01 Agreement to terms
These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Hartwell Search LLC, a Delaware limited liability company ("Hartwell Search," "we," "us," or "our"), governing your access to and use of our website at hartwellsearch.com (the "Site") and all associated services, including recruiting, executive search, contract staffing, and career coaching (collectively, the "Services").
By accessing the Site, providing your résumé or contact details, executing an engagement letter, or otherwise utilizing our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you should not use our Services.
02 Our services
Hartwell Search runs an employment-agency practice that connects senior professionals ("Candidates") with US-based employers ("Clients"). Our core service offerings are:
- Direct-hire placement — full-time, permanent role placement;
- Contract & contract-to-hire staffing — project-based and temp-to-perm engagements;
- Executive search — retained search for VP- and C-suite roles;
- Career coaching — 1:1 advisory engagements paid separately.
For candidates, our Services carry no charge. Fees are paid by the Client upon a successful placement. Career coaching is an optional, paid service subject to a separate agreement.
03 Eligibility
To access our Services you must:
- Be at least eighteen (18) years of age;
- Be authorized to work in the United States or in the jurisdiction of the role being applied to (or be eligible to obtain such authorization);
- Not be barred from using our Services under applicable US law, sanctions, or by a prior termination of your account;
- Provide accurate, complete, and up-to-date information.
04 Candidate obligations
If you present your candidacy to Hartwell Search, you represent and warrant that:
- All information you provide (résumé, work history, education, references) is truthful, complete, and accurate;
- You have the legal right to share any third-party information you submit (such as previous employer details);
- You will notify us promptly of any material changes to your circumstances during an active search;
- You will not misrepresent your credentials, work authorization, or employment status;
- You authorize us to share your candidacy with specific Clients only after we have obtained your informed consent for each search.
05 Client obligations
If you retain Hartwell Search as a Client, you agree to:
- Provide accurate role specifications, compensation ranges, and hiring timelines;
- Treat all candidates introduced through us with respect and in compliance with all applicable EEO laws (Title VII, ADA, ADEA, GINA, USERRA, and applicable state equivalents);
- Pay our fees promptly per the terms of your engagement letter;
- Not solicit, hire, or contract with our employees or other candidates we have introduced for at least twelve (12) months following our last interaction without our prior written consent;
- Maintain confidentiality of all candidate information shared with you, in compliance with applicable privacy laws.
06 Fees & payment
6.1 — Candidates
Hartwell Search does not charge candidates for placement services. We will never ask for payment in connection with résumé review, interview preparation, or job placement. Any individual claiming to represent Hartwell Search and requesting money, banking information, or payment of any kind is committing fraud — please report it immediately to security@hartwellsearch.com.
6.2 — Clients
Client fees are determined by the executed engagement letter between the parties. Standard fee structures include:
- Direct-hire: a percentage of first-year base compensation, contingent on successful placement;
- Retained executive search: a three-installment retainer (engagement, shortlist, placement);
- Contract staffing: hourly bill rate with a transparent markup over the contractor’s pay rate;
- Career coaching (when purchased by individuals): fixed-fee program priced per the coaching engagement letter.
All fees are billed in US dollars and due within thirty (30) days of the invoice date unless a different arrangement is agreed to in writing. Overdue balances accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is lower.
6.3 — Replacement guarantee
For direct-hire placements, we offer a 90-day replacement guarantee: if a candidate we placed voluntarily departs or is terminated for cause within 90 days of their start date, we will carry out a replacement search at no extra cost. Complete terms are set forth in the engagement letter.
07 Intellectual property
All content on the Site — text, graphics, logos, the Hartwell Search name and crest, page layouts, software, and underlying code — is the property of Hartwell Search LLC or its licensors and is protected by US copyright, trademark, and trade-secret law. You receive a limited, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial purposes only.
You may not (i) reproduce, distribute, or create derivative works; (ii) reverse-engineer or attempt to extract source code; (iii) use any data-mining, scraping, or automated extraction tools without our written permission; or (iv) use our name, logo, or branding in any way that suggests endorsement or partnership we have not authorized.
08 Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARTWELL SEARCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
We make no guarantee that you will receive a job offer, that any particular role will remain available, that compensation outcomes will align with your expectations, or that the Site will operate without interruption, security incidents, or errors.
09 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HARTWELL SEARCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS, GOODWILL, OR DATA) ARISING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED (i) THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE THOUSAND US DOLLARS ($1,000), WHICHEVER IS GREATER.
10 Indemnification
You agree to defend, indemnify, and hold harmless Hartwell Search, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) your breach of these Terms; (ii) your violation of any third-party right; (iii) your violation of any applicable law; (iv) the inaccuracy or incompleteness of any information you provided to us.
11 Dispute resolution
11.1 — Governing law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The federal courts of the District of Delaware and the state courts of New Castle County, Delaware will have exclusive jurisdiction over any dispute arising under these Terms.
11.2 — Informal resolution
Before filing any formal claim, the parties agree to attempt to resolve disputes informally for at least sixty (60) days. Send a written notice describing the dispute to legal@hartwellsearch.com.
11.3 — Binding arbitration
If informal resolution fails, any dispute arising from these Terms shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator in New York, New York. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
11.4 — Class-action waiver
You and Hartwell Search agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. No arbitrator may consolidate more than one person’s claims or preside over any form of class or representative action.
12 Termination
We reserve the right to suspend or terminate your access to the Services, at our sole discretion and without prior notice, if we determine that you have violated these Terms or applicable law. You may discontinue use of our Services at any time by notifying us at legal@hartwellsearch.com. Sections 6 (Fees), 7 (IP), 8 (Disclaimers), 9 (Liability), 10 (Indemnification), 11 (Disputes), and 13 (Miscellaneous) survive termination.
13 Miscellaneous
- Entire agreement: These Terms, together with our Privacy Policy and any executed engagement letter, constitute the entire agreement between you and Hartwell Search regarding the Services.
- Severability: If any provision is held invalid, the remaining provisions will continue in full force.
- No waiver: Our failure to enforce any right is not a waiver of that right.
- Assignment: You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.
- Force majeure: We are not liable for failures caused by events beyond our reasonable control.
- Updates: We may update these Terms from time to time. Material changes will be posted with a revised "Effective" date and, for active engagements, communicated by email at least 30 days before taking effect.
14 Contact
Questions concerning these Terms should be addressed to our legal team:
Hartwell Search LLC · Attn: Legal Department
485 Lexington Avenue, 26th Floor
New York, NY 10017
Email: legal@hartwellsearch.com
Toll-free: +1 (833) 261-4087