Rauster Terms of Service / Master Services Agreement (2024)
This Terms of Service and Master Services Agreement (“Agreement”) is entered into between you (“Client” or “Recruiter”) and GigSight LLC, dba Rauster (“Rauster”), a Florida limited liability company. This Agreement governs the use of Rauster’s freelance recruiting platform and services.
1. Scope and Applicability
This Agreement applies to all users of the Rauster platform. Clients engage recruiters to identify talent. Recruiters submit candidates for placement opportunities. All users agree to these terms by accessing or using the platform.
2. Eligibility and Legal Compliance
Users must be at least 18 years old and legally authorized to enter into binding contracts. Users agree to comply with all applicable laws, including employment, anti-discrimination, and privacy regulations.
3. Platform Services
Rauster provides a technology-enabled recruiting marketplace that facilitates introductions between Clients and Freelance Recruiters. Rauster is not a party to any employment relationship. It provides tools for job posting, communication, candidate tracking, and billing.
4. Fees and Payment Terms (Clients)
Clients shall pay a placement fee of twelve percent (12%) of a candidate’s first-year base salary for any hire made via the Rauster platform. Payment is due Net 30 from the candidate’s start date. No refunds are offered unless otherwise stated in our Refund & Payment Dispute Policy, available at https://rauster.com/refund-policy.
5. Recruiter Engagement and Conduct
Recruiters using the platform must comply with Rauster’s Recruiter Code of Conduct, available at https://rauster.com/recruiter-code-of-conduct. Continued access to the platform is contingent upon compliance. Recruiters must also execute and remain in good standing under a separate Independent Contractor Agreement.
6. Confidentiality and NDA
All parties agree to maintain the confidentiality of non-public information. Rauster may require the execution of a separate Mutual Non-Disclosure Agreement for specific engagements or at its discretion.
7. Privacy and Data Use
Use of the platform is subject to Rauster’s Privacy Policy (https://rauster.com/privacy-policy) and our Data Processing Addendum (https://rauster.com/dpa), where applicable. Users consent to the collection and use of personal data in accordance with those policies.
8. Intellectual Property
Rauster retains ownership of the platform, tools, trademarks, and other proprietary assets. Clients own deliverables created by hired candidates. Recruiter-submitted candidates are considered proprietary until hired.
9. Non-Solicitation
Clients shall not engage or hire candidates submitted via Rauster outside the platform for twelve (12) months. Recruiters shall not solicit or work directly with Rauster clients. Breaches are subject to a 25% liquidated damages clause based on annual compensation.
10. Acceptable Use
Users must comply with Rauster’s Acceptable Use Policy (https://rauster.com/aup). Prohibited activities include platform manipulation, scraping, abuse, and unauthorized automation.
11. Dispute Resolution
Any dispute arising from this Agreement shall be resolved by binding arbitration through the American Arbitration Association, held in Jacksonville, Florida. Either party may seek injunctive relief in court to prevent irreparable harm.
12. Limitations of Liability
Rauster’s total liability under this Agreement shall not exceed the total fees paid in the twelve (12) months prior to the claim. Rauster is not liable for indirect, incidental, or consequential damages.
13. Modifications
Rauster may update these Terms at any time with notice. Continued use of the platform after changes are published constitutes acceptance of the revised Terms.
14. Miscellaneous
This Agreement is governed by the laws of the State of Florida. It constitutes the entire agreement between the parties. If any provision is found unenforceable, the remainder will remain in effect.
By accessing or using Rauster’s platform, you acknowledge and agree to be bound by these Terms.