1. Agreement to Terms

By accessing or using the services provided by Fortis Executive Recruiting ("Company," "we," "us," or "our"), you ("Client," "Candidate," or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all users of our services, including but not limited to clients seeking executive talent, executive candidates, and visitors to our website and platforms.

2. Description of Services

Fortis Executive Recruiting provides professional executive search and leadership advisory services, including:

• Executive search and recruitment services
• Leadership assessment and evaluation
• Talent advisory and consulting
• Board director searches
• Succession planning services
• Confidential executive placement
• Private equity and MBO executive recruitment
• Strategic talent intelligence

Our services are provided on a retained basis, meaning clients engage us exclusively for specific search assignments with agreed-upon terms and compensation.

3. Client Responsibilities and Obligations

3.1 Information Accuracy

Clients must provide accurate, complete, and current information about their organization, the position to be filled, and any relevant business conditions that may affect the search process.

3.2 Cooperation

Clients agree to:

• Participate actively in the search process
• Provide timely feedback on candidates
• Make key decision-makers available for interviews
• Maintain confidentiality regarding the search process
• Comply with applicable employment laws and regulations

3.3 Exclusivity

During the term of engagement, clients agree to work exclusively with Fortis Executive Recruiting for the specific position(s) covered by the search agreement and will not engage other search firms or conduct parallel internal searches without prior written consent.

4. Candidate Responsibilities

4.1 Truthful Representation

Candidates must provide accurate and truthful information about their background, experience, qualifications, and current employment status. Any misrepresentation may result in immediate termination of our relationship.

4.2 Availability

Candidates must be genuinely available for and interested in the opportunities presented to them and must promptly communicate any changes in their availability or interest level.

4.3 Professionalism

Candidates agree to conduct themselves professionally throughout the process, including during interviews, reference checks, and all interactions with our team and client organizations.

5. Fees and Payment Terms

5.1 Client Fees

Our fees are paid exclusively by client organizations. Specific fee structures, payment schedules, and terms are detailed in individual search agreements. Standard terms include:

• Retainer fees payable upon engagement
• Progress payments during the search process
• Final placement fees upon successful completion
• Expense reimbursements as specified in agreements

5.2 Candidate Fees

Candidates never pay fees for our services. All compensation is provided by client organizations engaging our services.

6. Confidentiality

6.1 Mutual Confidentiality

All parties agree to maintain strict confidentiality regarding:

• The existence and details of search assignments
• Client organization information and strategic plans
• Candidate identities and backgrounds
• Proprietary business information
• Financial and compensation details
• Search process outcomes and decisions

6.2 Data Protection

We implement appropriate technical and organizational measures to protect confidential information. Our data protection practices are detailed in our Privacy Policy.

7. Intellectual Property

All content, materials, methodologies, and intellectual property developed or used by Fortis Executive Recruiting in providing services remain our exclusive property. This includes but is not limited to:

• Assessment tools and methodologies
• Market research and intelligence
• Search processes and procedures
• Client reports and presentations
• Database information and candidate profiles

8. Limitations of Liability

8.1 Service Limitations

While we strive for excellence in all our services, we cannot guarantee specific outcomes, including but not limited to:

• Successful placement of candidates
• Candidate acceptance of offers
• Long-term performance of placed executives
• Specific timeline completion
• Availability of particular candidates

8.2 Liability Cap

Our maximum liability for any claims arising from our services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim.

8.3 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or business interruption.

9. Guarantees and Warranties

9.1 Placement Guarantee

We provide a standard replacement guarantee for placed executives as specified in individual search agreements. This typically includes a replacement search at no additional professional fee if the placed candidate leaves voluntarily or is terminated for cause within a specified period.

9.2 Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. This warranty is limited to re-performance of deficient services.

10. Termination

10.1 Termination by Client

Clients may terminate search engagements as specified in individual agreements. Termination does not relieve clients of payment obligations for services rendered prior to termination.

10.2 Termination by Company

We may terminate services immediately if:

• Payment obligations are not met
• Client or candidate provides false information
• Professional standards are violated
• Illegal or unethical behavior occurs
• Terms of service are materially breached

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Fortis Executive Recruiting is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the relevant arbitration association, or in the courts of competent jurisdiction as specified in individual agreements.

12. Compliance and Legal Requirements

12.1 Employment Law Compliance

All parties must comply with applicable employment laws, including but not limited to equal opportunity employment, non-discrimination, and privacy regulations.

12.2 International Searches

For international searches, all parties must comply with applicable immigration, work authorization, and employment laws in relevant jurisdictions.

13. Modifications and Updates

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new effective date. Continued use of our services after modifications constitutes acceptance of the updated Terms.

Material changes will be communicated to active clients and candidates via email or other direct communication methods.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with any specific search agreements, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, understandings, and communications.