1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and HireSeek, Inc. ("HireSeek," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the HireSeek platform, website, mobile applications, and related services (collectively, the "Services").
By creating an account, clicking "I Agree," or otherwise using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
2. Definitions
- "Platform" means the HireSeek website, mobile applications, APIs, and all associated services.
- "Freelancer" means an independent professional who uses the Platform to offer services to Employers.
- "Employer" means a business or individual who uses the Platform to find and hire Freelancers.
- "Contract" means an agreement between a Freelancer and Employer formed through the Platform.
- "Service Fee" means the fees HireSeek charges for facilitating transactions on the Platform.
- "Escrow" means the HireSeek payment holding service that protects both parties during a Contract.
3. Eligibility
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction.
The Services are not available to persons who are barred from using them under the laws of any applicable jurisdiction. HireSeek reserves the right to verify your eligibility at any time.
4. Account Registration
To access most features of the Platform, you must create an account. You agree to provide accurate, complete, and current information and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify HireSeek immediately at [email protected] if you become aware of any unauthorized use of your account. HireSeek is not liable for any loss or damage arising from your failure to protect your account credentials.
5. Services Overview
HireSeek provides a two-sided marketplace that connects Freelancers with Employers. HireSeek is not a party to any Contract between Freelancers and Employers, and is not an employer of any Freelancer on the Platform. HireSeek facilitates payments and provides escrow services as an independent intermediary.
HireSeek does not guarantee the quality, safety, legality, or any other aspect of the services provided by Freelancers, nor does it guarantee that Employers will pay agreed amounts (except as covered by our Escrow service).
6. Freelancer Obligations
As a Freelancer, you agree to:
- Accurately represent your skills, experience, and qualifications in your profile.
- Deliver work that meets the quality and specifications agreed upon in each Contract.
- Maintain confidentiality of any proprietary information shared by Employers.
- Not submit work created by others as your own without proper disclosure.
- Comply with all applicable laws regarding self-employment, taxes, and independent contractor status in your jurisdiction.
- Not accept payment for work outside of the HireSeek Platform during the term of any Contract and for 24 months thereafter with the same Employer, except as permitted by our Bring Your Own Freelancer policy.
7. Employer Obligations
As an Employer, you agree to:
- Post accurate and truthful job descriptions and requirements.
- Fund Escrow before a Freelancer begins work on any fixed-price Contract.
- Provide timely feedback and approvals to Freelancers.
- Not solicit Freelancers to work outside the Platform in violation of Section 6.
- Respect Freelancer intellectual property and not claim ownership of work outside the scope of the Contract.
- Comply with all applicable employment and contractor laws in your jurisdiction.
8. Fees and Payment
HireSeek charges Service Fees to facilitate transactions. Current fee schedules are available on our Pricing page and may be updated with 30 days' notice.
Freelancer Service Fees
- 10% of earnings for the first $10,000 billed with an Employer
- 5% of earnings between $10,000 and $50,000 with the same Employer
- 3% of earnings above $50,000 with the same Employer
Employer Service Fees
- 3% payment processing fee on all transactions
- No additional markups on Freelancer rates
All fees are non-refundable except where explicitly stated in our Refund Policy or required by applicable law.
9. Escrow and Disputes
HireSeek's Escrow service holds payments until work milestones are approved. For fixed-price Contracts, Employers must fund Escrow before work begins. Funds are released to the Freelancer upon Employer approval of each milestone, or automatically after 14 days if the Employer does not respond.
In the event of a dispute, either party may invoke HireSeek's Dispute Resolution process within 30 days of the disputed event. HireSeek's decision in disputes is final and binding, subject to applicable law. HireSeek reserves the right to charge a dispute fee for frivolous disputes.
10. Intellectual Property
Unless otherwise agreed in a Contract, Freelancers retain ownership of all work product until full payment is received, at which point ownership transfers to the Employer. Both parties are encouraged to specify IP ownership clearly in their Contract terms.
HireSeek's platform, brand, logos, and technology are owned by HireSeek, Inc. You may not reproduce, distribute, or create derivative works of HireSeek intellectual property without express written permission.
11. Prohibited Conduct
You may not use the Services to:
- Post false, misleading, or fraudulent information.
- Harass, abuse, or harm other users.
- Circumvent payment or escrow systems.
- Submit fake reviews or manipulate the rating system.
- Scrape or harvest data without express written permission.
- Use the Platform for any illegal purpose or in violation of any law.
- Engage in spam, phishing, or unauthorized advertising.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIRESEEK AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO HIRESEEK IN THE SIX MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless HireSeek and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.
14. Termination
HireSeek may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, if we are required to do so by law, or if we decide to discontinue the Services.
You may delete your account at any time from Settings → Privacy → Account Status. Termination does not relieve you of any outstanding payment obligations or obligations arising from Contracts entered into prior to termination.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in San Francisco, California, except that either party may seek injunctive relief in court for intellectual property violations.
16. Changes to Terms
HireSeek may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Platform at least 30 days before changes take effect. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: [email protected]
- Mailing Address: HireSeek, Inc., 548 Market St, Suite 2300, San Francisco, CA 94105