Hiring Services Agreement

This agreement of providing Placement services on Commission/Percentage basis entered at New Delhi on  17th April 2019 between Space Consultant, a proprietor firm, having its registered office at 122 Golf Vista Apartment Alpha 2 Greater Noida U.P 201310  (hereinafter referred to as “Consultant/First Party”) and ___________________________________           having its registered office at ________________________________________________________________________,  (hereinafter referred to as “Client”)

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

The Company and the Consultant have agreed upon terms and conditions for the engagement, as follows:

1.Period of Agreement

This Agreement shall continue in full force & effect unless otherwise terminated as described in the Section 11 (“Termination”) of this Agreement.

2.Details of Assignment

This Agreement shall govern the key terms of all assignment details in the event of a conflict. Either party can approach the other at any point of time during the validity of this agreement for any amendments / changes to the schedule (s) attached with this agreement.

3.Commercials

A.  8.33% of annual CTC (Approx 1 month salary) for per joined candidate.  

4.Taxes

All taxes, wherever applicable, shall be paid by the client over & above the fee

5.All payments will be made in favour of ‘Space Consultant’

6.Billing

a. Consultant will raise a bill/invoice upon a candidate’s joining Client as a result of Consultant’s placement efforts.

b.All billing will be done based on the offer made by Client to the candidate. Client will share such offer details with Consultant, as required

c.Fee will be calculated on the basis of the Cost to the Company (CTC) including all components of the salary including joining bonus, stock options, Employer Contribution to PF & ESI, Bonus and incentive if any, club or other membership perks

7. Terms of payment

a.Client will make full payment of a bill within 15 days of the joining of a candidate, subject to deduction of TDS if any.

b.All payments will be made in favour of ‘Space Consultant’

8. Candidate replacement

a.Should a placed candidate leave Client within 60 days of joining (to be measured by the date of separation and subject to Client’s sharing with Consultant, copy of a documentary proof supporting the candidate’s exit from the organization), Consultant will find a suitable replacement as soon as possible. Replacement period will be reduced by the number of days; payment has been delayed by client.

b.Such replacement will be subject to the condition that the separation of the candidate has not happened because of:

A.     Client terminates the services of the selected employee or asked the candidate to resign.

B.     Replaced candidate also left the client company (Only one replacement will be provided by the consultant).

C.Request for replacement will have to be made by Client to Consultant within 10 days of a candidate’s exit.

D. Salary is below Rs 20000/- PM

E. Payment is over delayed more than 15 days(Payment not made within 60 days of joining).    

9. Non-Disclosure

a.Consultant shall maintain confidentiality of all information received from Client, including but not limited to employee requirements, level of skills required, and other information regarding (that is not in the public domain) Client

b.Client shall not disclose specific information on candidates such as assessment scores, or any other information provided by Consultant to Client including performance reports, market intelligence information and may use this only for its own hiring purposes. Client may not use the information for other Affiliated Companies (companies within the same corporate group, joint ventures etc.) or partners without the prior permission and approval of Consultant.

10.Ending the Agreement

a. This Agreement can be terminated by either Party upon giving thirty (30) days’ prior written notice.  In addition to other relief, either Party may terminate this Agreement if the other Party breaches any material provisions of this Agreement, and fails, after receipt of notice of default, to correct such default promptly or to commence corrective action

b. It is explicitly provided that Client shall pay for services already performed prior to the date of such notice. Client shall remain obligated to pay for Services performed up to and including the date of termination, provided Consultant continues to perform the scheduled Services as outlined in this Agreement till such date

11.Force Majeure

Consultant’s failure to satisfactorily perform its obligations under this Agreement as a result of conditions beyond its control such as, but not limited to, natural disasters, war, strikes, fires, floods, “Acts of God”, or damage & destruction of infrastructure, shall not be deemed a breach of this Agreement

12.Resume Validity

Any resume sent by Consultant to Client will be recorded in Client’s active recruitment database as a valid Consultant resume for a period of 12 months from the date of receiving that resume. During that period, if such candidate is hired by Client, it will be deemed as a candidate hired using Consultant’s services and the terms of this agreement will apply

13.Survival

The Section 9, “Non Solicitation”, Section 10, “Non Disclosure” and Section 14, “Validity of Resumes” shall survive termination of this Agreement.

14.  Other important conditions

· Consultant is not responsible for candidate for any misappropriation of fund/cash etc.  

· Consultant will charge interest @12% P.A if bill is not paid on due date.

· A candidate is treated as Ineligible to apply if he/ she has been interviewed in last 3 months with client.  

.

Details of Assignment

Consultant will perform the following Contingency (non-exclusive) Hiring Services:

· Source the talent specified by Client

· Initial screening/shortlist of the candidates

· Act as an interface between Client and the candidates

· Facilitate meetings/interviews for Client with the candidates and if required other events to facilitate further interaction with the candidates

· Identify specific requirements, constraints and preferences of the candidate

· Stays engaged with the candidate on behalf of Client and provide the necessary  follow-ups with the candidate till the candidate joins

· Provide necessary reporting requirements to Client with updates on status of candidates in various stages of the recruitment process

For Space Consultant                                                                    For _____________________

(Mandeep Gupta)                                                                       ( Sign, Name , Designation and Stamp)

CEO