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This Recruitment Agreement (the “Agreement”) sets out the terms and conditions upon which you (the “Company”), engages Smile and Company (the “Recruiter”), as a recruiter for the Company (together, the “Parties”). WHEREAS: the main activity of the Company is dental and/or medical and/or optical.
WHEREAS: the Recruiter locates and provides human resources (HR).
WHEREAS: the Company is engaging the Recruiter to provide recruitment services on such terms as are set out throughout this agreement and the Recruiter for his part is being engaged by the Company to provide said recruitment and Human Resources (HR) on said terms.
NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. In this Agreement:
1.1 “Territory” shall mean Canada
1.2 “Candidate” shall mean any applicant for a Position with the Company.
1.3 “Position” shall mean the role for which the Candidate is being Presented based on the Requirements set out in clause 2 of this Recruitment Strategy Agreement.
1.4 “Requirements” shall mean the requirements provided to the Recruiter by the Company set out in clause 2 of this Recruitment Strategy Agreement.
1.5 “Presentation”, “Presented”, “Present” shall all mean the submission in writing of the Candidate’s particulars to the Company including either his CV or his name or any other information sufficient to uniquely identify the Candidate. The Presentation of a client shall be deemed to have taken place notwithstanding that the Candidate may eventually Sign On for a Position other than that in the contemplation of the Parties at the time of Presentation.
1.6 “Sign On” shall mean the execution of an employment or consultancy agreement between the Company and the Candidate irrespective of its conditions.
1.7 “Termination,” “Terminate,” “Terminates” shall all mean the termination of the employment of the Candidate in any of the following circumstances only: resignation by the Candidate, dismissal for breach of contract, dismissal for gross misconduct, failure of the Candidate to begin employment or consultancy notwithstanding the execution of an employment or consultancy agreement.
1.8 “Another Agent” shall mean any person representing or purporting to represent the Candidate with or without instruction from the Candidate and whether or not doing so for monetary gain and whether or not in the business of recruitment or Human Resources (HR).
1.9 “Fees” shall mean the fees set out in Clause 4 of this Recruitment Strategy Agreement.
1.10 The heading names in the Agreement are provided as reference only and do not form part of the Agreement. 1.11 The Agreement may be executed in both English and other languages. If there is a conflict between the agreement in its various translations the English version shall prevail.
1.12 The illegality of any clause (or part thereof) shall have the effect of voiding that clause (or part thereof) only and not the entirety of the Agreement.
1.13 The terms of the Agreement shall be deemed to be binding on both Parties based on their respective conduct notwithstanding any error or defect in the execution of the Agreement.
2. In order to enable the Recruiter to locate suitable Candidates the Company will promptly provide the following information to the Recruiter:
2.1 A summary of the Company.
2.2 A detailed description of the Position including salary, benefits, conditions of employment, place of work and any other relevant considerations.
2.3 A detailed description of the desired applicant.
2.4 A completed questionnaire provided by Smile and Company.
The performance by the Recruiter of its obligations under this Agreement is conditional upon receipt of the above and changes in these requirements must be notified in writing as soon as practicable.
3. The Recruiter will use its best endeavours to locate a suitable Candidate and Present this Candidate to the Company. The Recruiter will use its skill, experience in recruitment and human resources (HR) as well as industry knowledge to locate and screen Candidates. Specialist tests, such as drug-testing, background checks and credit-checks are not performed by the Recruiter.
4. In consideration of its services under the Agreement the Company agrees to pay the Recruiter :a fixed fee of $800 such fee being payable immediately, prior to commencement of the recruitment services of Smile and Company. The above fee is subject to any and all local taxes. This fee is considered compensation for time and effort devoted to recruitment services provided to you. This fee is non-refundable.
5. The Company expressly excludes the payment of any and all costs, overheads or out-of-pocket expenses by the Recruiter which shall be borne by him/her solely.
6. It is agreed that:
6.1 The Recruiter’s Fees are still payable notwithstanding the subsequent Presentation of the Candidate to the Company by Another Agent.
6.2 The Recruiter’s Fees are still payable notwithstanding the subsequent application of the Candidate to the Company directly.
7. In the event of Termination within Thirty (30) days of the Candidate commencing Employment the Recruiter shall provide another Candidate at no extra cost to the Company; to a maximum of 1 replacement personnel
8.1 Both Parties warrant that they have the necessary power and approval to enter into the Agreement.
8.2 Both Parties warrant that they are not aware of anything in their reasonable control which will or could have an adverse effect upon their ability to perform their respective obligations under the Agreement.
8.3 The obligations and benefits under this Agreement may be assigned by either Party provided that the other Party first agrees in writing to said assignment.
8.4 The failure or delay by either Party to enforce any term of this agreement or to act upon a breach of any term shall not constitute a waiver of their rights with the express exception of those rights in clause 6.3.
8.5 Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties’ duties under the Agreement.
8.6 The Company accepts that the Recruiter is not liable for (and agrees to hold him/her harmless for) any losses arising out of:
8.6.1 Any deception, misrepresentation, fraud or fraudulent statement by the Candidate howsoever made and whether by act, conduct or omission.
8.6.2 Any loss howsoever arising caused by the Candidate acting under employment to the Company including losses due to negligence or gross-misconduct.
8.6.3 Any loss caused by the Candidate failing to take up employment as agreed.
9. It is agreed that:
9.1 The Recruiter shall ensure that any confidential information or material which is obtained during the scope of this Agreement or in negotiation thereof is kept confidential including but not limited to the details of the Position and the proposed salary thereof.
9.2 The Company shall ensure that the details of the Candidate are kept confidential at all times and undertakes not to share this information with any third-parties.
10. The Recruiter undertakes that he shall not expose any confidential information except with the prior written consent of the Company or if directed to do so by a competent Court provided always that such information has not previously entered the public domain by other means.
9.4 The terms of clauses 9.1, 9.2 shall apply indefinitely notwithstanding the termination of this Agreement.
11. Any variation to this Agreement shall be made in writing and signed by both Parties.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement: