Standard Terms of Business – Bespoke Recruitment Services
1. Terms of Business
1.1 These Terms of Business constitute the entire agreement between Global Women At Work., further referred to herein as: “the Agency” and your organisation “the Client”, for the supply of the Candidate(s) to the Client and shall collectively be referred to herein as the “Contract”. The Contract takes precedence over any prior written or oral agreement made between the parties relating to the supply of the Candidate(s).
1.2 No variation to the Contract shall be valid or binding unless confirmed in writing and signed by an authorised representative of both parties.
1.3 For the purposes of these terms the word “engage” and “engagement” shall be deemed to include without limitation the acceptance of a Candidate’s services whether direct or indirect in any capacity whatsoever. These Terms of Business will apply whether or not the Candidate is engaged for the same type of work for which the introduction was originally effected.
1.4 For the purposes of these terms “Candidate” includes any person contained in a submission or shortlist made by the Agency to the Client even though the person may be presented independently to the Client.
2. Acceptance of Terms
2.1 These Terms of Business authorise the Agency to search, locate, identify, and refer suitably skilled Candidates for permanent, fixed term, temporary or self-employed basis, as applicable with individuals and organisations (“the Services”).
2.2 These Terms of Business are deemed to be accepted by the Client from the time of a request for information regarding a Candidate, or the interview of, or engagement of a Candidate introduced by the Agency.
2.3 The Client is deemed to have agreed to and accepted these Terms of Business upon the arrangement of an interview with the Client or by the Client with a third party of any person referred by the Agency.
2.4 The Client is deemed to have accepted these Terms of Business by signing the Terms of Business. If the Terms of Business are unsigned, yet the Client or any subsidiary engages a Candidate, the fees payable within these Terms of Business are payable by the Client to the Agency. These Terms of Business may only be altered via express written agreement between the Client and the Agency.
3.1 The Client shall notify the Agency immediately of any offer of an engagement that it makes to any Candidate introduced by the Agency and whether such an offer has been accepted. The Client also agrees to provide details of the Candidate’s annual commencing salary, as referred to in clause 7.2, to the Agency.
The Agency will keep confidential all information imparted to the Agency by the Client that relates to the business of the Client and which the Client declares is confidential. All information in respect of a Candidate is confidential information imparted to the Client for the sole purpose of enabling the Client to determine whether the Candidate is suitable for employment. The Client will keep such information confidential and will not use it for any other purpose.
5.1 The Client understands that it will receive information about Candidates from the Agency. The Client agrees that it will use that information only for appropriate and customary human resources administration purposes and in compliance with all applicable laws.
5.2 The Client also agrees that it will at all times have reasonable safeguards in place to protect the personal information from unauthorised access or use. In the event that the Client learns (or reasonably suspects) that the security of the personal information has been compromised, it shall promptly notify the Agency.
5.3 If the Client needs to disclose some personal information to a third party (such as another service provider), it shall execute a written confidentiality agreement with that party requiring the third party to maintain the confidentiality and security of the personal information.
6. General Conditions
6.1 Where a Candidate introduced by the Agency is not offered employment by the Client at the time or the Candidate rejects an offer of employment by the Client, but the Candidate is subsequently employed by the Client whether directly, indirectly or in an agency capacity, irrespective of whether the Candidate re-applied to the Client (through whatever medium) or was re-contracted by the Client or where the Candidate is employed by a third party as a result of an introduction by the Client, all within twelve (12) months of the date of the Agency ‘s introduction of a Candidate to the Client, the Client shall pay the introduction fee (emoluments) to the Agency calculated in accordance with clause 7.
6.2 This applies also where the Client introduces a Candidate, introduced to the Client by the Agency, to another person, firm, or corporation within twelve (12) months of the introduction of the Candidate to the Client which results in the engagement of the Candidate by the other person, firm or corporation. Clause 9 is not applicable in such cases.
6.3 Where the Candidate’s annual commencing salary is not known by the Agency, the Agency will estimate the minimum level of remuneration applicable for the position in which the Candidate has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions. The Client accepts that the fees due to the Agency under this clause are fair and reasonable.
6.4 The Client shall be responsible for taking up any reference (including the confirmation of any professional or academic qualifications) and for arranging all medical examinations and investigations of the Candidate and for obtaining any work or other permits.
6.5 Clients should familiarise themselves with all relevant legislation regarding employment of Candidates as the Agency cannot accept responsibility for any loss or expense incurred due to any such legislation or as a result of any infringements. The Client shall satisfy itself as to the suitability of any Candidate (including visa status and work permit) prior to employment.
7.1 The fee payable by the Client (Permanent Placement Fee) is a flat rate fee of QAR3,650.
7.2 An offer letter accepted by the Candidate signifies the Client will engage the Candidate and the Client will be liable for the fees stated in this clause. The Permanent Placement Fee is payable within thirty (30) days of the date of the invoice issued by the Agency. Failure to settle accounts within this period will give the Agency the right to withdraw the Candidate.
8.1 The Agency endeavours to provide details and references to the Client regarding a Candidate’s employment experience, qualifications, and salary requirements as accurately and objectively as possible. However, the details are based on the information made available to the Agency by Candidates and referees, and accordingly, no responsibility can be accepted for untrue statements or misrepresentations made by the Candidate, nor any errors, omissions, or incorrect conclusions.
8.2 The Agency will not be liable for any claim, loss damage or expense suffered by the Client resulting from the acts or omissions of a Candidate. Client assessments and background checks on Candidates can be arranged and will be specifically agreed with the Client in advance. Additional charges will be payable at cost. This clause will survive the termination of the agreement between the parties.
9. Refund of Fees
9.1 If the successful Candidate (i) does not commence employment after the Candidate has accepted an offer from the Client, (ii) resigns within the first twelve (12) weeks or (iii) the employment is terminated for any reason other than redundancy or restructuring within the first twelve (12) weeks, the Client must advice the Agency of the full details in writing, within seven (7) days of the event. The Agency will offer a refund of the Permanent Placement Fee reducing over a twelve (12) week period on the following basis:
• Weeks 0 -4 – 75%
• Weeks 5 – 8 – 50%
• Weeks 9 -12 – 25%
9.2 No refund will be made when the following conditions apply:
9.2.1 When the Candidate was previously engaged by the Client as a temporary or contract worker through the Agency.
9.2.2 Termination by the Client for reasons of redundancy or where the Client has engaged a Candidate with the prior or likely intention of dispensing with the Candidate’s services without proper cause or with a view to obtaining a refund unfairly.
10.1 These Terms of Business may be terminated by either party providing thirty (30) days written notice of termination to the other party.
10.2 Where the Client gives written notice of termination, the Agency will be entitled to payment of all fees pursuant to this agreement for services performed prior to termination.
10.3 The term of this Agreement is for one (1) year, unless thirty (30) days written notice is given by either party.
11. Temporary/Contract Assignments
11.1 In the event that the arrangements are made for a Candidate introduced by the Agency to work for the Client in a temporary or contract capacity, arrangements for fees must be separately agreed. However, where such a Candidate is subsequently employed by the Client in any capacity whatsoever, as per clause 6, the Client must immediately inform the Agency and pay the fee for the permanent placement under the terms set out in this document.