Terms of Service

Last Updated: October 30, 2023

Welcome to Bullpen Talent. By accessing our website www.bullpentalent.com and utilizing our various services (collectively, the "site"), you enter into an agreement with Bullpen Talent LLC, dba Bullpen Talent, subject to your compliance with all of the terms, conditions, and notices contained herein (the “Terms of Service”), as well as any other written agreement between us and you.

Acceptance of Terms

Your use of this site signifies your agreement to comply with these Terms of Service. If you do not agree with any part of these Terms of Service, please exit the site now. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon your use of this site.

Modifications and Compliance

These terms of service are effective as of the "Last Updated" date indicated at the top of this page. We reserve the right to modify these terms without notice. It is your responsibility to review this site and these terms periodically. Your continued use of this site after modifications constitutes acknowledgment of the modified terms and agreement to abide by them.

Effective Date

Your agreement with us becomes effective immediately upon your use of this site.

Our Affiliates

References to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers involved in creating, producing, and delivering this site and its contents and services.

Usage and Boundaries

By using this site, you agree to be bound by these Terms of Service. If you disagree, kindly exit the site now. Your dissatisfaction with this site or its offerings is remedied by discontinuing use of the site or related services.

Dispute Resolution

Any disputes between you and us will be governed by the Terms of Service in effect at the time the dispute arose.

Our Services

Bullpen Talent, LLC matches offshore contractors (“Talent”) with businesses (“you”, “Client”) who request us to do so, and then facilitate the Talent to provide services to you as defined by the hiring job description by by the Client. We make efforts to ensure our Talent is acceptable and of high quality but do not provide any guarantee or warranty for the information, work product, or tasks your Talent completes for you.

Your account with our service (your “Account”) is non-transferable. That means that you cannot sell or have Talent perform work for any company beyond the identified entity on the Account.

Term & Billing Policies

All Bullpen Talent LLC contracts are monthly agreements at advertised or contracted rates, which begin on the effective date as written in the Account contract. The first charge will occur on the billing effective date as stated in the contract and subsequent charges will occur on the schedule defined also within the contract (usually on or near the 1st of each month). The agreement commences with a minimum commitment defined in the contract and shifts to a month-to-month commitment thereafter. After the minimum commitment, if you would like to terminate service, we require 45 days notice.

Advertised prices are subject to add on fees for custom solutions that you require at the time of contract signing or thereafter.

If a form of payment is declined, Client has 48 hours to resolve the issue and make payment. If the issue is not resolved with that timeframe, Bullpen Talent LLC has the right to terminate service, pause service, or charge a 10% fee in addition to that monthly invoice.

Any agreement or attempted agreement between Talent and Client, in connection with a service contract, requiring that payment be made outside of Bullpen Talent LLC, shall constitute a material breach of this agreement and be subject to cancellation without refund.

Change of Talent

Client may request, at no charge, a change in Talent anytime within the first 3 months, provided that the new Talent is for the same job description and level of duties. This process will be completed by us as quickly as possible in order to minimize disruption to your business. If you feel your Talent is not performing at the expected level and it is beyond the 3-month period, please reach out to us and we will work with you on a solution.

Our goal, without question, is to make sure you are very happy with our service, so please contact us anytime if you feel that your Talent is not performing to your expected level.

Guarantee and Warranty

Bullpen Talent LLC does not provide any guarantee or warranty for any of the information or work your Talent completes for you, and cannot be held liable for any damages or losses associate with it.

Early Cancellation

Early cancellation is defined as any cancellation after the completion of a payment authorization form (credit card, ACH or other) but before the first day for which the Talent member starts with you. The fee for this early cancellation is $3,000 per approved role and will be charged to the authorized payment method.

Termination of Service

Bullpen Talent LLC reserves the right to terminate service with a Client at any time, for any reason. Reasons are not limited to, but may include, excessive requests outside of the defined service scope or abusive behavior towards the Talent member at any time.

Talent Non-solicitation Provision:

I acknowledge that Bullpen Talent LLC has made significant investments to recruit, vet, train and match skilled Talent with each of its clients, including me, and that Bullpen Talent has a legitimate interest in earning a reasonable return on those investments.

I also acknowledge that Bullpen Talent LLC has agreements with its Talent members that protect this interest by requiring that Talent members obtain prior written consent from Bullpen Talent LLC before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Client (or associated entity) for whom they were assigned.

As such, I agree that during my service period with any Talent member from Bullpen Talent LLC and for a period of twenty-four (24) months immediately following the termination of my relationship with Bullpen Talent LLC for any reason, I shall not directly or indirectly solicit any Bullpen Talent LLC Talent member who is or was assigned to be during my relationship with Bullpen Talent LLC to work for me in any engagement directly or indirectly, without first having consent from Bullpen Talent LLC. If this were to happen, I agree to pay Bullpen Talent LLC, as liquidated damages to compensate for its lost investments (not as a penalty), a one-time fee equal to twenty-four (24) months of my most recent monthly subscription cost of that Talent member while it was assigned to me.

Limitation of Liability

Except to the extent required by applicable law, in no event shall Bullpen Talent LLC, nor its owners, partners, employees, agents, suppliers or affiliates, be liable for any (a) indirect, incidental, special, exemplary, consequential or punitive damages, including without limitation, loss of profits, data, use, or other tangible or intangible losses, resulting from (1) your access to or your use or your inability to access or use our services or Talent; (2) any content or work material obtained from the service or Talent on or through the service.

You, our Client, use our Talent members at your own risk and we are not held liable for any resulting losses related to their work product, use, content or material.

To the maximum extent permitted under applicable law, our maximum liability to you relating to the services or arising out of or in any way connected to these terms shall not exceed one hundred dollars. The existence of one or more claims by you will not increase our liability.