No Fees shall be due to Vettery where an Employer can prove that a Candidate and the Employer were engaged in an Active Recruiting Process prior to the Employer viewing the Candidate through the Services. Vettery reserves the right to request any documentation to evidence that the Candidate was known to the Employer. This clause shall not apply where the Employer initiates the engagement through the Service. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Job Offer will be at the sole discretion of Vettery.
Refund of the Upfront Fee shall be granted in the event that:
Upon written receipt and confirmation of such information described in (1) – (3) above, Vettery will fully refund to the Employer the Success Fee related to the terminating Candidate.
No refund shall be due to Employers that have entered into a Subscription Agreement during their Subscription Period.