Recruitment Services Agreement - EchoGlobal Tech

RECRUITMENT SERVICES AGREEMENT #________

1. PARTIES

1.1. This Agreement becomes effective upon its signing by both parties (hereinafter referred to as the "Effective Date").

1.2. ______________, a private limited company registered at ___________________________, with registration number ___________ (hereinafter referred to as the "Agency").

1.3. __________________________ organized in _____________________, (hereinafter referred to as the "Client").

2. DEFINITIONS

2.1 Candidate: The person introduced by the Agency to the Client for an Engagement.

2.2 Candidate Information: All information about the Candidate that could be used to identify them as an individual. It also includes any documents or data connected to their Introduction and possible Engagement, such as summary profiles, CVs, and job applications.

2.3 Introduction: Submitting a Candidate's CV or other personal identification information to the Client.

2.4 Engagement: The initiation of a working relationship with the Candidate, whether through employment or contractual agreement, by either the Client or any Third Party.

2.5 Third Party: Any Client’s subsidiary, parent or affiliated company or another person to whom Client submits Candidate Information and who engages the Candidate instead of Client.

2.6 Hiring Request: The details about an open job position, along with specific qualifications needed for the Candidate, as provided by the Client and outlined in Appendix I of this Agreement.

2.7 Fees: The amount payable by Client to the Agency for its services as detailed in this Agreement.

2.8 Probationary Period: The initial period of cooperation between Client and Candidate, lasting no longer than three (3) calendar months from the date of Engagement.

3. THE SCOPE OF THE AGREEMENT

3.1 This Agreement outlines the cooperation terms between the Agency and the Client concerning the Recruitment Services.

4. SELECTION PROCESS

4.1 The Agency agrees to use its best efforts to source, identify, validate, and present Candidates meeting or exceeding the requirements specified in the Hiring Request. This sourcing may include online platforms, internal databases, referrals, or any other professional means deemed appropriate by the Agency. There is no guarantee that the Agency will find the needed Candidates.

4.2 After identifying potential Candidates, the Agency shall conduct a series of HR and technical interviews to assess whether their qualifications match the criteria outlined in the Hiring Request. Once confirmed, the Agency shall make an Introduction via email.

4.3 Upon the Introduction, the Client commits to reviewing submitted Candidates' CVs and providing feedback to the Agency within five (5) business days. This feedback should clearly state whether the Client wants to reject the Candidate or move forward with an interview.

4.4 The Agency shall coordinate online interviews between the Client and the Candidates and has the right to be present during each interview conducted by the Client.

4.5 The Client is solely responsible for carrying out all background checks, obtaining any necessary work or other permits, scheduling any required medical exams, and fulfilling any other tasks required by law.

4.6 Both Parties commit to a non-discriminatory selection process. Decisions must be made based on qualifications, skills, and experience, without regard to race, color, religion, gender, national origin, age, disability, or any other protected status.

4.7 The Client shall confirm their final Candidate selection and the Engagement's start date via email.

5. TERMINATION

5.1 This Agreement begins on the Effective Date and remains valid until terminated by either Party as detailed herein.

5.2 Each Party may terminate the Agreement for any reason by providing a one (1) day written notice.

5.3 Notwithstanding any termination of this Agreement, any Fees due for Engagements of a Candidate which were made prior to the termination of Agreement, shall continue to be due and shall survive the termination of this Agreement.

6. PAYMENT TERMS

6.1 Upon any successful Engagement of a Candidate, Client shall pay the Agency the Fees in the amount of 15% of the Candidate’s first-year gross salary.

6.2 The payment of the Fees is divided into two (2) parts: 50% is due within five (5) business days from the Candidate's start date, and the remaining 50% is due within five (5) business days after the Candidate completes a Probationary Period.

6.3 The Agency has the right to charge interest on invoiced amounts unpaid for more than thirty (30) days at the rate of 5% per annum above the Bank of Estonia base rate from the due date until the date of payment.

6.4 Payments must be made in USD via wire transfer to the Agency’s specified bank account.

6.5 The Introduction of a Candidate to the Client remains valid for a period of twelve (12) months from the date of Introduction. The Client shall notify the Agency of the Engagement during this period and shall be liable to the Fees specified in the Clause 6.1.

6.6 The Client agrees to reimburse the Agency and/or Candidates for all travel, accommodation, and other related expenses incurred in connection with services rendered under this agreement. All such expenses shall be subject to the prior written approval of the Client. Such reimbursed expenses will be invoiced to the Client with an additional 10% handling fee.

7. CANCELLATION FEE

7.1 If the Client chooses to terminate the recruitment process after three (3) Candidates have been successfully interviewed by the Client, a cancellation fee of 600 (six hundred) US dollars will be applicable.

7.3 The cancellation fee must be paid by the Client within five (5) business days upon receiving the Agency's invoice.

8. REPLACEMENT GUARANTEE AND REFUND

8.1 If the Engagement terminates within the Probationary Period for any reason, the Agency shall, upon Client’s notification, provide a one-time replacement of the Candidate free of charge.

8.2 The provisions outlined in the Clause 8.1 will not be applicable if the Engagement is terminated due to reasons such as corporate restructuring, lay offs, operational downtime, reconfiguration of the job role, or if the Candidate is unable to continue due to pregnancy, illness, injury, or any discriminatory conduct.

8.3 If the Client informs the Agency in writing that a replacement is not required, the Agency may issue a prorated refund based on the proportion of Candidate’s completed working days to the total days in the Probationary Period.

8.4 The Client forfeits any right to a Candidate replacement or refund if the Probationary Period has expired, or if any invoice from the Agency remains unpaid or is overdue.

9. CONFIDENTIALITY

9.1 "Confidential Information" for the purposes of this Agreement includes, but is not limited to, information about Candidates, Hiring Requests, lists of the clients, financial information, price calculations, business processes, contracts, patents, technical knowledge, documentation, drawings, and any personal data collected or processed by the Parties.

9.2 The Parties shall not, at any time or in any manner, whether directly or indirectly, divulge, disclose, or communicate any confidential information without the other Party's prior written consent.

9.3 Notwithstanding the Clause 9.2, the Agency may disclose the Confidential Information to the Candidates for the purpose of providing Recruitment Services.

9.4 The obligations set forth in this confidentiality clause shall survive the termination of this Agreement for a period of two (2) years.

10. LIABILITY

10.1 Neither Party shall be held responsible for indirect damages, which may include but are not limited to lost profits, unforeseen losses, incidental damages, or any damages payable to third parties.

10.2 The Agency’s liability is limited to the reimbursement of the Client’s documented direct losses that occurred as a result of the Agency’s negligence in the provision of the Recruitment Services.

10.3 If the Agency is found to be liable for damages, their liability shall not exceed the amount of Fees paid by the Client in the preceding twelve (12) months.

11. FORCE MAJEURE

11.1 If a Party is unable to perform its obligations under this Agreement due to circumstances beyond its reasonable control (such as natural disasters, government restrictions, martial law, wars and armed conflicts, terrorist acts, pandemics and health crises or burglary), that Party shall not be held responsible for any resulting damages, delays, or failures. The affected Party must promptly notify the other Party in writing about these circumstances and their impact. If these uncontrollable circumstances prevent either Party from fulfilling its obligations for more than thirty (30) consecutive days, either Party shall have the right to terminate the Agreement.

12. NON-SOLICITATION

12.1 The Client acknowledges that the Agency has spent substantial time and expertise in identifying suitable Candidates. As such, the Client agrees not to bypass the Agency by engaging in direct interactions with any Candidate, including job offers, without the Agency’s written approval beforehand.

12.2 The Agency agrees not to offer other job opportunities to any Candidate who successfully entered into Engagement with the Client for a period of two (2) years following the start date of that Engagement. However, the Agency may contact the Candidate if the Engagement is terminated for any reason.

12.3 Both Parties agree that breaking any part of this Clause 12 causes immediate termination of the Agreement upon the notice of the non-breaching Party.

13. NON-EXCLUSIVITY

13.1 The Client has the right to contract with other agencies, companies, or individuals for services similar to or the same as those provided by the Agency under this Agreement. The Client is under no obligation to source candidates exclusively through the Agency.

13.2 The Agency has the right to offer its recruitment services to other clients, including those who might be competitors to the Client.

14. ENTIRE AGREEMENT

14.1 This Agreement and the attached Appendices constitute the entire agreement between the Parties and supersede all prior and contemporaneous agreements, understandings, and negotiations with respect to the subject matter hereof.

15. SEVERABILITY

15.1 If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

16. GOVERNING LAW AND JURISDICTION

16.1 This Agreement shall be governed by, and construed and enforced in accordance with, the laws of England and Wales exclusively. If any dispute arises concerning the matters hereunder, and if it cannot be resolved through negotiations, such dispute shall fall within the jurisdiction of the London Court of International Arbitration (LCIA) and shall be resolved under English law.

17. REPRESENTATION AND NOTICES

17.1 The Parties shall provide at least two (2) valid contact points for the purpose of communications related to this Agreement. Such contact points may include, but are not limited to, names, email addresses, or phone numbers.

17.2 All notices, requests, demands, and other communications under this Agreement shall be deemed duly served and given when delivered by email to the Parties at the respective email addresses specified in the Clause 17.1.

18. MISCELLANEOUS

18.1 The Parties agree that this Agreement herewith may be electronically signed, and that any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the Effective Date.

Appendix I to the recruitment services agreement #__________

HIRING REQUEST #1

1. CLIENT

1.1 Website: …

1.2 Company Description: …

2. PROJECT

2.1 Short Description: …

2.2 Responsibilities:

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2.3 Perspectives: …

2.4 Current Stage: …

2.5 Who’s responsible for the final technical decisions? …

2.6 Methodology: …

2.7 Team: …

2.8 Reporting and Tracking: …

2.9 Work Schedule and Timezone: …

3. REQUIREMENTS

3.1 Technical Skills:

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3.2 Soft Skills:

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3.3 Nice to Have:

3.4 Salary Expectations (Annual):

4. INTERVIEWING STAGES

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