Terms of Service
Effective date: 2025
Legal entity: Total Presence Management, LLC (“TPM,” “we,” “us,” or “our”)
1) Who these Terms apply to
These Terms govern your access to and use of:
(a) our website(s), landing pages, forms, and Job Board (the “Site”); and
(b) services we provide to employers (staffing/recruiting and business payroll administration) and to candidates (application handling, matching, scheduling) (collectively, the “Services”).
By using the Site or Services, you agree to these Terms and our Privacy Policy (/privacy). If you do not agree, do not use the Site or Services.
2) Eligibility; where we operate
We serve Arizona. You must be able to form a binding contract to use the Services. Employers warrant they are authorized to bind their organization. Candidates warrant the information they submit is accurate and lawfully theirs to provide.
3) Services overview
3.1 Staffing & Recruiting (Employers)
We source, screen, and present candidates for employer review. Employers remain the decision-maker for hiring and employment terms. Unless expressly stated in a separate written agreement, TPM is not the employer of record for direct-hire placements.
3.2 Business Payroll Administration (Employers)
When engaged, TPM provides payroll setup and administration for businesses (e.g., onboarding data collection, timekeeping facilitation, payroll processing, tax filings) as described in the applicable Order/Agreement. TPM does not provide consumer financial products or lending.
3.3 Candidate Services (Job Seekers)
We accept applications, evaluate fit, share your profile with potential employers, schedule interviews, and communicate about roles you choose to pursue. Candidates are never charged fees by TPM.
4) Orders/Agreements; fees; payment (Employers)
The specific scope, pricing, and responsibilities for employer Services are set out in a signed Order/Agreement, proposal, master services agreement, or written confirmation (email acceptable). Employers agree to pay fees per that document and applicable invoices. Unless otherwise stated, invoices are due Net [15/30] days. Late fees thereafter are applicable as detailed in the service agreement. Taxes are the Employer’s responsibility unless TPM is required to collect them.
5) No candidate fees; wage & hour
TPM does not charge Candidates for placement. If you are hired by an Employer, your wages and employment terms are set by that Employer (or by TPM only where TPM is the employer of record for a temporary/assignment role, which will be communicated to you in writing).
6) Background checks; FCRA (Candidates)
Some roles require background screening by a consumer reporting agency. Where required, TPM (or the Employer) will provide FCRA disclosures and obtain your written authorization. You have rights to receive a copy of any report and dispute inaccuracies with the reporting agency.
7) Equal opportunity; anti-discrimination
TPM is an equal opportunity organization. We and our Employer Clients comply with applicable federal, state, and local laws prohibiting discrimination (including EEO, ADA, AZ law). We do not accept or act on discriminatory job orders.
8) Your responsibilities
Employers agree to:
- Provide accurate job requirements and a safe, lawful workplace;
- Timely review of candidates and timely payment of invoices;
- Comply with labor, wage & hour, and workplace laws; and
- Provide complete and accurate payroll inputs and approvals when using payroll administration.
Candidates agree to:
- Provide accurate application information and promptly update material changes;
- Apply only for roles you are legally authorized to work; and
- Comply with Employer policies if engaged.
9) Site use & acceptable conduct
You agree not to: (a) misuse the Site; (b) attempt unauthorized access; (c) submit malware or automated scraping without permission; (d) post unlawful, misleading, or infringing content; or (e) use the Site to advertise or solicit unrelated services. We may suspend or terminate access for violations.
10) Intellectual property
The Site and its content are owned by TPM and our licensors and are protected by law. You receive a limited, revocable, non-exclusive license to access the Site for its intended purposes. Do not copy, modify, distribute, or create derivative works without permission.
11) Confidentiality
Each party may receive non-public information from the other (e.g., job requirements, candidate data, pricing). The receiving party will protect it and use it only to perform under these Terms or an Order/Agreement, except where disclosure is required by law. Candidate information shared with Employers must be used solely for legitimate hiring.
12) Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Site or Services, you consent to those practices. Operational emails/SMS about an active application, account, or service may still be sent even if you opt out of marketing messages. Consent is not a condition of service.
13) Third-party services
We may link or connect to third-party sites and systems (e.g., Job Board, background screening, payroll platforms). TPM is not responsible for third-party content or terms. Your use of those services is governed by their terms and policies.
14) Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED IN WRITING.
15) Limitation of liability
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. THIS SECTION DOES NOT LIMIT LIABILITY FOR A PARTY’S WILLFUL MISCONDUCT, FRAUD, OR PERSONAL INJURY/PROPERTY DAMAGE CAUSED BY NEGLIGENCE.
TPM’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY THE EMPLOYER TO TPM FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 3 MONTHS PRECEDING THE EVENT (OR $500 FOR CLAIMS BY SITE VISITORS OR CANDIDATES WHERE NO FEES WERE PAID). These limits apply regardless of the theory of liability but not where prohibited by law.
16) Indemnification
You will defend, indemnify, and hold TPM harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your misuse of the Site or Services; (b) your breach of these Terms; or (c) for Employers, your employment practices, workplace conditions, or payroll inputs/approvals you provide.
17) Suspension; termination
We may suspend or terminate access to the Site or Services if you violate these Terms, an Order/Agreement, or applicable law, or if continued service would pose risk. You may stop using the Site at any time; Employers remain responsible for fees incurred prior to termination.
18) Changes to the Terms
We may update these Terms from time to time. The effective date shows the latest revision. If we make material changes, we will post them here and, when appropriate, notify active customers or candidates.
19) Governing law; venue; dispute resolution
These Terms are governed by the laws of the State of Arizona, without regard to conflicts of law. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona.
20) Compliance statements
- No consumer finance: TPM does not offer consumer loans or credit and is not a lender.
- Immigration & work authorization: Employers are responsible for verifying work authorization as required by law (e.g., I-9/E-Verify) unless expressly contracted to TPM.
- At-will employment: Nothing in these Terms creates an employment relationship between TPM and Candidates unless expressly stated in writing for a given assignment.
- Export/compliance: You will not use the Site or Services in violation of applicable sanctions, export, or anti-corruption laws.
21) Contact
Questions about these Terms?
Total Presence Management, LLC
2401 W Peoria Ave, Suite 315, Phoenix, AZ 85029 • (602) 451-3417 • [email protected]