Ontop Match 🧨

These Ontop Match Terms of Service (“Terms”) form the basis of the legally binding contract between you and us.

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🧐 PLEASE READ THESE TERMS CAREFULLY BEFORE USING ONTOP MATCH SERVICES. THESE TERMS ARE NON-NEGOTIABLE.

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You will be informed if these Terms are updated as described under Section 10 - Changes.

1. Let's Begin! Ontop Match Overview 🧨👥

Ontop offers Ontop Match Services to help its Clients find the best professionals for their business. Once our Clients have matched with the perfect candidate, we will help you to onboard them through our Platform (as defined below). Ontop Match  is provided as an additional service exclusively available for active Clients on the Ontop Platform.

2. Terms Applicable to Ontop Match

2.1 💻 Ontop Platform Terms of Service. By using our Ontop Match Services, you agree to use and to be bound by the Ontop Platform Terms of Service, (“Ontop Platform Terms of Service”). Any capitalized terms used and not defined in these Terms will follow the definitions provided under the Ontop Platform Terms.

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2.2 🔐 Privacy Policy. Your access to Ontop Match Services and the data and/or information you provide in relation to Candidates and the selection process are also governed by our Privacy Policy, which is incorporated into these Terms by reference. 

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2.3 🧺 AML Policy. Your access to Ontop Match Services is subject to our Anti-Money Laundering Policy.

3. Who or What is That? 🙋

🤵🏻‍♂️“Candidate(s)” means the prospective individuals that can provide remote-only professional services to Clients, with the intention to onboard them as Workers on the Ontop Platform. 

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🤝“Match Partner(s)” or simply “Partner(s)” means the service providers that Ontop may engage in order to provide Ontop Match Services to Clients.

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🧨🛎️“Ontop Match Services” means the talent acquisition services that include recruitment and selection processes that Ontop and/or its Partners provides to Clients, for the purpose of identifying suitable Candidates for Clients to onboard as Workers on the Ontop Platform.

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👉“You” and "your" means means the Client that engages Ontop Match Services to find suitable Candidates to onboard as Workers on the Ontop Platform.

4. Signing up for Ontop Match Services ✍

4.1 Ontop Match Signup. In order to sign up for Ontop Match Services, the Client must be an active User of the Ontop Platform and pay the respective Fees to onboard Workers through our Platform. The first step for a Client to sign up for Ontop Match Services is by filling out this form with all of the required information and acceptance of these Terms.

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4.2 Client Point of Contact. For purposes of these Terms and to provide Ontop Match Services, Clients need to name a representative or point of contact that will discuss payment terms, professional profiles and any other information regarding the relationship between Client and Ontop.

5. Ontop Match Candidate Selection and Hiring Process 🔁

5.1  Job Position Requests. By signing up for Ontop Match Services as mentioned in Section 4.1 above, the Client provides the details about the desired Candidate, such as role and job description, among others (“Job Position Request”). The Candidate requirements in the Job Description request, such as compensation level and job description, need to be reasonable and proportionate to market conditions.

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5.2 Kick-off Meeting. Within one (1) business day of the Job Position Request, or as otherwise scheduled by the Client, Ontop and one of its selected Partners (if applicable) will have an initial meeting with the Client in order to fully understand the Client’s needs for the specific position based on the basic information provided at signup  (“Kick-off Meeting”). 

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5.3 Shortlist of Candidates. Search for Candidates. Once the Kick-off Meeting has been concluded, Ontop and/or its Partners will initiate the search for suitable Candidates. Within seven (7) business days of the Kick-off Meeting, Ontop will provide the Client with a shortlist of up to  five (5) Candidates.

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5.3.1 Shortlists in cases of Candidate Scarcity. Depending on the profile and role complexity of the Candidate in question, as well as the prevalence of such individuals within the desired market, the number of Candidates in the shortlist provided to the Client may be lower than provided in Section 5.3 above. However, Ontop and its Partners will make all best efforts to find as many suitable Candidate matches as possible.

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5.4 Initial Client Candidate Selection and Assessment Proposal. Once the Client has received the shortlist of Candidates, it will have three (3) business days to select those Candidates to move forward with the selection process. Together with the selected Candidates, the Client will send Ontop and/or its Partners an assessment proposal with additional criteria to evaluate certain technical abilities that the Candidate must possess for the position (“Assessment Proposal”).

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5.5 Technical Assessment. Based on the Assessment Proposal, Ontop and/or its Partners may perform a technical assessment of the Candidates to determine their alignment with the role (“Technical Assessment”) within a reasonable timeline agreed upon with the Client. The criteria for elimination of Candidates will be applied if the Client has specified them in the Assessment Proposal. If conducting the Technical Assessment is not reasonably practicable by Ontop and/or its Partners, the Client will be responsible for conducting the Technical Assessment. 

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5.6 Candidate Interview Process. Based on the results of the Technical Assessment and criteria for elimination provided by the Client, Ontop and/or its Partners will schedule interviews between the Client and the Candidates that have passed the Technical Assessment within a reasonable timeline. Given that interviews will depend on the availability of the Candidate and Client representatives, we make no guarantees in relation to the time period for conclusion of the interviews.

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5.7 Additional Interviews. The Client may ask for additional interviews, but these must either be agreed upon with Ontop in advance or conducted by the Client independently, especially if the Client has their own advanced internal screening processes.

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5.8 Client Responsibility for Interview/Selection Process. Clients are fully aware that Ontop and/or its Partners do not provide talent acquisition services that include advanced selection processes (which may include specialized testing of language proficiency or logic, among others), salary calculations for employees and/or job offer drafting, among others. Ontop and/or its Partners cannot search for Candidates in a specific city, country or region, nor can it respond to requests to search for native language speakers in a region that speaks a different language; the territory for seeking Candidates can be limited by geographical regions, and Ontop reserves the right to determine the extent of said regions according to its capabilities and will agree upon the regions with the Client. Similarly, Ontop does not perform requests to search for Candidates based on racial, ethnic or religious profiles or perform any discriminatory practices in identifying Candidates; however, Ontop reserves the right to accept or decline such requests from Clients on a case-by-case basis, if they are deemed reasonable under the circumstances. It is the Client’s  sole responsibility to ensure that the intended salary/compensation has a reasonable level of accuracy in relation to the job description, role/position and/or scope of services to be provided by the Candidate(s).

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5.9 Client Final Selection of Candidates. Once the interview process is concluded, the Client will select the Candidate(s) to be hired as Workers on the Ontop Platform. The Client should inform Ontop and/or its Partners within a reasonable time period of final selection of Candidates.

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5.10 Background Checks. Once the Client has successfully selected its intended Candidates, the Client may request that Ontop perform background checks on the Candidates outside of the Ontop Platform before they are onboarded as Workers on the Platform. In the event that a Client requests background checks, Ontop will charge an additional fee to the Ontop Match Fees.

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5.11 Ontop Match Service Proposal. Unless stipulated otherwise in the service proposal provided by Ontop to the Client, Candidate selection process described in this Section 5 will be conducted within a reasonable time period. The service proposal may determine additional conditions for the selection process, as per negotiations between Ontop and the Client.

6. Ontop Match Service Fees 🫰💵

6.1 Ontop Match Success Fees. Ontop may charge the Client success fees for Ontop Match Services in the event that a Candidate is onboarded to the Ontop Platform as a Worker or bundle fees together with the fees relating to Worker access to the Ontop Platform (“Ontop Match Fees” or “Fees”). The type of Ontop Match Fees will be agreed upon in the service proposal between the Client and Ontop before the provision of Ontop Match Services. 

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6.2 Monthly or Yearly Fees. The Fees will be based on the yearly compensation of the Candidate that has been onboarded as a Worker on the Ontop Platform. Clients can choose to make payment (i) on a monthly basis over the course of one (1) year at an agreed upon rate; or (ii) a once-off payment at a rate agreed upon with the Client.

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6.3 Invoicing. Upon signup for Ontop Match, Ontop will issue the Client an invoice for the respective Candidate Fees. The provision of the Ontop Match Services is contingent upon advance payment of the invoice.

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6.3.1 Difference in Candidate Compensation. In the event that the Fees paid by the Client in relation to a Candidate is greater or less than the Fee applicable in relation to the onboarded Worker’s compensation, Ontop will make the necessary adjustments to the invoice(s) to rectify the Fees, either to offer the Client credit for future Ontop Match Services or to receive a supplementary payment for the correct Fee.

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6.4 Refunds. Because Ontop Match Services have Match Care coverage as stated in Section 7 below, Ontop does not make any guarantees in relation to refunds. In the event that Ontop is unable to identify Candidates for a role due to the fact that the compensation level does not correspond to market prices, the Client will not be eligible for a refund. Ontop does not provide cash refunds, only credit for future Ontop Match Services. Ontop makes no guarantees or assurances with respect to refunds, and any requests for refunds from Clients will be assessed on a case-by-case basis.

7. Ontop Match Care 🧨💞

7.1 Match Care Coverage. Although Ontop does not make any general assurances or guarantees with respect to the successful contracting of the Candidates or their continued relationship with Clients, Ontop and/or its Partners will  provide a substitute Candidate if the relationship between the Client and the Worker is terminated prematurely (“Match Care”). 

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7.2 Match Care Warranty Period. The warranty period for any given Candidate under Match Care will begin from the effective date that the Client contracts the Candidate as a Worker through the Ontop Platform and for a period of forty-five (45) days (“Warranty Period”). The Warranty Period cannot be greater than or equal to the term of the contract between the Professional and the Client.

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7.2.1 Eligibility for Match Care Coverage. Clients will be eligible for Match Care coverage if one or more of the following conditions have been met:

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(a) The Worker is not attending regular meetings, performing on deliverables or any other actions and/or tasks agreed upon with the Client, which may also include not answering calls or emails from the Client, general abandonment of the position and/or project, among others;

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(b) The Worker was not forthcoming in the Client’s selection process as to their and professional capabilities, thus being unable to provide services to the Client; and

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(c) Despite signing a contract with the Client, the Worker refuses to start working or to provide services to the Client.

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7.2.2 Additional Conditions for Eligibility. Ontop reserves the right to provide Ontop Match Care coverage for conditions other than those mentioned in Subsection 7.2.1 above, at its sole discretion.

8. Ontop Match Disclaimer ⚠

Ontop explicitly disclaims any warranties in relation to the Candidates selected through Ontop Match Services, as well as the performance  of the Candidates, if hired as Workers on the Ontop Platform. Ontop makes no representations or warranties, whether expressed or implied, regarding the suitability, qualifications, or success of the Candidates. Clients acknowledge and agree that Ontop is not responsible for any aspect of the Candidates' performance or the results of their services, if hired. 

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The Client acknowledges that the purpose of Ontop Match Services is identifying suitable Candidates for Clients to onboard as Workers on the Ontop Platform. Therefore, the final decision regarding the Candidate selection is on the Client and the use of the Ontop Match Service is at the Client's own risk. Ontop is not liable to the Client for any dissatisfaction or issues arising from the selection or performance of Candidates.

9. Term and Termination ⏳✂️

Subject to this Section, these Terms will remain in full force and effect while you use the Services. Even after your rights under these Terms are terminated, any of the provisions under these Terms which by their nature are meant to survive expiration or early termination of these Terms for any reason will remain in effect.

10. Changes 🔀

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our website. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective immediately. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11. Contact Information 📥

Mailing Address: 251 Little Falls Drive, Wilmington, New Castle County,  Delaware, 19808

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Support: www.getontop.com/contact