RECRUITMENT SERVICES AGREEMENT
MSP STAFFING LLC
1.1 Employment means work performed by a Candidate for a Client, and regardless, if the work is undertaken by the Candidate in his/her personal capacity, or in a representative capacity. This includes work carried out as a Consultant or as an Independent Contractor. This is furthermore, without detracting from the above, regardless of whether it has been undertaken, on behalf of a company, or a partnership, or an association, or a corporation
1.2 Introduction means the solicited or unsolicited introduction of a Candidate to a Client, by MSP Staffing, by means of inter alia:
1.2.1 Forwarding a Candidate’s resume to the Client
1.2.2 Arranging an interview between the Client and the shortlisted incumbent candidate
1.2.3 Receipt by the Client of a resume of the Candidate, delivered by MSP Staffing, by ordinary mail, or by registered mail, or by e-mail, or by hand delivery or by any other means
1.3 Client means an employer
1.4 Candidate means a possible upcoming employee prospect, as defined, as the persons to whom MSP Staffing Clients may be introduced, with a view to entering, into Contracts of Employment
1.5 Base Annual Salary means the finally negotiated, and agreed to, Basic Remuneration Package, to be paid to the Candidate by the Client, during the candidate’s first 12 months of tenure
1.6 MSP Staffing means MSP Staffing LLC hereinafter known as MSP Staffing and branded as MSP Personnel
2. VALIDITY OF THIS SERVICE LEVEL AGREEMENT
In the event of the Client failing to sign these terms and conditions, then the interviewing or appointing (whether permanent, or temporary in nature, or of limited-duration) of a Candidate, within a period of 12 (twelve) months from date of introduction, or subsequent re-introductions, will be deemed to be acceptance by the Client, of these terms and conditions and, shall accordingly be bound thereto.
3. MSP STAFFING PLACEMENT FEE CONSIDERATION
3.1 Should candidates of MSP Staffing, be employed by the Client, within 12 ( twelve ) months of the last date of introduction, or referral, to the Client, by MSP Staffing, regardless as to whether the employment of the candidate arose directly or indirectly, from such introduction or referral, of the candidate, the Client shall then be liable for a placement fee, in accordance with the normal terms and conditions, as set out in this agreement
3.2 If the Candidate is appointed, the Client shall pay to MSP Staffing, a Placement Fee, calculated as a percentage of the Candidates Base Annual Salary, as follows: PLACEMENT FEE 20%
3.3 This Service Level Agreement, is not Position-Specific: That is, the fee applies to Candidates referred by MSP Staffing, and whom are employed by the Client, whether for a specified vacancy portfolio, or any alternate position portfolio designation
3.4 If the Client does not specify, whether the employment contract is of a permanent, or fixed term duration, or temporary employment services nature, then the assumption will be made, that the appointment of the candidate, is permanent
3.5 On or before 21 days from the Candidate’s start date, the client shall have paid to MSP Staffing, the Placement Fee, as stipulated above, in Clause 3.2.
4. CONDITIONS REQUIRED FOR THE GUARANTEE PERIOD COVER TO APPLY
The Guarantee Period Cover will only prevail and apply, under the following conditions:
4.1 The Client must have paid the placement fee, as agreed, and as stipulated in Clause 3.5, to MSP Staffing
4.2 Within seven (7) days of termination date, or resignation of employee, MSP Staffing is to have received written notice thereof
4.3 Of his / her own accord, the Candidate gives notice, or leaves the employment of the Client, within the 90 days guarantee period timeframe, from commencement of employment, but not for any of the following reasons:
4.3.1 Dismissal by Client that is materially Unfair
4.3.2 Dismissal by Client for Skills capacity shortfalls
4.3.3 Dismissal by Client due to Alteration of KPIs which are subsequently not met (Key Performance Indicators)
4.3. 4 Dismissal by Client due to Restructuring, or Retrenchment
4.4 If MSP Staffing is not able to find an alternative replacement candidate, in the ensuing 45 days, subsequent to the departure of the original candidate, a Credit Note will be issued to the Client, based on the following days having elapsed, within the guarantee period, from date of commencement:
4.5.1 1-30 days 65% of placement fee
4.5.2 31-60 days 45% of placement fee
4.5.3 61-90 days 25% of placement fee
4.6 The Guarantee Period Cover is valid for 3 months (90 days). Contracts of Employment that flounder thereafter, for whatever reason, will not be covered or protected by MSP Staffing
5. AGREEMENT BREACH
You agree that should you breach this agreement and fail to remedy such breach within one calendar month of written notification requiring the breach to be remedied, then MSP Staffing will claim payment of liquidated damages. The Client will be liable for attorney and client legal fees incurred, including Interest will also be charged from 120 days of failure to pay, calculated on the basis, of 2.0% per month.
The Client indemnifies MSP Staffing against loss, damages or costs suffered or incurred by the Client as a consequence of the introduction and subsequent employment or utilisation of the services, in any form, of a Candidate.
Rigorous and robust processes are deployed by MSP Staffing to background check candidates, and MSP Staffing shall not be liable for any conduct or actions of the Candidate, or for financial loss caused by the actions or omissions of the Candidate.
Furthermore, MSP Staffing shall not be responsible for any errors or omissions concerning information furnished in respect of the Candidate.
7. REQUIREMENT FOR STRINGENT CONFIDENTIALITY MEASURES
All information concerning the Candidate must be treated in the strictest of confidence by the Client, and the Client, having been provided with information, solely for purposes of investigating the pursuit of a potential employment agreement, and / or procuring the services of the candidate, in whatever form, may not be contacting the candidate’s current or previous employers, without having received the written consent, beforehand, from MSP Staffing.
The Client indemnifies MSP Staffing against loss, damages or costs suffered or incurred by MSP Staffing, as a consequence of the Client breaching this confidentiality clause.
8. GENERAL TERMS AND CONDITIONS
8.1 These terms and conditions comprise the whole agreement between The Client and MSP Staffing, with regards content, and supersedes all prior oral and / or written agreements and understandings relating thereto.
No waiver, alteration, modification, or cancellation of any of the provisions of these terms and conditions, shall be binding, unless made in writing and signed by each of the parties hereto.
MSP Staffing’s failure at any time, or times, to require the entire and complete performance of any provision hereof, shall in no manner affect its right at a later stage, to enforce such provision.
These terms and conditions shall be binding upon, and be of use for the benefit of, MSP Staffing, and its legal representatives, assigns, executors, trustees, curators, legatees, heirs and other successors in title.
If any of the provisions of these terms and conditions are determined to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, such provisions shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect, provided however, that with respect to any material provision so severed, the parties shall negotiate in good faith, to achieve the original intent of such provision.
8.2 MSP Staffing employees, do not have the authority to verbally modify this agreement and / or the terms herein, or to assume additional responsibilities, other than those set out in this agreement. This is the exclusive domain of the Directors.
8.3 MSP Staffing is not liable for any loss or expense, due to the introduction of a Candidate to a Client, for whatever reason.
8.4 MSP Staffing will or may introduce a suitable candidate to the Client, pursuant to a direct request by the Client, or at MSP Staffing’s sole initiative
8.5 This agreement supersedes any prior agreements or understandings.
8.6 The Client must provide full information to MSP Staffing, as to the nature of the work concerned, the qualifications and experience required of the Candidate, and the potential remuneration package to be considered per the Client’s budget.
8.7 The Client undertakes to advise MSP Staffing, as soon as is reasonably practicable, that a prospective candidate is to be appointed or not, and once appointed, the intended duration of the appointment and the Base Annual Salary attached to the appointment. If the appointment is only temporary or contractual, rather than of a permanent nature, the Client shall indicate the period of such appointment.