Terms of Service

Welcome to Arcspan Talent. These Terms of Service ("Terms") govern your use of our executive recruitment services and constitute a legally binding agreement between you ("Client") and Arcspan Talent ("Company," "we," "us," or "our").

These Terms apply to all clients, candidates, and users of our services. If you do not agree to these Terms, please do not engage our services.

Arcspan Talent provides executive recruitment and search services, including but not limited to:

• Executive search and recruitment services
• Board and CEO placement services
• Senior management recruitment
• Industry-specific talent acquisition
• Candidate assessment and evaluation
• Market research and salary benchmarking
• Succession planning consultation

Clients agree to the following obligations:

3.1 Information Provision

• Provide accurate and complete job descriptions
• Disclose all material information about the position and company
• Provide timely feedback on candidate submissions
• Maintain confidentiality regarding our search process

3.2 Cooperation Requirements

• Make key decision-makers available for interviews
• Respond to candidate-related inquiries within 48 hours
• Provide reasonable access to company facilities and personnel
• Comply with all applicable employment laws and regulations

3.3 Exclusivity

During the search period, Client agrees not to engage other search firms for the same position without prior written consent from Arcspan Talent.

4.1 Fee Structure

• Professional fee: Typically 25-35% of the candidate's first-year total compensation
• Retainer fee: Paid in installments as outlined in the engagement letter
• Expenses: Reasonable out-of-pocket expenses with prior approval

4.2 Payment Schedule

• Initial retainer: Due upon signing of engagement letter
• Progress payments: As specified in the engagement agreement
• Final payment: Due upon candidate acceptance of offer

4.3 Payment Terms

All invoices are due within 30 days of receipt. Late payments may incur interest charges of 1.5% per month or the maximum rate allowed by law.

5.1 Mutual Confidentiality

Both parties agree to maintain strict confidentiality regarding all information shared during the engagement, including:

• Company proprietary information and trade secrets
• Candidate personal and professional information
• Search strategies and methodologies
• Financial and compensation information
• Business plans and strategic initiatives

5.2 Duration

Confidentiality obligations remain in effect for a period of five (5) years following the completion or termination of services.

5.3 Exceptions

Confidentiality obligations do not apply to information that is publicly available or required to be disclosed by law.

6.1 Data Collection

We collect and process candidate personal data in accordance with applicable privacy laws and regulations. This includes:

• Professional background and experience
• Contact information and references
• Compensation and benefits information
• Interview feedback and assessments

6.2 Data Protection

We implement appropriate technical and organizational measures to protect candidate data against unauthorized access, disclosure, or misuse.

6.3 Candidate Rights

Candidates have the right to access, correct, or delete their personal data in accordance with applicable privacy laws.

7.1 Ownership

Arcspan Talent retains all rights to:

• Search methodologies and processes
• Candidate databases and profiles
• Market research and analysis
• Proprietary assessment tools

7.2 Client Materials

Reports, candidate profiles, and other materials prepared specifically for Client may be used by Client for the intended purpose but may not be shared with third parties without consent.

7.3 Restrictions

Client may not reproduce, distribute, or create derivative works from our proprietary materials without written permission.

8.1 Service Limitations

Arcspan Talent provides professional recruitment services but does not guarantee:

• Successful placement of candidates
• Candidate performance or longevity
• Specific timeline for completion
• Candidate acceptance of job offers

8.2 Liability Cap

Our total liability for any claim arising from our services shall not exceed the total fees paid by Client for the specific engagement.

8.3 Excluded Damages

9.1 Termination Rights

Either party may terminate the engagement with 30 days written notice. Immediate termination is allowed for:

• Material breach of contract
• Failure to pay fees when due
• Insolvency or bankruptcy
• Violation of confidentiality obligations

9.2 Effect of Termination

Upon termination:

• All unpaid fees become immediately due
• Confidentiality obligations remain in effect
• Both parties return confidential materials
• Ongoing candidate processes may be completed

9.3 Survival

Provisions regarding confidentiality, intellectual property, and limitation of liability survive termination.

10.1 Mediation

Any disputes arising from these Terms shall first be addressed through good faith negotiations. If unsuccessful, disputes shall be submitted to mediation.

10.2 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration institution.

10.3 Governing Law

These Terms shall be governed by the laws of the United Arab Emirates and the Dubai International Financial Centre (DIFC).

10.4 Jurisdiction

Any legal proceedings shall be conducted in the courts of Dubai, UAE.

11.1 Entire Agreement

These Terms, together with the engagement letter, constitute the entire agreement between the parties and supersede all prior agreements.

11.2 Amendments

These Terms may only be modified in writing signed by both parties. We may update these Terms with 30 days notice for future engagements.

11.3 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.4 Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control.

11.5 Assignment

These Terms may not be assigned without prior written consent, except that we may assign to affiliated companies.

11.6 Notices

All notices must be in writing and delivered to the addresses specified in the engagement letter or these Terms.