No Fee 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:
No refund shall be due to Employers that have entered into a Subscription Agreement during their Subscription Period. If (a) neither the Employer nor the Candidate discloses to Vettery that the Employer hired the Candidate (regardless of whether the Candidate accepted or declined an Interview Request through the Services), (b) the Candidate was introduced to the Employer or the employment opportunity with the Employer through the Services, and (c) Vettery subsequently discovers that the Candidate was employed by the Employer, then in lieu of the 15% Success Fee, the Employer shall pay Vettery a fee equal to 25% of the Candidate’s 1st year base salary, and Vettery may, in its sole discretion, terminate the Employer’s account.