Terms and agreements
Questions about clauses, engagement agreements or fee structures.
john@vetmark.io
Legal
The agreements that govern how VetMark works, who is responsible for what, and how we handle your information. Written to be read, not skimmed past.
The agreement between you and VetMark whenever you use the website, request talent, or apply to join the network.
By using VetMark you accept these rules. If you do not accept them, please do not use the service.
These Terms of Service form a binding agreement between you and VetMark, the operator of vetmark.io and of the services described on this page. In these terms, "VetMark", "we", "us" and "our" refer to that business. VetMark operates as a fully remote business and can be reached at john@vetmark.io.
By accessing vetmark.io, submitting an enquiry, requesting talent, applying to join the network, or entering into any engagement arranged through us, you confirm that you have read, understood and agree to be bound by these terms and by the Privacy Policy set out in Part Two of this page.
If you are agreeing to these terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation.
Where you sign a separate written engagement agreement, statement of work or order form with us, that document governs the specific engagement. These terms continue to apply to everything the separate document does not address, and in the event of a direct conflict the separate signed document takes precedence.
We find and screen people, then introduce them to you. We are not the employer, and we do not perform the work ourselves.
VetMark is a talent marketplace. We source, assess and introduce Professionals to Clients. The scope of what we provide is set out below, and it is stated precisely because misunderstanding it is the single most common source of dispute in this industry.
Any information we provide about worker classification, tax treatment or compliance is general information only. You are responsible for obtaining your own professional advice on how an Engagement should be structured in your jurisdiction.
You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. Professionals must additionally be legally entitled to provide services on a self-employed or independent basis in their country of residence.
Where an account or profile is created, you agree to provide accurate, current and complete information, to keep it updated, and to keep any access credentials confidential. You are responsible for all activity that occurs under your account.
Providing false, misleading or fabricated information, including misrepresenting work history, portfolio ownership, qualifications or identity, is grounds for immediate and permanent removal from the Services.
When you engage VetMark to fill a role, you agree to the following.
Completing our screening does not entitle you to a job. It makes you eligible to be introduced to Clients.
When you apply to join the Network, you agree to the following.
VetMark does not charge Professionals any fee to apply, to be assessed, or to join the Network. There is no charge for the skills test, the communication clarity test, the portfolio review, the live task, the test project or the interview, and there is no subscription, membership or profile fee of any kind. VetMark is paid by Clients, not by Professionals.
If that position ever changes, we will state it clearly before you apply and it will not be applied retrospectively to anyone already in the Network.
If anyone asks you to pay a fee in VetMark's name, for any reason, do not pay it. Email john@vetmark.io and tell us what happened.
Verified means someone passed our assessment. It raises the odds of a good hire. It is not a promise about how they will perform for you.
Vetting comprises six stages: a skills test, a communication clarity test, a portfolio review, a live task, a client-simulation test project, and an interview. Each stage is assessed against role-relevant criteria by a person working in the relevant discipline.
The VetMark Verified designation records that a Professional completed that process to the standard applied at the time of assessment. It is expressly not:
We may amend, suspend or withdraw a Verified designation at any time, and we may change the Vetting process itself as the Services develop.
Fees are agreed in writing before an Engagement begins, either in a quotation, an engagement agreement or an order form. No fee becomes payable by a Client until a Professional starts work.
For contract, freelance and virtual-assistance Engagements, VetMark charges a markup on the Professional's agreed rate, invoiced monthly for the duration of the Engagement The markup is between 15% and 25% of the Professional's agreed rate, with the exact figure confirmed in writing in your engagement agreement before the Engagement begins.
For direct-hire Engagements, VetMark charges a one-time placement fee calculated as a percentage of the Professional's first-year gross salary, The fee is between 15% and 20% of that salary, with the exact figure confirmed in writing in your engagement agreement before we begin the search. The fee is invoiced on the Professional's start date and is payable only if the Professional actually starts.
Except where the replacement window in clause 9 applies, or where required by law, fees are non-refundable once a Professional has started work.
If a placement is not right, tell us within 10 business days and we will run the search again at no extra cost.
If a Client determines within 10 business days of a Professional's start date that the placement is not the right fit, the Client may notify VetMark in writing and request a replacement. Where the conditions below are met, we will conduct a replacement search at no additional placement fee or search fee.
The replacement window covers the search and screening effort only. It is not a refund of amounts already paid for work performed, and it does not extend to consequential losses of any kind. Each Engagement carries one replacement entitlement unless we agree otherwise in writing.
Where we are unable to present a suitable replacement within 30 business days of a valid replacement request, the position is straightforward. For a direct-hire placement, we refund the placement fee in full. For an ongoing Engagement, our markup stops accruing from the Professional's last working day and no further amounts are payable to us. In both cases you remain responsible only for work the Professional actually performed.
Do not take an introduction we made and arrange the work privately to avoid our fee.
For a period of 12 months following an Introduction, a Client may not directly or indirectly engage that Professional, or refer them to a third party who engages them, outside the VetMark Services, without paying the applicable fee.
This applies whether the Engagement is described as employment, contracting, consultancy, freelance work or any other arrangement, and whether it is entered into by the Client or by an affiliate, subsidiary, parent or related entity of the Client.
Where circumvention occurs, the Client will pay the placement fee that would have applied, calculated in accordance with clause 8, together with any reasonable costs of recovery.
This clause does not apply where the Client can show they had a documented relationship with the Professional predating the Introduction, or where the Professional independently applied to the Client through a public advertisement without any reference to VetMark.
Nothing in these terms creates an employment relationship, partnership, joint venture or agency between VetMark and any Client, or between VetMark and any Professional.
Professionals introduced through VetMark engage as independent contractors. They control the manner and method by which their services are performed, subject to the deliverables and deadlines agreed with the Client, and they are responsible for their own equipment, insurance, taxes and statutory contributions.
Worker classification is determined by the law of the relevant jurisdiction and by the substance of the working relationship, not by the label the parties apply to it. Each Client is responsible for satisfying itself that its Engagement is correctly classified, and for obtaining independent legal and tax advice on that question. VetMark accepts no liability arising from a Client's misclassification of a Professional.
Each party may receive information from the other that is confidential. Confidential information includes briefs, candidate details, pricing, business plans, client lists, and any information that would reasonably be understood to be confidential given its nature or the circumstances of disclosure.
Each party agrees to use the other's confidential information only for the purposes of the Services or an Engagement, to protect it with at least reasonable care, and not to disclose it to any third party except to personnel or advisors who need it and who are bound by equivalent obligations.
These obligations do not apply to information that is or becomes public through no breach of this clause, was already lawfully known to the receiving party, is independently developed without reference to the disclosed information, or must be disclosed by law or court order, provided that reasonable notice of any such requirement is given where legally permitted.
Professionals sign a confidentiality undertaking before receiving Client access. Where a Client requires Professionals to sign the Client's own confidentiality or data-protection terms, we will facilitate that.
The VetMark name, logo, website, assessment materials, rubrics, test projects and all associated content are owned by VetMark or its licensors and are protected by intellectual property law. Nothing in these terms transfers any right in them to you. You may not copy, reproduce, republish, scrape or reuse our assessment materials or website content without written permission.
Ownership of Work Product created during an Engagement is governed by the agreement between the Client and the Professional. The standard position we recommend and apply in our own template agreements is that Work Product created for a Client during a paid Engagement is assigned to that Client on payment.
Pre-existing materials, tools, templates and methods that a Professional brings to an Engagement remain the property of that Professional, who grants the Client a licence to use them to the extent they are embedded in the Work Product.
Work produced by a Professional during Vetting is created for the purpose of assessment. We may retain it for our records and may share relevant extracts with prospective Clients as evidence of capability, with the Professional's consent.
You agree not to use the Services to:
We investigate reported breaches and may suspend or terminate access, remove content, and where appropriate report conduct to the relevant authorities.
You may stop using the Services at any time. Where an Engagement or engagement agreement is in force, its own notice provisions apply.
We may suspend or terminate access to the Services immediately where you breach these terms, where an invoice remains unpaid beyond its due date, where we reasonably suspect fraud or misrepresentation, or where we are required to do so by law.
Termination does not affect any right or liability that accrued before it, and clauses relating to fees already due, non-circumvention, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity and governing law survive termination.
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, VetMark disclaims all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the above, we do not warrant that:
Any statistics, case studies, past results or benchmark figures published by VetMark describe specific past engagements or general industry data. They are illustrative only and are not a prediction, projection or guarantee of results for you.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted by the law that applies to you, and nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.
To the fullest extent permitted by law, VetMark is not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for any loss of profit, revenue, business, goodwill, anticipated saving, data, or opportunity, however caused and whether or not we were advised of the possibility.
VetMark's total aggregate liability arising out of or in connection with the Services, whether in contract, tort including negligence, statute or otherwise, is limited to the total fees actually paid by you to VetMark in the twelve (12) months immediately preceding the event giving rise to the claim.
In particular, VetMark is not liable for acts, omissions, errors, negligence, misconduct, breaches of confidence or losses caused by any Professional or any Client during or after an Engagement. The Engagement is between those parties.
This clause does not limit liability that cannot be limited by law, and it applies subject to clause 16.
You agree to indemnify and hold harmless VetMark, its officers, employees and contractors against any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of or connected with your breach of these terms, your misuse of the Services, your infringement of any third-party right, or, in the case of a Client, any claim arising from your engagement, classification, treatment or termination of a Professional.
Talk to us first. If that fails, disputes go to arbitration rather than court, one person at a time. You can opt out of arbitration within 30 days by email.
These terms, and any dispute or claim arising out of or in connection with them including non-contractual disputes, are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Before starting any formal proceeding, you agree to email john@vetmark.io describing the dispute and what you want resolved, and we agree to respond in good faith. Most disagreements are settled at this stage. If the matter is not resolved within 30 days of that notice, either party may proceed under step two.
Please read this section carefully. It affects how disputes between us are resolved and it limits the ways in which you can seek relief.
Any dispute not resolved under step one will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is Delaware, United States. Hearings will be conducted remotely by video wherever the arbitrator permits, so that neither party is required to travel in order to be heard. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Disputes will be arbitrated only on an individual basis. You and VetMark each waive any right to bring, join or participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this waiver is held unenforceable in respect of a particular claim, then that claim, and only that claim, will be heard in court rather than in arbitration.
You may opt out of the arbitration agreement and class action waiver above by emailing john@vetmark.io within 30 days of first accepting these terms, stating your name and that you are opting out of arbitration. Opting out affects nothing else in these terms, and it will not affect your relationship with VetMark in any way.
Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property. Any claim that is not subject to arbitration will be heard exclusively in the state or federal courts located in Delaware, United States, and both parties consent to the jurisdiction of those courts.
What personal information VetMark collects, why we collect it, who sees it, and the rights you have over it.
VetMark is the data controller for the personal information described here. Our contact details are in clause 33.
| Category | Examples | Why we hold it |
|---|---|---|
| Contact data | Name, email address, phone number, company name, job title, country | To respond to enquiries and administer engagements |
| Client brief data | Role requirements, budget range, tools, working hours, team context | To source and screen suitable candidates |
| Application data | CV, portfolio, work history, links, references, right-to-work statements | To assess applications to the Network |
| Assessment data | Skills test results, live task and test project submissions, interview notes, scores | To operate and record the Vetting process |
| Engagement data | Start dates, rates, hours, invoices, replacement requests, feedback | To administer and bill engagements |
| Payment data | Billing address, tax identifiers, bank or processor references | To take and make payments and meet accounting duties |
| Technical data | IP address, device and browser type, pages viewed, referring URL | To operate, secure and improve the website |
| Communications | Emails, form submissions, call notes and scheduling records | To keep an accurate record of our dealings with you |
We collect this information directly from you, automatically through your use of the website, and occasionally from public professional sources such as a public portfolio or professional profile you have chosen to publish.
We do not ask for special category data such as health information, and we ask that you do not include it in an application. Where you provide it unprompted, we delete it unless we are legally required to retain it.
We use personal information to provide and operate the Services, specifically to:
We do not sell personal information, and we do not share it with third parties for their own independent marketing purposes.
Where data protection law requires a legal basis for processing, we rely on the following.
We share personal information only as described here.
A current list of the categories of service provider we use is available on request by emailing john@vetmark.io.
VetMark operates across borders by design. Personal information may be transferred to, stored in and processed in countries other than the one you live in. In practice this means the United States, where our systems and most of our service providers are located, and the countries across Africa where Professionals are based. Those countries may have data protection laws that differ from the laws where you live.
Where we transfer personal information out of a jurisdiction that restricts such transfers, we rely on an appropriate safeguard, such as standard contractual clauses approved by the relevant authority, an adequacy decision, or another lawful transfer mechanism. You may request details of the safeguard applied to a specific transfer.
We keep personal information only as long as we need it for the purposes described, and then delete or anonymise it. Our standard periods are set out below and may be extended where a legal claim, audit or statutory obligation requires it.
| Record | Retention period |
|---|---|
| Website enquiries that do not proceed | 12 months |
| Unsuccessful applications | 12 months, then deleted unless you ask us to keep you on file |
| Network profiles and assessment records | For as long as you remain in the Network, plus 24 months |
| Client and engagement records | Duration of the relationship, plus 6 years |
| Invoices and financial records | 7 years, to meet U.S. tax and accounting requirements |
| Marketing consents and opt-outs | Until withdrawn, and a suppression record kept indefinitely |
You can ask what we hold about you, ask us to correct or delete it, and object to some uses. Email the address in clause 33 and we will respond.
Depending on where you live, you may have the right to:
Residents of California and of other states with comprehensive privacy laws may have rights to know, delete, correct, and opt out of the sale or sharing of personal information and of targeted advertising. VetMark does not sell or share personal information as those terms are defined under those laws. You may exercise your rights using the contact details in clause 33, and we will not discriminate against you for doing so.
You may lodge a complaint with your local supervisory authority, though we would be glad of the chance to resolve the matter first.
Many other countries give you comparable rights under their own data protection law, including the Nigeria Data Protection Act for individuals in Nigeria, and you may complain to your local supervisory authority. Wherever you live, you can exercise the rights listed above by emailing us, and we will apply them.
We respond to verified requests within the period required by the applicable law, and in any event without undue delay. We may need to verify your identity before acting on a request.
We apply technical and organisational measures appropriate to the risk, including encryption in transit, access controls limiting personal information to those who need it, vendor due diligence, and confidentiality obligations on everyone who handles data on our behalf.
No method of transmission or storage is completely secure, and we cannot guarantee absolute security. Where a personal data breach occurs that is likely to result in a risk to your rights, we will notify the relevant authority and, where required, affected individuals, within the timeframes the applicable law sets.
The Services are intended for adults and are not directed at children. We do not knowingly collect personal information from anyone under 18. If you believe a child has provided us with personal information, contact us and we will delete it.
How the website uses cookies, how we handle third-party tools, and the housekeeping clauses that apply across this page.
Cookies are small files placed on your device that let a website function properly and let us understand how it is used. We group ours as follows.
| Type | Purpose | Consent |
|---|---|---|
| Essential | Page delivery, security, load balancing, remembering your cookie choices | Not required |
| Functional | Remembering preferences such as form progress or language | Required |
| Analytics | Understanding which pages are read, how visitors arrive, and where they leave | Required |
| Marketing | Measuring campaigns and, where used, advertising audiences | Required |
Where consent is required, non-essential cookies are set only after you agree through our cookie banner. You can change or withdraw your choices at any time using the cookie preferences control in the website footer, and you can block or delete cookies through your browser settings, though some parts of the site may then not work as intended.
The individual cookies in use, together with their providers and lifespans, are listed inside the cookie preferences panel, and a copy is available on request by emailing john@vetmark.io. We honour Global Privacy Control signals where our systems receive them.
The Services rely on third-party providers for functions such as hosting, email, scheduling, customer relationship management and payments. Their handling of personal information is governed by their own terms and privacy notices, and by the data-processing agreements we hold with them.
Our website may link to third-party sites. We do not control them and are not responsible for their content, terms or privacy practices. Following an external link is at your own discretion.
We aim to make vetmark.io usable by as many people as possible and work towards the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a reference standard. If you encounter a barrier on this site, tell us at the address in clause 33 and describe the page and the problem. We will respond and, where we can, fix it.
We may update this page as the Services and the law develop. The effective date and version number at the top of the page always reflect the current document.
Where a change materially affects your rights or obligations, we will give reasonable notice by email to the address we hold for you, or by a prominent notice on the website, before it takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the revised terms. If you do not accept a change, you should stop using the Services and, where an Engagement is in force, contact us to discuss it.
Changes do not apply retroactively to a dispute arising before the change took effect.
For any question about these terms, a privacy request, a cookie query or an accessibility issue, write to us and say clearly what you are asking for.
General and legal enquiries: john@vetmark.io
Privacy requests: john@vetmark.io
Arbitration opt out notices: john@vetmark.io
VetMark is a fully remote business and does not operate a public office, so email is the fastest and most reliable way to reach us. Please put the subject of your request in the subject line, for example "Privacy request" or "Arbitration opt out", so it is routed correctly.
We aim to acknowledge every message within 5 business days, and to resolve privacy requests within the period the applicable law allows.
A policy nobody understands protects nobody. If a clause on this page is ambiguous, tell us which one and we will either explain it or rewrite it.
Questions about clauses, engagement agreements or fee structures.
john@vetmark.io
Access, correction, deletion and objection requests.
john@vetmark.io
Hiring enquiries and applications to join the network. vetmark.io/contact