TERMS AND CONDITIONS FOR A RECRUITING SERVICE PROVIDER
This Agreement shall be effective from the date of signing and will be valid till the termination of the same. During the term of this Agreement, either party can terminate it by providing a written notice of at least Thirty (30) days provided that the Notice of Termination shall be issued by an Authorized Person from either party and not by any person holding any lower designation than who signs the Agreement.
“Service Provider” will engage the required numbers of trained, skilled and experienced technicians / personnel to diligently perform the services as mentioned under this agreement for “Client”. Profile search & selection by the Service Provider can be by any of the methods like advertising or executive search or any other appropriate methods as such. The Service Provider shall have the liberty to advertise the vacancy on various online platforms including, but not limited to, job sites, social media like Whatsapp, Facebook, LinkedIn, etc. Such online advertising might include the details of the Client like name, address, etc.
“Client” shall pay to “Service Provider” upon the selection of the candidate recommended by the “Service Provider” for its services in the manner defined herein below:
Free-Look Period: In case the Candidate is approved by the Client, the Client shall get a Free Look Period of 3 calendar days for assessing & reviewing the Candidate’s actual capabilities & to verify that the same shall suffice their requirements. In case the Client decides to allow the Candidate to work for him beyond the Free Look Period, it shall be assumed that the said Candidate has been successfully & satisfactorily hired by the Client.
Long Term Recurring Package: In this package, every month, the Client shall pay a fee equal to 15% of the total monthly gross CTC of each Selected Candidate to the Service Provider. In case the Selected Candidate resigns from Client anytime during the currency of the contract, the Service Provider shall provide replacement for such Candidate within next 15 calendar days. In case the Client decides to fire the Candidate post the Free-Look Period referred hereinunder, for any reason the Service Provider shall not provide replacement for such Candidate.
Short Term One-Time Package: In this package, the Client shall pay a fee equal to 1 month’s gross CTC of the Selected Candidate to the Service Provider. In case the Selected Candidate resigns from Client before completing Ninety (90) Days from his/her date of joining, the Service Provider shall provide maximum 3 replacements for such Candidate. The 90-day period for the Replaced Candidate shall be counted from the date of joining of the Original Candidate & not from the date of joining of the new Candidate (Replaced Candidate). If for any reason, the Selected Candidate resigns post Ninety (90) Days, the Service Provider shall not provide any replacement for such Candidate.
Payment: Invoice would be raised on the day of the Candidate joining duty after the Free Look Period and the same shall be payable within Three (03) calendar days to the Service Provider by the Client. The payment shall be subject to deduction of applicable TDS only & no other deductions / retentions. All amounts mentioned hereinabove & billed by the Service Provider shall be exclusive of all taxes like GST and / or any other taxes & levies. All amounts paid by the Client to the Service Provider shall only be through NEFT / RTGS / CHEQUE in favour of “ROOTS CONSULTANTS INC”. In case of any delay in payment, the Client shall be liable to pay interest @ 24% PA compounded monthly to the Service Provider.
All charges & amounts payable by the client as mentioned above shall be exclusive of any GST & / or any other taxes that may be applicable from time to time. The same (GST & / or any other taxes) shall be payable by the client extra, over & above the actual fees payable to Roots.
Obligations of Service Provider:
- Service Provider shall receive and record the requirements of the Client and ensure its accuracy to the best of their ability.
- Service Provider shall identify & provide best matching & suitable potential Candidates as per the specifications & Job Description (JD) provided by the Client.
- Service Provider shall not be liable for any inadequacies and inaccuracies for the information provided by the Client.
- Service Provider shall not be liable for any inadequacies and inaccuracies for the information provided by the Potential Candidate.
- The Service Provider shall not be liable for any kind of theft / leak of data, information or any other gadgets / material / valuables of the Client that the Candidate might have access to before or after joining the job.
- The Service Provider has the right to instruct the Candidate to cease working for that Client until the Service Provider fees have been paid and the Candidate will do so with immediate effect.
Obligations of Client:
- Client shall provide comprehensive description of the requirements, specifications & Job Description (JD) expected from a Potential Candidate for its job profile which includes Qualification, Experience, CTC etc, for enabling the Service Provider to effectively perform its obligations under this Agreement.
- If Client is already in possession of Resume of a Candidate and if Service Provider forwards the same candidate to the Client, then the Client shall intimate the Service Provider within One (01) calendar day of receiving such a Resume. In case no such intimation is received from the Client, it shall be assumed that the said Candidate has been provided by the Service Provider & the Client shall become liable to pay the agreed fees & charges to the Service Provider in case the Client hires the Candidate.
- Within a period of 12-months post unsuccessful interview, the Client or their employees, acquaintances, family members, friends or others associated with the Client, shall not directly contact the Candidate who has been introduced to through the Service Provider. In the event the Client or their employees, acquaintances, family members, friends or others associated with the Client, decide to hire the Candidate or give him / her any free-lance work of any type, the Client agrees to reimburse the Service Provider with a Facilitation Fee which shall be equal to minimum 50% of the total monies paid to the Candidate.
- Client shall exercise abundant care and caution while dealing with the Resume provided by Service Provider so that the same may not misused. The Client is not allowed to forward / share the Candidate’s details / Resume with any other company / firm or their employees, acquaintances, family members, friends or any other person.
- Client shall provide the copy of the Appointment Letter to Service Provider within Three (03) days of appointing a Potential Candidate, if the Candidate is provided by Service Provider.
- If a Candidate is appointed by Client for a position other than that position for which the Candidate is nominated by the Service Provider then the terms of this Agreement shall be deemed to be applicable to the post to which the Candidate is appointed.
- The Client shall be required to get a Non-Disclosure Agreement signed by the Candidate in case he / she is hired by the client. The Service Provider shall not be liable for any kind of theft / leak of data, information or any other gadgets / material / valuables of the Client that the Candidate might have access to before joining the job, during the currency of the job or even after resigning from the job.
- The Client shall be solely responsible for doing the required background check including Police verification & verification of all the documents submitted by the Candidate. The Service Provider shall not be responsible in case of any discrepancies that may arise during the background check, Police verification & verification of all the documents submitted by the Candidate.
Other Terms & Conditions: We follow zero tolerance on complaints relating to Sexual Harassment, Racism, Classism, Heterosexism, etc. In case of any complaint, by the Candidate against the Client or by the Client against the Candidate, the same shall be dealt with extremely strictly & might be handed over to the concerned law enforcement agencies.
Disputes, Arbitration & Jurisdiction: Any & all disputes and or differences arising out of, or relating to this contract including interpretation of its terms will be resolved through joint discussion of the Authorized Representatives of the concerned parties. However, if the disputes are not resolved by discussions, then the matter will be referred for arbitration of a person mutually appointed by the parties in accordance with the Arbitration & Conciliation Act, 1996. The decision of the arbitrator shall be final and binding on the parties. The judicial proceeding shall be in English Language. The arbitration shall be at Mumbai only.