Exec Assignments Ltd
AGREEMENT FOR RETAINED SEARCH AND SELECTION SERVICES
Terms and Conditions
“Exec Assignments Ltd” shall be shortened to EA in this document
“Client” means the person, firm or corporate body using the services of EA
“Shortlist” refers to the list of potential candidates provided to the Client, which EA believe to best fit the role based on an agreed job description
EA agrees to use its best efforts to identify, pre-screen and provide candidates to fill positions as requested by the Client. The Client agrees to abide by the terms and conditions of this Agreement.
OFF LIMITS POLICY
EA will not approach any employee from off limits organisations with the objective of inducing them to leave their employment.
An off limits Client is defined as the entire business unit within the organisation which we have conducted retained assignments.
A defined Client organisation is off limits for search purposes for 6 months from the date of the last completed retained assignment.
All introductions made by EA are confidential and clients are required to respect this confidentiality. EA will make every effort to respect and preserve the confidentiality of privileged information it receives concerning its clients’ employees, businesses and plans.
Should the Client fail to appoint from either the submitted shortlist or secondary shortlist, provided that this does not result from a material change in the brief given by the Client and provided that our search fees in respect of the assignment have been settled in accordance with our terms of payment, we undertake to continue an assignment to a successful conclusion.
Where the employee leaves or is terminated for any reason whatsoever within one hundred eighty (180) days of their employment, EA will replace the individual for no additional fee.
This guarantee will be valid as long as the job description and pay plan remain the same and the employee continues to report to the same manager and division of the company. It will not be valid where the employee is terminated as a result of redundancy or reorganisation.
The placement fee shall be equal to thirty percent (30%) of the candidate’s estimated (total) gross annual remuneration.
The fee installments are billed as follows:
- An advance non-refundable retainer of one-third (1/3) of the search fee, due on acceptance of the assignment, on receipt of which work on the assignment will commence.
- The balance of the search fee (2/3) will become due and payable upon the candidate’s written acceptance of the job offer.
In addition to these fees, all out of pocket expenses incurred by candidates attending interviews and any agreed advertising costs will be payable by the Client, together with EA expenses, billed at cost.
CALCULATION OF REMUNERATION PACKAGE
The remuneration package is deemed to include guaranteed bonuses and other identifiable financial benefits.
However mortgage subsidies, pension benefits, private health and bona fide relocation expenses are not included.
Guarantees detailed earlier in this Agreement, together with the protection afforded by our off-limits policy for search assignments, shall only apply if fees in respect of retained assignments have been settled within 21 days of the invoice date.
In the event of a Client cancelling a retained assignment, the cancellation should be made in writing. If, at the time of receipt of such a cancellation, more than thirty days have elapsed since the commencement of the assignment or a shortlist of candidates has been presented, the second stage fee will also be payable. If final interviews have taken place and/or the successful candidate has been chosen, then the final stage fee will be payable in the event of a cancellation.
Where a candidate has been unsuccessfully interviewed under the terms of this Agreement and is referred by the Client to another subsidiary, affiliate, company or competitive agency within 6 months from the original referral, a placement fee equal to thirty percent (30%) of the estimated total first year compensation of the candidate is due to EA by the Client.
The Client agrees not to solicit the employment of any person who is employed by EA in any capacity unless that person is specifically and directly referred to the Client by EA. Should a Client contravene this Agreement, the Client will be liable for any recruitment fee incurred by EA in replacing the individual.
Whilst every effort is made by EA, through interviewing and on and off the record reference checking, to provide a reliable and professional service, no warranty or representation expressed or implied is given in respect of any candidate introduced or supplied. It is the responsibility of the Client to satisfy himself or herself as to the candidate’s suitability, arrange medical examinations and to obtain any necessary work permits or other permits prior to the engagement of the candidate. EA shall not be liable for any loss, damage, cost or expense howsoever caused which the Client may suffer or for which the Client may become liable arising out of or in connection with any candidates supplied or introduced to or engaged by the Client or arising out of or in connection with any other services provided to the Client by EA.
The Agreement shall begin when the attached addendum that shall be emailed to the client is signed and shall continue from assignment to assignment unless terminated by either party in writing.