlas One shall at all times comply with all applicable laws and regulations relevant to relationship with the Customer or a candidate, including but not limited to the data protection laws and agree that no action shall be taken which would cause the Customer to be in breach of responsibilities under any applicable legislation.

8.2 The Customer shall not be liable for any loss, damage, delay or compensation of any kind whether in contract or tort, or for breach of the Agreement, or data protection laws, which may arise out of this Agreement, save to the extent that exclusion of liability is prohibited by law.

8.3 The Customer shall indemnify Atlas One against any losses incurred by the Customer arising out of any non-compliance with the data protection laws, and/or as a result of any breach of this Agreement by Atlas One.

8.4 It is hereby agreed that the liability terms set out herein are reasonable.

9. Governing law and jurisdiction

9.1 The laws of the United States of America govern this agreement and the US courts shall have sole jurisdiction.

10. Severability

10.1 If any of the provisions of this agreement shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

Schedule

Agreement:

The agreement of the recruitment services that the Customer will enter into.

Candidate:

A person Introduced by Atlas One to the Customer to be considered for Engagement

Customer:

Any person or company to whom a Candidate is introduced.

Hiring Manager:

The individual who is responsible for the hiring of the Candidate and who they will directly report to.

Engagement:

Any engagement, employment, or use by a Customer of a Candidate for part-time, full-time, temporary or contract work, with or without a contract.

Services:

The services provided by Atlas One to the Customer as set out in these Terms and Conditions.

Term:

The terms between Atlas One and the Customer as set out on this agreement.