Terms of Service

1. Acceptance of Terms

By accessing and using the EP HeadHunter website (epheadhunter.com), engaging our executive search services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you (whether an individual or an organisation) and EP HeadHunter, a company registered and operating in Bogota, D.C., Colombia. We reserve the right to update these Terms at any time. Material changes will be communicated through our website, and continued use of our services after such changes constitutes acceptance of the revised Terms.

2. Services Description

EP HeadHunter provides specialised executive search, headhunting, and talent advisory services to organisations across Latin America and globally. Our services include, but are not limited to:

• Executive Search: Retained search engagements to identify, assess, and place C-level executives, vice presidents, directors, and board members
• Headhunting: Targeted identification and confidential approach of passive senior-level candidates
• Talent Assessment: Competency-based evaluations, psychometric testing, DISC profiling, Assessment Centres, and 360-degree reference checks
• Board Search: Independent director and board member identification and assessment
• Talent Mapping: Market intelligence and competitive landscape analysis for talent acquisition planning
• Succession Planning: Leadership pipeline development and succession readiness assessments
• Management Consulting: Organisational design, leadership development, and strategic HR advisory
• Recruitment Process Outsourcing (RPO): End-to-end management of the recruitment function for volume and specialist hiring

The specific scope, deliverables, timelines, and terms of each engagement are defined in individual service agreements or statements of work agreed upon between EP HeadHunter and the client.

3. Engagement Terms

3.1 Service Agreements

All executive search engagements are governed by a separate written service agreement that specifies the role to be filled, the search methodology, timelines, fees, and other terms specific to the engagement. These Terms of Service apply in addition to, and do not replace, any individual service agreement.

3.2 Client Obligations

By engaging our services, the client agrees to:

• Provide accurate and complete information about the role, organisational requirements, and candidate specifications
• Designate a primary contact person with authority to make decisions regarding the engagement
• Provide timely feedback on candidate presentations and shortlists
• Inform EP HeadHunter promptly of any changes to the role requirements, organisational structure, or hiring timeline
• Not directly approach or hire candidates introduced by EP HeadHunter outside of the agreed engagement terms
• Comply with all applicable employment and anti-discrimination laws when evaluating and hiring candidates

3.3 Candidate Ownership

Candidates presented by EP HeadHunter remain attributable to our engagement for a period of twelve (12) months from the date of initial introduction. If the client hires a candidate introduced by EP HeadHunter within this period — whether for the original role or any other position — the applicable placement fee remains payable in full.

4. Fees and Payment

4.1 Fee Structure

Our fee structures vary depending on the type and scope of engagement. Common models include:

• Retained Search: A fixed professional fee, typically calculated as a percentage of the successful candidate's total first-year compensation, payable in instalments throughout the search process
• Contingency Search: Fees payable only upon successful placement of a candidate, calculated as a percentage of the placed candidate's total first-year compensation
• Project-Based: Fixed fees for talent mapping, assessment, consulting, and other advisory services, as agreed in the service agreement

4.2 Payment Terms

Unless otherwise specified in the service agreement, invoices are due within thirty (30) calendar days of issuance. Late payments are subject to interest at the maximum rate permitted by Colombian law. EP HeadHunter reserves the right to suspend services if payment is overdue by more than thirty (30) days.

4.3 Expenses

Reasonable out-of-pocket expenses incurred during the search process (such as travel, accommodation, or specialised assessments) will be communicated to the client in advance and billed separately with supporting documentation.

5. Replacement Guarantee

For retained executive search engagements, EP HeadHunter provides a replacement guarantee. If a placed candidate leaves the position or is terminated for performance reasons within the guarantee period specified in the service agreement (typically ninety (90) days from the start date), we will conduct a replacement search at no additional professional fee, subject to the following conditions:

• The client has paid all outstanding fees in full
• The departure was not due to a material change in the role, compensation, reporting structure, or working conditions from what was originally agreed
• The client has not unreasonably rejected candidates presented during the original search
• The replacement search is initiated within thirty (30) days of the candidate's departure

The replacement guarantee covers professional fees only. Out-of-pocket expenses for the replacement search will be billed separately.

6. Confidentiality

Both EP HeadHunter and the client agree to maintain strict confidentiality regarding all information exchanged during the engagement. This includes, but is not limited to:

• The existence and nature of the search engagement
• Candidate identities, assessment results, and personal information
• Client organisational information, strategic plans, and compensation data
• Fee arrangements and contractual terms
• Proprietary methodologies and assessment tools

Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law or court order. Confidentiality obligations survive the termination of the engagement for a period of three (3) years.

7. Intellectual Property

All content on the EP HeadHunter website — including text, graphics, logos, images, and software — is the property of EP HeadHunter or its licensors and is protected by Colombian and international copyright and intellectual property laws.

Our proprietary search methodologies, assessment frameworks, candidate reports, and market research are proprietary to EP HeadHunter. Clients may use deliverables provided during an engagement solely for the internal purposes for which they were created. Reproduction, distribution, or commercial use of our intellectual property without written consent is prohibited.

8. Limitation of Liability

While EP HeadHunter exercises professional diligence in the provision of its services, we provide no guarantee regarding the performance, conduct, or tenure of any placed candidate. Our liability is limited as follows:

• EP HeadHunter's total aggregate liability for any claim arising from or related to our services shall not exceed the total professional fees paid by the client for the specific engagement giving rise to the claim
• EP HeadHunter shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business opportunity, or reputational harm
• EP HeadHunter is not liable for the accuracy of information provided by candidates or third parties, though we take reasonable steps to verify key facts and credentials
• EP HeadHunter is not responsible for employment decisions made by the client, including decisions to hire, reject, or terminate candidates

The limitations set forth in this section apply to the maximum extent permitted by Colombian law.

9. Website Use

When using the EP HeadHunter website, you agree to:

• Use the website only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorised access to any part of the website, its servers, or associated databases
• Not use automated tools, bots, or scrapers to extract content from the website
• Not submit false, misleading, or inaccurate information through any form on the website
• Not transmit any viruses, malware, or other harmful code

We reserve the right to restrict or terminate access to the website for any user who violates these Terms.

10. Indemnification

The client agrees to indemnify, defend, and hold harmless EP HeadHunter, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to: (a) the client's breach of these Terms or any service agreement; (b) the client's employment decisions or treatment of candidates; (c) any violation of applicable employment, anti-discrimination, or data protection laws by the client; or (d) the client's misuse of candidate information provided by EP HeadHunter.

11. Termination

Either party may terminate an engagement by providing written notice in accordance with the terms of the applicable service agreement. In the absence of specific termination provisions:

• Either party may terminate with thirty (30) days' written notice
• EP HeadHunter may terminate immediately if fees are overdue by more than sixty (60) days
• Upon termination, the client remains liable for all fees accrued up to the termination date, including retainer instalments that have become due
• Candidate ownership provisions (Section 3.3), confidentiality obligations (Section 6), and limitation of liability (Section 8) survive termination

12. Force Majeure

Neither party shall be liable for delays or failure to perform its obligations under these Terms or any service agreement due to causes beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions, strikes, civil unrest, or disruptions to telecommunications or internet infrastructure. The affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact of the force majeure event.

13. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Colombia. Any disputes arising from or in connection with these Terms or the provision of our services shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiation within thirty (30) days of written notice
• Mediation: If negotiation is unsuccessful, the parties agree to submit the dispute to mediation administered by a qualified mediator in Bogota, D.C.
• Litigation: If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Bogota, D.C., Colombia

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Contact Information

For questions or concerns regarding these Terms of Service, please contact us: