Last Updated: August 30, 2022
The greater of (1) 30% of the Expert's first-year salary, as outlined in a signed offer letter between Client and Expert and (2) $25,000, due within 10 days of the new hire's start date. For the avoidance of doubt, in no event shall the Full-Time Placement Fee be less than $25,000. Client is required to deliver a copy of such signed offer letter to Graphite within seven (7) business days of new hire’s start date.
For new hires that never previously worked on a Graphite project with the Client, if the new hire is not employed for at least 90 days, Graphite will find a replacement candidate for the Client at no additional cost. If no suitable replacement candidate is found within 90 days of the new hire's last date of employment with the Client, Graphite shall refund the Full-Time Placement Fee to the Client.
For new hires that began as an Expert working on a Graphite project for the Client, there will be no refund of the Full-Time Placement Fee.
You may use the Services only if you can form a binding contract with Graphite and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Graphite provides are always evolving and the form and nature of the Services that Graphite provides may change from time to time without prior notice to you. In addition, Graphite may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services provide a means for independent consultants & consulting firms (“Expert(s)”) and clients seeking consulting services (“Client(s)”) to locate each other, negotiate job terms, engage in the hiring process, track work time, generate invoices, complete work, and process payments. Experts and Clients must apply to and be accepted by Graphite to use the Services. Once admitted to use the Services, Experts can apply to projects posted by Clients through the Services (“Project”).
Clients select an Expert from the pool of Experts who apply to a Client’s Project, and hire the Expert through the Services (“Hired Expert(s)”). Once a Client hires an Expert through the Services, the parties may use the Services to manage the Project’s workflow. Experts must track their time and submit invoices for work performed via the Services. Clients must remit payment to Hired Experts through the Services.
Graphite gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that we provide to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Graphite in the manner permitted by these Terms.
a. Graphite offers Instant Pay to Expert on eligible clients and projects. Not all clients and projects are eligible for Instant Pay. Eligibility is determined by Graphite and Graphite reserves the right to change eligibility or deny Instant Pay requests
b. Instant Pay is offered as a service to Experts. Experts must opt-in to Instant Pay. Experts are not required to use this service and declining to use the Instant Pay will not impact the normal payment cycle outlined above.
c. Once requested by the Expert, Instant Pay requires the approval of the applicable invoice by the Client in the Graphite platform
i. Client approval of invoices is a binding agreement that the client agrees with the hours worked, description of services and dollar amount of the invoice and will pay the amount approved, regardless of any future issues between the Expert or Client. Once the invoice is approved, the Client promises to pay the amount approved, without exception.
ii. Clients are not required to approve Instant Pay if they dispute the invoice being requested for Instant Pay. Disputes should follow the process outlined above.
d. Once Instant Pay is approved, the Expert is paid out the amount of the invoice less a processing fee withheld by Graphite. Graphite reserves the right to change the fee at any time, but will alert the Expert to the fee being charged prior to activation of Instant Pay by the Expert. Graphite will not change the fee after Instant Pay has been requested on a specific invoice. Graphite reserves the right to change the fee on any future invoices or projects not already activated for Instant Pay.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Graphite will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Graphite Solutions, Inc.
ATTN: Copyright Agent
95 3rd St., 2nd Floor
San Francisco, CA 94103
Expert acknowledges that, in the course of performing work for a Client's Project through the Services, Expert may come into possession of business information or other confidential or proprietary information of Client (“Confidential Information”). Expert agrees that Confidential Information is the sole property of Client and further agrees to treat all such Confidential Information as confidential and will not disclose such information to third parties during and/or after the term of the Project except with Client's written approval, and only to the extent necessary to perform the Project through the Services. This prohibition also applies to Expert's employees, agents, and subcontractors. At the termination of the Project, Expert shall promptly return to Client, or certify destruction of, all copies of Confidential Information furnished by Client and all material prepared for or in connection with the Project in his/her possession. This obligation of confidentiality shall survive completion of the Project.
While Graphite is not a party to the dealings between Experts and Clients, we benefit as a third-party from the covenants and agreements they make. As such, we offer assistance in resolving disputes related to such agreements. Dispute mediation through Graphite is informal and does not result in binding legal judgments. In the event either party refuses to comply with a Graphite dispute resolution recommendation, both parties are free to pursue any and all legal actions and remedies available.
Any provision or partial provision, such as the provisions regarding the payment of fees, which by its nature would reasonably survive the termination of these Terms shall survive termination.
Please read this section carefully since it limits the liability of Graphite and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Graphite Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
We may revise the Terms from time to time. The most current version of the Terms will govern your use of the Services and will always be at https://www.graphite.com/site/termsofuse. If we make a change to the Terms that, in our sole discretion, is material, we will notify you via a prominent notice on the Services or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.
The Services are operated and provided by Graphite Solutions, Inc., 95 3rd St., 2nd Floor, San Francisco, CA 94103. If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
For previous versions of these Terms, please contact us at email@example.com.