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Terms

This Agreement is made between Neos Talent Ltd, including but not limited to all of its assumed names, trade names and subsidiaries, together an employment agency (collectively referred to as “Neos Talent”) and xxxxxxxxxxxxxx (hereinafter to be called “The Client”).

Neos Talent will introduce Candidates to The Client for employment by The Client. Once the employment takes place Neos Talent fees as set out in paragraph 15 becomes payable.


With the introduction of a Candidate, the terms of this Agreement are deemed to have been accepted by The Client.
These terms shall constitute the only contract between Neos Talent and The Client.

These terms have no term and can be terminated by either party in writing. In the event of such notice, these terms shall remain in effect and apply to any Candidate that has previously been introduced by Neos Talent.

Any amendments and/or revisions to these terms shall be approved in advance and executed in writing by the President of Neos Talent and an authorized representative of The Client.


An introduction is deemed to have taken place by the provision of any information about a Candidate to The Client, which allows the Candidate to be identified, unless the Candidate is currently active in The Clients recruitment process. Following an introduction if The Client is already communicating with the Candidate in relation to a possible appointment, then The Client must inform Neos Talent immediately. If The Client continue to use Neos Talent to provide services regarding this Candidate and The Client appoints the Candidate a fee in accordance with paragraph 15 will become due. If it is unclear or ambiguous as to how The Client learned about the Candidate for the first time, The Client will be responsible for providing evidentiary documentation on Neos Talent’s request.


To enable Neos Talent to introduce suitable Candidates, The Client must provide Neos Talent with all relevant information on its vacancies including the anticipated start date, the position and type of work required, the experience, training and qualifications necessary for the position, the anticipated salary and benefits package, employee/employer notice period requirements and any known risks to health and safety.

The employment takes place once The Client offers employment, whether on a temporary or permanent basis, to the Candidate and the Candidate starts employment with The Client, whether such employment is conditional upon the successful completion of a probationary period. Should an appointment take place then a fee as set out in paragraph 15 shall be payable.


Should The Client fail to advise Neos Talent of the employment of a Candidate within 14 days of the start date, a fee becomes payable of 40% of the anticipated first year's remuneration of the Candidate or $25,000, whichever is greater.


If a Candidate is employed by The Client within 12 months of the initial introduction or any subsequent reintroduction by Neos Talent, then the fees as set out in paragraph 15 shall become payable to Neos Talent. If The Client employs any Candidate that they have discussed with Neos Talent, in anyway, in the 12 months prior to the appointment but they feel no fee is payable then The Client should contact Neos Talent to inform them of the appointment so as to avoid any future dispute arising.


Information relating to any Candidate is supplied on a strictly confidential basis and may only be used by The Client in connection with this Agreement. If employment of a Candidate takes place by a third party as a direct result of The Client having given information relating to the Candidate to the third party The Client shall be liable to pay a fee of 40% of the anticipated first year's remuneration of the Candidate or a fee of $25,000, whichever is the greater. A third party includes but is not restricted to any associated company, subsidiary or other company with which The Client is connected.


The Client is obliged to advise Neos Talent of the total remuneration offered to the Candidate immediately after an offer of employment has been made by The Client to the Candidate.


Should an offer concluding a main contract be retracted prior to the Candidate joining The Client, then The Client shall be liable for an administration fee of $3,000 whether or not the Candidate was known previously by The Client.
Neos Talent will invoice The Client on the start date of a Candidate. The fee is calculated as a percentage of the anticipated first year's basis salary remuneration. The Client shall provide to Neos Talent a full statement of the total remuneration to be received by a Candidate. For Sales and Commission based positions we take the total of the on-target earnings (OTE) for the first year.
 

Fees are a percentage of the Candidate’s total remuneration based on the below; thus, Neos Talent fees are: 25% of the candidate’s basic annual remuneration package only.


Where the Client has chosen to engage the candidate on a contract or interim basis, the Client will pay Neos Talent an hourly fee of $25 for each hour that the Candidate provides his/her service to the Client or where the Candidate is sub-contracted by the Client to the Client’s Affiliate during the initial assignment and subsequent assignments that fall within the 12 months following the expiry or termination of the initial assignment. The number of work hours will be confirmed by the Client to Neos Talent at the end of each calendar month to enable Neos Talent to raise an invoice which will be payable within 14 days of the date of invoice. Should the Candidates be employed by the Client on a full-time basis at any point, the fees contained within Clause 15 will apply.
The Candidate will enter into a direct agreement with the Client and subsequently Neos Talent does not accept any liability or provide warranties for the services provided by the Client or its Consultants


An invoice is payable within 14 days of its date of issue and The Client agrees to supply Neos Talent with any required Purchase Order in advance of the start date. If Neos Talent incurs any legal or non-legal costs as a result of non- or late payment of invoice, The Client will become liable to pay such costs. Neos Talent can claim interest on amounts owed in accordance with State law.


If the appointment of a Candidate is terminated within 8 weeks of the commencement of his/her employment with The Client a rebate will be paid by Neos Talent to The Client at the rate of 12 ½ % of the fee charged by Neos Talent for each full week the Candidate did not work out during the 8 week period, subject to paragraph 18 set out below.

No rebate shall be payable if:  

  1. employment is rescinded for no good reason;
  2. Neos Talent is not notified in writing within 14 days of the termination of the employment together with the reason(s) for it;
  3. Ithe fee is not paid to Neos Talent within the time frame agreed in paragraph 16;
  4. the cause of termination has no bearing on the Candidate's qualifications, capability or conduct;
  5. the Candidate is let go as result of a layoff.

Neos Talent does not personally obtain references pertaining to a particular Candidate, unless requested. Neos Talent takes no responsibility for any loss, damage or delay caused by the Candidate.  The Client is responsible for ensuring the suitability and capability of a Candidate for employment and for taking references to verify skills, qualifications, integrity, the necessity of any work permits and the satisfaction of any medical requirements.