Terms & Conditions for RGBPSLLC Recruiting Services
RGB Professional Services LLC (“RGBPSLLC,” “we,” “our,” or “the Firm”) provides professional recruiting and career placement services to connect qualified candidates with employers seeking expertise in technical, management, cybersecurity, and artificial intelligence fields. These Terms govern your access to and use of RGBPSLLC Recruiting Services, including any related digital platforms, websites, or communications. By using RGBPSLLC Recruiting Services, submitting your information, or engaging with our recruiters, you agree to these Terms and to our Privacy Policy. If you disagree, please refrain from using our services.
1. Definitions and Scope.
“Firm,” “RGBPSLLC,” “we,” and “us” mean RGB Professional Services, LLC. “Services” means recruiting, facilitation, screening, referral, and related advisory activities. “Candidate” means any individual who submits data to the Firm for job consideration. “Employer” means any entity that uses the Services to source or evaluate Candidates. The Firm acts solely as an independent facilitator. The Firm is neither an employer, co-employer, joint venturer, staffing agency, professional employer organization (PEO), nor a guarantor of employment. All hiring decisions, compensation terms, and employment conditions are made exclusively by the Employer.
2. Candidate Representations; Authorization.
By submitting information, the Candidate represents and warrants that all data (including résumé/CV, certifications, work history, and background information) are true, accurate, current, and not misleading, and that the Candidate is legally authorized to work as represented. The Candidate authorizes the Firm to disclose relevant information to verified Employers (and their agents) for legitimate recruiting and placement purposes and agrees to comply with all applicable laws and professional standards throughout the application process. The Firm may deny, suspend, or terminate Services to any Candidate for falsity, concealment, incompleteness, noncooperation, or misconduct.
3. Employer Obligations.
The Employer represents and warrants that posted roles and related communications are accurate, lawful, non-misleading, and non-discriminatory; agrees to safeguard Candidate data as confidential; will use Candidate data solely for bona fide hiring evaluation; will comply with all applicable laws (including EEO/anti-discrimination laws and fair hiring practices); and will, upon reasonable request, inform the Firm of offer decisions, status changes, or role withdrawals. The Employer is solely responsible for any background checks, work authorization verification, onboarding, compensation, benefits, tax withholding, and employment compliance.
4. Fees; Payment; Taxes.
Services are provided to Candidates at no charge. Employers shall pay the Firm per an executed order, proposal, SOW, or contract (each, an “Order”). Unless otherwise stated, undisputed invoices are due net thirty (30) days from receipt. Fees are non-refundable except as expressly stated in the Order. Past-due amounts may accrue the maximum lawful interest and reasonable collection costs. Fees are exclusive of taxes; Employers are responsible for all applicable taxes other than the Firm’s income taxes.
5. Confidentiality; Data Processing; Transfers.
Each party shall protect the other’s Confidential Information with at least reasonable care, use it only for the Services, and not disclose it except to authorized personnel under duty of confidentiality or as required by law. The Firm processes personal data strictly for legitimate recruiting purposes in accordance with applicable privacy laws (including Maryland law and, where applicable, international transfer mechanisms). Data may be stored or processed in or outside the United States, provided that appropriate safeguards are in place. Each party shall promptly notify the other of any known unlawful disclosure of Confidential Information that it causes or discovers.
6. Intellectual Property.
All methods, content, software, templates, frameworks, trademarks, service marks, trade names, and other materials created by or for the Firm are the Firm’s exclusive property and are protected by law. No license or assignment is granted except as expressly set forth in writing. Copying, modifying, sublicensing, distribution, reverse engineering, or derivative use is prohibited absent prior written consent.
7. No Warranty; Disclaimers.
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, the Firm disclaims all warranties (express, implied, statutory, or otherwise), including warranties of accuracy, completeness, non-infringement, merchantability, fitness for a particular purpose, results, or uninterrupted availability. The Firm does not warrant that any Candidate will be hired, that any position will be filled, or that any employment relationship will continue for any period.
8. Limitation of Liability.
To the maximum extent permitted by law, the Firm and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, or goodwill, arising from or related to the Services, whether based in contract, tort, statute, or otherwise, even if advised of the possibility. The Firm’s aggregate liability for all claims arising out of or relating to the Services shall not exceed the total fees actually paid to the Firm under the applicable Order during the three (3) months immediately preceding the event giving rise to the claim (or USD $1,000 if no fees were paid). These limitations apply notwithstanding any failure of essential purpose.
9. Indemnification.
(a) By Candidate/Employer. Candidate and Employer each agree to defend, indemnify, and hold harmless the Firm and its officers, employees, and agents from and against any third-party claim, demand, loss, liability, damages, costs, and expenses (including reasonable attorneys’ fees) arising from (i) breach of these Terms, (ii) violation of law, or (iii) misuse of the Services or data.
(b) Procedure. The Firm shall provide prompt notice and reasonable cooperation; indemnitor retains control of the defense, subject to indemnitee’s right to participate with its own counsel at its expense; no settlement that imposes non-monetary obligations on the indemnitee may be entered without consent (not unreasonably withheld).
10. Non-Discrimination; Fair Hiring.
The Firm prohibits unlawful discrimination and retaliation and expects compliance with all applicable federal, state, and local laws (including Maryland law, Title VII, ADA, ADEA, and analogous statutes). Candidate and Employer agree to conduct recruitment, selection, and placement on a fair, lawful, and non-discriminatory basis.
11. Compliance; Records; Audit Rights.
Each party shall comply with all applicable laws, rules, and regulations. The Firm may retain relevant records for legally required periods. Where an Order or law so provides, the Firm may request documentation or conduct a reasonable audit of use of the Services to verify compliance.
12. Termination; Suspension; Survival.
The Firm may suspend or terminate access to the Services with or without cause to protect system integrity, Clients, or Candidates, or for non-payment or breach. Upon termination, all obligations that by their nature should survive (including confidentiality, IP ownership, disclaimers, limitations of liability, indemnities, and payment obligations) shall survive.
13. Governing Law; Venue; Jury Waiver; Class Action Waiver.
These Terms are governed by the laws of the State of Maryland, without regard to the conflict of laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Maryland. EACH PARTY IRREVOCABLY WAIVES any right to a jury trial. CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS ARE WAIVED; claims must be brought in an individual capacity.
Optional ADR: Before suit, the parties shall confer in good faith; if unresolved, they will attempt mediation in Maryland; arbitration may be elected by mutual written agreement.
14. Independent Contractors.
The parties are independent contractors. Nothing herein creates an employment, partnership, fiduciary, or agency relationship. The Firm does not assume or administer any Employer payroll, tax, benefit, or compliance obligations.
15. Notices.
Notices must be in writing and deemed given when (i) sent by certified mail, return receipt requested, to: RGB Professional Services, LLC, 9701 Apollo Drive, Suite 301, Upper Marlboro, Maryland 20774 USA, or (ii) sent by email to the last email address provided by the recipient (with reasonable evidence of transmission). Parties shall keep contact details current.
16. Force Majeure.
Neither party is liable for delay or nonperformance due to causes beyond reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, epidemic/pandemic, failure of utilities or communications, or natural disasters. Performance is excused for the duration of the event and resumes when practicable.
17. Assignment; Change of Control.
Candidate and Employer may not assign or transfer these Terms or any rights or obligations hereunder without the Firm’s prior written consent. The Firm may assign these Terms (in whole or part) to an affiliate or in connection with a merger, acquisition, or sale of assets.
18. Waiver; Severability; Entire Agreement; Order of Precedence.
No waiver is effective unless it is in writing and signed; a failure to enforce does not constitute a waiver. If any provision is held invalid or unenforceable, the remainder remains in full force and effect. These Terms, together with any Order and referenced policies (including the Firm’s Privacy Policy), constitute the entire agreement and supersede all prior or contemporaneous understandings regarding the Services. In case of conflict, an executed Order controls over these Terms, which control over policies and FAQs.
19. Amendments; Updates; Electronic Acceptance.
The Firm may update these Terms by posting a revised version with an updated “Last Updated” date. Continued use of the Services after posting constitutes acceptance. Acceptance and signatures may be electronic; electronic records are enforceable to the fullest extent permitted by law.
20. Prevailing Party Fees.
In any action to enforce these Terms, the prevailing party is entitled to reasonable attorneys’ fees and costs, to the extent permitted by law.
21. Acknowledgment.
By engaging the Services, Candidate and Employer acknowledge that they have read, understood, and agree to be legally bound by these Terms.
Contact Information
RGB Professional Services LLC
Recruiting Services Division
Email: recruiting@rgb-ps.com
Website: https://rgb-ps.com
Last Updated: November 2025