Introduction. This document contains the terms and conditions governing your use of BOD Services Corp. and are deemed accepted by you each time you use BOD Services Corp. These Terms and Conditions are updated and effective as of August 1, 2026, and shall supersede all prior versions unless otherwise expressly agreed to in writing by BOD Services Corp.
Binding Agreement. These terms and conditions (as they may be amended from time to time by BOD Services Corp.), together with your Account Activation Form (also known as the Services Agreement), form a binding agreement between you and BOD Services Corp. Your signing of the BOD Services Corp. Services Agreement indicates your acceptance of these terms and conditions. You are agreeing to use BOD Services Corp. at your own risk.
General Use. BOD Services Corp. is intended for direct employers seeking candidates for employment. You may use BOD Services Corp. only for lawful purposes within the stated context of BOD Services Corp.'s intended and acceptable use as solely determined by BOD Services Corp.
Intellectual Property. The BOD Services Corp. site, content sent to you, and all right, title and interest therein are the sole property of BOD Services Corp. and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these terms and conditions, BOD Services Corp. reserves for itself all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose.
License to Use. BOD Services Corp. hereby grants you a limited, terminable, non-exclusive right to use BOD Services only for seeking candidates for employment. This authorizes you to view material solely for your personal use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of the services or your rights to any of the services provided by BOD Services to any third party without the express written authorization of BOD Services Corp. BOD Services Corp. reserves the right to suspend or terminate your use at any time if BOD Services Corp. determines that you are in breach of these terms and conditions and then charge you a termination fee.
Jobseeker Data. Because user authentication on the internet is difficult, BOD Services Corp. cannot and does not confirm that each jobseeker is who they claim to be. Because BOD Services Corp. does not and cannot be involved in user-to-user dealings or control the behavior of participants while on the job, in the event that you have a dispute with one or more jobseekers, you release BOD Services Corp. from claims, demands and damages (actual and consequential, and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WARRANTY DISCLAIMERS. TO THE FULLEST EXTENT POSSIBLE BY LAW, BOD SERVICES CORP. DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, BOD SERVICES CORP. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BOD SERVICES CORP., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOD SERVICES CORP. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. BOD SERVICES CORP. MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE JOBSEEKERS OR TIMELINESS OF THEIR SERVICES IN MEETING YOUR BUSINESS OBJECTIVES. BOD SERVICES CORP. DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN EMPLOYEES BEING RETAINED ONCE PLACED IN YOUR BUSINESS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
BOD Services Corp. makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any resumes shared by jobseekers, or of any other form of communication engaged in by you and the employee/jobseeker. Resumes may contain inaccuracies or typographical errors. You agree that any reliance on resumes generated by jobseekers, or on any other form of communication with users, will be at your own risk, and it is the responsibility of the jobseeker to be truthful.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BOD SERVICES CORP. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS) BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR ACCESS TO ANY DOCUMENTATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOD SERVICES CORP. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT POSSIBLE BY LAW, BOD SERVICES CORP.'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH BOD SERVICES OR YOUR USE OF BOD SERVICES CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Equitable Relief. Due to the nature of this agreement, in addition to money damages, you agree that BOD Services Corp. will be entitled to equitable relief upon a breach of this agreement by you.
Amendments to Agreement. BOD Services Corp. reserves the right to revise these Terms and Conditions at any time by posting an updated version on its website or otherwise providing written notice to the Client. Any amendments to an individual Services Agreement, including but not limited to pricing, service levels, staffing requirements, billing arrangements, or other contractual terms, must be mutually agreed upon in writing and may be documented through a written amendment, addendum, or other written instrument executed by both parties. No verbal modification or representation shall alter the terms of this Agreement.
Payments. BOD Services Corp. will charge you the amount stated in the Services Agreement plus a 5% convenience fee for credit card processing or a 3.5% convenience fee for ACH processing. American Express cards are not accepted. Client shall provide a direct withdrawal (ACH) bank account as a backup payment method; in the event a credit card payment is declined twice, BOD Services Corp. is authorized to charge the backup direct withdrawal account for the amounts due. Unless stated otherwise in writing, the plans you selected will be indefinite and will accordingly continue to be renewed at the same billing frequency. Amounts charged are non-refundable, and it is your responsibility to voice your desire to cancel the plans in advance of each payment being processed. BOD Services Corp. will not be held responsible for any salary the employer is required to pay to the employee. BOD Services Corp. payments will only be used as a subscription for the sourcing of the employee.
Automatic Payment Authorization. By executing the Services Agreement, Client authorizes BOD Services Corp. to automatically charge the payment method provided in the Services Agreement, or any subsequently authorized payment method provided by the Client (including the backup direct withdrawal account described above), for all recurring service fees, convenience fees, licensing fees, replacement fees, buy-out fees, and any other charges incurred under this Agreement.
Licensing Fees. When applicable, all candidate licensing, appointment, registration, NIPR, fingerprinting, or other regulatory fees incurred on behalf of the Client shall be automatically charged to the payment method on file immediately upon receipt or processing of such fees by BOD Services Corp., with an itemized receipt provided to the Client for each such charge.
Recurring Billing. Unless otherwise agreed to in writing, recurring monthly service fees shall commence approximately twenty (20) to thirty (30) calendar days following execution of the Services Agreement. Thereafter, recurring service fees shall automatically be drafted on either the first (1st) or the fifteenth (15th) day of each calendar month, based upon the Client's designated billing cycle.
Replacement Candidate Billing Period for Remote Candidates. Monthly recurring service fees shall continue without interruption during any candidate replacement period. The continuation of recurring billing ensures the Client's Services Agreement remains active and allows BOD Services Corp. to continue recruiting, sourcing, screening, and replacing candidates pursuant to the applicable replacement policy.
Replacement Candidate Billing for In-Office Candidates. All billing remains intact during any candidate replacement period. A replacement candidate is guaranteed within the first sixty (60) days of any one candidate's start date, provided that all billing has been paid and rectified.
Delinquent Accounts and Collections. Client agrees to promptly provide updated payment information upon request. Failure to maintain a valid payment method shall not relieve Client of its payment obligations under this Agreement and may result in delayed services, suspension of services, or termination of this Agreement. Failure to remit three (3) consecutive monthly recurring service payments shall constitute a material breach of this Agreement. Upon such default, BOD Services Corp. reserves the right, without further obligation, to immediately suspend or terminate all recruitment and staffing services and refer the outstanding balance to a third-party collection agency or pursue any other legal remedies available under applicable law. In the event the Services Agreement is terminated due to non-payment or collection activity, any future request to resume services shall require execution of a new Services Agreement, payment of all outstanding balances owed to BOD Services Corp., and payment of the then-current non-refundable enrollment or activation fee. Reactivation of services shall be solely at the discretion of BOD Services Corp.
Collections and Credit Reporting. Any balance owed to BOD Services Corp. under this Agreement - including without limitation recurring service fees, convenience fees, licensing fees, buy-out fees, early-termination amounts, and fees for Introduced Candidates that remains unpaid thirty (30) or more calendar days past its due date may, at BOD Services Corp.'s sole discretion, be referred to a third-party collection agency or attorney. Client shall be responsible for all costs of collection, including collection agency fees, court costs, and reasonable attorneys' fees. Client acknowledges and agrees that delinquent accounts may be reported to commercial and/or consumer credit reporting agencies to the extent permitted by applicable law, and that such reporting may adversely affect Client's credit rating. Past-due balances shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
Indemnity. You agree to defend, indemnify, and hold harmless BOD Services Corp. (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the services or your breach of this agreement. BOD Services Corp. shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Employee Sourcing Rules. Neither you nor any authorized users may use BOD Services in any way that, in BOD Services Corp.'s sole judgment, adversely affects BOD Services Corp.'s business, business prospects, the performance or function of the services, or interferes with the ability of other subscribers to use our services.
In-Office Placements. All initial down payments are non-refundable. All sourced candidates under this program can be replaced within sixty (60) days pursuant to the Replacement Candidate Billing for In-Office Candidates section above. You understand and agree that any violation of the Employee Sourcing Rules section will give BOD Services Corp. the right to terminate any corresponding agreements immediately and charge a termination fee. BOD Services Corp. may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the services at any time. By permitting access to BOD Services information, BOD Services Corp. does not convey any interest in or to the service. All right, title and interest in and to the service is and shall remain in BOD Services Corp.
Termination of BOD Services Contracts. Client may end services under the Services Agreement by providing thirty (30) days' written notice to BOD Services Corp. Ending services before the end of the Term does not cancel Client's payment obligations: upon such notice, all remaining payments for the balance of the Term become immediately due and will be collected as a single lump-sum payment, and BOD Services Corp. will cease work at the end of the notice period. For the purposes of clarity and avoidance of doubt: if Client is in a twelve (12) month contract with four (4) months remaining on the Term and provides notice of termination, BOD Services Corp. shall cease work at the end of the month and collect the remaining four (4) months of payments as one lump-sum payment.
Candidate Introduction and Direct-Hire Protection (12-Month Period). An "Introduced Candidate" means any individual whose resume, profile, contact information, or identity is formally submitted, presented, or otherwise disclosed to Client by BOD Services Corp., whether or not such individual is ultimately placed with Client. If Client, or any of its owners, officers, employees, affiliates, or agents, hires, employs, engages, or contracts with an Introduced Candidate in any capacity (including as a W-2 employee, independent contractor, temporary worker, or through a third-party staffing arrangement) within twelve (12) months of the most recent introduction by BOD Services Corp., Client shall pay BOD Services Corp. the buy-out fee of five thousand five hundred dollars ($5,500.00) per Introduced Candidate, due as a single lump-sum payment within ten (10) calendar days of invoice. This obligation applies regardless of whether the hire occurs during or after the term of the Services Agreement, and regardless of the position, compensation, or location of the hire. Client agrees to notify BOD Services Corp. in writing within five (5) business days of hiring or engaging any Introduced Candidate. BOD Services Corp. reserves the right to charge the payment method on file for this fee pursuant to the Automatic Payment Authorization section. Unpaid amounts under this section are subject to the Collections and Credit Reporting section.
Poaching/Buy-Out. If you are happy with the employee that is placed and wish to make them an offer to work permanently and/or full-time with your business, you will be held liable for the payout of this employee. The buy-out fee is $5,500.00, enforced as of August 1, 2026, of which all clients have been notified, and must be paid to BOD Services Corp. as a lump-sum payment. If you also wish to terminate the contract with BOD Services Corp. once the employee has been hired, then you will be subject to the Termination clause in addition to the buy-out fee. For the purposes of clarity and the avoidance of doubt: in the instance that you want to hire the placed employee as a full-time exclusive employee of yours four (4) months prior to the end of the Term of the contract, and then terminate the contract, you will be required to pay $5,500.00 plus the remaining four (4) months of payments as one lump-sum payment.
Miscellaneous. This agreement is entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Subject to the Dispute Resolution and Arbitration section below, each party hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Delaware for any court proceeding permitted under this agreement, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action or proceeding to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. Failure of any party to insist upon strict compliance with any of the terms and conditions of this agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
Dispute Resolution and Arbitration. Except as provided below, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by binding arbitration in the State of Delaware, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate to the prevailing party all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. Notwithstanding the foregoing, the following matters are reserved for the state and federal courts sitting in the State of Delaware and are not subject to arbitration: (i) actions by BOD Services Corp. for equitable or injunctive relief, and (ii) actions by BOD Services Corp. to collect unpaid balances owed under this Agreement. You expressly waive and are estopped from asserting any right to pursue any claim against BOD Services Corp. relating to this agreement in any forum or venue located outside of the State of Delaware, and in the event of the filing of any such claim, you stipulate to its transfer to an appropriate forum in the State of Delaware. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
General. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
Severability and Assignment. The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by you without BOD Services Corp.'s consent.
Entire Agreement. These terms and conditions, together with your Account Activation Form, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof. This agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. BOD Services Corp. reserves the right in its sole discretion to terminate the use of services to a user at any time.
Conflict of Documents. If there is a conflict between the provisions of these Terms of Use and any other documents concerning the work performed, the order of precedence for purposes of resolution shall be: (i) these Terms of Use, (ii) the Services Agreement, and (iii) any other document prepared by you and agreed to by BOD Services Corp.
