- 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.
- Client: The party using and paying for the services of the Agent, under 1.1. above.
- Candidate or Referred Candidate: The party to whom the Agent has introduced the role, directly or indirectly.
- 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
- It is the responsibility of both parties to engage in a manner that respects each other’s time, especially in relation to the timely scheduling of interviews, meetings and feedback calls.
- Candidate details are submitted on the understanding that the individual candidate’s suitability will be discussed during a scheduled conversation for that purpose, irrespective of the candidate’s CV details or publicly available data such as LinkedIn.
- On application / as separately agreed between Client and Agent (and outlined on the formal Order form).
- 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.
- VAT extra 23%. 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.
6 Replacement Warranty:
- 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.
- 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.
- 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, 50% refund; 5 – 8 weeks service 25% refund.
7 Referral & Introduction Terms:
- 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.
- Where a Candidate self-refers, having learned about the role through the Agent, they remain a Referred Candidate.
- 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:
- 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.
- 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.
- 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.
- These published Terms are applicable in all circumstances unless agreed in writing separately.
- Terms written under the laws of Ireland.