Terms of Service...
This agreement is made by and between Andiamo! Group and «Company» and made effective upon the date that both parties execute it. «Company» wishes to obtain and Andiamo! Group wishes to provide recruitment services and placement of qualified candidates with «Company» during the term of this agreement.
The parties agree as follows:
1.0 SERVICES: Andiamo! Group will provide qualified candidates for interviews according to the personnel requisition and requests supplied to Andiamo! Group by «Company».
2.0 FEE: «Company» shall pay a fee of 30% of the starting annual compensation (base plus commission, bonus, etc.) for each candidate placed with «Company». «Company» shall not be obligated to pay any other fees nor reimburse any expenses incurred by Andiamo! Group, excepting any requested 3rd party background checks.
2.1 «Company» shall pay Andiamo! Group 100% of the fee no later than 10 days after candidate’s start date or the guarantee discussed in paragraph 2.2 will be forfeited, subject to paragraph 2.0. A monthly 1.5% charge will be applied to any unpaid balance after day 31 of the candidate’s start date. If Andiamo! Group is required to take any action to collect any fees (including interest on unpaid fees) that are not paid when due under the terms of this agreement, «Company» shall be obligated to reimburse Andiamo! Group for its reasonable costs of collection, including attorneys' fees.
2.2 If the candidate placed by Andiamo! Group either voluntarily resigns or is terminated for failure to perform to «Company»’s standards during his/her first ninety (90) days of employment, Andiamo! Group will refund to «Company» a portion of the fees paid to Andiamo! Group in connection with the initial candidate search at the rate of 1/90th per day from the date of the candidate’s termination to the end of the ninety (90) day guarantee period.
2.3 Paragraph 2.2 is Null and Void in the event of a Company-initiated lay-off, lack of work, elimination of the position, a substantial change in the job description or reporting structure, a change in «Company» ownership, or any other reason beyond the candidate’s control.
2.4 In the event that a candidate is referred to «Company» by Andiamo! Group and any other third-party, «Company», will determine which company is entitled to a recruitment fee according to the date and time that the candidate was initially referred. If «Company» is unable to determine without question which company should receive the fee, «Company» will pay a split fee to the companies involved.
2.5 A candidate referral shall be considered valid for a period of one year from the date of said referral and Andiamo! Group shall be entitled to a recruitment fee if the candidate is hired for this or any other position, by «Company» or a subsidiary, affiliate, or related company, within this timeframe, whether in the capacity of employee or independent contractor.
3.0 NON SOLICITATION AND NON HIRE OF EMPLOYEES: «Company» will not solicit or hire, directly or indirectly, any Andiamo! Group employee, whether currently employed or previously employed at Andiamo! Group within the last six (6) months, through the duration of this Agreement and for a period of twelve (12) months following its termination. Failure to comply with such provision will result in a penalty for each solicitation equal to a flat fee of $25,000. Such solicitation and/or hire shall be considered a material breach of this Agreement. «Company» agrees that such solicitation and/or hire shall irreparably harm Andiamo! Group and that Andiamo! Group will be entitled to an injunction and damages to prevent such action in the future. An exception to this prohibition may be agreed to in writing by Andiamo! Group.
Andiamo! Group agrees not to knowingly solicit any current «Company» employee and will not directly hire any current «Company» employee during the term of this agreement. Failure to comply with such provision will result in a penalty for each solicitation equal to a flat fee of $25,000. An exception to this prohibition may be agreed to in writing by «Company». Due to the nature of Andiamo! Group’s industry, employees of «Company» who solicit Andiamo! Group for the purpose of a general job search shall be exempt from this provision.
4.0 DISPUTES: If any disputes arise under this Agreement, authorized representatives of all parties shall meet to attempt to resolve such disputes. If these disputes cannot be resolved by these representatives within 30 days, a binding arbitration shall be held. The rules of the American Arbitration Association shall apply, provided, however, that:
a) The arbitration shall be held by a single arbitrator mutually acceptable to both parties. If the parties cannot agree on a single arbitrator, each party shall identify one independent individual who shall meet to appoint a single arbitrator.
b) The arbitrator’s decision shall be considered as a final and binding resolution of disagreement which may be entered in judgment by a court of competent jurisdiction.
c) Neither party shall sue the other where the basis of the suit is this Agreement except for enforcement of the arbitrator's decision in the event that the other party is not performing according to the arbitrator's decision.
5.0 TERMINATION: This agreement is valid for a period of one (1) year from date of signature. Upon termination of this agreement, all terms of this contract will remain in effect for all candidates submitted, in process, or hired by the date of termination. Either party may terminate this Agreement without penalty by giving the other party a (30) thirty days written notice of its intent to terminate the Agreement.
6.0 RESPONSIBILITY: This agreement gives «Company» the sole responsibility to determine the suitability and competence of the candidate in a direct-hire or temporary situation.
7.0 This agreement provides that Andiamo! Group and «Company» may communicate and reach binding agreements via e-mail.
8.0 EQUAL OPPORTUNITY EMPLOYER: Andiamo! Group understands that «Company» is an equal opportunity employer and does not discriminate on the basis of race, sex, age, national origin, religion, physical or mental handicap/disability, marital status, veteran status, sexual orientation, or any other basis prohibited by law.
9.0 EQUAL OPPORTUNITY AGENCY: Andiamo! Group represents that it is an equal opportunity employer and agrees that all referrals will be made in conformance with all equal opportunity laws and «Company»’s nondiscrimination policies and will not directly or indirectly violate the letter or spirit of such laws and policies.
10.0 BREACH: If either «Company» or Andiamo! Group breaches paragraphs 8.0 or 9.0 above, this Agreement shall be immediately canceled and each party agrees to indemnify and hold the other party and its officers and employees harmless from any claims brought by or on behalf of applicants caused by such breach.
11.0 GOVERNING LAW: This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of California.
