Article 1 - Agreement
The recruiter agrees to provide candidates for client employment based on written job specifications. The recruiter pre-screens candidates through resume review and interviews. Clients retain sole responsibility for hiring decisions and all employment matters.
Recruiter may associate and/or assign its rights and obligations herein to another party (including but not limited to Recruiter’s subsidiaries or affiliates).
Article 2 - Fees
Clients pay recruiter fees for candidate presentation. All amounts referenced in this Agreement shall be based in United States Dollar denomination. Specific fee structures appear in order forms.
Article 3 - 90 Day Guarantee
If hired personnel voluntarily leave or are terminated within 90 days of employment start, the recruiter provides an equally qualified replacement within six months. If replacement cannot be provided, the recruiter refunds 50% of placement fees.
Exceptions: The guarantee doesn’t apply for layoffs, mergers/sales, modified job duties, client hiring from other sources, or closed positions.
Article 4 - Requirements for Payment
Payment is due within 10 days of the candidate’s employment start date with the client.
Article 5 - Relationship of the Parties
The recruiter operates as an independent contractor with limited agency authority only for pre-screening candidates.
Article 6 - Indemnity
Both parties indemnify each other against damages and losses from recruiting services, except where courts find bad faith, gross negligence, or willful misconduct.
Article 7 - Termination
Either party may terminate for material breach (with 10-day cure period), inability to perform/bankruptcy, or with 30 days’ written notice. Clients must pay all accrued fees upon termination.
Article 8 - Non-Solicitation
The recruiter cannot solicit offered candidates for one year post-agreement, unless the client withdrew the offer or terminated employment.
Article 9 - No Discrimination
The Parties shall not discriminate against any Potential Candidate with regard to race, national origin, religion, creed, age, sex, sexual preference, marital status, ancestry, pregnancy or parental status, disability, or veteran status.
Article 10 - General Provisions
Language
English only.
Assignment
Not transferable without consent, except to successor entities.
Amendments
Require written signatures from both parties.
No Waiver
Only written agreements constitute waivers.
Severability
Invalid provisions don’t invalidate the agreement.
Entire Agreement
Supersedes all prior understandings.
Force Majeure
Recruiter not liable for unforeseen circumstances beyond control.
Notices
Electronic communications permitted; mail takes 3-7 working days.