Bravado Network Terms of Service for Businesses — Executive Search
Last Updated: August 15, 2024
PLEASE READ THESE BRAVADO NETWORK TERMS OF SERVICE FOR BUSINESSES AND OUR PRIVACY POLICY CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.
Welcome to the Bravado Network, Inc. (“Bravado”, “we”, “us”, or “our”)’s website located at https://www.bravado.co (the “Site”). On our Site and through our mobile application (the “App”) we offer certain platforms that provide, among other things, information, forums, and networking opportunities to sales professionals.
These Bravado Network Terms of Service for Businesses apply to businesses or companies (a “Business”, “you” or “your”) seeking to obtain a referral on a Member (as defined below) or engage a Member as an employee.
To make these Terms (as defined below) easier to read, our Site, services of connecting Businesses with Members for full-time Executive employment opportunities offered via the Site, and App are collectively called the “Services.” For the purposes of this provision, an executive role shall include but is not limited to, C-level positions, VP-level positions (e.g., SVP, EVP, FVP, RVP, etc.), or positions designated as “Head of” roles.
Also, if you are (1) a sales professional seeking opportunities as a contractor or employee with Businesses (“Members”) or (2) an individual person (e.g. managers, business counterparts, clients, decision-makers, etc.) that has been contacted by a Member to provide his/her/their review, testimonial or recommendation or share his/her/their professional experience working with the requesting Member (each such reviewing person, a “Reviewer” and each such review, testimonial or recommendation, a “Testimonial”), then the Bravado Network Terms of Service for Users (https://info.bravado.co/bravado-network-terms-of-service-for-users) apply to you. The term “Users” means any Member and/or Reviewer.
If you are a Business seeking to hire a Member for full-time employment in a non-executive role, then the Bravado Network Terms of Service for Businesses (https://info.bravado.co/bravado-network-terms-of-service-for-businesses) shall govern and apply to you.
Agreement to Terms
The Services are provided by Bravado, and these Bravado Network Terms of Service for Businesses are entered into by and between Bravado and Business (in your capacity as a Business), and together with our Privacy Policy, the Bravado Commission Points Program Terms, and any documents incorporated by reference (collectively, these “Terms”) govern your access to and use of the Services. By using our Services, you represent and warrant that you are at least 18 years of age, and you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Employees of Businesses may accept these Terms of Service at different times, however, the most recently accepted version will apply to the Business and all employees, superseding any prior acceptances.
Changes to Terms or Services; Order of Precedence
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
These Terms will govern and control your use of the Services and interactions with the Site from the date these Terms were last updated (“Update Date”) and afterward entered into prior to the Update Date.
Fees
Bravado may offer Business the opportunity to use the Services under different fee structures and/or specialized terms, depending on your specific hiring needs. In such cases, Bravado and Business will enter into a separate written agreement (“Order Form”) outlining the applicable fees and pricing terms (“Business Specific Terms”). The Business Specific Terms will supersede the Bravado Network Terms of Service for Businesses - Executive Search.
The following terms on fees apply to you:
Commencement Fee
Bravado requires a one-time, non-refundable Commencement Fee to begin using the Services. This fee is due upon signing and is non-refundable under any circumstances. The pricing is described in Business Specific Terms.
Success Fee
Bravado requires you to make a one-time payment to Bravado in connection with a successful placement for a full-time Employment Opportunity (“Success Fee” or “One-Time Success Fee”). The Success Fee is calculated based on a percentage of the Candidate’s agreed-upon base salary for the first year of employment, due upon the Candidate’s start date. The percentage fee is stipulated in your Business Specific Terms. You must make the Success Fee within 7 days following the Employment Opportunity start date for the applicable candidate. For clarity, you must also still pay the applicable Member who you employed the salary and any incentive compensation in accordance with the employment agreement between such Member and you.
If the Business (or any related entity) hires any Candidates that Bravado introduced to the Business during the Service, or within six (6) months following the completion or termination of the Service, Bravado will invoice the Business a Success Fee for each such Candidate.
Success Fee Exemption: No Success Fee will be charged if the Business can establish with sufficient supporting records and documentation that it had a pre-existing evaluation (“Pre-Existing Evaluation”) of the relevant Bravado Candidate in the six (6) months prior to receiving the Candidate’s Information through the Bravado.
Transaction Terms
When you sign the Order Form, you expressly authorize us (or our third-party payment processor) to charge you for such Transaction, processing fees and any other fees to which Bravado collects or is entitled. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. If you fail to pay any payment or fee described hereunder (or in the Business Specific Terms) when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and Bravado may suspend the Services, respectively, until all payments are made in full.
Cancelling Payments or Fees
EACH PURCHASE NOT COVERED BY THE GUARANTEE PERIOD IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR FEES OR PAYMENTS HEREUNDER, INCLUDING SUCCESS FEES AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. If you cancel, your right to use the Services will cease immediately and will then terminate without further charges. As between Bravado, Member and Business, Business is solely responsible for accurately determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes.
Guarantee Period
If a Candidateʼs employment is terminated within twelve (12) months of the Candidate’s start date, Bravado agrees to find Company a replacement hire for no additional Commencement Fee or Success Fee. If Bravado is unable to find a suitable replacement within six (6) months in which case Bravado will provide a full refund of the Success Fee, if the Company notifies Bravado and the following conditions are met:
Candidate's employment is terminated (by Company or Candidate) within twelve (12) months from the start date in the Offer; except in the event of a layoff or reduction in force by the Company,
Company paid the full Success (Placement) Fee and any applicable Late Fee in full within the Payment Term; and
No Late Fee was ever accrued.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
You may terminate these Terms if we materially breach these Terms, and such breach remains uncured 30 days after you provide us with written notice of such breach. For the notices contemplated under this Section:
If you have an Order Form, you must email the account manager specified therein via email and cc billing@bravado.co. In all other cases, you can terminate by emailing billing@bravado.co or via termination features in your account, if available.
In all other cases, you can terminate by emailing hello@bravado.co or via termination features in your account, if available.
Upon any termination, discontinuation or cancellation of Services or your Business Member Account, the following provisions will survive: Feedback, Content and Aggregate Data Ownership, Responsibility and Removal; Deliverables; IP Ownership; Confidentiality; Fees (but solely for any outstanding amounts); Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution, and General Terms. The term and your termination rights for any Contractor Opportunity will be set forth in the applicable Statement of Work.
Warranty Disclaimers
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES AND ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services (including any connections made or suggested via the Services), the Contractor Opportunities or Employment Opportunities will meet or satisfy your expectations, assumptions or requirements. We also make no warranty that the Services will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, copyright compliance, legality, decency, or reliability of any information (including generated by the Beta Services) or Content on the Services. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. You are solely responsible for, and assume all risks associated with any information generated by the Beta Services and Business Content (including Testimonials) that you or your Reviewer submits and Services. In the event that you have a dispute with any Member, Business or Reviewer, you agree to address such dispute directly with the other party and you release Bravado (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.