Tampa Devs Talent hiring agreement
Last updated August 18, 2023
Tampa Devs Talent Hiring Agreement
Thank you for choosing TAMPA DEVS INC, a nonprofit organization, dba “Tampa Devs Talent” (“Tampa Devs”, “Tampa Devs Talent”, “We”, “Us”, or “Our”). By creating a paid account on Tampa Devs Talent (the “Website”), you agree to the terms of this agreement (the “Agreement”) and the standard website terms (the “Standard Terms”), as may be amended from time to time. Capitalized words used in these terms have the meanings given in the Standard Terms. This Agreement is effective as of the date of execution.
TAMPA DEVS INC operates as a 501(c)3 nonprofit organization holding 509(a)(2) public charity status. Our mission is to promote educational and social programs that develop local talent in technology and bridge the gap between them and potential employers in our community.
Full Legal Name: Tampa Devs Inc
Address: 6421 N Florida Ave D-1470
Tampa, FL 33604
To learn more about the background, organization, and mission of Tampa Devs, refer to our website at https://www.tampadevs.com.
While you have an active paid account with us, you agree to pay the fees as specified on the Website (as updated from time to time) (the “Access Fee”).
If you hire someone on the Tampa Devs platform (a “Candidate”) in any capacity (e.g., full-time, part-time, independent contractor, etc.) during the first 12 months (the “Fee Period”) after connecting with such candidate through the Service, you agree to pay us a placement fee equal to five percent (5%) of the Candidate’s guaranteed first-year compensation (i.e., base salary and any guaranteed bonus) (the “Placement Fee”). The Placement Fee is due within fifteen days of the Candidate’s first day of work with you. If you initially engage a Candidate on a part-time or contract basis and, within the Fee Period, move the person to full-time employment, you are still required to pay a Placement Fee for that Candidate.
The Placement Fee is due for any Candidate you first connect with through Tampa Devs Talent, even if the Candidate contacts you independently outside of the Service or when the Candidate’s placement is finalized without using the Service.
You authorize us to charge your credit card on file for the Access Fee. We will invoice you for the Placement Fee. The Placement Fee is due within 15 days of the Candidate’s first day of work with you (the “Start Date”), regardless of when invoiced. Unpaid Placement Fees accrue a late fee of five percent (5%) per month from the Start Date until all such overdue amounts are paid in full.
ALL FEES ARE NONREFUNDABLE.
If you hire a Candidate in any capacity (e.g., full-time, part-time, independent contractor, etc.) you must notify Tampa Devs no later than the Candidate’s first day of employment. Additionally, You must notify us of any subsequent Candidate advancement or change in status during the Fee Period; including, but not limited to, any promotion, raise, or change in full-time status..
You can notify us using the details below, or by submitting a Hiring Invoice Request through the “Made a Hire?” link in the navigation bar:
Subscription Term; Cancellation
Subscriptions to the Service may be monthly or annual (the “Subscription Period”). At then end of your Subscription Period, your subscription will automatically renew until canceled. Provided your cancellation request is received at least three business days before your next renewal, cancellation is effective as of the next renewal date. Canceling your subscription or closing your account does not terminate your obligation to pay the Placement Fee as provided in these terms. You may cancel your subscription through the Website or by contacting us at [email protected].
No Placement Guarantee
Tampa Devs Talent is a connection service. We make no warranties or guarantees regarding the qualifications or abilities of Candidates, or the number of Candidates you will connect with and/or hire. You are solely responsible for conducting all required interviews, diligence, and background investigations with respect to Candidates. No portion of the Placement Fee is refundable if you terminate a Candidate’s employment or if a Candidate terminates their employment with you.
Community Standards and Values
By using our service, you agree to uphold the values of respect, diversity, and fairness. We expect all our users to engage with others professionally and respectfully. Discrimination, harassment, or any form of disrespectful behavior will not be tolerated and may lead to the termination of your account.
Tampa Devs community guidelines are published on the Internet at the following URL:
You agree not to not discriminate in the acceptance or interview or hiring of any Candidate based on race, color, religion, gender, age, national origin, marital status, disability, or other protected characteristic.
We reserve the right to suspend or terminate your account and access to our Services without cause, with a 30-day written notice. We may suspend or terminate your account immediately without notice if we determine in our sole discretion that you’ve violated the terms of this agreement, the community guidelines, or the Standard Tems. Termination does not relieve you of the obligation to pay any fees owed to us.
Dispute Resolution and Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within 60 days, then, upon notice by either Party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Any such arbitration shall (1) take place in Tampa, Florida; (2) be in the English language; (3) be governed by and interpreted in accordance with the laws of the State of Florida.
Waiver of Right to Jury Trial
The parties hereto mutually and willingly waive the right to a trial by jury of any and all claims made between the parties, including any and all claims, defenses, counterclaims, cross-claims, third-party claims, and intervenor’s claims whether arising from or related to the negotiation, execution, or performance of the transactions to which this agreement or any related agreement relates.
During and after the term, you agree to and do hereby indemnify Tampa Devs, its affiliates, agents, representatives, and employees for all claims, costs, or damages (including for court costs, expenses, and reasonable legal fees incurred in defending or contesting any such claim) arising out of any third-party claim for willful misconduct or gross negligence.
Limitation of Liability
In no event will Tampa Devs, including any of its affiliates, agents, representatives, and employees, collective aggregate liability under or in connection with this agreement or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, exceed the lesser of (a) two hundred fifty dollars ($250); or, (b) the total amount paid to Tampa Devs for the preceding six (6) months of services provided under this agreement.
All notices, requests, demands, claims, and other communications required or permitted to be delivered, given, or otherwise provided under this Agreement are to be in writing and are to be delivered, given, or otherwise provided: (a) by hand (in which case, it will be effective upon delivery); (b) by email (in which case, it will be effective upon receipt of confirmation of good transmission); or (c) by overnight delivery by a nationally recognized courier service (in which case, it will be effective on the business day after being deposited with such courier service), in each case, to the address (or email address) listed below (or to such other addresses or email addresses as a Party designates by notice to the other Party.
If to You:
If to Tampa Devs, to:
Tampa Devs Inc
Attn: Legal Department
6421 N Florida Ave, D-1470
Attorneys’ Fees; Costs. The non-prevailing party in any litigation or arbitration shall pay the reasonable legal fees and costs incurred by the prevailing party in the dispute and in any appeal.
We may amend these terms from time to time. We will notify you by email of any changes to these terms. Your continued use of the Service after our delivery of that notification email constitutes acceptance of any changed terms.
Entire Agreement. These terms plus our website terms comprise our entire agreement regarding your use of the Service.
You may not assign, sell, or transfer access to the Service to any third party. Tampa Devs reserves the right to assign any rights or obligations under this agreement at any time, without notice. You may not assign any rights or obligations under this agreement without prior written consent from Tampa Devs.
The failure of either party to insist upon the strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith and said terms shall remain in full force and effect. No waiver of any term of this Agreement shall be effective for any purpose whatsoever unless such waiver is in writing and signed by the waiving party.
Questions? Email the Tampa Devs Talent team at [email protected].