3. THE CONTRACTOR’S AND THE CUSTOMER’S DUTIES
3.1. For the purpose of providing the Services the Contractor conducts a preliminary assessment of the Candidate's suitability for the Vacant Position. This assessment may include: (1) conducting an interview between the Candidate and the Contractor to determine the Candidate's suitability for the Vacant Position, information on which is provided by the Customer; (2) requesting documents and information from the Candidate upon the Customer’s separate request; (3) arranging negotiations between the Candidate and the Customer’s responsible representatives; (4) at the Customer’s request collecting and providing recommendations on the final Candidates.
In addition to the above, the Contractor may also provide other services in relation to the matters provided for in these Terms of Business. Such additional services should be agreed upon by the Parties separately on the basis of a separate invoice issued to the Customer.
3.2. The Contractor will perform its Services with extreme care and will do its utmost to select the most suitable Candidate(s) by assessing them based on experience, competencies and references, however the Contractor shall not be responsible for the final selection of the Candidate made by the Customer therefore cannot be held liable for the authenticity of the documents provided by the Candidate and for the accuracy of the information contained therein, nor for the Candidate's refusal to provide such documents. The Contractor shall not be liable for the authenticity of recommendations provided by third parties, the Contractor shall only transmit the information received to the Customer in unchanged form.
If a Candidate who refuses to provide the Contractor with documents or information/provides false information is engaged by the Customer, the Contractor's Services shall be deemed to have been duly rendered in full.
The Contractor shall not be responsible for obtaining work and other permits, for arranging any medical examinations and/or medical history tests for any Candidate to ensure any medical or other requirements or certifications required under the applicable law for the Candidate and the Customer relations.
3.3. The Contractor is obliged:
3.3.1. to start the search and selection of Candidates on the day of receipt, discussion and acceptance of the request from the Customer;
3.3.2. to advise the Customer on matters related to the Vacant Position at its request;
3.3.3. to conduct a search and draw up a preliminary list of Candidates;
3.3.4. to choose the methodology and sources / resources of search independently. The Contractor searches for Candidates independently, using its own resources, however, the fact of finding information about a potential Candidate on the Internet, in other media, including, but not limited to, on social media, shall not constitute grounds to consider the Candidate unrepresented by the Contractor to the Customer as part of the provision of Services under the agreement;
3.3.5. to conduct a careful selection of candidates who best meet the Customer's requirements and submit their CVs to the Customer for interviews;
3.3.6. to participate in the negotiations of the Customer with Candidates at request of the Customer;
3.3.7. to take action to inform the Candidate of all requirements related to the Engagement;
3.3.8. to discuss the Candidates with the Customer and assist the Customer in making a decision;
3.3.9. to communicate with the Customer after the Candidate has been engaged to ascertain the quality of the Candidate's work.
3.3.10. If the Customer fails to provide the information to the Contractor necessary for the performance of the Contractor’s duties, the Contractor will be required to notify the Customer of this and specify what the expected consequences will be if the Contractor performs its duties based on the incomplete information. If the Customer still demands that the Services be provided without changes, in spite of being warned of the consequences, the Customer will bear the risk of damage that may arise as a result of the lack of information.
3.4. The Customer is obliged:
3.4.1. to inform the Contractor regarding the necessary information to identify a suitable Candidate for each Vacant Position in writing and by sending messages by e-mail or by messengers before the start of the Services under the agreement. In this regard, the Customer shall in particular provide the following information:
a. the name and contact details of the employee involved in the recruiting process (such information must be communicated in respect of each Vacant Position provided to ensure effective communication);
b. the expected date of the Candidate's Engagement,
the Candidate's fixed or intended period of employment/engagement;
c. the name of the Vacant Position provided, including the job description of the respective Candidate, location and working hours;
d. experience, education, qualifications and any other permits that the relevant Candidate is required to have for the relevant Vacant Position (or other requirements imposed by the applicable law or the relevant professional organization);
e. the minimum and maximum level of remuneration, compensation or other benefits for the relevant Vacant Position, as well as the procedure for their payment.
Providing incorrect or inaccurate information may increase the time taken to find Candidates.
3.5. In the event of selecting a Candidate suitable for the Customer and deciding to hire/engage in other manner the Candidate, the Customer is obliged to inform the Contractor in writing (by mail or electronic means of communication) of the date and conditions of hiring/engagement of the Candidate, together with providing the necessary billing information, including details of salary, bonuses, benefits and other compensation payments, no later than three (3) working days after the Candidate accepts the Customer's offer, but in any case no later than the date of the Candidate's Engagement.
If the Customer breaches the obligation to notify the Contractor of the fact and date of the Candidate's Engagement, the Contractor may use the data provided by the Candidate. The Contractor shall be entitled to obtain confirmation from the Candidate introduced to the Customer and Assigned to the Contractor for the purposes of confirming the provision of Services and invoicing the Customer:
- the Customer's decision to engage the Candidate; and/or
- the date of the Candidate's Engagement; and/or
- the title of the position for which the Candidate is engaged; and/or
- the amount of the Candidate's Gross Annual Income.
The Contractor has the above right to contact the Candidate directly also in order to ‘double check’ the information provided by the Customer.
3.6. In the case of Engagement a Candidate introduced by the Contractor the Customer shall pay for the Contractor's Services in a timely manner, according to the invoice submitted for payment and in accordance with the terms of the agreement.
3.7. The Customer shall grant the accuracy of the information transmitted to the Contractor. If the Customer has provided incorrect information and the Contractor is not expected to recognize the incorrect nature of the information (not even under the duty of care and based on the professional knowledge that may be expected from professionals responsible for similar tasks) or the Customer maintains that the information it has provided is correct in spite of a warning received from the Contractor detailing the Contractor’s doubts about the information, the Customer will bear the risk of damage arising from the errors in the information it has provided.
3.8. The procedure of payment and Remuneration rate is to be agreed with the Customer is a separate agreement to which these Terms of Business are integral part.
3.9. In order to avoid discrepancies, the replacement of the Candidate shall only be for the same Vacant Position (a vacancy with the same functionality, the same requirements and in the same region as the original Vacant Position) in respect of the original Candidate and not for the replacement Candidate, and the Contractor shall only be obliged to replace once the original Candidate engaged for the same position by the Customer.
The Parties have agreed to consider as a waiver of the right to grant a one-time replacement the engagement of a candidate found by the Customer or third parties involved (including the promotion of an internal candidate), the closing of a staff position or the refusal of the Customer to find a replacement for the same Vacancy Position, of which the Customer shall notify the Contractor by e-mail.
The Parties may agree otherwise regarding the guarantee terms in a separate agreement to which these Terms of Business are integral part.
3.10. In the event of a conflict between these Terms of Business and the provisions of the separate agreement regarding the search and recruitment of Candidates to which these Terms of Business are integral part, the provisions of the agreement shall take precedence.
3.11. For reasons of better readability and convenience, these Terms of Business are written in a gender-neutral language, avoiding male or female linguistic forms. All personal designations used herein are to be construed as applying to all genders.
3.12. Should one or more of the provisions of these Terms of Business be or become invalid or legally unenforceable, this shall not affect the validity of the remaining provisions.