Terms and Conditions

By accessing our website (smks.com), submitting a job application, registering as a candidate, or engaging SMKS Staffing Solutions (“SMKS,” “we,” “our,” or “us”) for staffing or recruitment services, you (“you” or “User”) agree to be legally bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not use our website or services.

These Terms apply to: (a) job seekers and candidates who register with or apply through SMKS; and (b) client businesses that engage SMKS for staffing, recruitment, or related workforce services. In cases where a separate written Service Agreement exists between SMKS and a client, the terms of that agreement shall control over these Terms to the extent of any conflict.

SMKS provides a range of staffing and workforce solutions, including:

• Contract Staffing — Placement of temporary or contract workers for defined assignment periods, for which SMKS serves as the employer of record
• Permanent / Direct Hire Placement — Sourcing and presenting qualified candidates for direct employment by client companies
• Executive Search — Retained and contingency search services for senior-level and specialized positions
• Recruitment Process Outsourcing (RPO) — Full or partial outsourcing of a client's recruitment operations and talent acquisition function

Specific terms, fee structures, and service-level obligations for each engagement are detailed in executed Service Agreements between SMKS and the client.

By registering as a candidate or applying through SMKS, you represent, warrant, and agree that:

• All information provided, including your resume, work history, credentials, licenses, and references, is accurate, current, and complete. Providing false or misleading information is grounds for immediate removal from SMKS's candidate pool and may result in termination of any placement.
• You are legally authorized to work in the United States in accordance with the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a, and will provide valid I-9 verification documents within three (3) business days of any placement.
• You consent to employment-related background checks, reference verifications, and drug screenings where required by law or the client, pursuant to your separate written FCRA authorization.
• You will conduct yourself professionally during any assignment and comply with all applicable client workplace policies and codes of conduct.
• You will maintain the confidentiality of client proprietary information, trade secrets, and other non-public information you encounter during an assignment.
• You will promptly notify SMKS of any workplace injury, safety concern, or incident of discrimination or harassment experienced during an assignment.

By engaging SMKS staffing or recruitment services, client companies represent, warrant, and agree that:

• Your business is duly organized, validly existing, and legally authorized to operate and employ workers in all applicable jurisdictions.
• Job descriptions, skills requirements, compensation ranges, and working conditions provided to SMKS are accurate and comply with applicable law.
• You will maintain a workplace that complies with applicable Occupational Safety and Health Administration (OSHA) standards and applicable state safety regulations, and you will provide SMKS-placed workers with a safe working environment.
• You will not engage in any discriminatory conduct toward SMKS-placed candidates or workers on the basis of any protected characteristic as defined under applicable federal and state law, including Title VII of the Civil Rights Act of 1964, the ADA, the ADEA, and applicable state anti-discrimination statutes.
• You will immediately notify SMKS of any workplace injury, workers' compensation claim, or incident involving an SMKS-placed worker.
• You will comply with all payment obligations and other terms of the executed Service Agreement.

For direct hire placements, SMKS provides a thirty (30) day replacement guarantee from the placed candidate's first day of employment, unless otherwise specified in the Service Agreement. The guarantee is subject to the following conditions:

• If a placed candidate voluntarily resigns or is terminated for cause within the guarantee period, SMKS will conduct one (1) replacement search at no additional fee
• The guarantee does not apply if the position is eliminated, the role's requirements are materially changed, or the termination results from client restructuring, reduction in force, or discriminatory conduct
• Guarantee rights are forfeited if the client's invoice balance is not current at the time the guarantee claim is submitted
• No cash refunds are provided under any circumstances

For a period of twelve (12) months following the conclusion of any contract assignment or the presentation of a candidate for direct placement, clients agree not to hire, engage (directly or indirectly), or solicit for employment any candidate presented or placed by SMKS, except through SMKS and upon payment of applicable fees. If a client hires or engages such a candidate outside of SMKS's involvement during the non-solicitation period, a conversion fee equal to the applicable direct placement fee will be immediately due and payable.

Similarly, candidates on active SMKS assignments agree not to accept or solicit direct employment from the applicable client employer during the assignment term without SMKS's prior written consent.

SMKS is an Equal Opportunity Employer and Staffing Provider. We are committed to providing equal employment opportunities and do not discriminate on the basis of any protected characteristic in our staffing, placement, or employment practices. We comply with all applicable federal, state, and local anti-discrimination laws, including:

• Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)
• The Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA)
• The Age Discrimination in Employment Act of 1967 (ADEA — age 40+)
• The Equal Pay Act of 1963
• The Genetic Information Nondiscrimination Act of 2008 (GINA)
• The Pregnant Workers Fairness Act (PWFA)
• Executive Order 11246 (for applicable federal contractor engagements)
• All applicable state and local anti-discrimination and civil rights statutes

Clients engaging SMKS services are required to maintain the same commitment to equal employment opportunity with respect to SMKS-placed workers. Any client found to be engaging in discriminatory practices may have services terminated at SMKS's discretion without liability.

SMKS is committed to full compliance with applicable federal, state, and local employment laws, including:

• Fair Labor Standards Act (FLSA) — 29 U.S.C. § 201 et seq. SMKS ensures proper classification, minimum wage, and overtime pay for all covered contract and temporary employees
• State Wage and Hour Laws — We comply with applicable state minimum wage rates, overtime rules, pay frequency requirements, and meal and rest break laws in every state where we place workers
• Family and Medical Leave Act (FMLA) — 29 U.S.C. § 2601 et seq. Eligible SMKS employees on long-term assignments may qualify for FMLA leave protections
• E-Verify — SMKS participates in the federal E-Verify program to confirm the employment eligibility of all placed workers pursuant to IRCA
• WARN Act — 29 U.S.C. § 2101 et seq. SMKS acknowledges applicable notification obligations for qualifying mass layoffs or plant closings involving placed workers
• State-Specific Laws — We monitor and comply with state-specific staffing, wage transparency, and employment laws applicable to the jurisdictions in which we operate, including those in California, New York, Illinois, and Texas

For contract and temporary placements where SMKS serves as the employer of record, SMKS maintains the following insurance coverages:

• Workers' Compensation insurance as required by applicable state law for all contract/temporary employees
• Employers' Liability insurance
• Commercial General Liability insurance
• Professional Liability (Errors & Omissions) insurance

Client employers must immediately report any workplace injury involving an SMKS-placed worker to SMKS and to the appropriate state workers' compensation authority. Clients are responsible for maintaining their own insurance coverage for direct hire placements following any applicable guarantee period.

Both SMKS and each party engaging our services agree to maintain the strict confidentiality of all proprietary business information, candidate profiles, client requirements, pricing and fee structures, trade secrets, and other non-public information disclosed in connection with the services (“Confidential Information”). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or judicial process.

This confidentiality obligation survives the termination or expiration of the service relationship for a period of three (3) years.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMKS'S TOTAL AGGREGATE LIABILITY TO ANY PARTY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES — WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL FEES PAID BY THE APPLICABLE CLIENT TO SMKS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SMKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA, EVEN IF SMKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless SMKS and its officers, directors, shareholders, employees, agents, successors, and assigns from and against any and all claims, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of any representation, warranty, or obligation under these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your negligence, gross negligence, willful misconduct, or fraudulent misrepresentation
• Any claim by a placed worker arising from conditions at your workplace (for client employers)
• Any claim arising from your misclassification of a worker contrary to SMKS's designated employment relationship

The parties agree to use the following process to resolve any dispute arising from or related to these Terms or the services:

• Good-Faith Negotiation — The parties shall first attempt to resolve any dispute through informal good-faith negotiation for a period of thirty (30) days following written notice of the dispute
• Binding Arbitration — If negotiation is unsuccessful, disputes shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified herein. The arbitration shall be conducted by a single arbitrator in Mecklenburg County, North Carolina.
• Class Action Waiver — All arbitration shall be conducted on an individual basis only. You waive any right to participate in class action arbitration or any other form of consolidated or representative proceeding.
• Equitable Relief — Either party may seek immediate injunctive or other equitable relief from a court of competent jurisdiction to protect confidential information, intellectual property rights, or to prevent irreparable harm, without waiving the right to arbitration.

These Terms and Conditions are governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of law principles that would require the application of another jurisdiction's law. Any litigation not subject to the arbitration provision above shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you hereby irrevocably consent to personal jurisdiction and venue in those courts.

SMKS reserves the right to modify these Terms and Conditions at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised effective date. Your continued use of our website or services following the posting of changes constitutes your binding acceptance of the revised Terms. We encourage you to review this page periodically. For active service engagements governed by a separate written Service Agreement, the terms of that agreement shall control.

If you have questions or concerns regarding these Terms and Conditions, please contact us:

You may also reach us through our Contact Usform on our website.