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Terms And Conditions
 
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Executive Search
Our fees for this approach are charged at 33% of the first year’s salary in three stages: retainer (11%) at the commencement of the assignment, short list (11%) at the presentation of at least three suitable candidates and placement (11%) on the successful placement of one of our candidates. All candidate expenses are charged to the client, although major items would
be agreed with the client in advance.

Advertised Campaign
Fees are charged at 20% of the first year’s salary in three stages: retainer (7%) at the commencement of the assignment, short list (7%) at the presentation of at least three suitable candidates and placement (6%) on the successful placement of one of our candidates. Advertising costs (which would be agreed with the client in advance) and all reasonable candidate expenses are charged to the client. Fees and costs for Search and Advertised Assignments will be detailed in a separate assignment proposal. All other terms detailed here will apply to assignment work except any other clause excluded or varied in the assignment proposal.

File Search / Database Search
25% of the fees charged are payable in advance by the client for full-time and part time employment, fixed term contracts or consultancy arrangements as per the following yearly scale:
Up to $ 7500: 8.33%
Up to $ 15000: 12.5%
Up to $ 25000: 16.66%
The balance of our fees are payable upon receipt of the candidate’s written acceptance of the offer of employment.

In case where no specific starting salary has been specified and where remuneration is based on a commission or other form of payment other than an agreed rate or total remuneration, a fee plus a percentage of the total commission will be agreed in advance, in writing.

Payment terms and basis of calculation
All invoices for consultancy fees and expenses are payable within seven days of their invoice date or seven days after the candidate commences employment, whichever is the later.

Basic remuneration is deemed to be inclusive of any contractual agreement that guarantees an increase in the candidate’s basic salary, where a car / housing allowance is included as part of the remuneration package, this will be deemed to represent additional $5,000 guaranteed remuneration.

Refunds
Refunds apply to full-time/part-time employment only and provided the fees have been paid within our normal terms of business, a pro rata refund will be made should the candidate’s employment be validly terminated as a result of poor performance or disciplinary matters (excluding redundancy):

Termination of employment within 1 week: Full refund.
Termination of employment within 4 weeks: 70% of fee refunded.
Termination of employment within 8 weeks: 30% of fee refunded.
Termination of employment within 12 weeks: 10% of fee refunded.

Refunds will only be given if you notify us in writing of the termination of the
candidate’s employment within five working days of the date of termination.
Any refund would be calculated from the date that the candidate leaves the

Client’s Employment.
No refunds will be provided where a fee discount has been given, unless otherwise
stated in writing by us.

Employment Offers
Where an offer of employment has been made to the candidate in writing by the client and is subsequently withdrawn after acceptance by the candidate through no fault of the candidate’s, 70 % the normal recruitment fee will be payable by the client.

Where there is an intention to offer a formal contract of employment to a candidate after an initial trial or probationary period or after a fixed term contract or otherwise, it will be deemed that an agreement has been entered into between the candidate and the client for full time/part-time employment. Normal fees will be charged.

Duplication of Candidature
Upon receipt of a candidate’s career details submitted by Protech, a client should notify us within 48 hours if that candidate has applied directly or been submitted by another agency or we will regard our introduction as valid.

Where a candidate has been submitted and is initially rejected by the client, or if the candidate rejects an offer of employment and is subsequently employed by the client in any capacity up to and including 12 months after the initial introduction date, the client shall be responsible for the full applicable fee resulting from such employment.

Travel Costs
Consultant input into the review process is without charge. However where Protech staff or Potential candidates are required to travel on behalf of the client, this will be charged at cost. All such invoices will be invoiced monthly and full details given.

Confidentiality
All information supplied by us is strictly confidential and must not be released to any third party without prior written consent.

Permission To Work
The responsibility for confirming a candidate’s right to work lies with the client. Protech will make reasonable attempts to confirm a candidate’s right to work. Should Protech become aware that a candidate does not have the right to work in a particular country after submission to the client, we will draw this to the attention of the client

Reference Checks
We do not take up references on candidates unless specifically requested to do so and we have the candidate’s explicit permission. We take no responsibility for the accuracy or otherwise of any references or any other information supplied by the candidates.

The final decision as to the suitability of the candidate rests solely with the client. We accept no liability whatsoever on behalf of ourselves, our servants or agents for any loss of profit or any indirect special or consequential loss arising out of or in connection with any introduction made

Validity
The term of this agreement shall commence as of the date given here of and shall be in full force and effect for an initial term of two (2) years, thereafter provided, however, that this agreement may be renewed for additional successive renewal periods upon written consent at least thirty days in advance by either party.

Modifications and Changes
These terms and conditions of business constitute the entire agreement and understanding of the parties and supersede all prior terms and conditions, agreements, understandings, and arrangements with respect thereto and may be modified only by an instrument in writing signed by both the parties or their authorised representative.

Jurisdiction
These terms and conditions of business shall be governed by and construed in all respects in accordance with the Laws of India and each party hereby submits to the non-exclusive jurisdiction of the Indian Courts.

 
 
 
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