Cognate Recruitment Services Agreement
1. Parties Involved
[Parties]
This agreement, dated [Insert Date], is entered into by and between the Recruitment Agency/Consultant and the Client/Company, both of whom are referred to in this agreement as "parties."
2. Recruitment Services
Description of Services:
The Recruitment Agency/Consultant agrees to provide recruitment services to the Client/Company, including sourcing, screening, and recommending suitable candidates for the specified job positions.
Job Positions and Descriptions:
Position 1: [Job Description and Qualifications]
Candidate Qualifications:
The Recruitment Agency/Consultant shall only put forward candidates who meet the agreed-upon qualifications and criteria as set forth by the Client/Company.
3. Pricing and Payment Terms
Pricing for Recruitment Services:
The agreed-upon fee for the recruitment services is 17%. This fee is based on a percentage of the annual salary of the placed candidate.
Payment Schedule:
Payments will be made as follows:
Retainer: 2% due upon commencement of the recruitment process.
Contingency: 15% due upon successful placement of a candidate.
Additional Fees or Expenses:
Any additional fees or expenses not covered in the initial agreement, such as advertising costs or candidate assessment tools, will be discussed and agreed upon by both parties prior to incurring such expenses.
4. Candidate Evaluation and Selection
Evaluation Process:
The Recruitment Agency/Consultant will undertake a rigorous screening and evaluation process, which includes reviewing resumes, conducting interviews, and, if necessary, implementing assessment tests to gauge the candidate's fit for the specified job role.
Client's Involvement:
The Client/Company will have the opportunity to:
Review shortlisted candidate profiles.
Participate in or observe interviews.
Provide feedback regarding candidate suitability.
5. Candidate Onboarding
Onboarding Assistance:
Upon the successful placement of a candidate, the Recruitment Agency/Consultant agrees to assist the Client/Company in the onboarding process. This may include, but is not limited to, the facilitation of orientation sessions, training schedules, and integration with the team.
Integration Process:
The Recruitment Agency/Consultant will provide guidance and best practices to ensure a smooth transition for the candidate into their new role. This support aims to enhance the candidate's early experience, ensuring they become effective contributors to the Client/Company in the shortest possible timeframe.
6. Client's Responsibilities
The Client/Company agrees to provide the Recruitment Agency/Consultant with all necessary information about the job vacancies, including detailed job descriptions, required qualifications, and other pertinent details.
The Client/Company will provide timely feedback on presented candidates, ensuring the recruitment process moves forward efficiently.
The Client/Company is responsible for final candidate decisions, including job offers, salaries, and other employment terms.
Any background checks, reference verifications, or other due diligence related to the hiring process will be the responsibility of the Client/Company unless otherwise agreed upon.
7. Recruitment Timeline
The estimated timeline for the recruitment process is 8 weeks from the date of the agreement.
Key milestones include:
Shortlisting of initial candidates: within 2 weeks
First round of interviews: within 4 weeks
Final interviews and evaluations: within 6 weeks
Job offer and acceptance: within 8 weeks
While the Recruitment Agency/Consultant will make every effort to adhere to this timeline, factors such as market conditions, candidate availability, and Client/Company feedback can influence the process's pace.
8. Guarantee and Replacement
The Recruitment Agency/Consultant offers a guarantee period of 30 days from the candidate's start date. Should the candidate resign or be terminated for reasons other than redundancy or company restructuring within this period, the agency commits to conducting a replacement search at no additional charge.
The replacement policy is valid for one replacement per placement. Should the replacement candidate also resign or be terminated within the guarantee period, further services will be subject to negotiation between the parties.
The guarantee does not apply in situations where the employment conditions, as initially agreed upon, have changed or if the candidate's termination is due to changes in company structure, strategy, or external factors beyond the control of the recruited candidate.
9. Confidentiality
Both the Recruitment Agency/Consultant and the Client/Company recognize that they may have access to confidential information during the course of this agreement. Confidential information may include, but is not limited to, company strategies, business plans, candidate data, and financial information.
Both parties commit to keeping all confidential information in strict confidence and will not disclose, reproduce, distribute, or transmit the same, directly or indirectly, to any third party without the prior written consent of the other party.
Confidential information does not include information that is publicly available, already known to the receiving party, or rightfully obtained from a third party not in breach of a confidentiality obligation.
This confidentiality clause remains in effect even after the termination of this agreement and until such confidential information enters the public domain.
10. Termination and Notice
Either party may terminate this agreement by providing 7 days written notice. Should the Client/Company terminate the agreement without cause, they will be liable for any fees or costs incurred up to the termination date.
If a placed candidate's engagement is terminated within the guarantee period, and it falls under the conditions outlined in the "Guarantee and Replacement" section, the Recruitment Agency/Consultant is obligated to fulfill the replacement clause as stated.
In the event of a breach of any terms and conditions of this agreement by either party, the non-breaching party has the right to terminate the agreement immediately upon written notice.
Upon termination of this agreement for any reason, the Client/Company is obliged to settle any outstanding payments or fees within 15 days of termination.
Moving on to Section 11, "Legal and Compliance."
11. Legal and Compliance
Both parties agree to comply with all applicable local, state, and federal laws and regulations relating to the recruitment and employment of individuals.
The Recruitment Agency/Consultant confirms that all candidates presented have the legal right to work in the specified country and that all necessary checks have been performed to validate this claim.
It is the responsibility of the Client/Company to ensure that they adhere to labor laws, including but not limited to equal opportunity employment, non-discrimination, and fair compensation.
The Recruitment Agency/Consultant will maintain appropriate insurance coverage, including professional liability insurance, to protect against claims or disputes arising from the services provided under this agreement.
12. Privacy and Consent
The Recruitment Agency/Consultant acknowledges the importance of protecting personal data and will process candidate information in accordance with applicable data protection laws and regulations.
Candidates' personal data will be shared with the Client/Company solely for the purposes of the recruitment process and will not be used for any unrelated purposes without the explicit consent of the candidate.
The Client/Company agrees to handle all candidate data received in a confidential manner and will not share this data outside of the hiring process.
Both parties confirm that any personal data processed during this agreement will be stored securely, and any breaches of data security will be reported to the affected individuals and relevant authorities within the required time frame.
13. Indemnification
The Client/Company agrees to indemnify and hold harmless the Recruitment Agency/Consultant from any claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from the negligence, act or omission of the Client/Company or any of its representatives, employees, or agents.
Similarly, the Recruitment Agency/Consultant agrees to indemnify and hold harmless the Client/Company against any claims, damages, or losses incurred as a result of the agency's negligence, act, or omission, or those of its representatives or employees.
The provisions of this indemnification section shall survive the termination of this agreement for whatever reason.
14. Legal Compliance and Governing Law
Both the Recruitment Agency/Consultant and the Client/Company pledge to act in compliance with all applicable laws, ordinances, and regulations.
This agreement shall be governed by and construed in accordance with the laws of England, without regard to its conflict of laws rules.
Any legal disputes arising out of or related to this agreement will be resolved in the courts of England, and both parties consent to the jurisdiction of these courts.
15. Signatures
By signing below, both parties acknowledge and agree to all terms and conditions outlined in this Recruitment Services Agreement.
Cognate Recruitment [Client/Company]
Signature:_________________________ Signature:_________________________
Date:_____________________________ Date:_____________________________