We expend tremendous resources to provide our Platform and services, and to connect Clients and Consultants. You are prohibited from making side-agreements, exchanging payment off our Platform, or engaging in activities that can be deemed competitive to Growth Collective with any user outside of our Platform.
Clients agree not to make direct payments to any Consultant and Consultants agree not to accept any direct payments for the services provided to Clients. We will terminate a User’s access to and use of the Platform, and enforce all available legal remedies, including inspection of a User’s books and records if such User is found to be making or accepting payment outside the Service to any User found through the Service.
Buyout. Client may directly engage or employ a Consultant off the Platform by paying Growth Collective a buyout fee (the “Buyout Fee”) equal to the lesser of $20,000 or a fee equal to 15% of the projected first year full-time salary to be paid to Consultant by Client (if GC Consultant is hired by Client on a part-time basis, then the projected part-time salary shall be calculated proportionately to a full-time salary and the Buyout Fee shall be calculated on the pro rata projected full-time salary; if Consultant is hired by Client as an independent contractor, then that projected remuneration shall be calculated proportionately to full-time remuneration and the Buyout Fee shall be calculated on the pro rata projected full-time remuneration). Client agrees to inform Growth Collective in writing prior to employing or engaging Consultant and agrees to pay Growth Collective the Buyout Fee within three (3) days of such notice. Client agree to provide Growth Collective a right of inspection to Client’s books and records with regard to the verification of the remuneration paid to Consultant by Client for the first year and if such remuneration is greater than the amount used to calculate the Buyout Fee, then Client shall pay Growth Collective the difference within 30 days of the one year anniversary of the payment of the Buyout Fee.
Books and Records. At all times during your use of our Platform and for a period of two (2) years thereafter, both Clients and Consultants will keep complete and accurate books and records sufficient to verify compliance or non-compliance with this Non-Circumvention Policy. If Growth Collective has reason to believe any User is in violation of its Non-Circumvention Policy, Growth Collective will provide thirty (30) days written notice of its intent to inspect such books and records. You agree to provide Growth Collective with all relevant records and to cooperate with reasonable cooperation to the extent necessary to verify the accuracy of the amounts owed and charged pursuant to this Agreement.
Remedies for Violation of this Section. You recognize and agree that any violation of the disintermediation provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to Growth Collective. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Growth Collective will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay Growth Collective the cost of pursuing any enforcement, judicial or otherwise, of this Agreement, including attorney’s fees and costs.
Last Updated: December 4th, 2020