This Refund Policy is incorporated by reference and governed by the Employer Terms of Service, which together with the Fees Schedule contains explanations of defined terms.No Fees shall be due to Vettery where an Employer can prove that a Candidate and the Employer were engaged in an Active Recruiting Process prior to the Employer viewing the Candidate through the Services. Vettery reserves the right to request any documentation to evidence that the Candidate was known to the Employer. This clause shall not apply where the Employer initiates the engagement through the Service. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Job Offer will be at the sole discretion of Vettery.Refund of the Upfront Fee shall be granted in the event that:
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1. an Employer hires a Candidate and terminates the Candidate’s employment based on unsatisfactory performance within ninety (90) days of the Candidate’s start date;
   
2. a Candidate voluntarily terminates his or her employment within ninety (90) days of its start date; or
   
3. a Candidate does not start employment because either the Employer or the Candidate elects not to begin the employment relationship contemplated in the Job Offer.
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Upon written receipt and confirmation of such information described in (1) – (3) above, Vettery will fully refund to the Employer the Success Fee related to the terminating Candidate.

No refund shall be due to Employers that have entered into a Subscription Agreement during their Subscription Period.