Welcome to Top20Talent
Welcome to the Terms of Service for Top20Talent. This is an agreement (“Agreement”) between Top20Talent, Inc. (“Top20Talent”), a Hong Kong company with affiliates in Mainland China and Singapore, the owner and operator of Top20Talent.com (the “Site”) and the Top20Talent recruiting service (the Site and recruiting service collectively the “Service”), and you.
BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TOP20TALENT; (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT; AND YOU HAVE DISCLOSED TO TOP20TALENT IN WRITING, IN ADVANCE OR IMMEDIATELY FOLLOWING YOUR ENGAGEMENT WITH SUCH PARTIES, THE NAME OF EACH AND EVERY COMPANY, AGENCY OR INDIVIDUAL WITH WHOM YOU ARE ASSOCIATING, EITHER AS AN EMPLOYEE, CONTRACTOR, CONSULTANT OR OTHERWISE, FOR THE PURPOSES OF RECRUITING POTENTIAL EMPLOYEES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE.
Throughout this document, the words “Top20Talent,” “us,” “we,” and “our,” refer to our company, Top20Talent, our Site or our Service, as is appropriate in the context of the use of the words. The term “Potential Employee” will refer to users of our Service who are seeking employment and/or contractor opportunities through Top20Talent. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Potential Employees through the use of our Service. The term “You” refers to the individual, company or legal entity, as applicable, identified as the user when you register on the Site, either as or on behalf of a Potential Employee or Employer.
You agree to keep all information gained from using our Site confidential; you agree that (1) you will use any content submitted by Potential Employees in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities of any Potential Employees outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service.
Our Service may allow you to upload photos, resumes, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TOP20TALENT IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site (“Registered Users”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Top20Talent may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
Top20Talent Description Of Service
For Potential Employees
Top20Talent is an online service that connects Potential Employees with Employers through a non-binding interview request process for a Potential Employee’s services. Potential Employees have a confidential opportunity to find a position with an Employer with transparency as to role and compensation. Additionally, Potential Employees’ use of Top20Talent is free, and the process is non-binding and does not create any contractual obligations between the Employer and the Potential Employee. The service only acts as a tool for Potential Employees to explore opportunities without obligation. None of your personal contact details or name will be visible or made available unless you consent to have your information visible.
As an Employer, you have the opportunity to find qualified passive and active talent and reduce the costs involved with hiring and retaining such talent. You may submit interview requests (“Requests”) for Potential Employees on our Service that you feel may be a fit for your company. However, these Requests are non-binding and do not create a binding employment contract. There is no representation that anyone listed would be interested in your opportunity. Each Potential Candidate will have the opportunity to confidentially decide which Potential Employer would be of interest to them for an interview. A Success Fee (as defined in Section 6 below) will only be collected from you in accordance with Section 6 after you have successfully hired a Potential Employee. YOU UNDERSTAND THAT ALTHOUGH TOP20TALENT DOES INTERVIEW AND SCREEN ALL POTENTIAL EMPLOYEES AND WILL PERFORM REFERENCE CHECKS AT YOUR REQUEST IT DOES NOT PRECLUDE YOUR NEED TO DO YOUR OWN NECESSARY BACKGROUND CHECKS TO COMPLY WITH YOUR OWN COMPANIES POLICIES.
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Top20Talent has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Top20Talent has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Service if you have been previously removed by Top20Talent, or if you have been previously banned from the Site or Service.
In order to use Top20Talent as a Potential Employee you must register and create a profile. The use of the Site and the Service is free for Potential Employees. When registering with Top20Talent, we may require you to provide us information such as your name, e-mail address, employment history, work experience, educational background and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to use our Service.
In order to use Top20Talent as an Employer you must also register. Registration is free. When you register we may ask you for additional information related to your company and the types of Potential Employees you are looking for. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to engage with, and make Requests to, Potential Employees on Top20Talent.
Potential Employee’s Role
After a Potential Employee has registered and created a profile on Top20Talent, agrees not to attempt to circumvent our Site and Service by independently attempting to communicate with an Employer that contacted or communicated with him or her on our Site or Service.
After an Employer’s registration has been accepted by us, the Employer will be able to browse the Potential Employees on our Site, request interviews through the site (which will be managed by our offline recruitment experts), request specific candidates not listed on the site and choose from pre-selected groups of in-demand talent. Requests for talent not listed is available only to Monthly Members. If an Employer hires a Potential Employee from our Site, the Employer will owe Top20Talent a Success Fee (as defined in Section 6 below).
Once an Employer has discovered a Potential Employee on our Site or Service, the Employer agrees to communicate exclusively with the assigned offline recruitment expert through the entire process.
Top20Talent provides an online marketplace to allow for candidates to confidentially explore top opportunities in the market and companies to confidentially explore Top 20% talent for their important hiring needs. Once a company and candidate to agree to interview, we then facilitate the entire offline process to insure both sides come to a satisfactory outcome.
Any agreements created between an Employer and a Potential Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Potential Employee. You will not consider Top20Talent, nor will Top20Talent be construed as, a party to such transactions, whether or not Top20Talent receives some form of remuneration in connection with the transaction, and Top20Talent will not be liable for any costs or damages arising out of or related to such transaction.
No contractual obligations are created for either the Potential Employee or the Employer through the use of the Service.
Payments And Refunds
For Potential Employees
Top20Talent is free for Potential Employees. A Potential Employee is required to promptly notify Top20Talent if the Potential Employee (1) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (2) accepts an offer of employment as a contractor (a “Contractor Offer”), whether for an indefinite or fixed term (each, a “Contractor Engagement”), within 12 months from the time you were introduced to a Potential Employer by Top20Talent or its affiliates.
For Employment Offers for full time employment of an indefinite term, the Potential Employee will receive a payment (the “Potential Employee Payment”) based upon Top20Talent’s employee bonus scale for the region in which the Potential Employee works for the Employer. The Potential Employee Payment will be paid not later than 100 days after the work Start Date of the Potential Employee with Employer. You should notify Top20Talent immediately should your employment be terminated.
Once we have accepted the registration of an Employer, the Employer will be able to make Requests and contact (through the Service) Potential Employees listed on our Site and Service. If a Potential Employee identified through use of our Service accepts an Offer within twelve (12) months of the date on which the Employer first viewed the Potential Employee on the Site, the Employer will be charged a Success Fee. For purposes of this Agreement, “Success Fee” shall refer to both Upfront Success Fees and Monthly Success Fees, and shall be collected, as set forth below:
In the case of an Employment engagement, the Employer may elect to pay one of the following Success Fee options: (1) Non-Membership Success Fee. The Employer will pay a Success Fee equal to 14% of the Potential Employee’s first year total cash compensation, which amount shall be due and payable thirty (30) days after the Start Date.
Employers choosing the Membership Success Fee option are required to (1) pay the monthly subscription fee in any of the following currencies of 8,888 RMB, $1288, 9,900 HKD or 1,870 SGD + (2) 11% Success Fee of the Potential Employee’s first year total cash compensation of any candidate hired from Top20Talent. There is no limit on how many can be hired on a monthly basis at the 11% Success Fee rate. Should you anticipate 3 or more hires per month we have additional Member options that could further reduce per placement costs.
Success Fee Provisions
Once a client engages a Potential Employee through Top20Talent The Client will be liable for Top20Talent’s full fee where a candidate is engaged within 365 days from the date of last contact by the Potential Employer. If the Potential Employer claims previous receipt of the candidate’s introduction from any other source previous to Top20Talent’s service, then the Potential Employer must notify in writing Top20Talent with proof of previous introduction within 3 working days, or ownership of said candidate will be deemed accepted by the Potential Employer as belonging to Top20Talent and fees payable upon the engagement of the candidate.
IF YOU ARE AN EMPLOYER who is using our Site and/or Service, you agree to the Success Fee provisions. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using Top20Talent.
YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
If an Employer circumvents our Site and/or Service after discovering a Potential Employee through our Site or Service and subsequently hires that Potential Employee within twelve (12) months of the date on which the Employer first viewed the Potential Employee on the Site, the Employer will pay a Success Fee equal to 25% of the 1st year base salary or prorated contractor compensation of the Potential Employee and Top20Talent may, in its sole discretion, terminate the Employer’s account.
Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. These will be paid in the relevant location where the Employer is located.
Changes In Fees And Billing Methods
Top20Talent reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
At Top20Talent we value our customers’ satisfaction in using our Site and Service to hire great Potential Employees. If
(1) an Employer hires a Potential Employee and terminates the Potential Employee’s Employment based on unsatisfactory performance within fifty (50) days of the Start Date for Non-members,
(2) a Potential Employee voluntarily terminates his or her Employment within one hundred (100) days of the Start Date for Members, upon written receipt and confirmation of such information, Top20Talent will fully refund to the Employer the Success Fee related to the Potential Employee who was the subject of the Termination or resignation.
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Top20Talent. Remember when using Top20Talent we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:
you will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Top20Talent servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
You will not take any action that we determine, in our sole discretion, imposes or may impose, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Site and/or Service;
You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any content obtained from the Site or Service, on a time-sharing or other commercial basis;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to Top20Talent;
You agree not to interfere with or disrupt the Site or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation, and you are responsible for such violations;
You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
Top20Talent may terminate your account for violating one or more of your responsibilities with or without notice.
Limitations On Liability
Through Top20Talent’s Site and Service users of Top20Talent may be able to post content about third parties. Top20Talent is not liable to third parties for any content that has been posted or viewed on Top20Talent’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
We are not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Potential Employees and Employers;
Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
Intellectual Property Rights
The design of the Service along with Top20Talent created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Top20Talent, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Top20Talent reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any content contained within the Site or through the Service unless we have given you express written permission to do so.
Licensing To Top20Talent
You hereby grant to Top20Talent and its owners, affiliates, representatives, licensees, licensors and assigns (the “Top20Talent Parties”) a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), service marks, trademarks and trade names through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content and anything we may make with the Content through the Site, the Service and/or any other medium currently invented or invented in the future.
Disclaimer Of Warranties
THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SITE AND/OR SERVICE, or NEGLIGENCE.
THE TOP20TALENT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE AND/OR SERVICE WILL BE CORRECTED.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
You agree to defend, indemnify and hold harmless the Top20Talent Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Site and/or Service;
your violation of any term of this Agreement;
your violation of any third party right, including without limitation any copyright, logo, trademark, service mark, trade name, property, or privacy right;
any amounts awarded against or required to be paid by the Top20Talent Parties resulting from a finding by a court or tribunal of competent jurisdiction that the Top20Talent Parties are employers or related employers of any Potential Employee or contractor employed or retained by Employer; or
any claim that any of the Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.
Choice Of Law
This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong, Mainland China and Singapore without giving effect to any principles that provide for the application of the law of another jurisdiction.
We may suspend the Service or your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying Top20Talent at any time and closing your account for the Service. Your notice should be sent in writing, in accordance with Section 21 below. Termination of the Agreement may result in the immediate deletion of any or all of the Content. Top20Talent will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.
Where Top20Talent requires that you provide an e-mail address, you are responsible for providing Top20Talent with your most current e-mail address. In the event that the last e-mail address you provided to Top20Talent is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Top20Talent’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
The communications between you and Top20Talent use electronic means, whether you visit the Site or the Service or send Top20Talent e-mails, or whether Top20Talent posts notices on the Site or Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Top20Talent in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Top20Talent provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.