Laila Technologies Inc. ("Laila", "we", or "our"). These Terms of Service contain the terms and conditions that govern all use of the Platform, the Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the "Services"). The Services are offered to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies the Guidelines (as defined below) and any future modifications, and procedures that may be published from time to time on the Platform or otherwise made available to you on or through the Services (collectively, the "Terms"). Please read these terms carefully, as they constitute a legal agreement between you and Laila. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
Laila operates a multi-sided digital marketplace platform that is offered in a number of forms, including email, mobile, and/or web-based applications ("Applications"). Among other things, the Laila Marketplace Platform enables you to receive:
Collectively, these are referred to as "the Services."
You acknowledge that your ability to obtain recruiting services or any other services from third-party providers through the use of the Laila Marketplace Platform and services does not establish Laila as a provider of services. Only registered users can access the Laila Marketplace Platform; it is not open to the general public.
You acknowledge that independent Third Party Providers, including recruiters, are not actual agents, apparent agents, ostensible agents, or employees of Laila in any way.
You also acknowledge that any safety-related effort, feature, process, policy, standard, or other effort undertaken by Laila (whether required by applicable regulations or not), is not an indicia of an employment, actual agency, apparent agency, or ostensible agency relationship with an independent third-party provider.
Laila represents and warrants that the services provided by Third Party Providers shall be rendered with promptness and diligence and shall be executed in a workmanlike manner, in accordance with the practices and high professional standards used in well-managed operations performing services similar to the Services.
Customers may request the replacement of a Third Party Provider who does not meet performance and capability requirements, subject to any limitations set forth in the agreement between the customer and the Third Party Provider. Laila will facilitate this process to ensure customer satisfaction.
You may file a dispute within 5 business days following the date of each conducted interview (the "Dispute Period").
It is the customer's responsibility to review the outcome of each conducted interview and to file any disputes within the Dispute Period.
Disputes handled by Laila can only address the services and the quality of the services provided if the work is submitted through a Laila Application or approved process. Any work performed by Third Party Providers that is not submitted through a Laila Application or approved process will not be covered by the warranty and cannot be disputed.
You may file a dispute within the Dispute Period by either contacting an authorized Laila agent directly or through our support email address, firstname.lastname@example.org. Laila will promptly review the invoice and work submitted and will determine whether an adjustment is appropriate consistent with the customer's and Third Party Provider's instructions.
We may choose to issue partial refunds, full refunds, offer credits for future Laila services, or provide other remedies.
If a dispute is not resolved within the Dispute Period or to the satisfaction of the customer, then the customer or a Laila representative may escalate the issue to a senior management representative at Laila. The senior management representative will review the dispute and make a final determination within 10 business days of the escalation.
If a dispute is found to be frivolous or made in bad faith, Laila reserves the right to take appropriate action, including but not limited to, terminating the customer's account.
Laila's total liability for any claim arising out of or relating to the Services shall not exceed the amount paid by the customer for the Services that are the subject of the claim.
Laila will conduct periodic quality checks on the services provided by Third Party Providers to ensure they meet the standards set forth in these Terms.
You agree not to circumvent Laila's role as an intermediary by directly engaging with Third Party Providers introduced through the Laila platform for the same or similar services. Any attempt to circumvent Laila's role may result in Laila applying the Buyout Fee provision, and/or immediate termination of your account.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Laila will facilitate your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may also include other applicable fees, such as, but not limited to, cancellation fees.
Unless otherwise indicated, you are responsible for any taxes (other than Laila's income tax) or duties associated with the sale of the services or goods, including any related penalties or interest (collectively, "Taxes"). You will pay Laila for the Services without any reduction for Taxes. If Laila is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Laila with a valid tax exemption certificate authorized by the appropriate taxing authority.
Check, ACH Transfer, and Wire Transfers are all acceptable methods of payment.
Unless otherwise agreed upon in writing, our standard payment terms are 50% upfront and 50% after all interviews are completed or when the job is marked as closed. Payment in full is due within fourteen (14) days of the completion of services or closure of the job.
If no interviews are conducted by the customer for a given job within 30 days from the date the job requisition was opened, despite Laila and the Third Party Provider fulfilling their service obligations, the job may be marked as closed and fulfilled, at Laila's discretion. The customer will be billed for the full amount of the job as per the agreed-upon terms of payment.
All Charges and payments will be facilitated by Laila using the preferred payment method designated in your Account. Charges paid by you are final and non-refundable, unless otherwise determined by Laila.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of the completion of services or closure of the job via collection agencies and/or through the Small Claims Court if the outstanding balance does not exceed $3000. The non-prevailing party shall be liable for any and all additional administrative, legal, and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In the instance of a second returned check, we reserve the right to terminate the arrangement and insist on future prepaid transactions only.
If a customer desires to directly hire or engage with a contract recruiter ("Third Party Providers") who was initially introduced via the Laila platform, a Buyout Fee shall apply. This Buyout Fee is calculated based on the Third Party Provider's estimated annual compensation for the services they will provide. Specifically, the Buyout Fee will be a one-time charge equal to 25% of the Third Party Provider's estimated annual compensation. This Buyout Fee will be applicable for up to 2 years following your last engagement with the Third Party Provider through Laila.
We are committed to protecting your privacy. Authorized employees within the company use any information collected from individual customers on a need-to-know basis only. We employ advanced security measures, including encryption, detailed file access logs, and real-time monitoring services, to ensure the best possible service and security to our customers.
We use data to train our AI models to improve the services we offer. All data used for this purpose is anonymized and stripped of any personally identifiable information to ensure individual privacy. The data is used solely for the purpose of enhancing the AI algorithms and is not shared with third parties.
We will investigate any unauthorized access or data breaches with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Customer records, including but not limited to recruitment data, interview records, candidate information, intake processes, and behavioral and value assessments, as well as any proprietary business information, trade secrets, or other sensitive data, are regarded as confidential ("Confidential Information").
In these Terms, "Customer Records" refers to all data, information, and records that are provided by you or generated in the course of using Laila's Services. This includes, but is not limited to, recruitment data, interview records, candidate information, intake processes, behavioral and value assessments, as well as any proprietary business information, trade secrets, or other sensitive data.
Confidential Information will not be divulged to any third party, unless legally required to do so to the appropriate authorities. All parties agree to take reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information.
Customers have the right to request access to any and all Customer Records we keep, provided that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Laila will only be in connection with the provision of agreed services and products.
If legally required to do so by a court order, subpoena, or similar legal process, we may disclose Confidential Information to the appropriate authorities.
Pursuant to the Defend Trade Secrets Act of 2016, an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (iii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Any questions relating to the Agreement which are not expressly or implicitly settled by the provisions contained in the Agreement shall be governed by and construed in accordance with the following:
The Agreement (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by the Customer and Laila, any dispute arising out of or relating to the Agreement, or the breach thereof, shall be governed by the terms set forth below.
Laila reserves the right to terminate or suspend your account and access to the Services at any time, without notice, for conduct that Laila believes violates these Terms or is harmful to other users of the Services, Laila, or third parties, or for any other reason. Laila further reserves the right to terminate or suspend your account if you have been inactive for an extended period, as determined by Laila.
If you wish to terminate your account, you may do so by submitting a request through our customer support. Termination by you will not alter your obligation to pay all charges made to your account for services rendered up to the point of termination.
Upon termination, you will lose all access to the Services and any data or information stored within your account. Laila is not liable for any loss or damage following, or as a result of, termination of the Services.
Sections relating to Warranties & Dispute Resolutions, Limitation of Liability, Non-Circumvention, Payment, Confidentiality, and General, as well as any other sections that by their nature should survive, shall survive the termination of these Terms.
These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this service and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
For any questions about these Terms of Service or any other matter, please contact us at:
Phone: +1 (800) 357-3750
Laila Technologies Inc.
701 Ellicott St.
Buffalo, NY 14203
Last revised date: June 1, 2023