TERMS & CONDITIONS OF SERVICE
- 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 and as defined in Sections 7.1 to and including 7.4.
- 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.
3 Mutual Conduct, Obligations and Best Practices
- 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.
- Candidate details are submitted on the understanding that the individual candidate’s suitability will be discussed during a scheduled conversation for that purpose.
- The Agent’s expectation is that all of the candidates presented warrant at a minimum, an initial interview based on the Agent’s recommendation. Such a recommendation is based more on candidate screening than their CV per se. This is especially relevant where several individuals and / or parties are viewing the submitted CV and usually each party will have at least one reason not to want to interview a candidate based on the CV alone.
- The Client agrees by virtue of the terms of this agreement not to contact a candidate directly, irrespective of role (i.e. even if for roles other than the current role). Where such contact is made, the definition of a Referral remains applicable as per sections 7.1-7.3, as do the entire Terms of this Agreement and irrespective any agreement, written, verbal or implied between the Client, the Candidate or a third party, including alternative licensed agents.
- The Client shall be responsible for final checking and acceptance of a candidate’s qualifications, references, security & medical histories and all related outcomes. The Agent can facilitate relevant communications and logistics.
- Candidate references should only be checked and potential referees should only be contacted subject to consent and express permission requirements under data protection law, including, but not exclusively the General Data Protection Regulation. It is good practice to alert colleagues to their individual and collective responsibilities with regard to the treatment of personal data of candidates (who are non-employees).
- The Client is responsible for offer negotiations and all related outcomes, though the Agent may facilitate communication and related logistics.
- 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.
- 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 commission(s), guaranteed bonus, car allowance / car benefit value, pension and health allowances or benefits.
- If there is a probationary period where salary and/or remuneration package is automatically increased at the end of the period, that later remuneration amount is considered the Year 1 total remuneration package for the purposes of this agreement.
- A company car is valued at €8,000 additional salary, where applicable.
- VAT extra 23%. If VAT exempt, please provide the necessary Certificate.
- The fee is applied to a remuneration value not less than the originally agreed minimum, irrespective of changes to the substance of the assigned role.
- Parties to this Agreement are subject the relevant Late Payment legislation under the Laws of Ireland.
5 Payment & Fee Terms:
- Payment is due on acceptance of the offer by the candidate on a first candidate acceptance basis. All subsequent candidate referrals are on a replacement basis, subject to payment terms.
- Retention of a replacement warranty is contingent on adhering to the payment terms.
- Where a candidate has accepted an offer but withdraws before the agreed commencement date the above payment terms still apply.
- Where the Client makes and offer and subsequently, for whatever reason, withdraws the offer, the same payment and replacement terms and obligations apply on a first acceptance basis. All subsequent candidate referral is on a replacement basis and subject to the payment terms of this Agreement.
- Where the Client materially changes a role description and the Agent has already performed search and presentation based on an originally specified role description , the Agent reserves the right to apply a sliding – scale fee based on the same package criteria as 4.2 above as follows: 5% fee up to four candidates. 10% fee after five or more candidates have been presented and irrespective of whether the candidates have been selected for interview or screening.
- Where the Client delays the progress of a project, the Agent reserves the right to apply an interim charge of 10% in accordance with the terms in Section 4.
6 Replacement Warranty: In the event that any Candidate terminates, or the Client terminates the engagement within 8 weeks of the notified date upon which such Candidate commenced work for the Client and provided that a) the Client notifies the Agent in writing of the termination of engagement within 7 days of the last day of the placed candidate’s final paid day and b) the Client (or related entity or organisation) does not re-engage the Candidate within 15 months of the initial introduction date and c) the termination is not due to redundancy or lack of work or contractual dispute and d) all monies due from the Client have been paid in accordance with these terms of business (5.1), then the Agent will endeavour to seek a replacement through the presentation of relevant second candidates (to remuneration up to the same value as the leaver) at no extra cost to the Client. 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.
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, including, but not confined to advertising, email, social media, telephone, and/or provides details of that candidate to the Client, irrespective of the Client’s prior knowledge of the candidate and/or the candidate expresses an interest in discussing the role and / or asks a question about the role directly to the Client. A candidate is also a Referred candidate where they are informed indirectly about a role or a Client (e.g. through a personal referral or a referral through an Agent’s Candidate) where the Agent generated the original referral and this Agreement is in place with the Employer. Where a Referred Candidate, whether appointed or not, introduces new candidates for a role, and whether voluntarily or at the request of the Client, the subsequently introduced candidates are “referred” under the terms of this agreement.
- Where a Referred Candidate is subsequently introduced to the Client by any alternative party – irrespective of the Candidate’s preference – the Candidate remains the Agent’s Referrred Candidate for a period of 15 months from the day of initial referral and the Terms of this Agreement apply. This doe snot affect the personal rights of the candidate.
- Where a candidate was introduced to the Client’s role or to the Client by the Agent and subsequently contacts the Client directly (“Self-Referred” or “Self-Referral”), they remain a Referred Candidate under the definition of this Agreement for a period of 15 months and all relevant fees apply. (See Clause 9.2 also).
- 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 15 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.
- Retained Assignment: Defined as an assignment where by the Client gives the Agent an exclusive assignment for an agreed period. A retained assignment includes a one-third advance fee payment amount (not less than €4,000) that will be deducted from the final invoice. Work will commence on receipt of payment.
- For any exclusive assignment, retained or otherwise, the Agent is the referral agent for all candidates, irrespective of source. Where a Client sources candidates form non-Agent channels during an agreed exclusive period, the Agent reserves the right to apply a 10% fee in accordance with the criteria in section 4.1.
- Where a candidate withdraws consent, the terms of this agreement will still apply in terms of fees due, under the definition of a “referred” candidate. This does not affect the rights of the candidate.
8 Responsibility and Liability:
- The Agent is supplying an introduction and presentation service and makes no warranty, express or implied, as to the outcome of hiring any Candidate introduced to the Client. The Agent accepts no liability whatsoever for any loss, damage, costs or expenses, howsoever caused which the Client may suffer, or for which the Client may become liable, as a result of the introduction to the Client or engagement by the Client of a Candidate
- The Agent will not be liable for any wrongful, negligent, wilful or dishonest behaviour or omission of the candidate. Any direct or indirect loss to property, personnel, or to profits is the responsibility of the client.
- 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, including self-referral, automatically apply once the Client agrees to the role being advertised or broadcast to one or more people by the Agent.
- Where a candidate self-refers to a client and where the Agent has prompted, facilitated or enabled that referral, these Terms equally apply, including all fee and payment terms.
- Adjustments that facilitate clarity may be made to this agreement without affecting the rights and obligations of both Client and Agent.
- Where the Client changes the terms of the contract for as assigned role (e.g. from Permanent to Fixed Contract), the Terms of this Agreement remain applicable.
- Terms written under the laws of Ireland.