Daugherty & Daugherty Investments, LLCdba 1st Employment Staffing (“RECRUITING FIRM”), with its principal office located at 1148 Stearns, Ste. 4, Fayetteville, AR 72703, and _____________________(“CLIENT”) with its principal office located at _______________________ agree to the terms and conditions set forth in this Staffing Agreement (the “Agreement”).
For the purpose of this agreement the word “referred” and “referral” means any manner or means of communication of a candidate’s identity.
GOVERNING LAW: This agreement will be governed by and enforced in accordance with the laws of the state of Arkansas. The parties agree that state and federal courts within the state of Arkansas shall have the exclusive jurisdiction over any litigation brought or arising out of this agreement.
FEES AND EXPENSES: CLIENT agrees to pay a placement fee to RECRUITING FIRM in the amount of ____ % of the candidate’s estimated total first year’s compensation, including estimated commissions and bonuses, and any signing bonus. Such fee is not subject to reduction even if the candidate’s employment terminates. CLIENT will be obligated to pay such fee whenever
- A candidate referred to CLIENT by RECRUITING FIRM is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by CLIENT, its affiliates, parents, or subsidiaries, within six (6) months of the most recent activity on behalf of that candidate by RECRUITING FIRM, or
- A candidate referred to CLIENT by RECRUITING FIRM is referred by CLIENT to another employer or recruiting firm and the candidate is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by such employer or through such recruiting firm within six (6) months of the most recent activity on behalf of that candidate by RECRUITING FIRM.
REPLACEMENT GUARANTEE: In the event the employment of a candidate referred to CLIENT under this agreement lasts less than 30 calendar days, and provided that all fees and expenses relating to such referral have been paid, RECRUITING FIRM will attempt to refer a replacement candidate for the same position at no additional charge to CLIENT. RECRUITING FIRM’S obligation under this agreement is limited to attempting to find a replacement candidate. No refund will be made if CLIENT hires a replacement from any source, or if CLIENT is no longer actively seeking to fill the position. This provision shall not apply if the candidate is laid off for lack of work, or resigns his or her position in less than 30 calendar days of employment.
PROXIMATE CAUSE: RECRUITING FIRM’S fee is earned if a candidate referred by RECRUITING FIRM accepts a position, as a result of RECRUITING FIRM’S referral or otherwise, with CLIENT, or any related company, in any capacity, as employee, consultant, or independent contractor, within six (6) months of the most recent activity on behalf of that candidate by RECRUITING FIRM.
WAIVER OF FEE: If RECRUITING FIRM refers a candidate to CLIENT with whom CLIENT has already interviewed or scheduled to interview, and CLIENT so advises RECRUITING FIRM within five (5) business days following the referral, CLIENT will not owe RECRUITING FIRM a fee in the event CLIENT hires the candidate. CLIENT shall provide RECRUITING FIRM with documentation at RECRUITING FIRM’S request sufficient to establish that the interview has been held or scheduled.
PAYMENT TERMS: CLIENT agrees to pay all placement fees and related expenses upon receipt of the invoice. Interest of 1% per month will be charged on unpaid fees more than 30 days past due. CLIENT agrees to reimburse RECRUITING FIRM for all reasonable costs of collection, including attorney fees.
CONFIDENTIALITY OF REFERRALS: All candidate referrals made by RECRUITING FIRM are made on a confidential basis and CLIENT shall hold RECRUITING FIRM harmless from any liability resulting from CLIENT’S unauthorized disclosure or misuse of information regarding any candidates or their candidacy.
CONFIDENTIALITY OF CLIENT INFORMATION: RECRUITING FIRM agrees to maintain the confidentiality of any nonpublic proprietary client information that it may obtain in the course of performing services under this agreement and shall hold CLIENT harmless from any claim, loss, or liability resulting from RECRUITING FIRM’S unauthorized disclosure of such information.
DISCLAIMER: RECRUITING FIRM does not guarantee the performance of any candidate or the accuracy of information provided regarding a candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. RECRUITING FIRM urges CLIENT to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant.
INDEPENDENT CONTRACTOR: The services provided by RECRUITING FIRM under agreement are provided as an independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint venturers, or employer and employee, between RECRUITING FIRM and CLIENT.
NON-DISCRIMINATION: RECRUITING FIRM does not discriminate in referrals, or consent to discrimination by its clients, against any candidate on the basis of age, race, color, religion, disability, sex, national origin, or veteran status.
COST OF ENFORCING AGREEMENT: In the event either party files suit to enforce its rights under this agreement, the prevailing party shall be entitled to costs of suit and reasonable attorney fees incurred by it in connection with the suit.
SIGNATURE PROVISION: CLIENT’S acceptance of referrals from RECRUITING FIRM, interviewing of candidates referred by RECRUITING FIRM, or employment of any such candidates shall constitute CLIENT’S acceptance of the terms and conditions of this agreement.