Employer Terms of Service / Placement Agreement — Hire-1-1
Effective Date: [Insert Date]
These Employer Terms of Service and Placement Agreement (“Agreement”) govern services provided by Hire-1-1 (“Hire-1-1,” “we,” “us,” or “our”) to dental offices, employers, hiring practices, and their representatives (“Client,” “you,” or “Employer”).
By submitting a hiring request, accepting candidate information, scheduling an interview, hiring a referred candidate, or otherwise using Hire-1-1’s services, Client agrees to this Agreement.
1. Services
Hire-1-1 provides candidate sourcing, basic screening coordination, candidate presentation, and interview coordination services.
Hire-1-1 is not a staffing agency, temp agency, employer of record, payroll provider, professional employer organization, or background screening company.
2. No Guarantee of Results
Hire-1-1 does not guarantee:
That any candidate will be hired
That any candidate will accept an offer
That any candidate will remain employed
That any candidate will meet all expectations
That hiring needs will be filled by a specific date
That candidate information is complete, error-free, or independently verified
Hire-1-1 provides candidate sourcing and coordination support only. Final hiring decisions are solely the Client’s responsibility.
3. Client Responsibility for Hiring Decisions
Client is solely responsible for:
Interviewing candidates
Verifying licenses and certifications
Checking references
Conducting background checks where lawful
Confirming employment eligibility
Confirming clinical competency
Confirming skills, experience, and fit
Complying with wage and hour laws
Complying with employment laws
Making final hiring decisions
Supervising, training, managing, and terminating employees
Hire-1-1 does not make hiring decisions on behalf of Client.
4. No Background Checks, Reference Checks, or Formal Verification
Unless separately agreed in a signed writing, Hire-1-1 does not conduct:
Criminal background checks
Reference checks
Drug testing
Employment verification
Education verification
Work authorization verification
Driving record checks
Formal clinical competency evaluations
Formal license verification beyond basic review where applicable
Client accepts full responsibility for conducting all due diligence before hiring a candidate.
5. Candidate Information and AI-Assisted Summaries
Hire-1-1 may provide candidate summaries, skill summaries, availability, pay expectations, license information, and other candidate details based on candidate-submitted information, communications, publicly available information, software tools, and AI-assisted review.
Client understands that candidate summaries may be incomplete, inaccurate, outdated, or based on self-reported information. Client must independently verify all material information before hiring.
6. Fees
Unless otherwise agreed in writing, Client agrees to pay the following placement fees:
RDH Placement Fee: $3,000
RDA / Assistant Placement Fee: $1,500
A placement fee is earned when a Client, related entity, affiliated office, owner, manager, or representative hires, contracts with, employs, engages, or otherwise begins using the services of a candidate introduced, referred, submitted, or coordinated by Hire-1-1.
7. Payment Terms
Invoices are due within seven (7) calendar days of the candidate’s start date unless otherwise stated in writing.
Late payments may result in suspension of services.
Optional language if you want it:
Past-due balances may accrue a late charge of [1.5% per month or the maximum allowed by law, whichever is lower], plus reasonable collection costs, if permitted by law.
8. Candidate Ownership / Referral Period
If Hire-1-1 introduces, submits, refers, or coordinates a candidate with Client, and Client hires or engages that candidate within six (6) months of the introduction, the placement fee is owed.
This applies whether the candidate is hired directly, indirectly, part-time, full-time, temporary, permanent, through another entity, or at a related practice.
9. No Circumvention
Client agrees not to avoid payment by hiring a referred candidate through another office, affiliated entity, owner, manager, associate, third party, or delayed hiring arrangement.
If Client refers a candidate introduced by Hire-1-1 to another employer, related office, or third party that hires the candidate, Client remains responsible for the applicable placement fee unless otherwise agreed in writing.
10. Seven-Day Replacement Guarantee
Hire-1-1 offers a limited seven (7) calendar day replacement guarantee.
If a placed candidate voluntarily resigns, fails to report, or is terminated for cause within seven (7) calendar days of the start date, Hire-1-1 will make reasonable efforts to provide replacement candidate options for the same role.
The replacement guarantee is limited to replacement efforts only. No refunds are provided unless separately agreed in writing.
11. Conditions for Guarantee
The replacement guarantee applies only if:
Client paid the invoice in full and on time
Client notified Hire-1-1 in writing within 24 hours of the candidate’s departure or termination
The job title, pay, schedule, location, and duties did not materially change
Client did not misrepresent the role, compensation, schedule, work environment, or expectations
Candidate was not terminated due to Client misconduct, unsafe conditions, hostile work environment, unlawful conduct, discrimination, harassment, or material change in job terms
Client reasonably cooperates with replacement efforts
12. Guarantee Exclusions
The guarantee does not apply if:
Client lays off the candidate
Client changes pay, schedule, duties, location, or employment terms
Candidate leaves due to Client’s conduct or workplace conditions
Client fails to pay Hire-1-1 on time
Client hires the candidate for a different role than originally requested
Client rejects qualified replacement candidates without reasonable cause
Client fails to respond to replacement candidates or interview coordination
13. Candidate Conduct and Liability Waiver
Client understands that Hire-1-1 does not control candidates after hire and is not responsible for candidate conduct, performance, errors, omissions, malpractice, negligence, attendance, patient care, dishonesty, misconduct, workplace behavior, criminal conduct, licensing issues, or any damages caused by a candidate.
To the fullest extent permitted by law, Client releases Hire-1-1 from responsibility for claims, losses, damages, liabilities, penalties, expenses, or costs arising from or related to a candidate’s employment, engagement, conduct, performance, or actions.
14. Client Compliance with Law
Client is solely responsible for complying with all applicable federal, state, and local laws, including employment, labor, wage and hour, anti-discrimination, privacy, licensing, workplace safety, patient care, and background check laws.
Client is responsible for complying with California’s Fair Chance Act and any applicable restrictions on criminal history inquiries, background checks, and individualized assessments.
15. Equal Employment Opportunity
Client agrees not to request, require, or use candidate information in a discriminatory manner. Client agrees not to make hiring decisions based on protected characteristics under applicable law.
Hire-1-1 may refuse service if Client requests discriminatory screening or hiring practices.
16. Confidentiality
Candidate information provided by Hire-1-1 is confidential and may only be used for evaluating the candidate for employment with Client.
Client may not share candidate information with third parties without Hire-1-1’s written consent, except as necessary for lawful hiring review.
17. Non-Exclusivity
Hire-1-1’s services are non-exclusive unless otherwise agreed in writing. Candidates may be presented to multiple employers, and employers may use other hiring methods.
18. No Authority to Bind
Hire-1-1 has no authority to make employment offers, set wages, promise employment, or bind Client to any employment terms unless expressly authorized in writing by Client.
19. Limitation of Liability
To the fullest extent permitted by law, Hire-1-1’s total liability arising out of or relating to this Agreement shall not exceed the fees actually paid by Client to Hire-1-1 for the specific placement giving rise to the claim.
Hire-1-1 shall not be liable for indirect, incidental, consequential, punitive, special, exemplary, lost profit, lost revenue, patient-related, malpractice, employment-related, or reputational damages.
20. Indemnification
Client agrees to defend, indemnify, and hold harmless Hire-1-1 from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from:
Client’s hiring decisions
Candidate employment or engagement
Client’s workplace conditions
Client’s failure to verify candidate qualifications
Client’s violation of employment laws
Client’s failure to conduct background checks, reference checks, or license verification
Client’s supervision, training, management, discipline, or termination of candidates
Client’s breach of this Agreement
21. Disputes, Governing Law, and Venue
This Agreement is governed by the laws of the State of California.
Any dispute arising from this Agreement shall be brought in the state or federal courts located in [Insert County], California, unless otherwise required by law.
Optional arbitration version — attorney should review before using:
Any dispute shall first be submitted to good-faith informal resolution. If unresolved, the dispute shall be resolved by binding arbitration in [Insert County], California, under the rules of [AAA/JAMS], except that either party may pursue collection of unpaid invoices in small claims or other court of competent jurisdiction.
22. Attorneys’ Fees and Collection Costs
In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, and collection expenses, to the extent permitted by law.
23. Entire Agreement
This Agreement represents the entire agreement between Client and Hire-1-1 regarding the services described and supersedes prior discussions or understandings.
24. Updates
Hire-1-1 may update these Terms from time to time. Continued use of services after updated terms are provided or posted constitutes acceptance.