TERMS AND CONDITIONS OF RECRUITING PROCESS
These Terms and Conditions are between ClarusApex Human Resource Limited (“the Agency”) and the Employer (“the Client” which term shall include all subsidiary and associated companies, firms and associations) seeking to engage the candidate or permanent candidate (“the Candidate”).
These Terms and Conditions are deemed to be accepted by the Client by virtue of a request for an introduction, an interview, whether in person or by telephone, or email, or by the signing of the Terms and Conditions, or by the engagement (which term includes employment or use, whether under a contract of service or for services, or under an agency, licensee, franchise or partnership agreement) of a Candidate introduced by the Agency. An ‘introduction’ shall mean an interview, the acceptance of a CV or Candidate’s details via the post, e-mail, or oral communication.
1. RESPONSIBILITIES OF THE AGENCY AND THE CLIENT
1.1. The Agency will advertise on behalf of the Client for specified categories of manpower (hereinafter known as “Candidate(-s)”). Such advertisement will be done at the expence of the Agency.
1.2. The Agency will be responsible for pre-selection of candidates, according to the criteria provided by the Client. Candidates put forward by the Agency for interview by representatives of the Client will meet the definied criteria.
1.3. The Agency will be required to have available for each Candidate the following documents:
1.3.1. Copies of documents confirming Candidate qualifications and/or documents confirming prior experience of Candidate.
1.3.2. Other documents and information about Candidate duly requested by the Client at the start of the recruitment process.
1.4. The Agency will be required to get and submit for each confirmed selected Candidate the following documents in addition to the documents mentioned in item 1.3. above:
1.4.1. Copy of the International passport.
1.4.2. Medical test certificates in accordance to the Client specification.
1.5. Employment is FREE of charge for all qualified and not qualified candidates. The Agency undertakes not to charge Candidates any additional fees for recruitment other than reasonable administration fees related to the processing documentation required by the Client. There are no hidden fees or commissions for employment services. Recruitment events are also free of charge for the candidates (customer sponsored).
1.6. The Client will be responsible for arranging employment visas for selected Candidates and will be responsible for providing air tickets from their place of residence to the employment country for selected Candidates and will bear the cost of such according to Agreement with the candidates.
1.7. The Client shall in a timely manner provide the Agency by e-mail or in other written form with all information:
- job description / requirements; information about desired Candidate’s characteristics;
- information about start date and any other applicable timeframes;
- information about salary and benefits for the position.
1.8. The Agency has the right to involve third-party contractors for rendering of Services (both fully and partly). In this case the Agency bears complete responsibility to the Client for quality of search and selection services and their proper fulfillment by third-party contractors.
2. SERVICE FEE AND PAYMENT
2.1. Fee for the services in search and selection (further – “Service fee”) shall be determined in the amount of 1 monthly salary per selected Candidate, who meets Client’s requirements and arrives to the country of employment, but not less than USD 450.00 per selected Candidate.
Monthly salary shall be defined as monthly basic salary rate plus applicable monthly language, accommodation, experience and/or other allowances and fixed-amount components of monthly salary package of selected Candidate which are determined in his/her offer letter and/or employment agreement.
2.1.1. Payment will be done on the basis of issued invoice within 30 (thirty) days of invoice receipt. Agency submits service invoice to Client directly by post or via email or fax.
2.1.2. All payments are done in USD.
2.2. If a Candidate submitted by the Agency is rejected by the Client, but will be hired by the Client within 6 calendar months from his/her submission, a commission fee (Service fee) will be defined as stated in points 2.1, 2.1.2 of this Agreement. In any case the Agency can be entitled for a fee only one time per Candidate.
2.3. Candidates are considered as submitted by the Agency to the Client when their names, details and CVs have been presented to the Client. The Client shall send within 5 working days a notice to the Agency if he has prior knowledge of the Candidate and in such case the Agency will not be entitled for a Service Fee in regards to such Candidate.
3.TERM AND TERMINATION
3.1. This Agreement will be terminated with immediate effect in the event that:
3.1.1. either Party is in breach of any of its obligations under the terms of this Agreement and shall not remedy such (if capable of remedy) within 14 (fourteen) days of being required to do so;
3.1.2. by the Client or Agency giving 15 (fifteen) days written termination notice.
3.2. This Agreement shall come into force from the day it is signed and stamped by both Parties and shall remain valid for the unlimited period of time or until both Parties have fulfilled their obligations in accordance with this Agreement.
4.1. The provisions of this Agreement are strictly confidential and neither Рarty shall disclose any of such provisions, to any third Рarty without the consent of the other Party. A Mutual NDA (non-disclosure agreement) shall be signed by both parties
5. CANDIDATE REPLACEMENT
5.1. If within 3 (three) months after the actual date when the Candidate started to work in the country of employment, the employment agreement is terminated or there is a prior notice for termination, the Client will have the choice between: the Agency shall refund the Service Fee or provide a new search free of charge upon written request from the Client on the condition that none of the following circumstances have led to the situation:
– Force majeure;
– Restructuring of Client company and subsequent cancellation of the position;
– Client failing to fulfil its obligations on Terms of Reference/job offer made to the Candidate (salary, benefits or job responsibilities/tasks, living conditions), as per the contract of employment offered.
6. GOVERNING LAW AND ARBITRARY CLOSE
6.1. This Agreement shall be governed by and construed in accordance with the substantive laws of Cyprus. Any disputes should be settled through negotiations and alternatively – in the relevant court in accordance to the legislation of Cyprus.