DIRECT HIRE SERVICES AGREEMENT
This Direct Hire Service Agreement is entered into on this day of ___________ 2021 (the ‘Effective Date’), by and between Reliant Tech. Inc. (hereinafter ‘the Company’) and ______________________ (hereinafter, ‘the Client’). Individually referred to as “Party”, and collectively referred to as “Parties”.
- PLACEMENT, SERVICES AND COMPENSATION
- Services. Reliant Tech will present candidates for direct hire by Client. Based upon Client’s independent review and analysis, Client will hire candidates it determines be suitable, (each, a “Direct Hire”). Each Direct Hire will be an employee of Client and will work under the sole management and direction of Client. In on event shall the Direct Hire be deemed an employee of the Company. Client is, solely responsible for obtaining any work payment of the Direct Hire’s wages, expenses, benefits, workers compensation premiums, withholding of all taxes, and all employer responsibilities. Moreover, Client is solely responsible for checking references and confirming the accuracy of resumes. Any background checks performed by the Company are made at Client’s request and are not intended to be an exhaustive check of employment, education or other background information, and are not warranted in any way by the Company.
- Fees and Payment. The Client agrees to pay the Company a Direct Hire placement fee of ______% within 60 days of acquiring employees.
- Previous Knowledge. Once the Company presents a resume, Client is precluded from claiming previous knowledge of this candidate unless it notifies the Company of its previous knowledge within ______ business days of the Company’s referral. “Previous Knowledge” means that the Client can demonstrate that they have had contact with and received the resume of, the referred candidate within the last 3 months. If Client demonstrates Previous Knowledge of a candidate, no Client Fee is earned.
- TERM AND TERMINATION
This Agreement shall remain in effect for a period of ________ years as of the Effective Date. After the first term is concluded, the Client can opt to renew the Agreement by notifying the Company. Either Party may terminate this Agreement with 30 days written notice to the other party. The Company may terminate this Agreement at any time for non-payment of any amounts due to the Company. Termination of this Agreement shall not relieve either Party of its obligation hereunder, including but not limited to Client’s obligations to pay all Fees.
All notices and other communications which may be or are required to be given to any other party pursuant to this Agreement will be given to the address set forth in the signature block hereto (or such other address as is directed in writing as the notice address, as follows: by hand delivery (including by courier), recognized overnight delivery service, postage prepaid U.S Mail (registered or certified mail with confirmation of delivery) or through electronic mail to ___________________. Notice will be deemed to be given on the date such communication is actually received.
Each Party acknowledges and agrees that in performing its obligations under this Agreement it may have access to valuable trade secrets and confidential information of the other party. Neither party shall disclose confidential information to a third party without written consent. Each party agrees that it shall take steps reasonably necessary to preserve and protect the confidentiality of the Confidential Information. In addition, Confidential Information shall include the terms of this Agreement.
EACH PARTY’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO OTHER PARTY’S DIRECT DAMAGES AND SHALL NOT EXCEED THE CLIENT FEE(S) PAID OR OWING TO THE COMPANY BY CLIENT FOR THE SERVICES HEREUNDER DURING THE ______ PERIOD. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE FOR PUNITIVE DAMGES, LOSS OF PROFIT, LOSS OF GOODWILL OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY THE OTHER PARTY UNDER THIS AGREEMENT WHETHER IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Each Party shall defend and indemnify the other party from and against any and all suits and claims, including claims for bodily injury and tangible personal property damage, as well as reasonable attorney’s fees and other expenses (collectively, the “Claims”), to the extent directly arising out of the Indemnifying Party’s acts, omissions, negligence or willful misconduct in performance of the obligations hereunder. The provisions of this Section shall survive the termination of this Agreement.
The Company is an equal opportunity employer, and agrees to refer qualified applicants regardless of their race, religion, color, age, sex, sexual orientation, marital status ], national origin, handicap condition, veteran/disabled veteran status, or any other classification protected under applicable federal, state or local law. Client agrees to accept all placements in conformance and furtherance of this policy.
Both the Client and the Company agree to comply with all federal, state and local laws and regulations covering the Contract site.
This Agreement will be governed by and construed in accordance with the law of the state of New Jersey. Any disputes arising in connection with the subject matter of this Agreement shall be submitted to the jurisdiction of New Jersey courts.
Should any part of this agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining parts of this agreement. Such remaining parts shall remain in full force as if this agreement had been executed with the invalid part eliminated.
- ENTIRE AGREEMENT
This Agreement contains the entire written agreement of both parties and supersedes all prior agreements and understanding between the parties and may not be changed or modified except in writing with the express written consent of all parties to this Agreement. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this Agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
Neither Party may transfer or assign any of its rights or obligations under this Agreement without the prior written consent of the other, nor will such transfer or assignment or attempt thereat be null and void.
NOW, THEREFORE, THE PARTIES EXECUTE THIS AGREEMENT AS FOLLOWS
Client Name: ____________________ Company Name: ________________
Signature: ______________________ Signature: ____________________
Date: _________________________ Date: ______________________
Address: _____________________ Address: ___________________
Phone: ______________________ Phone: ____________________
Email: ________________________ Email: ____________________
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