The Contract

Tripartite Terms of Service and Recruitment Intermediation Agreement

Last updated: September 18, 2026

This Tripartite Terms of Service and Recruitment Intermediation Agreement (the "Agreement") governs the contractual relationship established via the web platform accessible at https://www.awork.biz (the "Platform"), entered into by and between:

  1. S.C. COMMERCE AUTOMATION S.R.L., a limited liability company organized and existing under the laws of Romania, having its registered office at 48 Trandafirilor Sq., Office 3-16, Floor III, Târgu Mureș, Mureș County, Romania, registered with the Trade Register under no. J26/631/20.04.2023, Sole Registration Code (CUI) 48022011 (hereinafter referred to as the "Platform Operator" or "Platform");
  2. THE EMPLOYER, any legal entity or registered business that creates an Employer account on the Platform, posts job vacancies, and deposits associated recruitment bounties (hereinafter referred to as the "Employer"); and
  3. THE RECRUITER, any registered agency, freelance headhunter, or legal entity operating recruitment services that creates a Recruiter account on the Platform and submits candidates for published vacancies (hereinafter referred to as the "Recruiter").

The Platform Operator, Employer, and Recruiter are collectively referred to as the "Parties" and individually as a "Party".

PREAMBLE

  • WHEREAS, the Platform Operator operates an online B2B intermediation software and digital marketplace connecting Employers with Recruiters;
  • WHEREAS, the Platform Operator acts strictly as a neutral digital intermediary and fiduciary escrow agent, and does not act as an employer, placement agency, or temporary work agent;
  • WHEREAS, the Employer agrees to be legally bound by this Agreement upon posting and funding a job vacancy, and the Recruiter agrees to be legally bound upon self-assigning to a job vacancy or submitting candidate proposals;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

ARTICLE 1. DEFINITIONS

  • "Job Listing", "Ad", "Advertisement" or "Project": A job vacancy posted by an Employer, including role requirements, number of open positions, placement reward, and optional interview reward.
  • "Escrow Custody": The temporary, fiduciary holding of bounty funds deposited by the Employer into a segregated platform clearing ledger, pending milestone validation or refund.
  • "Selected for Hiring": The operational platform status assigned to a candidate confirmed for employment by the Employer.
  • "Interview Completed": The operational platform status assigned when an Employer conducts a validated interview with a proposed candidate.
  • "Platform Fee": The technical intermediation fee earned by the Platform Operator upon successful milestone disbursement.
  • "Processing Fee": An administrative and banking surcharge of up to 1% retained by the Platform Operator to cover transaction, payment gateway, and custody maintenance expenses in the event of job cancellation or lack of placement.

ARTICLE 2. TRIPARTITE NATURE AND ACCEPTANCE

  • 2.1. The Parties expressly acknowledge that publishing a Job Listing (for Employers) and submitting candidate dossiers (for Recruiters) forms an enforceable, legally binding Tripartite Contract among the Platform Operator, Employer, and Recruiter.
  • 2.2. The legal contract governing the recruitment service itself is executed directly between the Employer (as beneficiary) and the Recruiter (as service provider), facilitated by the Platform Operator under a technical and escrow agency mandate.

ARTICLE 3. JOB PUBLICATION, MODERATION, AND ESCROW FUNDING

  • 3.1. Content Moderation: No Job Listing becomes publicly visible on the Platform without mandatory review and approval by a Platform moderator. The Platform Operator reserves the right to suggest modifications, edits, and structural improvements to optimize recruiter engagement and legal compliance.
  • 3.2. Mandatory Pre-Funding: A Job Listing shall only be activated and displayed to Recruiters once the Employer has successfully transferred the full bounty amount (covering all open positions and any optional interview fees) into Escrow Custody via an approved payment method.
  • 3.3. Unfilled Listings & Administrative Retention: If a Job Listing expires or is cancelled by the Employer without any candidate being hired or interviewed, the deposited escrow balance shall be refunded to the Employer, subject to a deduction of up to 1% representing operational, banking, and payment processing fees incurred by the Platform Operator.

ARTICLE 4. RIGHTS AND OBLIGATIONS OF THE EMPLOYER
4.1. Rights of the Employer:

  • To publish job vacancies and define the remuneration payable upon successful placement and/or completed interviews.
  • To review submitted profiles, download candidate resumes in PDF format, and request relevant supplemental details through the Platform messaging interface.
  • To accept or reject submitted candidates based on legitimate business criteria.
4.2. Obligations of the Employer:
  • Accuracy: To provide accurate, truthful, non-discriminatory, and complete requirements in all Job Listings.
  • Escrow Funding: To fully pre-fund the recruitment bounty prior to public listing.
  • Prompt Processing: To review, evaluate, and provide clear feedback on proposed candidates in good faith and within a reasonable timeframe (not to exceed 3 business days per candidate stage).
  • Payment Obligation: To promptly mark qualified candidates as "Interview Completed" or "Selected for Hiring", triggering the release of escrow funds to the entitled Recruiter and the Platform Fee to the Platform Operator.

ARTICLE 5. RIGHTS AND OBLIGATIONS OF THE RECRUITER
5.1. Rights of the Recruiter:

  • To access active, verified Job Listings, including details regarding the hiring company and the designated bounty amounts.
  • To self-assign to active projects on a first-come, first-served basis, up to a default platform limit of 5 recruiters per Job Listing (the Platform Operator reserves the right to adjust this limit on a case-by-case basis).
  • To propose up to a maximum of 5 candidate profiles per open position specified in the Job Listing (e.g., up to 10 submissions for a listing with 2 open vacancies).
  • To receive contractual compensation from escrow when a proposed candidate reaches "Interview Completed" (if enabled) or "Selected for Hiring".
5.2. Obligations of the Recruiter:
  • Candidate Quality: To present only vetted, qualified candidates who have given prior explicit consent for their submission.
  • Accurate Data: To ensure that all candidate documentation, career histories, and contact details are truthful and complete.
  • Data Protection & Compliance: To handle candidate personal data in strict accordance with Romanian Law no. 190/2018 and Regulation (EU) 2016/679 (GDPR). Additional candidate information requested by Employers may only be transmitted with the candidate's explicit consent.

ARTICLE 6. NON-CIRCUMVENTION AND ANTI-BYPASS COVENANTS
6.1. Six-Month Prohibition: If an Employer rejects a candidate submission for a Job Listing or closes a position without hiring through the Platform, the Employer is strictly prohibited from hiring, contracting, or engaging — directly or indirectly — the candidate introduced via the Platform for that role or any related role for a period of six (6) months following the introduction date.
6.2. Liquidated Damages: If the Employer breaches Section 6.1 by engaging an introduced candidate within the six-month exclusivity window, the Employer shall be legally obligated to immediately pay:

  1. The full placement bounty originally specified in the Job Listing to the introducing Recruiter; and
  2. The standard Platform Fee to the Platform Operator, alongside any legal and recovery costs incurred.

ARTICLE 7. INVOICING AND FINANCIAL SETTLEMENT
7.1. Direct Invoicing: Recruitment services are provided directly by the Recruiter to the Employer. Upon release of funds from Escrow Custody:

  • The Recruiter shall issue a fiscal invoice directly to the Employer for the recruitment bounty.
  • The Platform Operator shall issue a fiscal invoice to the Employer for technical intermediation services (Technical Intermediation Services - Platform Fee).
7.2. Fiduciary Release: Escrow fund disbursements are irreversible once marked as "Selected for Hiring", unless an active mediation claim has been filed prior to release.

ARTICLE 8. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
8.1. Dedicated Support: Both Employers and Recruiters shall have access to dedicated Platform support via email (suport@awork.biz) and telephone (+40726215812) assistance during standard business hours (Monday to Friday, 09:00 - 17:00 EET/EEST).
8.2. Platform Mediation Facility: The Platform Operator maintains an internal mediation and claims system (Dispute Center). The Parties agree to submit any contention regarding candidate ownership, interview milestones, or quality issues to this internal process before initiating external actions.
8.3. Failure of Mediation: If a dispute between the Employer and Recruiter cannot be resolved within fourteen (14) business days through the Platform's proposed resolution, the Parties may seek legal remedies in accordance with Article 9.

ARTICLE 9. GOVERNING LAW AND JURISDICTION
9.1. Romanian Governing Law: This Agreement, its interpretation, performance, and any non-contractual obligations arising out of or in connection with it shall be governed exclusively by and construed in accordance with the substantive laws of Romania.
9.2. Competent Jurisdiction: Any dispute, controversy, or claim arising out of or relating to this Agreement, including its validity, invalidity, breach, or termination, which cannot be settled amicably or through Platform mediation, shall be submitted to the exclusive jurisdiction of the competent courts of Târgu Mureș, Romania.

ARTICLE 10. CONFIDENTIALITY AND DATA PROTECTION (GDPR)
10.1. All recruitment materials, financial terms, and candidate profiles exchanged through the Platform constitute confidential trade secrets.
10.2. The Parties act as independent data controllers with respect to candidate personal data, and agree to maintain technical and organizational measures to prevent unauthorized data processing, leakage, or loss pursuant to Regulation (EU) 2016/679.

ARTICLE 11. TERMINATION AND AMENDMENTS
11.1. The Platform Operator reserves the right to suspend or terminate account access for any Party found in breach of this Agreement, including attempts to circumvent Platform escrow, fraudulent profile submissions, or abusive behavior.
11.2. Continued utilization of the Platform following any published modifications to these terms shall constitute full acceptance of the updated terms.