This Direct Hire Services Agreement is entered into on this day of ___________, 2021 (the “Effective Date”), by and between LT Tech, Inc. (hereinafter “the Company”) and ______________________ (hereinafter “the Client”). Individually referred to as a “Party,” and collectively referred to as the “Parties.”
FEES AND PAYMENT
The Client agrees to pay the Company a Direct Hire placement fee of ______% within 60 days of acquiring employees.
PLACEMENT, SERVICES, AND COMPENSATION
Services. LT Tech will present candidates for direct hire by the Client. Based upon the Client’s independent review and analysis, the Client will hire candidates it determines to be suitable (each, a “Direct Hire”). Each Direct Hire will be an employee of the Client and will work under the sole management and direction of the Client. In no event shall the Direct Hire be deemed an employee of the Company.
The Client is solely responsible for the payment of the Direct Hire’s wages, expenses, benefits, workers’ compensation premiums, tax withholdings, and all other employer obligations. The Client is also responsible for checking references and confirming the accuracy of resumes.
Any background checks performed by the Company are made at the Client’s request and are not intended to be exhaustive. The Company does not warrant the results of such checks.
Previous Knowledge. Once the Company presents a resume, the Client is precluded from claiming previous knowledge of this candidate unless it notifies the Company within ______ business days of the referral. “Previous Knowledge” means that the Client can demonstrate it had prior contact with, and received the resume of, the referred candidate within the past 3 months. If the Client demonstrates Previous Knowledge, no placement fee will be owed.
TERM AND TERMINATION
This Agreement shall remain in effect for a period of ________ years from the Effective Date. After the initial term, the Client may opt to renew the Agreement by notifying the Company.
Either Party may terminate this Agreement with 30 days’ written notice. The Company may terminate the Agreement at any time for non-payment of fees. Termination does not relieve either Party of outstanding obligations, including Client’s obligation to pay all fees.
NOTICE
All notices required under this Agreement shall be sent to the addresses set forth in the signature section below (or to any updated address provided in writing). Notices may be delivered by hand, courier, overnight delivery service, registered/certified U.S. Mail, or electronic mail to: ____________________. Notice is deemed given when received.
CONFIDENTIALITY
Each Party agrees that it may access confidential and proprietary information of the other Party. Neither Party shall disclose such information to any third party without written consent. Each Party shall take reasonable steps to protect such information. Confidential Information includes the terms of this Agreement.
LIMITATION OF LIABILITY
Each Party’s liability under this Agreement is limited to direct damages and shall not exceed the total fees paid or owed by the Client to the Company during the ______ period. Neither Party shall be liable for punitive damages, loss of profit, goodwill, or other indirect or consequential damages. This section shall survive termination.
MUTUAL INDEMNIFICATION
Each Party shall defend and indemnify the other Party against all claims, including bodily injury and property damage, arising directly from the indemnifying Party’s actions, omissions, negligence, or willful misconduct. This includes reasonable attorney’s fees and shall survive termination.
NON-DISCRIMINATION
The Company is an equal opportunity employer and refers candidates without regard to race, religion, color, age, sex, sexual orientation, marital status, national origin, disability, veteran status, or any protected classification under applicable law. The Client agrees to accept placements consistent with this policy.
COMPLIANCE WITH LAWS
Both the Client and the Company agree to comply with all applicable federal, state, and local laws and regulations.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed under the laws of the State of New Jersey. Any disputes shall be resolved in New Jersey courts.
SEVERABILITY
If any provision of this Agreement is deemed invalid, the remainder shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties and supersedes all prior agreements. It may only be amended in writing with the consent of both Parties. A waiver of any term shall not be deemed a waiver of future compliance.
ASSIGNMENT
Neither Party may assign or transfer its rights or obligations without prior written consent from the other Party.
NOW, THEREFORE, THE PARTIES EXECUTE THIS AGREEMENT AS FOLLOWS:
Client Name: ____________________ Company Name: ____________________
Signature: _______________________ Signature: _______________________
Date: ____________________________ Date: ___________________________
Address: _________________________ Address: ________________________
Phone: ___________________________ Phone: __________________________
Email: ___________________________ Email: __________________________