Thank you for choosing Smith Masilotti, LLC, dba “RailsDevs” (“RailsDevs” “we”, “us” or “our”). By creating a paid account on RailsDevs, you agree to these terms and the standard website terms (the “Standard Terms”). Capitalized words used in these terms have the meanings given in the Standard Terms.

FEES

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 as a full-time employee that you became aware of through the Service (a “Candidate”), you agree to pay us a placement fee equal to 10% of the Candidate’s guaranteed first-year compensation (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. No Placement Fee is due with respect to amounts paid to Candidates as an independent contractor.

The Placement Fee is due with respect to any Candidate that you hire as a full-time employee within 12 months of first connecting with a Candidate through the Service (the “Fee Period”). No Placement Fee is due for Candidates hired on a part-time or contract basis. 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, then you must pay a Placement Fee equal to 10% of the Candidate’s guaranteed first-year compensation.

The Placement Fee is due for any Candidate that you first connect with through RailsDevs, 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, regardless of when invoiced. Unpaid fees accrue a late fee of 10% per month from the initial date of hire until paid.

All fees are nonrefundable.

OBLIGATIONS

You must notify us that you have hired a Candidate no later than the Candidate’s first day of employment and on any subsequent advancement or change in status during the Fee Period.

You can notify us using the details below:
joe@railsdevs.com

CANCELATION

Your subscription will automatically renew monthly or annually, as the case may be until canceled. Provided your cancellation request is received at least business three days before your next renewal, cancellation is effective as of the next renewal date. Canceling your account does not terminate your obligation to pay the Placement Fee as provided in these terms. You may cancel your account through the Website.

NO PLACEMENT GUARANTEE

RailsDevs is a connection service. We make no warranties or guarantees regarding the qualifications or abilities of Candidates. 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.

NO DISCRIMINATION

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.

OTHER TERMS

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.

Our maximum liability to you under these terms will not exceed $250.

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. These terms plus our website terms comprise our entire agreement regarding your use of the Service. You may not assign this agreement.