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Recruiting Agency Contract
"I need a Recruiting Agency Contract for my Sydney-based tech company that focuses on permanent IT placements, includes a 3-month replacement guarantee, and has strict data protection clauses for handling candidate information."
1. Parties: Identifies the recruitment agency and the client company, including their legal entities and registered addresses
2. Background: Sets out the context of the agreement, including the agency's business and the client's recruitment needs
3. Definitions: Defines key terms used throughout the agreement including 'Candidate', 'Placement', 'Fees', 'Permanent Placement', 'Temporary Placement'
4. Services: Details the recruitment services to be provided by the agency, including search, screening, and candidate presentation processes
5. Fees and Payment Terms: Outlines the fee structure, payment schedules, and conditions for permanent and temporary placements
6. Agency Obligations: Sets out the agency's responsibilities including candidate screening, reference checks, and compliance with legislation
7. Client Obligations: Defines client responsibilities including information provision, confidentiality, and direct hiring restrictions
8. Warranties and Representations: Statements of assurance from both parties regarding their capacity and authority to enter the agreement
9. Confidentiality: Provisions for handling confidential information including candidate details and client information
10. Data Protection: Compliance requirements with privacy laws and data protection regulations
11. Termination: Conditions and processes for ending the agreement
12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions
1. Replacement Guarantee: Terms for candidate replacement if a placement fails within a specified period - used when offering replacement guarantees
2. Volume Discounts: Structure for reduced fees based on placement volume - included for clients with high recruitment volumes
3. International Placements: Additional terms for cross-border recruitment - used when international placements are offered
4. Temporary to Permanent Conversion: Terms for converting temporary staff to permanent employees - included when temporary staffing is offered
5. Service Level Agreement: Specific performance metrics and service standards - used for larger or more complex recruitment arrangements
6. Non-Solicitation: Restrictions on hiring agency staff - included when protecting against staff poaching is a concern
1. Fee Schedule: Detailed breakdown of all fees, including placement fees, temporary staffing rates, and additional services
2. Service Description: Detailed description of recruitment processes, methodologies, and service delivery standards
3. Replacement Guarantee Terms: Detailed terms and conditions of the replacement guarantee including exclusions
4. Data Processing Agreement: Specific terms for handling personal data in compliance with privacy laws
5. Key Performance Indicators: Metrics for measuring service delivery performance
6. Approved Client Locations: List of client locations covered by the agreement
Authors
Professional Services
Technology
Healthcare
Manufacturing
Financial Services
Mining
Construction
Retail
Education
Government
Telecommunications
Energy
Transport and Logistics
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Human Resources Director
HR Manager
Talent Acquisition Manager
Recruitment Manager
Legal Counsel
General Counsel
Procurement Manager
Operations Director
Chief Human Resources Officer
Business Unit Manager
Finance Manager
Contracts Manager
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