Terms of Service

THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND BIG 4 TALENT, INC. (“BIG 4 TALENT,” “WE,” OR “US”). THESE TERMS OUTLINE THE PARAMETERS GOVERNING YOUR USE OF THE WEBSITE LOCATED AT WWW.BIGFOURTALENT.COM, ALONG WITH ALL ASSOCIATED SITES LINKED TO WWW.BIGFOURTALENT.COM BY BIG 4 TALENT, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES (REFERRED TO COLLECTIVELY AS THE “SITE”). ADDITIONALLY, THEY ENCOMPASS ALL SOFTWARE, SERVICES, INFORMATION, AND CONTENT ASSOCIATED WITH OR PROVIDED OR OFFERED FOR SALE THROUGH THE SITE (REFERRED TO COLLECTIVELY AS THE “SERVICES”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO THE “SITE” INCLUDE THE SERVICES ACCESSIBLE THROUGH THE SITE. YOUR USE OF THIS SITE OR THE SERVICES INDICATES YOUR ACCEPTANCE OF ALL THESE TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE SITE, ANY SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SITE. IF YOU ARE UTILIZING THE SITE FOR YOUR COMPANY’S PURPOSES, YOU AFFIRM THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WITH THE LEGAL AUTHORITY TO BIND YOUR COMPANY TO THESE TERMS.

THESE TERMS INCORPORATE A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS UNDER THESE TERMS AND IN RELATION TO DISPUTES YOU MAY HAVE WITH BIG 4 TALENT, UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE CONSUMER PROTECTION LEGISLATION. YOU HAVE THE OPTION TO DECLINE THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER, AS DETAILED BELOW.

The terms "you," "your," "user," or "member," whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason.

To access and utilize the Site and its Services, users must be aged 18 or older. By accessing the Site or using the Services, you affirm, acknowledge, and consent that you are aged 18 or above, and possess the legal capacity to consent to and adhere to these Terms.

Furthermore, you affirm that your usage of the Site and Services complies with all relevant laws and regulations.

Please note that not all products and services offered on the Site may be available in every geographic region. Your eligibility for specific products and services is subject to final confirmation by Big 4 Talent and/or its affiliates.

Big 4 Talent reserves the right to terminate these Terms and your access to the Site and Services without prior notice if, at our sole discretion, we determine that you are below the age of 18 or have otherwise breached these Terms.

Big 4 Talent provides you with a limited, revocable, non-exclusive privilege to access and utilize the Sites for your personal, non-commercial purposes, specifically for seeking employment opportunities or candidates for yourself. By using the Sites, you acknowledge and accept full responsibility for any content, including resumes or other documents, that you upload or post, along with any consequences arising from such postings. You are not permitted to sell, transfer, or assign any of the Services or associated rights to any third party without obtaining prior written consent from Big 4 Talent. Big 4 Talent reserves the right to suspend or terminate your access and use of the Sites at any time if it determines, at its sole discretion, that you have breached these Terms and Conditions.

As a candidate, you have the ability to utilize the Services to search for jobs, apply to job listings, receive job alerts via email or text messages where available, and includes your resume and relevant information in our system for matching to employers. For the purposes of this Agreement, the terms "resume" or "CV" also encompass a curriculum vitae, profile, preferences, recommendations, and other similar written summaries or evaluations of a person's experience and qualifications.

Acknowledging that Big 4 Talent operates multiple Sites within the Big 4 Talent job network, and may acquire additional Sites over time, you consent to receiving marketing communications from other Sites in the Network (e.g., Finance) or from Big 4 Talent's partners and affiliates if you register on one Site (e.g., Accounting), unless you opt out of such communications.

You agree to Big 4 Talent using the information you provide, such as your resume/CV, to send you information about job advertisements that may match your interests. Additionally, you consent to Big 4 Talent sharing your resume/CV (unless designated as private) with an employer or recruiter who may be interested in candidates with qualifications similar to those you possess. Furthermore, you agree to receive communication, whether electronic or otherwise, from employers or recruiters who express interest in your profile.

Should you wish for Big 4 Talent to share your information and resume/CV with potential employers, recruiters, or staffing agencies, you grant Big 4 Talent a non-exclusive, royalty-free, worldwide license (including the right to sublicense) to share or use your resume/CV and additional information as necessary to provide the services.

You may receive messages, emails, or notifications related to your activity on the Sites, job application process, or other communication services provided through the Sites. These messages are provided as a courtesy, and Big 4 Talent makes no warranties regarding their transmission or storage, nor does it guarantee their delivery or receipt. Messages intended for closed accounts will not be deliverable.

Big 4 Talent reserves the discretion to enable messaging or other communication options for select Employers or Job Listings, and to disable messaging for any Employer or candidate at any time without prior notice. If you use Big 4 Talent to communicate with an Employer, your messages will be delivered as instructed to the Employer.

Big 4 Talent extends to you a limited, terminable, and non-exclusive privilege to access and employ the Sites solely for internal business purposes (or on behalf of your clients) in the pursuit of suitable candidates for employment. The sale, transfer, or assignment of any Services or associated rights to third parties requires prior express written authorization from Big 4 Talent. You acknowledge sole responsibility for the content of any documents posted on a Site and any consequences arising from such postings. Big 4 Talent retains the right to suspend or terminate your access and usage if any breach of these Terms and Conditions is detected. As an Employer, you affirm that materials provided for use in connection with the Services comply with all laws and regulations and do not infringe upon third-party proprietary rights. By posting materials, including Job Listings and/or Job Ads, you grant Big 4 Talent a non-exclusive, worldwide, royalty-free license to utilize, copy, distribute, display, and/or transmit them, along with the authority to hyperlink to your website as necessary in connection with the Services.

Big 4 Talent provides you with a limited, personal, terminable, non-transferable, and non-exclusive right to access matched candidate profiles via the Sites for the purpose of viewing and/or downloading resumes and other relevant materials solely for your (or your clients') use. Matched candidate profiles are restricted to you alone. You are prohibited from sharing your password or granting access to any third party. You agree to maintain the confidentiality of your password, change it regularly, and employ adequate security measures. Your use of the candidates profiles your company have been matched with must not adversely affect Big 4 Talent's operations, site functionality, or the privacy preferences of Job Seekers. Use of the candidate database is strictly limited to seeking candidates for employment and may not be exploited for sales, promotions, or actions inconsistent with these Terms and Conditions or in violation of any laws. Big 4 Talent reserves the right to modify or terminate access to currently or previously matched candidates at its discretion. Access to the candidate database does not confer any ownership or interest in the database or any other Big 4 Talent assets. All rights to the matched candidate profiles remain with Big 4 Talent.

a. Big 4 Talent operates on a contingency fee basis. This means that our fee is contingent upon the successful placement of a candidate with your company.

b. You agree to pay Big 4 Talent a fee only if you hire a candidate referred by us. The fee is payable upon the candidate's acceptance of the offer of employment.

c. The contingency fee percentage and any additional terms related to the fee structure will be outlined in a separate Fee Agreement provided by Big 4 Talent.

a. Big 4 Talent will present candidates to your company based on your job requirements and criteria.

b. You agree to promptly inform Big 4 Talent of any hiring decisions, including offers of employment extended to candidates referred by us.

c. If you hire a candidate referred by Big 4 Talent, you agree to notify us of the candidate's acceptance of the offer of employment within 15 days from the day of candidate acceptance.

To access the Fee Agreement for further clarification on fee structures and terms, please go to Bigfourtalent.com > Profile Dashboard > Documents.

By accessing and utilizing the Sites, you affirm, warrant, and undertake not to engage (or aid, solicit, or abet others in engaging) in any activity that contravenes these Terms and Conditions or any applicable laws.

Explicitly, you are barred from leveraging job postings for commercial purposes. Additionally, you are prohibited from disseminating job postings to group or mass distribution lists, or in contravention of local, state, federal, or international laws, statutes, or regulations, including but not limited to the federal CAN SPAM Act of 2003 and Canada’s Anti-Spam Law. Should you dispatch any communications via the Sites or information acquired from them, you must secure prior consent directly from the recipient, declare the purpose of obtaining such consent, clearly identify yourself, furnish contact details, and apprise individuals of their ability to opt-out or unsubscribe from further communications.

Job postings must pertain to individual openings for conventional, W-2 employees or 1099 contractors. Resume postings must accurately represent the resume of a living individual seeking employment on a full-time, part-time, or contractual basis on their own behalf. Big 4 Talent assumes no obligation to monitor resumes, documents, or materials. All postings must refrain from containing discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, or abusive content. Furthermore, postings must not incorporate copyrighted material or disclose confidential information or trade secrets belonging to any party.

Maintain the confidentiality of your password. You are accountable for safeguarding the confidentiality of your information and password. Any use of your registration, whether or not authorized by you, falls under your responsibility. In the event that unauthorized individuals utilize your password to post inappropriate material on the Sites, you risk losing access to the Sites. You consent to promptly notify Big 4 Talent of any unauthorized use of your registration and password.

When you upload your resume on the Site, create a profile and set your profile as ‘Active’, you gain exposure to employers seeking candidates for various positions, when matched.

By opting to expand your Preferences and criteria on your profile, you enhance your visibility to a wide range of potential employers. Registered employers who have access to this database can review your resume and contact details, as disclosed by you in your resume or profile.

You retain the right to remove your resume from our searchable database at any time. However, it's important to note that employers, recruiters, and others who have obtained access to the database, whether through payment or otherwise, may have saved a copy of your resume in their own records or databases. We cannot oversee the retention, utilization, or privacy of resumes or profiles downloaded by third parties. Hence, it's advisable not to include information in your resume that you wish to keep private.

Big 4 Talent assumes no liability for resumes, documents, or materials posted by users, nor for the actions, omissions, or conduct of users. Our role primarily involves facilitating the online distribution and matching of user-submitted information, without an obligation to pre-screen communications or information. While we reserve the right to investigate and potentially remove resumes or materials that allegedly violate these Terms and Conditions, such actions are at our discretion. Big 4 Talent shall not be held liable for any performance or nonperformance in this regard, and reserves the right to take any necessary or appropriate action concerning user-submitted information.

Big 4 Talent actively monitors the Sites for job postings that contravene these Terms and Conditions. If fraudulent activity is detected, we promptly remove the offending postings. Nonetheless, it's essential for job seekers to exercise caution during their search. Here are some tips to consider:

• Never disclose your social security number to a potential employer, unless required for onboarding purposes after being hired with an employer. At which time, we are no longer involved in the onboarding process.
• Refrain from providing credit card or bank account numbers or engaging in financial transactions.
• Exercise caution when communicating with individuals outside your country.
• Avoid divulging non-work-related personal information (e.g., eye color, marital status) over the phone or online.
• Beware of job postings that direct you to send your resume to a free email service address (e.g., Gmail, Yahoo, Hotmail).

You may view certain portions of the site without registering with Big 4 Talent as a registered user. However, in order to access certain password restricted areas of the site and to use certain services offered on the site, you must register at the site for an account, and create a username and password, as well as verify your email. To create an account with Big 4 Talent, you are required to furnish certain details, including your name, email address, desired location, target job title, target salary, and employment history. Optionally, you may provide additional information such as detailed work and educational history, areas of expertise, and any other pertinent details. Submission of your account registration information constitutes a request for registration, subject to approval or rejection by Big 4 Talent at our discretion.

Big 4 Talent may offer the option to register for an account on our platform using your existing credentials from Third-Party Sites, the list of which may vary over time.

You are accountable for maintaining the confidentiality of your Big 4 Talent account password and any passwords associated with Third-Party Sites (collectively referred to as “Password”). You agree not to disclose your Password to others, permit unauthorized access to or use of your Password, or engage in any activities that could compromise its security. Should your Password be lost, stolen, or if you become aware of any unauthorized usage on our platform, you must promptly notify Big 4 Talent. Additionally, inform us of any security breaches related to our platform.

All information provided during account registration and via our platform must be accurate, complete, and current. You are solely responsible for ensuring the accuracy, completeness, and currency of such information. Changes, corrections, or removal of certain details from your account can be made by logging into your account on our platform and updating the relevant information.

We have a Privacy Policy that outlines how we handle the personal information we collect about you via our Site. By using our services, you accept and agree to be bound by this Privacy Policy. It's available for your review at Privacy Policy page: https://www.bigfourtalent.com/privacy-policy.

User-Generated Content: You are accountable for any information, viewpoints, messages, comments, photographs, videos, graphics, sounds, or other content or material that you submit, upload, post, or otherwise make accessible on or through the Big 4 Talent platform and/or its services (“User-Generated Content”). Without express permission from the rightful owner, you may not upload, post, or otherwise make available any material protected by copyright, trademark, or any other proprietary right owned by a third party. The responsibility for determining whether any material is protected by such rights lies with you, and you shall bear sole liability for any damages resulting from copyright infringement, trademark violation, breach of proprietary rights, contract violations, invasion of privacy or publicity rights, or any other harm arising from your User-Generated Content. You are wholly responsible for the legality, reliability, and appropriateness of your User-Generated Content.

Unless explicitly stated otherwise herein or in our Privacy Policy, you agree that any User-Generated Content submitted, uploaded, posted, or otherwise made available by you in connection with your use of our platform and/or services is provided on a non-proprietary and non-confidential basis. By providing User-Generated Content, you grant Big 4 Talent a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to utilize, reproduce, process, adapt, publicly perform, publicly display, modify, create compilations and derivative works of, publish, transmit, and distribute your User-Generated Content, or any portion thereof, as well as to publish, transmit, distribute, and sell compilations and derivative works of your User-Generated Content, in any form, medium, or distribution method now known or developed in the future, without any compensation to you. Your User-Generated Content may be automatically scanned by Big 4 Talent to improve your experience with our platform and services and provide targeted information. Such scanning is expressly included in the aforementioned license to your User-Generated Content.

Big 4 Talent may modify or adapt your User-Generated Content to transmit, display, or distribute it over computer networks and various media, or make changes to your User-Generated Content as necessary to conform and adapt it to any requirements or limitations of networks, devices, services, or media. Depending on your account settings, when you post or share User-Generated Content through our services, you acknowledge that your User-Generated Content and any associated information (such as your username or profile information) may be accessible to others. You agree to compensate all royalties, fees, damages, and any other payments owed to any person due to any User-Generated Content posted by you on or through our platform. By providing User-Generated Content, you confirm that it does not violate the “Unauthorized Activities” section below. Although Big 4 Talent is not obligated to monitor, screen, edit, or remove any User-Generated Content or other information provided by you or any other user, we reserve the right to delete or remove User-Generated Content at any time and for any reason without prior notice.

The trademarks, names, and logos displayed on the Big 4 Talent platform are the property of their respective owners. Unless explicitly stated otherwise in these Terms, all content and visual elements present on the platform, including documents, services, design, text, graphics, logos, images, and icons, as well as their arrangement, are exclusively owned by Big 4 Talent. All rights not expressly granted in these Terms are reserved. Without the express written consent of the copyright owner or licensee, reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited, except as required or limited by applicable law.

Big 4 Talent's platforms may include links to external websites, either provided by us to assist users in finding relevant information or added by other users. Your decision to use such links, leading to external websites, is entirely at your own risk. Big 4 Talent does not oversee or exercise control over these third-party websites, nor do we make any claims or representations regarding their content or presentation. We do not assume liability for the material or layout of linked sites. Any links provided by Big 4 Talent are offered for convenience only, and their inclusion does not imply our endorsement, adoption, sponsorship, or affiliation with the linked third-party website. Please be aware that upon leaving a Big 4 Talent platform, our terms and policies no longer govern your interactions with third-party websites.

Big 4 Talent strictly prohibits the posting of any content that infringes or violates copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any individual or entity. If you believe that any content on the Big 4 Talent platform infringes upon your intellectual property rights (or those you are responsible for enforcing), please contact Big 4 Talent at the address provided below. Your written statement should include: (a) identification of the copyrighted work and/or intellectual property right claimed to be infringed; (b) identification of the specific material on the platform that you request to be removed due to infringement; (c) your name, address, daytime telephone number, and email address if available; (d) a statement affirming your good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is unauthorized by the owner, its agent, or the law; (e) a statement asserting the accuracy of the information provided in the notification and, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed right; and (f) the signature of the intellectual property right owner or an authorized representative. Upon receipt of such notification (or any statement compliant with 17 U.S.C. § 512(c)(3)), Big 4 Talent will promptly remove any infringing content posted on the platform in accordance with United States law. It is important to note that United States law imposes severe penalties for submitting false statements under this provision. In cases of repeated submission of infringing or unlawful material, individuals may be prohibited from posting further submissions. The designated contact for submission of notices under this section is: admin@bigfourtalent.com.

While utilizing the Big 4 Talent platform and its services, you agree not to engage in the following activities:

1. Defamation, abuse, harassment, stalking, threats, or any violation of others' legal rights, including privacy and publicity rights.
2. Usage of racially, ethnically, or otherwise offensive language.
3. Discussion or encouragement of illegal activities.
4. Posting of explicit or obscene language, or solicitation/posting of sexually explicit images, whether actual or simulated.
5. Posting of content that exploits children or minors, or depicts cruelty to animals.
6. Posting of any copyrighted or trademarked materials without explicit permission from the owner.
7. Providing false or inaccurate information during user registration.
8. Altering or deleting any material or information posted by other users or on the platform.
9. Dissemination of unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation.
10. Usage of any automated means, such as robots, spiders, or scrapers, to access the platform.
11. Usage of the platform, services, or materials for commercial or pecuniary purposes.
12. Usage of the platform in any manner harmful to others.
13. Attempting to modify, adapt, translate, decipher, decompile, disassemble, or reverse engineer any software component of the platform, services, or materials.
14. Reproduction, duplication, copying, selling, reselling, or exploitation of any portion of the platform, services, or access to them for commercial purposes.
15. Removal of any copyright, trademark, or other proprietary rights notice from materials originating from the platform.
16. Framing or mirroring any part of the platform without prior written consent from Big 4 Talent.
17. Creating a database or data store, or any other form of data retrieval, by systematically downloading, storing, or making available any content from the platform.
18. Using the platform or services in a manner that violates any applicable law or regulation, or infringes upon the rights of any individual.
19. Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may harm, disrupt, or overburden the platform.

This list serves as an illustration and is not exhaustive. Big 4 Talent reserves the right to (a) terminate access to your account or your ability to post on the platform (or use the services), and (b) refuse, delete, or remove any user-generated content, with or without cause, and with or without notice, for any reason or no reason, or for any action deemed inappropriate or disruptive by Big 4 Talent, at its sole discretion. Big 4 Talent may also report any potentially illegal activities to law enforcement authorities, and cooperate with investigations as required by law or at our discretion.

Unauthorized use of any materials or third-party content contained on the platform may result in violations of certain laws and regulations.

Big 4 Talent serves as a platform for employers/recruiters to post jobs and search for candidates, and for candidates to post their profiles and search and apply for jobs. However, Big 4 Talent is not directly involved in the transaction between employers/recruiters and candidates. Consequently, Big 4 Talent has no control over User Content, or the quality, safety, or legality of jobs or resumes posted, and does not make any representations regarding any jobs, resumes, or User Content. Big 4 Talent shall not be held responsible for any employment decisions made by any entity in connection with jobs posted on or through the platform. You acknowledge and agree that you are solely responsible for the accuracy, form, and substance of your User Content, including any third-party contact information provided to Big 4 Talent for referral hiring. You also acknowledge and agree that you are responsible for evaluating any Materials (including job postings) and that Big 4 Talent shall not be liable for your career decisions.

Big 4 Talent is not involved with or responsible for any transaction between you and a third party, including your employer or a recruiter. Any referral bonus or payment available to you through your employer’s internal company referral policy is governed strictly by the terms of such policy, if any, and any applicable employment or company agreements. Any payment to you from a third party, including any features or functionalities available on the platform, is solely the responsibility of the applicable third party. Big 4 Talent is not responsible for non-payment or under-payment by any third parties (including recruiters), or for the content or experience of any emails or other communications from such third parties.

Certain jurisdictions may not allow the exclusion or limitation of liability, or of certain damages. If these laws apply to you, some or all of the following exclusions or limitations may not apply to you, and you may have additional rights.

Big 4 Talent shall not be liable to you for any damages resulting from your display, copying, or downloading of any materials to or from the platform. In no event shall Big 4 Talent be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if Big 4 Talent is aware of the possibility of such damages.

Big 4 Talent’s maximum total, aggregate liability arising out of or in connection with the platform and any materials or services provided therein, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will in no event exceed the total amount you have paid to Big 4 Talent within the twelve (12) month period preceding the date the claim first arose.

You agree to indemnify and hold Big 4 Talent, as well as its officers, directors, employees, affiliates, agents, licensors, and business partners, harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and defense costs) incurred by Big 4 Talent or any other party entitled to indemnification, arising from or in connection with any claim or demand from a third party. This includes claims or demands alleging that (a) your use of the platform and services, or the use of the platform and services by any person using your username and/or password (including, but not limited to, your participation in posting areas or your User Content), violates any applicable law or regulation, or infringes upon the copyrights, trademark rights, or other rights of any third party; and (b) your use of the matching feature (including any job applications submitted on your behalf and all associated information) violates any third-party terms and conditions or other guidelines or requirements.

This Agreement is governed by the internal substantive laws of the State of Delaware, without regard to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall be exclusively within the appropriate courts of Delaware. If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Big 4 Talent platform, and you shall cease all use and access immediately upon termination. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Big 4 Talent in a particular “Legal Notice” or material on specific web pages of the platform, this Agreement constitutes the entire agreement between you and Big 4 Talent. In the event of any legal action arising under this Agreement or between Big 4 Talent and a user, if Big 4 Talent is the prevailing party, it shall be entitled to recover all costs and expenses, including but not limited to reasonable attorneys' fees, incurred in enforcing, attempting to enforce, or defending any of the Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.

Big 4 Talent reserves the right to update or modify these Terms of Service at any time without prior notice. Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the Big 4 Talent platform. Users will be informed of these changes through a notification on the platform or via email to the email address associated with their account. It is the responsibility of users to review the Terms of Service periodically for any updates or modifications. Continued use of the Big 4 Talent platform after any changes or modifications constitutes acceptance of the revised Terms of Service. If a user does not agree to the revised Terms of Service, they must discontinue use of the platform.

If you have any questions about these Terms of Service, please contact us at: admin@bigfourtalent.com.