Candidate: An individual worker, or, where the worker is a company or other legal entity including the individual worker, as the case may be, including any of the Company’s employees, workers, or agency staff.
Client: The person or firm signing these Terms and Conditions or to whom the Engagement Letter if any, or similar correspondence is addressed, including any Affiliate or any other party acting at Client’s instruction or on their behalf.
Contract: These Terms and Conditions.
Introduction Fee: The fee payable by Client to Company upon the successful Appointment of a Candidate with Client.
Total First Year’s Remuneration: Means all emoluments (whether in form of wages, fees, or otherwise) payable to or receivable by the Candidate, together with all bonuses (whether guaranteed or anticipated), commission payments, allowances, inducement payments, and any other benefits (whether taxable or non-taxable), including, where a car or car allowance is provided, the total amount of such allowance.
Affiliate: Any company that is related to Client by either Client or Company owning shares of the other, by common ownership, by common directorship or governance, or by any other means of control. The terms of this Agreement shall be binding on any Client Affiliate to the same extent and in the same manner, as they are to Client, all references to Client in this Agreement shall include and be equally binding upon any Client Affiliate
1. Terms & Conditions:
(i) The client is deemed to have accepted these terms and conditions of business upon interviewing a candidate introduced by Quad
Recruitment; whether or not the candidate was previously known, or if the interview is arranged by Quad Recruitment or not.
(ii) Any variations to these terms and conditions of business must be confirmed by Quad Recruitment in writing and signed by a Director of Quad Recruitment.
(iii) These terms and conditions shall take precedence over the client’s terms and conditions of business unless expressly agreed
to the contrary by Quad Recruitment and confirmed in writing to the client by a Director of Quad Recruitment.
The company’s standard Introduction Fee for Direct Hires applies to each Assignment. The Introduction Fee is calculated by applying the appropriate percentage shown in section 2 (i) to the Appointed Candidate's Total First Year's remuneration. Fees are to be paid within seven (7) days of Invoice submission. The invoice will be submitted on the candidate’s first day of employment. In the event of late payment by the Client, the Company reserves the right to charge interest on all overdue invoices at the rate of 1.5% per month of the full amount owing, including pre-judgment interest. In any action to obtain payment, the Company shall be entitled to all fees, costs, and expenses of such actions, including reasonable attorney’s fees. If the Client does not pay fees within the seven (7) day period as agreed by acceptance of these terms and conditions, the Company will not be bound to offer any rebate or re-run of services as laid out in this document.
(i) Introduction Fee for Direct Hires (Permanent): The fee payable by Client to Company upon the successful Appointment of a Candidate will be 30% of the candidate’s annual remuneration during the first 12 months.
(ii) Markup / Bill Rate for Temporary/ Contract workers: Once the Company and Client have agreed on a final pay rate for the candidate, the Company will charge the Client 45% of the candidate’s hourly rate per hour + all employer taxes.
(iii) Temporary to Permanent: If the Candidate and Client agree to a permanent hire, the fee payable by Client to Company will depend on how long the contractor has been working and will be by the following structure:
a. Month 0 – 6 – 25% of annual salary
b. Month 6 – 8 – 20% of annual salary
c. Month 8 – 12 – 15% of annual salary
d. Month 12 onwards – Free to convert
If Client or an Affiliate of Client re-engages the Candidate within Twelve (12) months of the termination, the full Introduction Fee set out in these Terms and Conditions shall become immediately due and payable. If the candidate leaves the employment of the client for any reason other than redundancy, threat of redundancy, client failure to pay wages or other reasons attributed to the client’s acts or omissions the client will receive the following rebate of paid fees. If the correct fee wasn’t paid in the agreed time scale, then no rebate/replacement will be offered.
a. 0 – 3 weeks - 75% of Introduction Fee
b. 3 – 6 weeks - 50% of Introduction Fee
c. 4 – 6 weeks - 25% of Introduction Fee
4. Candidate Ownership:
There is a period of 6 months during which both sides have ‘Candidate Ownership’ rights. If the candidate has been in the interview process of being employed by the client within the previous 6 months, no fee shall be due. If the client or any affiliated partner employs a candidate that has been submitted by Quad Recruitment in the previous 6 months, the client shall pay Quad Recruitment the full success fee. (Paragraph 1. Fees)
5. Clients Obligations:
The client will notify Quad Recruitment in writing within 3 days of any offer of employment. The client will promptly pay invoices. The client will be available for conversations with Quad Recruitment and answer emails as fast as possible with the required information. The client will do all appropriate candidate legality checks before employment commences. The client will indemnify Quad Recruitment against any claims arising from the candidate’s introduction to the client or any qualified third party.
6. Governing Law:
This Agreement is executed and intended to be performed in the State of New York and the laws of the State of New York without regard to conflict of laws principles shall govern its construction, interpretation, and effect. A suit, claim, or other action to enforce the terms of this Agreement shall be brought exclusively in the United States District Court for the Southern District of New York or the state courts of New York County, New York. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive any objections either may have to that court asserting jurisdiction over the Parties or their assets and property.
7. Force Majeure:
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the Party in question.
The Parties agree that no failure by either Party to enforce the performance of any provision in this Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
9. Waiver of Jury Trial:
To the extent permitted by applicable law, each party hereto irrevocably waives all right of trial by jury in any action, proceeding, or counterclaim based on, or arising out of, under or in connection with this Agreement, any other Transaction Document, or any matter arising hereunder or thereunder.
10. Quad Recruitment liability:
(i) Except as otherwise provided in section 8, in no event will either party be liable to the other or to any third party for any loss of use, revenue, or profit, loss of data, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence or otherwise), regardless of whether such damages was foreseeable and whether or not such party has been advised of the possibility of such damages.
(ii) Except as otherwise provided in section 8, in no event will either party’s liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Company pursuant and about the specific assignment and introduction giving rise to the alleged loss.
(iii) Company accepts no liability to the client whether in contract, tort (including negligence), breach of statutory duty, mistake, misrepresentation or any other act or omission on the part of company, its servants, agents or employees or otherwise howsoever for (1) any loss, damages or expense arising directly or indirectly as a consequent of any act or omission (whether negligent, dishonest, fraudulent or otherwise) of any candidate during such time as he or she is being considered for appointment or is appointed or otherwise under the control or direction of the client and it shall be expressly agreed and understood between the client and company that: (i) only the client is in a position to assess and/or insure against risks in respect of or during or arising out of the period for which any candidate is appointed by the client; and, (ii) the charges made by company reflect only the services supplied and do not indicate acceptance of any liability for candidates; (2) any loss, damages or expense arising directly or indirectly as a consequence of candidate not meeting the client’s requirements for all or any portion of the purposes for which the candidate is required by client; and (3) any loss, damages or expense suffered by a candidate directly or indirectly.