Job Hiring Agreement
Job Hiring Agreement
This Agreement is made and entered into on [Month Day, Year], by and between [Your Company Name], a company organized and existing under the laws of [State], with its principal office located at [Your Company Address] (hereinafter referred to as "Agency"), and [Your Partner Company Name], a company organized and existing under the laws of [State], with its principal office located at [Your Partner Company Address] (hereinafter referred to as "Client"). Both the Agency and the Client shall be collectively referred to as the "Parties."
WHEREAS, the Agency specializes in providing recruitment and job placement services to various companies seeking qualified personnel.
WHEREAS, the Client desires to engage the services of the Agency to recruit and hire employees for specific positions at the Client’s company.
WHEREAS, the Agency agrees to provide such recruitment services according to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the Parties agree as follows:
I. Scope of Services
The Agency shall provide the following recruitment services to the Client:
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Job Posting: Posting job advertisements on appropriate job boards, platforms, and recruitment channels.
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Candidate Screening: Screening and evaluating potential candidates based on the Client's requirements.
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Interview Coordination: Scheduling and coordinating interviews between shortlisted candidates and the Client.
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Reference Checks: Conducting reference checks to verify the candidate’s qualifications and experience.
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Offer Negotiation: Assisting in negotiations regarding salary, benefits, and employment terms between the Client and the candidate.
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Candidate Onboarding: Supporting the onboarding process, if required, to ensure the candidate is seamlessly integrated into the Client’s team.
II. Client Responsibilities
The Client agrees to:
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Provide Job Descriptions: Supply clear, detailed job descriptions for the positions to be filled.
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Timely Feedback: Provide timely feedback to the Agency on candidate submissions and interview results.
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Accurate Information: Furnish any necessary information about the company, employment terms, and work conditions to attract and retain qualified candidates.
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Collaborative Engagement: Work in collaboration with the Agency during the recruitment process to ensure efficient and effective hiring.
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Hiring Decisions: Be solely responsible for the final hiring decision of any candidate presented by the Agency.
III. Recruitment Fee and Payment Terms
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Fee Structure: The Agency will be entitled to a recruitment fee equivalent to fifteen percent (15%) of the first-year gross salary of each candidate hired by the Client through the Agency’s efforts.
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Payment Terms: The Client shall pay the recruitment fee within thirty (30) days from the candidate’s start date. If the Client fails to make payment within the specified period, the Agency reserves the right to charge a five percent (5%) interest per month on overdue amounts.
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Refund and Replacement Policy: If the hired candidate leaves or is terminated within ninety (90) days of their start date, the Agency will provide a replacement candidate at no additional cost to the Client. In the event that a suitable replacement cannot be found within sixty (60) days, the Agency will refund fifty (50%) of the recruitment fee paid for the original hire.
IV. Confidentiality
Both Parties acknowledge that during the course of this Agreement, they may gain access to certain confidential information belonging to the other Party. The Parties agree:
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Non-Disclosure: Not to disclose any confidential information obtained during the recruitment process to third parties without written consent from the other Party.
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Limited Use: Confidential information shall only be used for the purpose of fulfilling the obligations under this Agreement.
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Survival: This obligation of confidentiality will survive for two (2) years following the termination of this Agreement.
V. Term and Termination
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Term: This Agreement shall commence on [Month Day, Year], and shall remain in effect until the Client has hired the required number of candidates or until terminated as provided below.
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Termination for Convenience: Either Party may terminate this Agreement for any reason by providing the other Party with thirty (30) days’ written notice.
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Termination for Cause: Either Party may terminate this Agreement immediately if the other Party is in material breach of any provision of this Agreement, and such breach is not cured within ten (10) days of receipt of written notice.
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Effect of Termination: Upon termination, the Client shall pay any outstanding fees due to the Agency for services rendered up to the effective date of termination.
VI. Limitation of Liability
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The Agency shall not be held liable for any damages or losses incurred by the Client as a result of a candidate’s performance or conduct once hired.
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The Client acknowledges that the final hiring decision rests solely with the Client, and the Agency’s liability is limited to providing recruitment services as outlined in this Agreement.
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In no event shall the Agency’s total liability exceed the total recruitment fee paid by the Client under this Agreement.
VII. Governing Law and Dispute Resolution
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Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of law principles.
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Dispute Resolution: In the event of any dispute or controversy arising out of or relating to this Agreement, the Parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation, the Parties agree to submit to binding arbitration in accordance with the rules of the Arbitration before pursuing any legal action.
VIII. Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings, whether written or oral. Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.
IX. Miscellaneous
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Independent Contractor Status: The Agency is an independent contractor, and nothing in this Agreement shall be construed to create an employment relationship, joint venture, or partnership between the Agency and the Client.
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Assignment: Neither Party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party.
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Notices: Any notices or communications required or permitted under this Agreement shall be in writing and shall be delivered by hand, mail, or email to the respective Party at the address provided.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
[Your Company Name] Signature:
[Your Name]
[Job Title]
[Month Day, Year]
[Your Partner Company Name] Signature:
[Name]
[Job Title]
[Month Day, Year]