Refund Policy & Replacement Guarantee
Effective Date: January 1, 2025 | Last Updated: January 1, 2025
No Refunds Policy
ALL FEES PAID TO ALIVIO SEARCH PARTNERS LLC ARE FINAL AND NON-REFUNDABLE. This policy applies to all service offerings including but not limited to: Retained Search Sprints, Recruitment-as-a-Service (RaaS), Fractional Talent Leadership, Talent Engine subscriptions, and all other recruitment services. By engaging our services, you acknowledge and agree to this no-refunds policy.
1. No Refunds on All Services
1.1 All Fees Are Non-Refundable
All fees, retainers, deposits, and payments made to Alivio Search Partners LLC ("Alivio," "we," "us," or "our") are final and non-refundable under any circumstances. This includes but is not limited to:
- Retained search engagement fees
- Search Sprint fixed fees
- Monthly subscription fees for Talent Engine or RaaS services
- Fractional Talent Leadership retainer fees
- Rush search or expedited service fees
- Upfront deposits or partial payments
- Any other service fees or charges
1.2 No Refunds for Early Termination
If you terminate services early, cancel an engagement, or choose to stop working with Alivio for any reason before completion, you will NOT receive any refund of fees already paid. All work performed up to the point of termination has been completed in good faith and represents valuable services rendered.
1.3 No Refunds for Dissatisfaction
We do not issue refunds based on dissatisfaction with search results, timeline delays, candidate quality concerns, or any other subjective factors. Instead, we offer a comprehensive 90-Day Replacement Guarantee for retained search placements (detailed in Section 2).
1.4 No Refunds for External Circumstances
No refunds will be issued due to changes in your business circumstances, including but not limited to: hiring freezes, budget cuts, role elimination, company restructuring, mergers and acquisitions, change in hiring needs, or change in leadership priorities.
2. 90-Day Replacement Guarantee (Retained Search Only)
2.1 What Is Covered
For candidates placed through our Retained Search Sprint service only, Alivio provides a 90-Day Replacement Guarantee. If a placed candidate voluntarily resigns, is terminated for cause, or otherwise separates from your organization within ninety (90) calendar days of their official start date, we will conduct one (1) replacement search at no additional search fee.
2.2 Guarantee Period
The 90-day guarantee period begins on the candidate's first official day of employment (as defined by your organization's onboarding records) and ends exactly ninety (90) calendar days later. Separations occurring after the 90-day period are NOT covered under this guarantee.
2.3 How the Guarantee Works
If a covered candidate separates within the guarantee period, you must notify Alivio in writing within ten (10) business days of separation. Upon verification, we will initiate a replacement search using the same search parameters and scope as the original engagement. The replacement search will be conducted at no additional search fee, though you remain responsible for all original fees paid.
2.4 What Is NOT Covered
The 90-Day Replacement Guarantee does NOT apply in the following circumstances:
- Layoffs or workforce reductions: If the candidate is terminated due to company layoffs, restructuring, reduction in force, or elimination of the position.
- Change in role scope: If the role's responsibilities, reporting structure, compensation, or location are materially changed after the candidate's start date.
- Client-side performance issues: If separation is due to inadequate onboarding, lack of resources, management issues, or hostile work environment created by the client.
- Compensation changes: If you fail to honor the agreed-upon compensation package, benefits, or other terms presented to the candidate during the hiring process.
- Non-retained services: The guarantee does NOT apply to contingent placements, contract staffing, Talent Engine sourcing, RaaS subscriptions, or any service other than Retained Search Sprints.
- Force majeure: Events beyond Alivio's reasonable control including natural disasters, pandemics, war, government action, or other extraordinary circumstances.
- Candidate misrepresentation: If it is later discovered that the candidate materially misrepresented their qualifications, background, or credentials during the hiring process, and you were reasonably unable to detect this during your interview and reference checking process.
2.5 Limit of Guarantee
The 90-Day Replacement Guarantee entitles you to one (1) replacement search only. If the replacement candidate also separates within 90 days, no additional replacement searches will be provided. This guarantee is limited to the search services only and does not include refunds, credits, or any other form of compensation.
2.6 Client Cooperation Required
To invoke the guarantee, you must: (a) provide written notice within 10 business days of separation, (b) provide documentation of the separation (termination letter, resignation letter, or similar), (c) participate in good faith in the replacement search process, (d) respond to candidate submissions within the agreed-upon timeline, and (e) maintain the same role requirements and compensation range as the original search.
3. Services Specifically Excluded from Guarantee
The following services do NOT include any guarantee or replacement provision:
- Recruitment-as-a-Service (RaaS): Monthly subscriptions for ongoing sourcing and recruiting support
- Talent Engine subscriptions: Access to AI-powered candidate sourcing tools and automated pipelines
- Fractional Talent Leadership: Part-time Head of Talent advisory services
- Contract or temporary staffing: Any non-permanent placement arrangements
- Contingent search: Any placement made on a contingent or success-fee basis (if applicable)
- Sourcing-only services: Provision of candidate pipelines without placement
- Consulting or advisory services: Recruitment strategy consulting, process design, employer branding, etc.
These services are billed on a subscription, retainer, or hourly basis and represent ongoing access to expertise, tools, and support rather than guaranteed placement outcomes.
4. Payment Terms
4.1 Payment Due Immediately
All invoices are due and payable according to the terms specified in your engagement agreement. Typical payment structures include:
- Retained Search Sprints: 50% upfront retainer upon execution of agreement, 50% due upon presentation of candidate shortlist or at 30 days, whichever comes first.
- Subscription Services (RaaS, Talent Engine): Monthly recurring payments due on the 1st of each month or anniversary date of subscription.
- Fractional Leadership: Monthly retainer due in advance on the 1st of each service month.
4.2 No Refunds for Partial Service Periods
If you cancel a subscription service mid-month or mid-billing cycle, you will NOT receive a prorated refund for the unused portion. You will retain access to services through the end of the current billing period, but no refunds will be issued.
4.3 Late Payment
Late payments may result in suspension of services, interest charges at 1.5% per month (or the maximum allowed by law, whichever is less), and collection efforts. Late payment does not entitle you to any refund of fees already paid or due.
5. Disputes and Resolution
5.1 Good Faith Negotiation
If you have concerns about service delivery, candidate quality, or any other aspect of your engagement with Alivio, we encourage you to contact us immediately. We commit to working with you in good faith to address concerns through open communication and collaborative problem-solving.
5.2 No Chargebacks
You agree NOT to initiate chargebacks, payment disputes, or reversals with your financial institution. If you have a billing concern, you must contact Alivio directly first. Initiating a chargeback without prior good-faith attempt to resolve the issue with Alivio may result in immediate termination of services and legal action to recover fees plus costs.
5.3 Dispute Resolution Process
Any disputes shall be governed by the dispute resolution terms in your Master Service Agreement or Engagement Letter. Generally, disputes are resolved through binding arbitration in Westchester County, New York, in accordance with the rules of the American Arbitration Association.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIVIO'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ALIVIO FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM.
Under no circumstances shall Alivio be liable for: (a) indirect, incidental, consequential, special, or punitive damages, (b) lost profits or revenue, (c) business interruption, (d) loss of business opportunities, (e) reputational harm, or (f) cost of replacement services, even if advised of the possibility of such damages.
Our 90-Day Replacement Guarantee for retained search placements is your sole and exclusive remedy for any issues related to candidate performance, tenure, or fit. The guarantee constitutes full satisfaction of any claims, and you waive any right to pursue additional damages or compensation.
7. Modifications to This Policy
Alivio reserves the right to modify this Refund Policy at any time. Changes will be effective immediately upon posting to our website at aliviosearchpartners.com/refund-policy. Your continued use of our services after changes are posted constitutes acceptance of the modified policy. We encourage you to review this policy periodically. The version in effect at the time you engage our services shall govern your engagement.
8. Governing Law and Jurisdiction
This Refund Policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of such courts.
9. Severability
If any provision of this Refund Policy is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed from this policy. The remaining provisions shall continue in full force and effect.
10. Acknowledgment and Acceptance
By engaging Alivio Search Partners' services, submitting payment, or signing an engagement agreement, you acknowledge that you have read, understood, and agree to be bound by this Refund Policy in its entirety. You specifically acknowledge and agree that: (a) all fees are non-refundable, (b) the 90-Day Replacement Guarantee applies only to retained search placements and is subject to the terms and exclusions outlined above, and (c) this policy constitutes part of the binding agreement between you and Alivio Search Partners LLC.
Questions About This Policy?
If you have questions about this Refund Policy or need to invoke the 90-Day Replacement Guarantee, please contact us:
Alivio Search Partners LLC
297 Cook Avenue
Yonkers, NY 10701
Email: hello@aliviosearchpartners.com
Phone: (914) 230-0850
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