Winning Hire Find your A-Player

Legal

Terms of Service

Effective 4 November 2026. Last revised 4 November 2026.

1. Agreement to these Terms

These Terms of Service (the "Terms") govern access to and use of the website located at winning-hire.com and any associated pages, content and functionality (collectively, the "Site"), and describe the general framework under which Winning Hire LLC provides its talent platform services (the "Services"). Winning Hire LLC is a limited liability company organized under the laws of the State of Wyoming, United States ("Winning Hire", "we", "us" or "our").

By accessing the Site, by submitting an enquiry through the Site, or by otherwise engaging with the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.

These Terms apply to the Site and to the general framework of the Services. They do not themselves create any placement, engagement or payment obligation. Any placement of a specialist is governed exclusively by a separate written agreement as described in Section 4.

2. Eligibility and business use only

The Site and the Services are directed solely to businesses and to individuals acting in a professional or commercial capacity. They are not directed to consumers. By using the Site you represent and warrant that you are at least eighteen (18) years of age, that you are acting in the course of a trade, business, craft or profession, and that where you act on behalf of an entity you have the authority to bind that entity.

We do not knowingly provide the Services to consumers and we do not knowingly collect information from any person under the age of eighteen (18).

3. The nature of the Services: a platform, not an employer

Winning Hire operates a talent platform. We identify, assess and engage independent e-commerce specialists, and we make the services of those specialists available to business clients. We administer the vetting, the contracting, the invoicing and the payouts that sit between the two.

The following characterisations are fundamental to the Services and are relied upon by all parties:

  • Specialists are independent contractors. Each specialist operates an independent business, determines the manner and means by which services are performed, supplies their own equipment, and is free to provide services to other parties. No specialist is an employee, agent, partner or joint venturer of Winning Hire.
  • Winning Hire is not an employer. Winning Hire is not the employer of any specialist and is not the employer of any person engaged by a client. Nothing in these Terms, in the Services or in any communication from us shall be construed as creating an employment relationship, a professional employer organisation arrangement, or an employer of record arrangement.
  • Winning Hire is not an employment agency. We do not procure employment for job seekers and we do not procure employees for employers within the meaning of applicable employment agency legislation.
  • Clients direct the work. A client determines the scope, the priorities and the acceptance of the work performed by a specialist engaged through the platform, within the terms of the applicable agreement.

Each party is responsible for its own compliance with the tax, social security, employment, immigration and licensing laws applicable to it. Nothing on this Site constitutes legal, tax or accounting advice.

4. Placements are governed by a separate written agreement

No placement is made, and no fee is payable, except under a separate written agreement executed by the relevant parties. Specifically:

  • Engagement of a specialist by a client is governed by a Client Agreement between the client and Winning Hire, together with the applicable order form or statement of work.
  • Engagement of a specialist by Winning Hire is governed by a Contractor Agreement between the specialist and Winning Hire.

All commercial terms, including without limitation fees, charges, any deposit, payment timing, currency, taxes, the scope of the replacement commitment, conversion or buy-out arrangements, non-circumvention obligations, confidentiality, data protection terms, the allocation of intellectual property, warranties, indemnities, liability limits and termination rights, are set out in your Client Agreement or your Contractor Agreement, as applicable. Those agreements prevail over these Terms and over any statement made on the Site in the event of any inconsistency.

Nothing stated on the Site creates any right, entitlement or commitment that is not expressly granted by the applicable agreement.

5. Assessment, statements on the Site, and the limits of both

We assess candidates under an assessment process that we design, apply and change at our sole discretion. A description of that process on the Site is a general description of method, not a commitment that any particular step is applied to any particular candidate.

That process is a standard of method. It is not a warranty, guarantee, representation or prediction regarding the future performance, conduct, suitability, availability or continued engagement of any specialist, nor regarding any commercial outcome. We do not warrant that any specialist will meet a client's expectations, achieve any revenue, return on advertising spend, margin, growth rate or other business result, or remain engaged for any particular period.

Assessment results, scorecards, interview recordings, summaries and similar materials are provided for the client's evaluation purposes only. The client remains solely responsible for its own hiring decision and for any onboarding, supervision, instruction and acceptance of work.

Content on the Site, including descriptions of the Services, examples, figures, case material and testimonials, is general marketing information. Testimonials reflect the experience of the individuals concerned. They are not typical, they are not a promise or prediction that you will achieve the same or any result, and outcomes depend on factors outside our control. You agree that you have not relied on any statement on the Site, or on any statement not expressly set out in your Client Agreement or Contractor Agreement, in deciding to engage with us.

6. Replacement

Any replacement of a specialist is available only where, and only to the extent that, your Client Agreement provides for it, and only on the conditions, within the period and under the procedure set out there. A replacement is a service, not a refund, a guarantee of any outcome or an admission of liability.

7. Billing and payment framework

The amount of any fee, the invoicing schedule, the currency, any applicable taxes and all other payment terms are set out in your Client Agreement, and are not published on the Site.

Payments are processed through third-party payment and banking providers. Winning Hire contracts with each specialist in its own name and remunerates that specialist as its own contractor from its own account. Winning Hire does not act as an agent for the transmission of a client's funds, does not hold client money for onward transfer, does not accept payment instructions for the benefit of third parties, and does not provide payroll, money transmission or payment services to any party.

Amounts not paid when due may, at our discretion and to the extent permitted by applicable law, accrue interest and result in suspension of the Services, in each case as set out in your Client Agreement.

8. Term, termination and notice

Notice periods, the grounds for termination, the consequences of termination and the provisions that survive it are set out in your Client Agreement or Contractor Agreement.

We may suspend or terminate access to the Site at any time, with or without notice, where we reasonably consider it necessary to protect the Site, the Services, our other users or our legitimate interests.

9. Intellectual property

Subject to full payment of all amounts due and to the terms of the applicable agreements, rights in work product created by a specialist in the course of a placement are assigned to the client in the manner and to the extent set out in the Client Agreement and the Contractor Agreement.

This assignment does not extend to, and the client acquires no rights in, (a) third-party materials licensed for use in a deliverable, including stock imagery, stock footage, music, typefaces and software, which remain subject to their own licence terms; (b) pre-existing materials, methods, know-how and tools owned by a specialist or by Winning Hire; or (c) any generally applicable templates, frameworks, scorecards or processes used by Winning Hire in the provision of the Services.

The Site and all content on it, including the Winning Hire name, the Winning Hire wordmark, the seal device, the text, the layout, the design system and the compilation of all of the foregoing, are owned by Winning Hire LLC or licensed to it, and are protected by applicable intellectual property laws. You may view the Site and quote limited extracts with attribution. You may not otherwise reproduce, distribute, modify, frame, scrape, text-mine or create derivative works from the Site without our prior written consent.

10. Acceptable use of the Site

You agree not to: (a) use the Site in violation of any applicable law or regulation; (b) interfere with or disrupt the integrity, security or performance of the Site; (c) attempt to gain unauthorised access to any portion of the Site or to any related system; (d) use any robot, spider, scraper or other automated means to access the Site except for lawful public search engine indexing; (e) place an unreasonable load on our infrastructure; (f) misrepresent your identity or your affiliation with any person or entity; or (g) use the Site to solicit, recruit or circumvent any specialist introduced through the platform otherwise than in accordance with the applicable agreement.

11. Third-party services and links

The Site links to and relies upon services operated by third parties, including scheduling, hosting, analytics, payment and communication providers. Those services are governed by their own terms and privacy notices. We do not control them, we do not endorse their content, and we are not responsible for their acts or omissions.

12. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Site is provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and we make no warranty that the Site will be accurate, complete, current, secure, uninterrupted or free of error or of harmful components.

13. Limitation of liability

To the maximum extent permitted by applicable law:

  • Winning Hire shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or loss or corruption of data, howsoever arising and whether in contract, tort (including negligence), under statute or otherwise, even if advised of the possibility of such loss.
  • Winning Hire's aggregate liability arising out of or in connection with a placement shall not exceed the total platform fees actually received by Winning Hire in respect of that placement during the twelve (12) months preceding the event giving rise to the claim.
  • Winning Hire's aggregate liability arising out of or in connection with the Site alone, absent any placement, shall not exceed one hundred US dollars (US$100).
  • Winning Hire shall not be liable for the acts, omissions, errors, delays, work product or conduct of any specialist, save to the extent expressly assumed in the applicable Client Agreement, each specialist being an independent contractor and not an employee or agent of Winning Hire.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

Any claim arising out of or in connection with these Terms or the Site must be brought within one (1) year after the cause of action arises, failing which it is permanently barred, to the extent permitted by applicable law.

14. Indemnity

You agree to indemnify, defend and hold harmless Winning Hire LLC and its members, officers and personnel from and against any claim, demand, proceeding, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or in connection with (a) your breach of these Terms, (b) your misuse of the Site, or (c) your violation of any applicable law or of the rights of any third party.

15. Force majeure

Winning Hire shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disaster, epidemic, war, civil unrest, act of terrorism, governmental action, labour dispute, failure of a utility, telecommunications or hosting provider, or widespread failure of the internet.

16. Governing law and dispute resolution

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation, including any non-contractual dispute or claim, are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim or controversy arising out of or relating to these Terms or the Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in the State of Wyoming and conducted in English. The arbitrator may award relief only on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek temporary injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

To the maximum extent permitted by applicable law, all claims must be brought in a party's individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and each party waives any right to a trial by jury.

Subject to the agreement to arbitrate, the state and federal courts located in the State of Wyoming shall have exclusive jurisdiction. Where a Client Agreement or a Contractor Agreement specifies a different governing law, forum or dispute procedure for a placement, that provision prevails for that placement.

17. Changes to these Terms

We may amend these Terms from time to time. The revised version takes effect when published on this page, and the effective date at the top of this page will be updated accordingly. Continued use of the Site after the effective date constitutes acceptance of the revised Terms.

18. General

If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be severed and the remainder shall continue in full force and effect. No failure or delay in exercising any right constitutes a waiver of it. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy and any applicable Client Agreement or Contractor Agreement, constitute the entire agreement between the parties with respect to the Site and supersede all prior understandings relating to it. Nothing in these Terms confers any benefit on any third party.

19. Contact

Winning Hire LLC, a Wyoming limited liability company
hi@winning-hire.com

Winning Hire LLC · Wyoming, USA · hi@winning-hire.com