Terms And Conditions
Your acceptance of referrals from Andiamo! Group shall be conclusive evidence of your acceptance of our schedule of fees, terms and conditions, unless both parties have signed a written modification. BY ACCEPTING REFERRALS FROM OR ENGAGING THE SERVICES OF AN ANDIAMO! GROUP EMPLOYEE OR REPRESENTATIVE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Andiamo! Group will provide qualified candidates for interviews according to the personnel requisition and requests supplied to Andiamo! Group by «Company».
«Company» shall pay a fee of 30% of the starting annual compensation for each candidate placed with «Company». In the event that «Company» hires an Andiamo! Group candidate on a commission only basis, «Company» shall pay a fee of 30% of the starting annual compensation, as described to Andiamo! Group at the time the requisition was supplied to Andiamo! Group. «Company» shall not be obligated to pay any other fees nor reimburse any expenses incurred by Andiamo! Group, excepting any requested 3rd party background checks.
Andiamo! Group will invoice «Company» upon candidate’s acceptance of offer of employment from «Company». «Company» shall pay Andiamo! Group 100% of the fee no later than the candidate’s start date. A monthly 1.5% charge will be applied to any unpaid balance after day 31 of the candidate’s start date. If Andiamo! Group is required to take any action to collect any fees (including interest on unpaid fees) that are not paid when due under the terms of this agreement, «Company» shall be obligated to reimburse Andiamo! Group for its reasonable costs of collection, including attorneys’ fees.
«Company» agrees that the previous posting of a candidate’s resume, the appearance of a candidate’s name, persona, image or personal history, on the Internet or in a non-active status in a corporate database does not constitute a meaningful relationship with the candidate or preclude the obligation of a fee to Andiamo! Group. In the event that a candidate is referred to «Company» by Andiamo! Group and any other third-party, «Company», will determine which company is entitled to a recruitment fee according to the date and time that the candidate was initially referred. If «Company» is unable to determine without question which company should receive the fee, «Company» will pay a split fee to the companies involved.
A candidate referral shall be considered valid for a period of one year from the date of said referral and Andiamo! Group shall be entitled to a recruitment fee if the candidate is hired for this or any other position, by «Company» or a subsidiary, affiliate, or related company, within this timeframe, whether in the capacity of employee or independent contractor.
3.0 NON SOLICITATION AND NON HIRE OF EMPLOYEES:
Company» will not solicit or hire, directly or indirectly, any Andiamo! Group employee, whether currently employed or previously employed at Andiamo! Group within the last six (6) months, through the duration of this Agreement and for a period of twelve (12) months following its termination. Failure to comply with such provision will result in a penalty for each solicitation or hire equal to a flat fee of $25,000. An exception to this prohibition may be agreed to in advance of such solicitation in writing by Andiamo! Group.
If any disputes arise under this Agreement, authorized representatives of all parties shall meet to attempt to resolve such disputes. If these disputes cannot be resolved by these representatives within 30 days, a binding arbitration shall be held. The rules of the American Arbitration Association shall apply, provided, however, that:
- a) The arbitration shall be held by a single arbitrator mutually acceptable to both parties. If the parties cannot agree on a single arbitrator, each party shall identify one independent individual who shall meet to appoint a single arbitrator.
- b) The arbitrator’s decision shall be considered as a final and binding resolution of disagreement which may be entered in judgment by a court of competent jurisdiction.
- c) Neither party shall sue the other where the basis of the suit is this Agreement except for enforcement of the arbitrator’s decision in the event that the other party is not performing according to the arbitrator’s decision.
Upon termination of this agreement, all terms of this contract will remain in effect for all candidates submitted, in process, or hired by the date of termination. Either party may terminate this Agreement without penalty by giving the other party a (30) thirty days written notice of its intent to terminate the Agreement.
This agreement gives «Company» the sole responsibility to determine the suitability and competence of the candidate in a direct-hire or temporary situation.
This agreement provides that Andiamo! Group and «Company» may communicate and reach binding agreements via e-mail.
8.0 EQUAL OPPORTUNITY EMPLOYER:
Andiamo! Group understands that «Company» is an equal opportunity employer and does not discriminate on the basis of race, sex, age, national origin, religion, physical or mental handicap/disability, marital status, veteran status, sexual orientation, or any other basis prohibited by law.
9.0 EQUAL OPPORTUNITY AGENCY:
Andiamo! Group represents that it is an equal opportunity employer and agrees that all referrals will be made in conformance with all equal opportunity laws and «Company»’s nondiscrimination policies and will not directly or indirectly violate the letter or spirit of such laws and policies.
If either «Company» or Andiamo! Group breaches paragraphs 8.0 or 9.0 above, each party agrees to indemnify and hold the other party and its officers and employees harmless from any claims brought by or on behalf of applicants caused by such breach.
11.0 GOVERNING LAW:
This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of California.