1 Definitions:

  1. Agent: The supplier of the candidate executive search, introduction, referral and presentation service. Under law, the Agent is incorporated as Smart Sales Talent (Partnership), t/a Smart Talent Group and is licensed [Licence No. EA4145] as an Agency by the Minister for Jobs, Enterprise and Innovation pursuant to Section 3 of the Employment Agency Act, 1971. Address: 18-19 College Green, Dublin 2. Tel: +353-1-9081298.
  2. Client: The party using and paying for the  services of the Agent, under 1.1. above.
  3. Candidate or Referred Candidate: The party to whom the Agent has introduced the role, directly or indirectly.
  4. Role: The employment opportunity and position assigned to the Agent.

2 Service: The Agent shall endeavour to ensure the relevant suitability of any candidate introduced to the Client and to maintain a high standard of service, timeliness and integrity. It is not the role of the Agent to make final candidate selection decisions; at a maximum, the Agent’s role is restricted to providing short-lists of suitable candidates. 

3 Mutual Conduct, Obligations and Best Practices

  1. It is the responsibility of both parties to engage in a timely manner in terms of candidate CV and related details review and scheduling of interviews, meetings, tasks and interactions and feedback to the candidate.
  2. While a candidate’s CV is part of the information used to make a screening judgement, the Agent’s recommendation should receive equal weight. Where candidates who are judged to warrant at a minimum an initial screening call from the client are consistently rejected based on CV viewing alone, the Agent reserves the right to withdraw from the project. In such an instance, retainer monies are not refundable.
  3. The Client shall be responsible for final checking and acceptance of a candidate’s qualifications, references, security, background & medical histories and all related outcomes. The Agent can facilitate relevant communications and logistics.
  4. The Client is responsible for offer negotiations and all related outcomes, though the Agent may facilitate communication and related logistics.
  5. The Agent and Client – as Controllers and Processors of Shared Personal Data – are subject to the provisions of the General Data Protection Regulation and related legislation and regulations and relevant amendments over time. https://www.dataprotection.ie/en/organisations.

4 Fees:

  1. On application / as separately agreed between Client and Agent (and outlined on the formal Order form).
  2. All introduction fees are expressed as a percentage of the total first year’s gross annual remuneration package, including guaranteed and / or pre-paid commission(s) / bonuses.
  3. VAT extra 21%. If VAT exempt, please provide the necessary Certificate.

5 Payment & Fee Terms:

  • Payment is within 30 days of acceptance of the offer by the candidate on a first candidate acceptance basis. All subsequent candidate referrals are on a replacement basis.
  • The Agent’s work is considered completed for invoicing purposes, once the Candidate accepts the offer or contract, whichever is sooner. 
  • Retention of a replacement warranty is contingent on timely receipt of payment. 
  • Where the Client makes and offer and subsequently, for whatever reason, withdraws the offer, the Agent’s work is still considered completed. It is at the discretion of the Agent to provide a replacement. 
  • Where a single or multiple role and/or candidate criteria change the direction of the project specification and substantial work has been completed, the agent reserves the right to apply a minimum fee of Eur5,000 as a contribution to input costs.
  • Retainer fees are non-refundable and subject to clause 3.2 also.

6 Replacement Warranty:

  1. In the event that any Candidate fails to commence employment in the role, self terminates, or the Client terminates the engagement for performance reasons within 8 weeks of the Candidate’s commencement, the Agent will provide a replacement candidate for the same level  of role.  
  2. This warranty does not apply where the client terminates the engagement independent of the candidate’s performance e.g. for economic reasons or unexplained reasons.
  3. Where the replacement effort is exhausted and unsuccessful, the Agent will pay the Client a refund against the fees paid as follows:  where the originally placed Candidate left within or up to 4 weeks from the date of commencement, 40% refund;  5 – 8 weeks service 20% refund; 9-12 weeks service, 10% refund. There is no refund obligation after 12 weeks of employment.  
  4. Where a candidate has been placed as part of a special deal, e.g. at a reduced rate, execution of the replacement warranty is at the discretion of the agent.
  5. This warranty becomes void where the Client does not act in a timely manner so that the odds of retaining candidates is reduced. This is irrespective of the reason given by the client; the Agent will not accept the risk inherent within delayed action on the part of the client.

7 Referral & Introduction Terms:

  1. A candidate is considered referred (“Referred Candidate”) when the Agent informs the candidate about the opportunity, role or Client irrespective of the means of communication. 
  2. Where a Candidate self-refers, having learned about the role through the Agent, they remain a Referred Candidate. 
  3. In the event that any Candidate sourced by the Agent is subsequently employed by the Client (or related organisation, or by referral to another organisation) in any capacity whether as temporary, permanent or self-employed, and irrespective of the role type, description or emphasis within 12 months of the initial introduction date by the Agent, whether referred internally, by another Agency / Agent or by any other means, the Client shall pay initial due fee.

8 Responsibility and Liability:

  1. Where the client fails to employ the Candidate to whom an offer has been made and accepted, any consequential damages claimed by the Candidate are the sole responsibility of the Client. 
  2. The Agent will not be liable for any wrongful, negligent, wilful or dishonest behaviour or omission of the candidate, nor any  direct or indirect loss to property, personnel, or to profits.
  3. The Agent will not be liable for any wrongful, negligent, wilful or dishonest behaviour or omission of the Client, deliberate or otherwise, during the search and hiring process, including offer and acceptance stages and subsequent notice and employment periods.

9 Applicability 

  1. These published Terms are publicly available and applicable once a candidate’s details are received by the Client. 
  2. Terms written under the laws of Ireland.