This Recruitment Agreement (Agreement) is made on the day of payment by the client (the Effective Date) by and between RECRUITING CLIENTS who are located at the address on their client account ("Client"), and Global Presence Enterprises LLC who is located at 8362 Pines Blvd #116, Pembroke Pines, Florida, 33024 (Recruiter).
- INFORMATION REQUESTED
The Recruiter will provide the Client with Presented Candidates upon receipt of the following information for each request it makes of the Recruiter to perform its services (hereinafter referred to as the Client's Requirements). The information the Company prefers is
Staff work description, hours needed, bonus structure, and other legal or professional requirements.
The Recruiter will use its resources, domain knowledge, experience, skill, and best efforts to recruit, identify, screen, test, and check candidates for each Client Request by standard pre-employment practices for identifying qualified candidates for a position. Any special screening requirements such as drug testing, criminal background checks, credit checks, specialized testing, and industry-specific checks are made at the client's request.
Considering the performance of the services, for each candidate the Recruiter successfully recruits to work with the Client (the Presented Candidate), the Client shall pay the Recruiter a Percentage of the candidate's first-year cash compensation (15%-25%) or a Monthly Flat Fee. Such payments will be made within three days of the commencement of the Presented Candidate's employment at Client.
Recruiter shall not be entitled to any additional compensation in connection with the provision of services on behalf of Client or in connection with Client's use and/or exploitation of the results and proceeds of such services, and the rights granted to Client under this Agreement.
The parties hereby further agree that no compensation shall be paid in connection with the provision of services on behalf of Client unless a Presented Candidate has been presented to Client by Recruiter in writing and an authorized Client hiring manager has acknowledged in writing via email his or her interest in the presented candidate. Suppose two or more Recruiting Parties submit the same candidate. In that case, Client shall only pay the first Recruiter who receives such written acknowledgment of Client's desire to pursue such a candidate, as determined by the date stamp of the acknowledgment.
"Confidential Information" means (i) any information regarding Client's current employees, staffing needs, or employment policies, (ii) any information concerning the existing or future products of Client; (iii) the terms of this Agreement, (iv) any software, documentation, materials or information provided to Recruiter by Client to assist Recruiter in performing the services; and (v) any additional designated in writing as "confidential" by Client. Confidential Information will not include, however, any information described above to the extent any of the following may be included therein: (1) information that becomes known to the general public without breach of the nondisclosure obligations of this Agreement; (2) information that is obtained from a third party or independently developed without breach of a nondisclosure obligation and without restriction on disclosure; and (3) information that is required to be disclosed in connection with any suit, action or other dispute related to this Agreement.
Recruiter agrees to hold in confidence and not to use, except as expressly authorized in this Agreement, all Confidential Information and to use reasonable care to prevent the unauthorized disclosure or use of the other party's Confidential Information, both during and after the term of this Agreement.
- TERM AND TERMINATION
The term of this agreement commences upon the execution of this agreement. It expires upon the earlier of 30 days or its termination as described herein in the written invoice.
Either party may terminate this Agreement upon 30 days prior written notice to the other party at any time, thereafter, the Client's only remaining obligation hereunder shall be to pay Recruiter compensation and/or reimbursement expenses, as applicable, then due and accrued but not yet paid from performed services.
- EQUAL OPPORTUNITY EMPLOYER POLICY
Both the Client and Recruiter are Equal Opportunity Employers. Each party endeavors to recruit, hire and engage employees, independent contractors, and applicants for employment without regard to race, color, religion, age, sex, marital status, sexual preference, national origin, physical or mental disability, or veteran status.
Each party agrees to indemnify and hold the other harmless concerning any losses, damages, or expenses (including reasonable attorney's fees) that either party shall sustain as a result of the other's negligent acts, errors or omissions in carrying out the responsibilities in this Agreement. The indemnified Party shall provide the indemnifying Party with prompt written notice of any such indemnification claim. The indemnifying Party shall have sole control and authority concerning the defense and settlement of any such claim. The indemnified Party shall cooperate fully with the indemnifying Party, at the indemnifying Party's sole cost and expenses, in defense of any such claim. The indemnifying Party shall not agree to settle any such claim that does not include a complete release of the indemnified Party from all liability with respect thereto or that imposes any liability, obligation or restriction on the indemnified Party without the prior written consent of the indemnified Party. The indemnified Party may participate in the defense of any claim through its counsel and at its own expense.
- GENERAL TERMS
The recruiter is an independent contractor. Nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners, or joint venturers. The recruiter will be responsible for all tax withholdings.
a. Dispute Resolution.
Any controversy or dispute between the parties shall be resolved by arbitration under the Federal Arbitration Act and before the American Arbitration Association (AAA) by AAA's then-governing Commercial Arbitration Rules. The arbitration proceeding shall be held at a location mutually agreed to by the parties in writing. The administrative cost of the arbitration and the arbitrator's fee shall be shared equally by the parties. The arbitrator, in such an instance, shall have no authority to modify the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. Both parties are responsible for their attorney's fees and costs incurred with such arbitration.
During the term of this agreement and for one year after termination, Recruiter/Client shall not contact, nor shall Recruiter/Client cause to be contacted for purposes of recruiting, any current or prospective employee of Recruiter/Client.
c. Governing Law.
This Agreement will be governed by and interpreted under the laws of the State of Florida without giving effect to applicable conflicts of law principles.
The provisions of the Presentation, Confidentiality, and General Terms sections shall survive the expiration or termination of this Agreement.
Recruiter hereby irrevocably assigns information generated during this Agreement to Client. Such information includes, without limitation, resumes, contact information, call/prospecting histories, or other written or recorded communications with prospective employees of the Client. If such information cannot be assigned, Recruiter grants Client a fully-paid, transferable, assignable, worldwide, exclusive, perpetual license to such information.
This Agreement shall be signed by Jack Hakimian, CEO, on behalf of Global Presence Enterprises, LLC, and by CLIENT PAYMENT DEMONSTRATES AGREEMENT, Business Representative, on behalf of RECRUITED CLIENTS.
The undersigned agrees to the foregoing as of the date first written above.
Global Presence Enterprises, LLC:
Jack Hakimian, CEO
CLIENT'S NAME ON INVOICE, PROPOSAL OR CONTRACT DEMONSTRATES AGREEMENT, Business Representative