Terms of Business
- Actions of Recruiter
‘Woodcroft Search Executives Limited’ agrees to use its best efforts to find suitable candidates to fill each position as directed by the Client. The goal of the Recruiter is to save valuable Client time, assist in the successful hiring processes and provide the Client access to top candidates. ‘Woodcroft Search Executives Limited’ will actively source, recruit, and screen candidates. The Recruiter’s work includes the following:
- Initial needs assessment with Client to formulate criteria for candidate selection, corporate background, position, salary, and location specifics.
- Identification of potential candidates through cv’s databases review, networking calls, direct contacts with competitors, receipt of cv’s through mail and fax, advertising and leads.
- Candidate screening through résumé reviews and direct telephone interviews.
- Preparation of interview notes for presentation to Client.
- Referral of screened and interviewed candidate cv’s to Client.
- Coordination of candidate interviews with Client, both telephone and in person.
- Verification of candidate references when requested by Client.
8) Assistance with the coordination and acceptance of job offers.
The Recruiter endeavours to ensure the suitability of any candidate introduced to the Client by obtaining confirmation of the candidate’s identity; that the candidate has the experience, training, qualifications, and any authorization which the Client considers necessary, or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill.
- Candidate Referrals
‘Woodcroft Search Executives Limited’ will provide screened and interviewed candidates directly to the hiring authority identified within the Client’s organization.
All referred candidates are considered to be valid referrals from ‘Woodcroft Search Executives Limited’ to the Client unless the Client immediately notifies the Recruiter of recent and prior employment conversations which the Client has conducted with a specific candidate within the sixty
(60) days preceding the Recruiter’s referral of the candidate to the Client.
Referred candidates are considered active ‘Woodcroft Search Executives Limited’ candidates for a period of one (1) year from the date of initial referral to the Client. Should the Client hire or employ a
referred candidate in any job during this period, the fees as described below are considered to be due to ‘Woodcroft Search Executives Limited’.
During the term of this Agreement and for a period of one (1) year thereafter, the Client will not, directly or indirectly, solicit for employment any candidate of ‘Woodcroft Search Executives Limited’ without being liable for the standard Placement Fees.
Any information disclosed to the Client regarding referred candidates is confidential and the property of ‘Woodcroft Search Executives Limited’. The Client agrees to not disclose candidate information or forward candidate documents to any third party and to use the information only for consideration of employment of the candidate by the Client.
All candidate names, information, and other data collected by the Recruiter in the performance of this Agreement will be the property of ‘Woodcroft Search Executives Limited’.
- Fee Calculation and Payment Schedule
This Placement Fee is due the effective day offer letter is sent and accepted by candidate. Must be paid within 30 (Thirty) calendar days from the employee’s offer letter date to ensure terms, including guarantee. Invoices not paid when due bear interest from the invoice date until paid at a rate of one and one-half percent (1.5%) per month. Time is of the essence of all payments under this Agreement. If any payment due is collected at law or through a collection agency, the Client agrees to pay all costs of collection, including, without limitation, all court costs, and reasonable legal fees.
- Limitation of Liability
THE FOREGOING PROVISIONS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, WRITTEN, ORAL, STATUATORY EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
‘Woodcroft Search Executives Limited’ shall not be liable under any circumstances, whether in contract or in tort or under any other legal theory, for any lost profits or revenues, loss of use, expense, damage, delay, costs or compensation (whether direct, special, incidental, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Recruiter seeking a candidate for the Client or from the introduction to or hiring of any candidate by the Client or from the failure of the Recruiter to introduce any candidate or for any claim made against the Client by any other party, even if ‘Woodcroft Search Executives Limited’ has been advised of the possibility of such claim. The Recruiter does not exclude liability for death or personal injury arising from his/her own negligence.
The Client will be wholly responsible for its decisions and ‘Woodcroft Search Executives Limited’ will have no responsibility or liability for the quality, performance, malfeasance, or wrongdoing of any candidate referred to the Client by the Recruiter.
In no event shall ‘Woodcroft Search Executives Limited’ be liable under any claim made by the Client to exceed the total amount of fees theretofore paid by the Client to ‘Woodcroft Search Executives Limited’ under this Agreement.
- Standard of Care
‘Woodcroft Search Executives Limited’ will perform services under this Agreement in a professional manner in accordance with the Client’s instructions. The Client will be wholly responsible for its decisions and ‘Woodcroft Search Executives Limited’ will have no responsibility or liability for the quality, performance, malfeasance, or wrongdoing of any candidate referred to the Client by the Recruiter.
The Client shall satisfy itself as to the suitability of the candidate and the Client shall take up any references provided by the candidate to the Client or the recruiter before engaging ‘Woodcroft Search Executives Limited’. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any candidate, and satisfying any medical and other requirements, qualifications, or permission required by law.
- Breach of Agreement
In the event of the breach of this agreement by either party, the party responsible for the breach shall be liable for the cost of litigation, including but not limited to reasonable court/legal fees incurred by the other party in initiating litigation to enforce the same.
- Entire Agreement
These terms constitute the entire agreement between ‘Woodcroft Search Executives Limited’ and the Client with respect to the subject matter hereof and may be amended only in writing signed by Recruiter and Client. This Agreement prevails over any other agreement, oral or written, between the Recruiter and the Client, and any prior agreements are null and void.
- Agreement Non-Exclusive
The Recruiter agrees that this Agreement is non-exclusive and that nothing in this contract shall be interpreted as a restriction on Client’s right to procure personnel services from any other vendor or through its own auspices.
- Term and Termination
This Agreement shall be in effect for a period of one year and will automatically renew for a period of one year upon its anniversary unless either party provides notice of termination. The parties agree that either party may terminate this Agreement, in writing upon 15 days’ notice, at any time, for any reason. If terminated by the Client, ‘Woodcroft Search Executives Limited’ is entitled to the Placement Fee for any candidate submitted prior to the date of notification and hired within 180 days thereafter.
- Returned Contract
If contract is not returned within 7 days, but client engages in contact with candidate all terms are therefore agreed.
- Governing Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the United Kingdom.