Terms & Conditions

1. Acceptance of Terms

By accessing or using the TAP THE BENCH website (tapthebench.com), Talent Advisory Partners website (talentadvisorypartners.com), and services provided by Talent Advisory Partners, LLC ("TAP," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Talent Advisory Partners, LLC. You represent that you have the authority to bind yourself or your organization to these Terms.

2. Description of Services

Talent Advisory Partners, LLC provides comprehensive talent acquisition, workforce optimization, and career development services through the following service pillars:

TAP THE BENCH

Pre-vetted candidate pools ("The Bench") maintained for rapid deployment. Candidates are screened, assessed, and ready for placement, enabling clients to fill positions in days rather than weeks.

TAP READY

Training and development programs designed to prepare candidates for specific roles and industries. Programs include skills training, certification preparation, and placement support with employment guarantees.

TAP GROWTH

Retention consulting services including workforce audits, employee engagement analysis, culture assessments, and strategic recommendations to reduce turnover and improve employee satisfaction.

TAP MATCH

Our proprietary micro-interviewing and matching system that evaluates candidate-company fit through behavioral assessments, cultural alignment analysis, and AI-powered matching algorithms.

TAP SCALE

Workforce optimization consulting leveraging AI and data analytics for operational excellence, predictive workforce planning, and strategic talent management.

TAP BOARDROOM

Executive search and board member placement services operating under strict confidentiality protocols for C-suite and board-level positions.

Service availability may vary based on your service agreement, geographic location, and industry requirements.

3. User Responsibilities

3.1 Account Registration

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Accurate Information

For Clients: You agree to provide accurate job descriptions, company information, compensation details, and hiring requirements. Misrepresentation of job conditions or company information may result in service termination.

For Candidates: You agree to provide accurate resume information, work history, credentials, and references. Falsification of credentials or work history is grounds for immediate removal from TAP THE BENCH and may result in legal action.

3.3 Prohibited Uses

You agree not to:

• Use our services for any unlawful purpose or in violation of these Terms
• Misrepresent your identity, qualifications, or affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of our services
• Attempt to gain unauthorized access to our systems or data
• Use our services to discriminate against any person based on protected characteristics
• Circumvent TAP's placement fees or directly hire TAP-referred candidates without compensation
• Share, sell, or transfer your account or candidate profiles to third parties
• Use automated systems to access our services without prior written consent

3.4 Communication Consent

By registering for our services, you consent to receive communications from TAP via email, phone, and SMS/text message (if you opt in) regarding your account, job opportunities, service updates, and promotional materials. See Section 7 for detailed SMS terms.

4. Payment Terms

4.1 Service Fees

Fees for TAP services are outlined in your individual service agreement. TAP offers multiple pricing models including:

• Retainer-based: Monthly fees for ongoing access to TAP THE BENCH and priority placement
• Contingency-based: Fees due upon successful candidate placement
• Project-based: Fixed fees for specific consulting engagements (TAP GROWTH, TAP SCALE)
• Training fees: Per-participant or per-program fees for TAP READY

4.2 Payment Terms

Unless otherwise specified in your service agreement:

• Invoices are due within 30 days of receipt
• Late payments may incur interest at 1.5% per month
• TAP reserves the right to suspend services for accounts more than 60 days past due
• All fees are quoted in US dollars unless otherwise specified

4.3 Refund Policy

Refunds are provided in accordance with service-specific guarantees (e.g., TAP READY placement guarantee). Monthly retainer fees are non-refundable except as required by law or specified in your service agreement.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, or other taxes imposed by any governmental authority on the services provided, except for taxes based on TAP's net income.

5. TAP READY Guarantee

Guarantee requirements include:

• Completion of all coursework with passing grades (minimum 80% score)
• Attendance at all scheduled training sessions (minimum 90% attendance)
• Participation in all job search activities and coaching sessions
• Acceptance of reasonable job offers matching training objectives
• Compliance with program requirements and deadlines
• Good faith effort in job search process
• Response to TAP communications within 48 hours

The guarantee does not apply if the participant:

• Voluntarily withdraws from the program
• Fails to meet program requirements
• Declines reasonable job offers (more than 2 offers)
• Provides false or misleading information
• Has geographic or scheduling restrictions not disclosed at enrollment

6. Placement & Fees

6.1 Placement Terms

Placement fees become due upon candidate acceptance of a job offer. A placement is considered successful when the candidate starts employment. The client agrees to notify TAP of all offers made to TAP-referred candidates within 48 hours.

6.2 Replacement Guarantee

If a placed candidate leaves or is terminated within 90 days, TAP will provide a replacement candidate at no additional placement fee, subject to terms in the service agreement.

What's covered:

• Voluntary resignation
• Termination for performance or cultural fit issues
• Mutual separation agreements

Not covered:

• Terminations due to company downsizing or layoffs
• Role elimination or organizational restructuring
• Candidate promoted or transferred to different role
• Termination for cause (misconduct, policy violations)

6.3 Direct Hire Circumvention

This provision applies to all candidates introduced by TAP through any means, including but not limited to:

• Candidates submitted for specific positions
• Candidates presented during bench reviews
• Candidates interviewed but not initially selected
• Candidates referred for different positions than originally presented

7. SMS/Text Message Communications TCPA Compliant

7.1 Consent to Receive SMS Messages

By providing your mobile phone number and opting in to receive text messages from TAP, you expressly consent to receive recurring automated SMS/text messages from Talent Advisory Partners, LLC at the mobile number provided.

7.2 Types of Messages

You may receive SMS messages related to:

• Transactional Messages: Job opportunity notifications, interview scheduling, application status updates, training reminders, service announcements
• Marketing Messages: Promotional offers, event invitations, newsletter highlights (requires separate consent)

7.3 Message Frequency and Costs

Message frequency varies based on your engagement with our services:

• Transactional messages: Up to 10 messages per month
• Marketing messages: Up to 4 messages per month (if opted in)

Message and data rates may apply. Check with your mobile carrier for details on your text messaging plan.

7.4 Opt-Out Procedures

You may opt out of receiving SMS messages at any time by:

• Reply STOP to any SMS message you receive from us
• Email info@talentadvisorypartners.com with your phone number
• Call (216) 238-6580 during business hours
• Update preferences in your account settings

Upon receiving your opt-out request, you will receive a single confirmation message. You will receive no further SMS messages unless you re-opt-in.

7.5 Help and Support

For help with SMS communications, reply HELP to any message or contact info@talentadvisorypartners.com. Support is available Monday through Friday, 9:00 AM to 6:00 PM EST.

7.6 Carrier Disclaimer

TAP and mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator.

7.7 Privacy

We do not sell, rent, or share your mobile phone number with third parties for their marketing purposes. See our Privacy Policy for complete details on how we handle your personal information.

8. Equal Employment Opportunity EEO Compliant

8.1 Non-Discrimination Policy

TAP is committed to providing equal opportunity in all of our employment practices and talent acquisition services. We do not discriminate on the basis of:

• Race, color, or ethnicity
• Religion or creed
• Sex, gender, or gender identity
• Sexual orientation
• National origin or ancestry
• Age (40 and over)
• Disability (physical or mental)
• Genetic information
• Veteran or military status
• Pregnancy, childbirth, or related conditions
• Any other protected characteristic under applicable federal, state, or local law

8.2 Client Obligations

By using TAP's services, clients agree to:

• Not use TAP's services to discriminate against any candidate based on protected characteristics
• Provide job requirements based solely on legitimate, non-discriminatory business needs
• Comply with all applicable federal, state, and local employment laws
• Provide reasonable accommodations for qualified individuals with disabilities
• Not retaliate against any individual for exercising their rights under employment law

8.3 Candidate Rights

All candidates have the right to:

• Be evaluated based solely on qualifications, skills, and ability to perform job requirements
• Request reasonable accommodations during the application and interview process
• Report discrimination without fear of retaliation
• Access information about their candidacy and evaluation criteria

8.4 Voluntary Self-Identification

TAP may invite candidates to voluntarily self-identify demographic information for compliance and diversity tracking purposes. This information is:

• Completely voluntary
• Kept confidential and separate from application materials
• Never shared with hiring managers
• Never used in placement decisions

8.5 Reporting Discrimination

If you believe you have experienced discrimination in any TAP process, please contact us at info@talentadvisorypartners.com or call (216) 238-6580. All complaints will be investigated promptly and confidentially.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information, including:

• Client hiring needs, compensation structures, and organizational information
• Candidate personal information and interview assessments
• TAP's proprietary matching algorithms and business methodologies
• Financial terms and service agreements
• Trade secrets and competitive information
• Executive search details and board placement strategies (TAP BOARDROOM)

Confidentiality obligations survive termination of services for 5 years.

Exceptions: Information may be disclosed if:

• Required by law, court order, or government request
• With prior written consent of the disclosing party
• Information becomes publicly available through no fault of the receiving party
• Information was independently developed without use of confidential information

10. Limitation of Liability

10.1 No Warranty on Employment Outcomes

TAP does not guarantee employment outcomes, candidate performance, or client satisfaction beyond the specific guarantees outlined in service agreements. TAP is not responsible for:

• Final hiring decisions made by clients
• Candidate performance after placement
• Workplace issues between clients and placed candidates
• Employment law compliance by clients or candidates

10.2 Third-Party Services

TAP is not responsible for the acts or omissions of third-party service providers, including background check services, training providers, technology platforms, or SMS carriers, except as required by law.

10.3 Force Majeure

TAP shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service interruptions.

11. Indemnification

You agree to indemnify, defend, and hold harmless Talent Advisory Partners, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or information you provide to TAP
• Employment decisions or actions taken based on TAP-provided information
• Any discrimination claims arising from your hiring practices

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or use of TAP services shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules, except for claims that may be brought in small claims court.

Arbitration Process:

• Arbitration will be conducted in San Diego, California
• The arbitrator shall be a neutral party with experience in employment or staffing matters
• Each party will bear their own costs and fees, with arbitration fees split equally
• Arbitrator's decision is final and binding
• Class action waiver: Disputes must be brought individually, not as part of any class or representative action

12.3 Informal Resolution

Before initiating arbitration, parties agree to attempt informal resolution by providing written notice of the dispute and engaging in good faith negotiations for at least 30 days.

12.4 Injunctive Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13. Termination

13.1 Termination by Client

Client may terminate services with 30 days written notice (60 days for TAP BOARDROOM engagements). Client remains responsible for:

• All fees incurred prior to termination
• Placement fees for candidates placed during the service period
• Any minimum commitment obligations in the service agreement

13.2 Termination by TAP

TAP may terminate services immediately if client:

• Breaches these Terms or the service agreement
• Fails to pay fees when due (more than 60 days past due)
• Engages in fraudulent or illegal activity
• Violates confidentiality obligations
• Engages in discriminatory hiring practices
• Circumvents TAP placement fees

13.3 Effect of Termination

Upon termination:

• Client loses access to TAP THE BENCH and other ongoing services
• Placement guarantees and replacement obligations for candidates placed during the service period remain in effect
• Confidentiality obligations survive for 5 years
• Direct hire circumvention provisions remain in effect for 12 months from last candidate introduction
• Client must pay all outstanding invoices within 30 days

13.4 Candidate Termination

Candidates may be removed from TAP THE BENCH for:

• Providing false or misleading information
• Failing to respond to TAP communications for 60+ days
• Unprofessional conduct during the interview or placement process
• Request by the candidate to be removed

14. Intellectual Property

All TAP intellectual property, including but not limited to:

• The TAP THE BENCH brand, logos, and trademarks
• Proprietary matching algorithms and AI systems
• TAP READY training materials and curricula
• Assessment tools and evaluation methodologies
• Service methodologies and processes
• Website content, design, and software

remain the exclusive property of Talent Advisory Partners, LLC. Client receives no ownership rights to TAP intellectual property.

14.1 License Grant

Client is granted a limited, non-exclusive, non-transferable license to use TAP materials solely for the purpose of receiving TAP services during the term of the service agreement.

14.2 Marketing License

Client grants TAP a limited license to use client's name and logo in marketing materials, case studies, and client lists, unless client opts out in writing within 30 days of service commencement.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with any service agreement, privacy policy, and other documents incorporated by reference, constitute the entire agreement between parties and supersede all prior agreements and understandings.

15.2 Amendments

TAP may amend these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email and/or SMS to registered users. Continued use of services after changes constitutes acceptance of amended Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver must be in writing to be effective.

15.5 Assignment

Client may not assign these Terms without TAP's prior written consent. TAP may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all assets.

15.6 Notices

Notices under these Terms shall be in writing and delivered via email to the addresses on file, or via certified mail to the physical addresses on file. Notices are effective upon receipt.

15.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between TAP and any client or candidate. TAP acts as an independent contractor providing talent advisory services.

16. Contact Information

These Terms & Conditions are effective as of January 1, 2025 and apply to all services provided by Talent Advisory Partners, LLC.

Building Tomorrow's Benches