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.
- 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
- 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.
- 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.
- 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.
- 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 salary, including where applicable, any upfront draw on commission or bonus. (Unless other wise agreed)
- 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.
- VAT extra 21%. If VAT exempt, please provide the necessary Certificate.
5 Payment & Fee Terms:
- 1/3 Payable in advance. 1/3 on Offer to candidate. 1/3 at commencement.
- Retention of a replacement warranty is contingent on receipt of timely payment
- Where a candidate has accepted an offer but withdraws before the agreed commencement date the above payment terms still apply and the Replacement Warranty then applies.
- 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 and 5.4 also.
6 Replacement Warranty: In the event that any Candidate fails to commence employment in the role, 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.
Referral & Introduction Terms:
- A candidate is considered referred (“Referred Candidate”) when the Agent informs the candidate about the opportunity, or the candidate became aware of the role through the Agent.
- 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.
Liability and Applicability
- 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
- Terms written under the laws of Ireland.