AmdoSoft Standard Permanent Placement Terms

TERMS OF SERVICE FOR CLIENT INTRODUCTION OF PERMANENT OR CONTRACT STAFF (FOR DIRECT EMPLOYMENT BY CLIENT)

1. DEFINITIONS
   1.1. In these Terms of Business the following definitions apply:

“Applicant”
The term “Applicant” and “Candidate” refers to the individual introduced by the Agency to the Client for an Engagement.

“Client”
means the person; firm or corporate body together with any subsidiary or associated Company to which the Applicant is introduced;

“Agency”
means AmdoSoft Systems LTD

“Engagement”
means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; directly or through a limited company of which the Applicant is an officer or employee

“Introduction”
means (i) the Client’s interview of an Applicant in person, online or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the
Client of a curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;

“Remuneration”
means total compensation, including base salary or fees, guaranteed and/or anticipated bonus and commission earnings.

1.2 Unless the context requires otherwise, references to the singular include the plural.

1.3 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2. THE CONTRACT

2.1 These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction..

2.2 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.

2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

3. NOTIFICATION AND FEES
   3.1. The Client agrees:
4. a) To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;
5. b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
6. c) To pay the Agency’s fee within 21 days of the date of invoice.

3.2 The Client incurs the Agency’s fee upon the signing of an employment contract between the Applicant and the Client (or any associated entity of the Client). The Agency will render an invoice to the Client for its fees immediately upon receiving notification or evidence of the signed contract as stipulated in Clause 3.7.

3.3 The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 21 days at the rate of 5% from the due date until the date of payment.

3.4 . The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the Fee detailed below on the Remuneration applicable during the first 12 months of the Engagement. Taxes will be charged on the fee if applicable.

Introduction Fee
The fee is calculated as follows:

• 25% (unless otherwise agreed)

3.5 In the event that the Engagement is for a fixed term of less than 12 months, the fee in clause 3.4 will apply pro-rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable.

3.7 The Client is required to:
a) Notify the Agency immediately upon the signing of an employment contract between the Client (or any associated entity of the Client) and the Applicant; and
b) Provide the Agency with a copy of the signed employment contract within 5 business days of its execution.

3.8. If the Client does not disclose the Applicant’s total annual Remuneration within 5 business days of the Agency’s request:
a) The Agency reserves the right to estimate the Remuneration based on comparable industry roles, Applicant-provided data, or publicly available information.
b) The Client may request a revised invoice within 7 calendar days by providing evidence of the actual Remuneration.

4. REFUNDS & REPLACEMENT
   4.1 In order to qualify for the following refund, the Client must pay the Agency’s fee within 21 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.

4.2 If the Engagement terminates before the expiry of 8 weeks from the commencement of the Engagement (except where the Applicant is made redundant) part of the fee will be refunded in accordance with the accompanying Scale of Refund set out below: –

Week in which Applicant Leaves % of Introduction Fee Refunded

• Before the 1^st week 90%
• up to 4 weeks 50%
• Up to 8 weeks 25%

As an alternative to a refund, the Agency will make reasonable efforts to provide a replacement candidate who closely matches the qualifications of the original applicant within a reasonable time frame.

4.3 In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.

5. INTRODUCTIONS

5.1
Introductions of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 12 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement to any refund.

5.2
An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.

5.3
Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.

6. SUITABILITY AND REFERENCES
   6.1
   The Client shall determine the Applicant’s suitability, including obtaining references, work permits, and ensuring compliance with legal requirements.
7. LIABILITY
   8.1 The Agency accepts no liability for any loss arising from the Engagement.
8. CROSS-BORDER RECRUITMENT

8.1 In the event that the Client is registered in a country that requires a special license for arranging commercial placements by law, the Agency will work in conjunction with a third-party recruitment agency based in that country with the appropriate license. The placement shall be processed by the third-party recruitment agency under the terms and conditions set out in this document. 

9. LAW
   9.1 These Terms are governed by the local jurisdiction of the Client.
10. ACCEPTANCE

10.1 By reviewing Candidate profiles provided by the Agency, the Client agrees to be bound by these Terms.