Direct Hire Fee Agreement
This DIRECT HIRE FEE AGREEMENT is made as of [Agreement Date], between
PONTOON STAFF LLC., located at 254 Chapman Rd, Ste 209, Newark, Delaware – 19702
(hereinafter “STAFFING PARTNER”), and
[Client Company Name]
located at [Client Address]
(hereinafter “CLIENT”).
This agreement shall commence on the effective date and continue for one (1) year. Thereafter, the parties may renew upon mutual written consent under the same terms.
WHEREAS, STAFFING PARTNER is ready, willing, and able to provide consulting services to CLIENT on the terms and conditions set forth herein; And
WHEREAS, CLIENT is willing to engage STAFFING PARTNER as an independent contractor on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the obligations herein made and undertaken, STAFFING PARTNER and CLIENT, intending to be legally bound, covenant and agree as follows:
Fee:
- Subject to the terms of this agreement, the fee to place a candidate with CLIENT is the amount of [Fee %]% of the candidate’s starting salary. STAFFING PARTNER shall generate an invoice for each candidate placed, and such invoice shall be described and contained in Exhibit A, which shall also include an executed copy of this agreement.
- CLIENT will be obligated to pay such fee if and only if CLIENT hires a candidate, directly or indirectly, for any position, within One (1) year after STAFFING PARTNER referred the candidate to CLIENT. Full net payment of the fee must be received within [Payment Days] days of the candidate’s start date.
- Should CLIENT not make payment as per these payment terms, interest of 1% per month will be charged on unpaid fees more than 30 days past due. In the event a delinquent account results in collection litigation, CLIENT shall be liable to pay STAFFING PARTNER’s reasonable attorney’s fees, related court costs, and litigation expenses incurred about such litigation, if STAFFING PARTNER prevails in whole or part of the lawsuit.
- CLIENT will not incur a fee if the candidate was already under active consideration, in the last Three (03) months for the position prior to the referral. In such case, CLIENT will show proof through another channel such as Monster, Indeed, another agency, or CLIENT’s internal hiring efforts, etc. in which case no fee shall be payable to STAFFING PARTNER.
Confidentiality:
- STAFFING PARTNER will not disclose without the CLIENT’s consent information provided by the CLIENT and designated as confidential, such as employees’ names and financial information. STAFFING PARTNER will neither confirm nor deny the CLIENT’s identity to candidates without CLIENT’s approval. STAFFING PARTNER will use the information provided by the CLIENT solely for the purpose of locating candidates for CLIENT and for no other purpose. This paragraph shall survive for a period of two years from the date of this agreement.
Warranty:
- If within [Guarantee Period] calendar days after a candidate’s first day of employment with CLIENT, the candidate voluntarily resigns or CLIENT terminates the candidate’s employment for any reason (other than a termination due to elimination of position, material change in job responsibility, or layoff or downsizing because of reorganization, merger, or acquisition) STAFFING PARTNER shall refer a replacement candidate acceptable to CLIENT without further fees to CLIENT.
Referral Policy:
- Referrals are on a confidential basis and any breach of this confidence is strictly prohibited. Any referral of any individual originally referred by STAFFING PARTNER to any third party will result in a service charge under the terms of this agreement.
- STAFFING PARTNER shall conform to all governmental law regulations pertaining to equal employment opportunity, and shall not discriminatorily select or refer candidates based on race, color, religion, age, sex, national origin, marital status, disability, or handicap.
Background Check Investigations:
- Upon CLIENT request, STAFFING PARTNER will conduct the pre-employment background check, Social Security Check and drug screening following the acceptance of the employment offer to the candidate by the CLIENT. CLIENT agrees to give written consent to the STAFFING PARTNER to initiate the background check before deploying the selected candidate. However, STAFFING PARTNER assumes no liability for the accuracy or the completeness of this information. Therefore, STAFFING PARTNER advises you to verify all information independently to your satisfaction before onboarding the candidate.
Compliance:
- STAFFING PARTNER agrees to comply with all applicable laws in performing the services described in this agreement.
GOVERNING LAW – The construction, interpretation, and enforcement of this Agreement shall be made in accordance with the laws of the State of Texas as they apply to a contract executed, delivered, and performed solely in such State. The venue of any suit or action initiated by either party for the enforcement of any of the obligations under this Agreement shall be set in Newark, Delaware.
ENTIRE AGREEMENT; MODIFICATION – This Agreement constitutes the entire and only agreement between the parties hereto and supersedes all prior proposals discussions, communications, representations, agreements, and understandings, whether oral or in writing. This Agreement may not be amended or modified in any manner except by a written instrument executed by the parties hereto.
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STAFFING PARTNER: PONTOON STAFF LLC.
By:Pontoon Staff LLC
Signature
Name:Robin James
Title:Chief Operations Officer
Date:
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CLIENT: [Client Company Name]
Signature
Name:
Title:
Date:
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