CONTINGENCY STAFFING SERVICE AGREEMENT
Whereas, Client desires the assistance of the Search Firm in providing recruiting services to assist Client in finding qualified candidates; andWhereas, the Search Firm has a background and experience in personnel matters, including recruiting, and the Search Firm is willing to render such assistance on the terms and provisions hereinafter set forth.Now, Therefore, in consideration of the mutual promises contained herein, It Is Hereby Agreed:1.Description of Services: Search Firm will provide the following services:
Description of Services: Search Firm will provide the following services:Direct Hire : Search Firm will provide recruiting services including, but not limited to; candidate identification and qualifying, coordination of interviews with company personnel, and related staffing duties, to assist Client in finding qualified candidates.
2. Client's responsibilities with respect to providing information: Concerning any open employment position for which Client wishes Search Firm to engage in recruiting activities, Client shall furnish in writing a job description including background and experience requirements, a list of duties, a list of benefits and salary range, including any bonus potential if offered.
3.Terms of Agreement: This Agreement shall be effective for a period of one year; thereafter, this Agreement shall automatically renew on a month-to-month basis, unless either party provides 30 days written notice to the other party prior to termination of the applicable initial term or renewal term.
Terms of Agreement: This Agreement shall be effective for a period of one year; thereafter, this Agreement shall automatically renew on a month-to-month basis, unless either party provides 30 days written notice to the other party prior to termination of the applicable initial term or renewal term.4.Search Firm Fees: The Direct Hire Fee is earned if a referred candidate accepts a position with the Client, whether directly or indirectly, in any capacity as an employee, consultant, or independent contractor, within twelve (12) months of the most recent activity on behalf of that candidate. The fee is also earned in the event the Client refers the candidate to another entity who utilizes the services of the candidate.
Search Firm Fees: The Direct Hire Fee is earned if a referred candidate accepts a position with the Client, whether directly or indirectly, in any capacity as an employee, consultant, or independent contractor, within twelve (12) months of the most recent activity on behalf of that candidate. The fee is also earned in the event the Client refers the candidate to another entity who utilizes the services of the candidate.Direct Hire Fees:
The Direct Hire Fee is based on the candidates first year's estimated gross earnings as follows:
Percentage of first year's gross earnings will range from 15% - 30% of base salary and a reasonable estimate of bonus, if offered. This is contingent on the warranty period as follows:
Thirty (30) calendar days warranty , the fee is @ 15% of estimated first years compensation.
Sixty (60) calendar days warranty, the fee is @ 20% of estimated first years compensation.
Ninety (90) calendar days warranty, the fee is @ 25% of estimated first years compensation.
Six-months (180) calendar days warranty, the fee is @ 30% of estimated first years compensation.
5.Status of Search Firm: Search Firm shall be deemed to be an Independent Contractor and not an employee of the Client.
Status of Search Firm: Search Firm shall be deemed to be an Independent Contractor and not an employee of the Client.6.Replacement Guarantee: If a hired candidate referred by Search Firm terminates employment with Client within the first thirty (30) , sixty (60) ninety (90) or six-months (180) calendar days of their employment. Search Firm will identify new candidates and provide a one-time replacement employee at no additional charge. Search Firm's obligation under this guarantee shall be met if, prior to referring the replacement candidate, the Client fills the position from another source. This guarantee is contingent upon Search Firm's receipt of the Direct Hire Fee within thirty (30) calendar days following the commencement date of the candidate's employment.
Replacement Guarantee: If a hired candidate referred by Search Firm terminates employment with Client within the first thirty (30) , sixty (60) ninety (90) or six-months (180) calendar days of their employment. Search Firm will identify new candidates and provide a one-time replacement employee at no additional charge. Search Firm's obligation under this guarantee shall be met if, prior to referring the replacement candidate, the Client fills the position from another source. This guarantee is contingent upon Search Firm's receipt of the Direct Hire Fee within thirty (30) calendar days following the commencement date of the candidate's employment.7.Billing and Payment: Search Firm shall submit an invoice to Client upon Direct Hire candidate's start date, said invoice shall be due and payable within thirty (30) calendar days.
Billing and Payment: Search Firm shall submit an invoice to Client upon Direct Hire candidate's start date, said invoice shall be due and payable within thirty (30) calendar days.8.Assignment: This Agreement may not be assigned by either party without the other's written consent.
Assignment: This Agreement may not be assigned by either party without the other's written consent.9.Confidential Property: Search Firm agrees that the information furnished to it by Client is confidential information, which remains the property of Client. Upon termination of this Agreement, such information shall be returned to Client.
Confidential Property: Search Firm agrees that the information furnished to it by Client is confidential information, which remains the property of Client. Upon termination of this Agreement, such information shall be returned to Client.10.Entire Agreement: This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Entire Agreement: This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.11.Amendment: This Agreement may be modified or amended if such is made in writing and signed by both parties.
Amendment: This Agreement may be modified or amended if such is made in writing and signed by both parties.12.Severability: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable .If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Severability: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable .If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.13.Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.14.Applicable Law: This Agreement shall be governed by the State of California and may be enforced in the Courts of California.
Applicable Law: This Agreement shall be governed by the State of California and may be enforced in the Courts of California.15. Attorney's Fees: In the event of a violation of this Agreement, the party prevailing in Court shall be entitled to its reasonable attorney's fees and court costs. In the event this account is referred to our collection department, court costs, attorney fees, and interest will be charged at 18% per annum.
Attorney's Fees: In the event of a violation of this Agreement, the party prevailing in Court shall be entitled to its reasonable attorney's fees and court costs. In the event this account is referred to our collection department, court costs, attorney fees, and interest will be charged at 18% per annum.16.Interviewing candidates through our firm indicates your acceptance of this agreement. Changes and modifications are not valid unless they are in writing and signed by an authorized representative of Dennis J. Knox & Company, Inc.
Interviewing candidates through our firm indicates your acceptance of this agreement. Changes and modifications are not valid unless they are in writing and signed by an authorized representative of Dennis J. Knox & Company, Inc.Contingency
