DIRECT HIRE TERMS AND CONDITIONS
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1) ASAP Services LLC, with its principal office located at 2645 Executive Park Dr., Weston, FL 33331 (hereinafter “ASAP”), and the company, organization or legal entity accepting this terms and conditions (hereinafter “THE CLIENT”) agree to the terms and conditions set forth in this Direct Hire Agreement (the “Agreement”).
Fees and Expenses
2) THE CLIENT agrees to pay a placement fee to ASAP. Such fee is not subject to reduction even if the candidate’s employment terminates. THE CLIENT will be obligated to pay such fee whenever
- A candidate referred to THE CLIENT by ASAP is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by THE CLIENT, its affiliates, parents, or subsidiaries, or
- A candidate referred to THE CLIENT by ASAP is referred by THE CLIENT to another employer, company or firm and the candidate is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by such employer or through such company.
5) For the purpose of paragraphs 3 and 4 above, the word “referred” means any manner or means of communication of a candidate’s identity.
6) In addition to any fees, THE CLIENT agrees to pay all reasonable pre-approved expenses in writing incurred by ASAP related to the performance of its services under this agreement.
7) If ASAP refers a candidate to THE CLIENT with whom THE CLIENT has already interviewed or scheduled an interview within the last three (3) months, THE CLIENT will not owe ASAP a fee in the event THE CLIENT hires the candidate. THE CLIENT shall provide ASAP with documentation at ASAP’S request sufficient to establish that the interview has been held or scheduled.
8) THE CLIENT agrees to pay all placement fees and related expenses within the agreed period. Interest of 1% per month will be charged on unpaid fees more than 15 days past due. THE CLIENT agrees to reimburse ASAP for all reasonable costs of collection, including attorney fees.
Confidentiality of Referrals
9) All candidate referrals made by ASAP are made on a confidential basis and THE CLIENT shall hold ASAP harmless from any liability resulting from THE CLIENT unauthorized disclosure or misuse of information regarding any candidates or their candidacy.
10) In the event the candidate resigns his or her position within the agreed guarantee coverage period and provided that all fees and expenses relating to such referral have been paid in full and on time, ASAP will attempt to refer a replacement candidate for the same position, based on the original job description, at no additional charge to THE CLIENT. ASAP’s obligation under this agreement is limited to attempting to find a replacement candidate. No refund will be made if THE CLIENT hires a replacement from any source other than ASAP, or if THE CLIENT is no longer actively seeking to fill the position.
11) This provision shall not apply if the candidate is laid off for lack of work, or resigns because THE CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position.
Recoupment of Fees From Candidates
12) THE CLIENT agrees not to require any candidate to reimburse THE CLIENT for any fee or expense paid to ASAP.
13) ASAP will conduct background checks on candidates as requested by THE CLIENT Requests must be in writing and must specify the scope of the background check requested. Background checks will be conducted at ASAP’s expense. Drug screening will be conducted at THE CLIENT expense.
Confidentiality of Client Information
14) ASAP agrees to maintain the confidentiality of any nonpublic proprietary client information that it may obtain in the course of performing services under this agreement and shall hold THE CLIENT harmless from any claim, loss, or liability resulting from ASAP’s unauthorized disclosure of such information.
16) The services provided by ASAP under agreement are provided as an independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint ventures, or employer and employee, between ASAP and THE CLIENT.
17) ASAP does not guarantee the performance of any candidate or the accuracy of information provided regarding a candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. ASAP urges THE CLIENT to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant.