Terms of Business
General terms and conditions of KDR Talent LLC (KDR) in relation to permanent Talent Solutions services to <XXXXX >. (The Client).
Definitions
1. The Client means the person; firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced.
2. Applicant means the person introduced by KDR to the Client for an Engagement including any officer or employee of the Applicant if the Applicant is a company and members of the Agency’s own staff.
3. Introduction means (i) The Client’s interview of an Applicant in person or by telephone, following The Client’s instruction to KDR to search for an Applicant; or (ii) the passing to the Client of a resume or information which identifies the Applicant; and which leads to an Engagement of that Applicant.
4. Engagement means the engagement, employment or use of the Applicant by the Client or any third party or a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee.
Terms
1. The placement fee is XX% of gross annual starting salary of any Engagement, excluding any bonuses and benefits in kind, and is payable within 21 days of the Applicant start date (payment due date). If any amount properly due is not paid within 7 days of the payment due date, KDR shall be entitled to claim interest on the overdue amount at 4 per cent per annum above the Federal Reserve base rate calculated on a daily basis from the due date until the date that the payment is made.
90 day post-hire care
Termination of employment of any Applicant within 90 days of employment starting for any reason other than redundancy will result in KDR providing a refund on the following sliding scale:
100% refund if an Engagement ends within the first 30 days
50% refund if an Engagement ends within days 31 – 60
25% refund if an Engagement ends within days 61 – 90
This refund provision applies only where the placement fee has been paid in accordance with the agreed payment terms.
2. No refund will be allowed unless The Client notifies us in writing within one (1) week of the termination of Engagement.
3. Introductions are made confidentially to The Client and the full fee will be charged for any engagement made as a consequence of, or resulting from, application to us, whether directly or indirectly within twelve (12) months of the original introduction.
4. All applicants introduced to prospective employers by KDR have been carefully selected for the position to be filled.
5. Any engagement in employment of an applicant introduced by us will be deemed acceptance of these Terms.
6. Time lost through absence due to sickness will be considered to have been worked for the purpose of calculating any refund.
7. KDR and all its partners, employees and/or agents shall maintain the confidentiality of information disclosed to or learned by them concerning The Client and its business, other than information that is or becomes publicly known not due to your actions. KDR represents and warrants that neither they nor any of our partners, employees or agents is under any pre-existing obligation in conflict or in any way inconsistent with the provisions of the agreement.
8. KDR warrants that all its partners, employees and/or agents will not solicit, entice away or otherwise offer employment to any employee of The Client, whether on its own behalf or on behalf of its clients/customers for a period of one year from the date of signature of this agreement. This warranty shall not apply if an employee of The Client applies directly to KDR for a job opportunity which may have been published in the public domain, be it on the internet or via printed media.
Agreed on behalf of The Client by: ………………………………………………………….(authorized signatory)
Signature: ……………………………………………………………………
Title: ………………………………………………………… Date: ……………………………
Agreed on behalf of KDR by: …………………………………………………………………. (authorized signatory)
Signature:
Title: ………………………………………………………… Date: ……………………………
