This Terms of Service summarizes the principal terms of collaboration between LineupX (“LineupX,” “we,” or “us”) and the Recruiter (“you” or “Recruiter”), who has signed up as an independent Recruiter on LineupX to get hired for Recruitment Projects with one or multiple Clients.
When accepted by you, these Terms of Service form a legally binding contract (Contract) between you and LineupX (as defined below).
Please read these Terms of Service carefully. By accepting these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, then please do not access or use LineupX's Services.
1. GENERAL PRINCIPLES
1.1 LineupX is a online SaaS enabled recruitment marketplace for connecting businesses (Clients) and Recruiters who work via the LineupX platform as independent contractors.
1.2 It is the responsibility of the Recruiter to ensure that the services and values provided to them by LineupX are in accordance with their needs.
1.3 LineupX does not limit or regulate the services provided by the Recruiters. LineupX acts as a marketplace where LineupX's Recruiters provide the following (but not limited to services:
Helping to fill needed roles fast
Helping to expand teams in new locations for the company
Helping to fill challenging or niche roles
Helping out with specific recruiting tasks (such as sourcing, interviewing, etc.)
Improving the recruitment processes or strategies
Any custom recruitment challenges requested by the Client
1.4 The aim of LineupX is to provide support for independent Recruiters and help them find suitable recruiting Projects with trusted Clients.
1.5 The role of LineupX is to make sure the Recruiter and Client have the best possible opportunities to get matched with the right partner; to make sure the collaboration between Recruiter and Client goes smoothly; and solve any rising disputes in a transparent manner keeping the interests of both sides in mind
.1.6 LineupX's team has the know-how and network to help companies choose the right Recruiter(s) with specific expertise in a preferred location. LineupX will do it's best to provide best-suited Recruiters and present all necessary information. The Recruiter and Client understand that the final decision is made by the Client and LineupX cannot be held responsible for any declines or cancellations by the Client.
1.7 Recruiters choose to work through LineupX to:
have flexibility and the freedom to choose their own terms;
receive projects which fit their preferences;
work with vetted and trusted clients;
have support for creating their profiles, proposals, contracts, invoices, payments and more;
get paid on time and have peace of mind;
always get feedback about their proposals and progress.
2. SERVICE PROCESS
2.1 Getting started
After signing up, every recruiter will receive a request for an Onboarding Call with one of LineupX's Community Managers. We will map your a) skills and expertise, b) values and mindset and c) preferences regarding Projects and collaboration models. This will help us welcome you into our community and match you with the best-suited recruiting Projects.
2.2 Receiving projects
Each job vacancy from a Client is considered as a separate Project. Client can assign a different Recruiter for each Project (in case the roles are very different and need specialized Recruiters) or select a single Recruiter to handle multiple Projects.
LineupX will send you Projects per your preferences so you can decline or confirm your interest. You are always welcome to ask more questions via email or a phone call.
Please keep in mind that as we mostly work with SMBs, startups and scaleups (11 – 500 employees) & MNC’s the Project descriptions can change and get more specific during further negotiations. It's up to you to make suggestions regarding their Recruitment Strategy if you see fit.
2.3 Reviewing and confirming Projects
When you confirm your interest in the Client’s project by clicking “Interested” on the LineupX platform then your profile becomes visible to the Client. This means that you have been introduced to the Client by LineupX.
If you receive a project on LineupX from a client with whom you already have or had a recruitment services contract before, then you should click “Not interested” on the client’s project.
After the Client also confirms their interest, we’ll set up an Intro Meeting with the Client. The goal of the Intro Meeting is to evaluate your match with the Client and the Project. The Client should provide the Recruiter with necessary information so the Recruiter can assess their ability to achieve recruitment deliverables and make a final proposal for their fees and estimated deadlines after the meeting.
In some cases, when support is needed, The Account Manager from LineupX will participate in the Intro Meeting with the Client and you. The Account Manager will advise the Client on evaluating and selecting the Recruiters, but the Client will be responsible for the final decision.
2.4 Composing Proposals
After the meeting, the Recruiter will make their final proposal for the Project, which should include:
Collaboration Model preferences (different options can be proposed)
Estimated time input and deadlines
Short cover letter to explain your motivation to take on this specific Project
References from your past clients or projects
2.5 Recruitment Contract between the Recruiter and Client
LineupX provides Contract Templates and (if necessary) helps to negotiate terms between the Recruiter and Client, who will agree on Milestones, Deliverables, Collaboration Model, Fees and other terms. Using the Contract Template is not mandatory.
LineupX is not included in the Recruitment Contract between the Recruiter and the Client. Both parties are in a separate agreement (Terms of Service) with LineupX.
2.6 Collaboration and progress tracking
LineupX will not regulate the collaboration between the Recruiter and the Client after they've signed the Recruitment Contract. All further collaboration is agreed between the Recruiter and the Client with the Milestones and Deliverables in the contract.
Each Recruiter has their own working processes, which they will align with the Client's situation and needs.
It is recommended to have an Onboarding Meeting to go over the Project before the work starts. It is recommended to set Check-In Meetings (via email, in person meeting, video call) deadlines to keep track of the progress.
2.7 Project wrap-up
When the project ends, the Recruiter has to inform LineupX about it in order to successfully close the project and collect feedback from the Recruiter and the Client.
Confidential Information means any material or information provided to the Recruiter to evaluate a Project regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form.
Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Recruiter; (b) was lawfully received by Recruiter without restriction from a third party having the right to disseminate the information; (c) was already known by Recruiter prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by Recruiter without use of another person’s Confidential Information.
Recruiter agrees to hold in confidence all Confidential Information and to use reasonable care to prevent the unauthorized disclosure or use of the other party's Confidential Information.
4. ROLE OF LINEUPX
4.1 The role of LineupX is to ensure:
All Recruiters are thoroughly vetted (pre-screening interview, background check, references).
The Recruiter has sufficient information and support to assess their suitability for the Project.
The Client has sufficient information and support to make an educated choice from proposed Recruiters.
The collaboration between Recruiter and Client goes smoothly.
All disputes between the Recruiter and Client are handled with care by LineupX's Support team.
4.2 The Account Manager from LineupX is included in all the communication until a Recruiter is hired and a contract is signed between the Recruiter and the Client. This includes all email communication and the Intro Meeting.
4.3 LineupX will not participate in communication and meetings between the Recruiter and Client after the contract has been signed between both parties (excluding the final Project Wrap-up meeting).
4.4 LineupX has the right to request feedback and information from the Recruiter and Client at any given point to ensure collaboration success. LineupX collects feedback to make sure the Recruiter is on track to achieve the agreed recruitment deliverables and offers a high quality service experience to the Client.
4.5 If the first 14 days since starting the Project show that:
the Recruiter might not be able to deliver the hiring goals, or
the Client might not be able to contribute to Project success,
LineupX will take measures to improve collaboration between parties or terminate the collaboration.4.6 LineupX will provide a Contract Template and receive a copy of the final contract between the Recruiter and the Client. Including the description of Milestones and Deliverables set for the Project.
5. LINEUPX'S SERVICE FEE
5.1 LineupX has no upfront or membership costs. Signing up and receiving Projects on LineupX's marketplace is free.
5.2 The Client will be billed according to the agreement with the Recruiter (hourly, retainer or contingency). LineupX charges Recruiters a percentage of their fee depending on the total amount they’ve billed with a client.
5.3 LineupX charges Recruiters a sliding Service Fee based on the total amount billed to a single client. You pay:
15% for the first €10,000 you bill your client across all contracts
10% for total billings with your client between €10,000.01 and €20,000
5% for total billings with your client that exceed €20,000
For example, if you have billed your client (which includes the LineupX fee) for €12,000 and it has be paid in 2 equal invoices. When you send your:
1st invoice to the client for €6,000, then LineupX will send you an invoice for 15%*6,000=€900
2nd invoice to the client for €6,000, then LineupX will send you an invoice for 4,000*15%+2,000*10%=€800
Your take-home earnings after deducting the LineupX fee: €12,000-€1,700=€10,300
When a Client uses another company that belongs to the same Group of Companies to sign a Recruitment Contract with the Recruiter it is considered as the same Client in terms of LineupX’s service fee.
When discussing your pricing and putting together the price proposal, make sure to take into account the LineupX fee. The LineupX fee should be included in your price proposal/total fee to the client. If you need help with putting together the price proposal or have any questions, please consult with your Account Manager. We are always here to help you succeed.
This fee allows us to create the needed services and technology, from matching you with vetted clients to collaborating, communicating, getting paid, and payment protection.
6. COLLABORATION MODELS
The Recruiters can set and negotiate their own rates and pricing models. Of course, it depends on the overall market situation, the Recruiter's experience level and skills. Also, Clients have different budgets and pricing model preferences. Some Projects and Collaboration models are a better match than others.
6.1 Hourly commitment
It's a suitable model if the Client needs help for particular repetitive tasks, such as sourcing candidates or conducting screening interviews. Hourly model also makes sense when the Client has multiple similar roles or plans to work with you for a longer period than just one Project.Clients are billed based on the hour’s Recruiters have worked on the Recruitment Project.The billing cycle is agreed by the Client and the Recruiter. Most common cycles are weekly, bi-weekly and monthly. The first weeks will show if the collaboration between the Recruiter and the Client is successful in long-term.Due date for payments is agreed by the Client and the Recruiter. Usually payments for Hourly Invoices are due in 3-5 days after the invoice is issued.
6.2 Exclusive commitmentRetainer suits best if the Client doesn’t have/need an in-house recruiter or wants extra help with some specific roles. It also makes sense when you already have a pool of suitable candidates and might be able to fill the role fast. In this case, you work exclusively with the role and are committed to the Client.20-50% of the Total Recruitment Fee is transferred to the Recruiter's bank account at the beginning of the project as a retainer. The retainer payment establishes a mutual commitment for both sides for a common goal.
When the Recruiter reaches agreed Milestones, the Client will transfer the agreed amount of the fee to the Recruiter. The scope and deadlines of the Milestones are agreed by the Client and the Recruiter in the Recruitment Contract.
Due date for the rest of the Recruitment Fee payments is agreed by the Client and the Recruiter. Usually the rest of the Recruitment Fee is due in 14 days after the Client has signed an employment contract with the candidate presented by the Recruiter.6.3 Contingency commitment
If the Client has used up most of their recruitment budget and has in-house recruiters also working on the role, it makes sense for them to hire a Contingency Recruiter. It will be the most profitable option for you, but with most risk – Client only pays for results. You might not* be committed to the Client, but will provide an additional pipeline of candidates.*Might not be committed means that Contingency Recruiters usually work with multiple Clients at the same time and can prefer Projects where they can get results faster and with less effort
.The Contingency fees vary from 10% to 30% of the anticipated annualized salary or wages of the candidate.
Due date for the Contingency fee is agreed by the Client and the Recruiter. Usually the Contingency fee is due in 14 days after the Client has signed an employment contract with the candidate presented by the Recruiter.
7.1 The Client will be billed by the Recruiter according to the collaboration model described in the Recruitment Contract (hourly, exclusive or contingency). LineupX invoices Recruiters a percentage of their fee depending on the total amount they’ve billed with a client.
7.2 The Recruiter is responsible for making sure their legal entities are set up and taxes are filed correctly as per the laws in their country of residence. The Client is responsible to determine proper classification of all Recruiters as either independent contractors, sole proprietors or employees. For US-based Independent Recruiters, the Client should refer to the IRS guidelines and other federal, state, and local regulations applicable.
8. TAXES AND BENEFITS
Recruiter acknowledges and agrees that Recruiter is solely responsible
(a) for all tax liability associated with payments received from Recruiter's Clients;
(b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Recruiter is not covered by or eligible for any insurance from LineupX;
(c) for determining whether Recruiter is required by applicable law to issue any particular invoices for the Recruitment Fees and for issuing any invoices so required;
(d) for determining whether Recruiter is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to their fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and
(e) for determining if LineupX is required by applicable law to withhold any amount of the Recruitment Fees and for notifying of any such requirement and indemnifying LineupX for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest).
9.1 Guarantees from Recruiter
For any guarantees regarding the Project results and Candidates, the Client should negotiate and agree with the Recruiter.
9.2 Guarantees from LineupX
LineupX acts as a mediator and enabler, therefore will not guarantee the results between the Recruiter and the Client.
LineupX will guarantee that all Clients on LineupX are thoroughly reviewed and validated companies.
LineupX will guarantee that all Recruiters on LineupX's platform are thoroughly reviewed and validated professionals.
LineupX will guarantee a High Service Quality, meaning LineupX will support the collaboration between the Recruiter and Client, handle any occurring disputes, and 1) take measures to replace the Recruiter in case of an unsuccessful collaboration; 2) take measures to protect the Recruiter from unfair or neglectful situations with the Client.
10.1 The Recruiter agrees to immediately inform LineupX about any updates or cancellations regarding their Projects. The Recruiter acknowledges and agrees that the compensation LineupX receives for making our Services available to Recruiters and Clients is collected through the Service Fee. LineupX only receives this Service Fee when a Client makes payments to a Recruiter, so withholding or misrepresenting information may endanger LineupX's ability to provide its Services. Disregarding this will be grounds for termination without additional notification.
10.2 The Recruiter agrees with the Non-circumvention Agreement to offer Recruitment Services to the Clients only through LineupX for 24 months from date of introduction by LineupX, unless the Client or the Recruiter pays an Opt-Out-Fee. When a Client that has been introduced to the Recruiter by LineupX introduces the Recruiter to another company that belongs to the same Group of Companies it is also considered as an introduction by LineupX. Opt-Out-Fee is:
€5,000 per each Recruiter if the Client wants to hire them as an independent contractor separate from the LineupX marketplace;
or 25% of the anticipated annualized salary or wages if the Client offers the Recruiter direct employment.
Some definitions of capitalized terms that appear in the Terms of Service for Recruiters.
“Recruiter” means an independent contractor or an agency providing Recruitment Services. A Recruiter is a customer of LineupX with respect to use our services.
“Client” means a company seeking to hire Recruiters to obtain Recruitment Services.
“Group of Companies” means collectively companies together with any direct or indirect subsidiaries of the holding company that are owned by the same shareholders.
“Community Manager” means a representative of LineupX vetting and onboarding Recruiters to LineupX platform.
“Account Manager” means a representative of LineupX assisting Recruiters to find suitable Recruitment Projects.
“Recruitment Services” means any services provided by Recruiters for example sourcing leads, interviewing candidates, training and coaching Clients.
“The date of introduction by LineupX” is when the Recruiter clicks “Interested” on the Client’s project on the LineupX platform. The Recruiter’s profile becomes visible to the client.
“Project” means an engagement for Recruitment Services that a Recruiter provides to a Client under a Recruitment Contract.
“Recruitment Contract” means the contractual provisions between a Client and a Recruiter governing the Recruitment Services to be performed by a Recruiter for Client for a Project.
“Service Fee” means a fee a Recruiter is charged by LineupX for each payment their Clients make to the Recruiter on a Recruitment Contract.