SkySelect Service Agreement

Client is hiring HiringSky to conduct a specialized Sourcing Sprint to identify, professionally screen, and engage top-tier talent for the role identified in the Client's completed intake form. The role title and requirements confirmed during the Kickoff Call constitute the agreed scope of this search.

HiringSky agrees to provide the following deliverables within five (5) business days of the completed Kickoff Call:

• The Kickoff Call — A 60-minute session conducted via video or phone to define the Ideal Candidate Profile, required skills, compensation parameters, and dealbreakers. Sourcing does not begin until this call is complete.
• Sourcing & Outreach — Identification and direct engagement of passive candidates via LinkedIn Recruiter, niche human services networks, university talent programs, and direct outreach. All outreach is conducted by HiringSky on behalf of the search.
• Screening — Preliminary professional screening of interested candidates evaluating skills, relevant experience, compensation alignment, and availability. Screening does not include background checks, reference checks, credential verification, or behavioral assessments.
• The SkySelect Matrix — A curated shortlist of 3–5 screened, interested, and available candidates. Each profile includes: resume, LinkedIn URL, confirmed salary expectations, notice period, and HiringSky's written "Why They Fit" assessment.
• Candidate Handoff — Direct introduction of shortlisted candidates to the Client's designated hiring contact for final interviews.
• ATS Review (Optional Add-On — $150) — If separately requested and purchased, HiringSky will screen existing inbound applicants within the Client's ATS against the agreed Ideal Candidate Profile.

Client acknowledges that HiringSky is a Sourcing & Talent Advisory firm, not a traditional recruitment agency or staffing company.

• Payment is for the Search, Not the Hire — The fee compensates HiringSky for the time, tools, and expertise required to source and screen candidates. The fee is fully earned upon delivery of the SkySelect Matrix, regardless of whether the Client extends an offer or completes a hire.
• No Placement Guarantee — HiringSky does not guarantee that Client will hire a candidate from the Matrix. Hiring decisions rest solely with the Client. See Section 5 for the No-Ghosting Guarantee, which is separate from this provision.
• Background Check Disclaimer — HiringSky's screening evaluates professional skills and experience only. HiringSky does not conduct criminal background checks, credit checks, drug screenings, degree verifications, license verifications, or reference checks. Client is solely responsible for all pre-employment due diligence prior to extending any offer of employment.
• Candidate Data Use Restriction — Client may use candidate information in the Matrix solely to evaluate candidates for the specific role in this Agreement. Client may not share, redistribute, or use candidate profiles for any other role, organization, or purpose without a separate written Agreement and fee.

• Service Hours — HiringSky services are performed Monday–Friday, 9:00 AM–5:00 PM Eastern Time, excluding Federal Holidays. Communications and sourcing are not conducted on weekends.
• The 48-Hour Feedback Rule — Client agrees to provide written feedback on submitted candidates within two (2) business days of Matrix delivery. If feedback is delayed, the Sprint Timeline is paused and extended day-for-day. HiringSky is not responsible for candidates who accept other offers due to Client delays.
• The Job Description is Binding — The search is based exclusively on the role profile agreed upon at the Kickoff Call. Material changes after sourcing commences are governed by the Scope Change Policy below.
• ATS Access — If ATS Review is purchased, Client provides temporary login credentials limited to this engagement. Client retains full responsibility for ATS data privacy and security.

Either party may cancel this Agreement with written notice via email. Cancellation is effective upon confirmed email receipt.

In the event of any dispute arising from this Agreement, both parties agree to attempt resolution in good faith through written notice. If unresolved within thirty (30) calendar days of written notice, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association in Miami-Dade County, Florida, before either party may pursue litigation. Each party bears its own legal fees unless the arbitrator determines otherwise. Either party may bring eligible claims in small claims court without first submitting to arbitration.

HiringSky shall not be in breach of this Agreement for any delay or failure to perform resulting from circumstances beyond its reasonable control, including illness or medical emergency, natural disasters, platform outages, cyberattacks, or acts of government. HiringSky will notify Client in writing within two (2) business days and provide a revised delivery timeline. Client may cancel without penalty if the revised timeline extends more than ten (10) business days beyond the original delivery date, subject to the refund terms in Section 7.

Both parties agree to hold in strict confidence all non-public business information received in connection with this Agreement — including organizational strategy, compensation structures, personnel matters, candidate data, and sourcing methodologies. This obligation survives termination of this Agreement and remains in effect for two (2) years following conclusion of the engagement. Exceptions apply to information that is publicly available, independently known prior to disclosure, or required to be disclosed by law or court order.

HiringSky acts solely as a talent sourcing advisor. Client retains sole authority and final legal responsibility for all hiring decisions, employment offers, interview practices, and compliance with all applicable federal, state, and local employment laws — including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Credit Reporting Act (FCRA), and all applicable EEOC guidelines.

HiringSky's total aggregate liability under this Agreement shall not exceed the total fees paid by Client for the applicable Sprint. HiringSky is not liable for indirect, incidental, consequential, or punitive damages; lost profits; legal fees; or the future performance, conduct, attendance, or illegal acts of any candidate hired by Client.

All official notices, cancellations, guarantee claims, and dispute notifications must be delivered via email to the designated contact addresses confirmed at the time of purchase. Notices sent via text message, phone call, social media, or verbal communication do not constitute official notice under this Agreement. Email notices are deemed received within twenty-four (24) business hours of sending.

• Independent Contractor — HiringSky is an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, joint venture, or agency between the parties.
• Governing Law — This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles.
• Severability — If any provision is found unenforceable, the remaining provisions continue in full force and effect.
• Waiver — Failure to enforce any provision does not constitute a waiver of future enforcement.
• Amendment — This Agreement may only be amended by a written document signed by authorized representatives of both parties.
• Entire Agreement — This document constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
• Electronic Agreement — Completion of payment on the HiringSky checkout page constitutes Client's electronic acceptance of this Agreement in full. This clickwrap acceptance is legally binding and equivalent to a written signature.

By completing payment on the HiringSky checkout page, Client confirms they have read, understood, and agreed to all terms of this Agreement. This Agreement is effective as of the date and time payment is received.