Terms & Conditions
Last updated: November 14, 2025
1. Who we are
Diane Wilkinson dba DRIVE Human Capital (“Drive,” “we,” “us”). Contact: info@drivehumancapital.com · Oakland, California, United States
2. Services covered
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Contingency & Contract Recruiting (permanent and contract placements)
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Recruiting Operations & Automation (audits, workflow design, automations, analytics)
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AI Training / Recruiter Academy (self-guided and live training programs)
3. Using this site & engaging us
By using this website or engaging our services (scheduling a call, requesting candidates, signing a SOW, or enrolling in a plan), you agree to these Terms. If a signed agreement/SOW conflicts with these Terms, the signed document controls.
4. Fees & billing
Contingency recruiting. Fee is 20% of first-year base salary (unless otherwise agreed in writing). Invoiced on the candidate’s start date. Net 15 (or the payment terms in your agreement).
Contract recruiters / hourly. Billed weekly at the agreed hourly rate.
Consulting/automation projects. Billed per SOW; common schedule 50% upfront / 50% on delivery (or monthly retainer).
Academy plans. Paid at checkout. Access is granted on payment confirmation.
Late payments. May accrue 1.5% per month (or the maximum allowed by law). You agree to pay reasonable collection costs for past-due amounts.
5. Candidate ownership & submissions (12-month window)
If you or any Client Group/affiliate (or a third party you share our candidate with) hires or engages a candidate we introduced within 12 months of our introduction, our fee applies. Introductions include resumes/CVs, candidate details, interviews, meetings, or any identification that leads to engagement.
6. Replacement window (contingency)
If a Drive-placed hire leaves within 90 days of start (not due to layoff/reorg or role elimination), and your account is current, we’ll conduct one replacement search at no additional fee for 12 weeks. Exclusions include: misconduct, unsafe/hostile conditions, misrepresentation of the role, or material changes to compensation or duties. If the original hire is re-engaged within 12 months, a new fee applies.
7. Client responsibilities
Provide accurate role details, timely feedback, access for interviews, and (for consulting) reasonable access to systems/data needed to perform the work.
8. No guarantees
We don’t guarantee a particular number of candidates, time-to-hire, compensation outcomes, or training results. Recruiting and enablement outcomes depend on many factors outside our control.
9. Confidentiality & data
Both parties will protect any non-public information received. We process candidate and client data only to deliver services. See our Privacy Policy for more details.
10. Acceptable use / IP (training & content)
All course materials, templates, and A[i]gents content are Drive’s intellectual property. Licenses are non-transferable and for internal use by the purchasing individual or team only. No redistribution, resale, or public posting.
11. Cancellations & refunds
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Contingency: if an offer is withdrawn after candidate acceptance, the fee remains due.
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Consulting/automation: deposits are non-refundable; completed milestones are payable.
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Academy: Self-Guided—refund within 7 days if <20% of content viewed; Team/Enterprise—no refunds after kickoff.
12. Limitation of liability
To the maximum extent permitted by law, each party’s total liability is limited to the fees paid (or payable) for the specific service in the 3 months preceding the claim. Neither party is liable for indirect, special, or consequential damages.
13. Force majeure
Neither party is liable for delays beyond its reasonable control (e.g., outages, labor disputes, disasters).
14. Governing law
These Terms are governed by the laws of the State of California, with venue in [your county], California.
15. Changes
We may update these Terms; the “Last updated” date reflects the latest version.
Recruiting Addendum (Summary). Fee basis: 20% of first-year base salary (permanent); contractor fee based on annualized equivalent; hourly/embedded billed weekly. Introduction scope: any candidate details, resume/CV, meeting, or interview shared by Drive. Ownership period: 12 months from introduction (applies to Client Group and to third parties you share details with). Offer withdrawals: if Client withdraws after acceptance or materially changes promised terms, fee remains due. Notifications: Client will promptly inform Drive of offers/acceptances and provide the signed offer or compensation details within 48 hours of acceptance. Replacement: one replacement search within 90 days if conditions are met; no refunds on fees.
