Terms and Conditions
Welcome to Fractional Sales Inc. ("we," "us," or "our"). These Terms and Conditions ("Terms") govern the relationship between Fractional Sales Inc. and our clients ("Client" or "you"), as well as candidates we engage with for recruitment purposes. By engaging our services, you agree to be bound by these Terms.
1. Scope of Services
1.1 Recruitment Services: We provide professional recruitment services, including but not limited to sourcing, soliciting, and presenting candidates for job opportunities with our Clients.
1.2 Candidate Solicitation: We are expressly authorized to actively solicit candidates through various methods, including direct outreach, job postings, social media, networking, and referrals, to identify and recruit qualified individuals for positions specified by the Client.
1.3 Client Specifications: The Client shall provide us with detailed job descriptions, qualifications, and any other relevant criteria to guide our candidate solicitation and selection process.
2. Candidate Solicitation and Engagement
2.1 Solicitation Authority: The Client grants us the right to solicit candidates on their behalf, including contacting individuals who may not have applied directly for the role but whom we deem suitable based on our expertise.
2.2 Candidate Representation: We may represent candidates to the Client without requiring prior candidate consent for initial introductions, provided such actions comply with applicable privacy and employment laws.
2.3 Non-Exclusivity: Unless otherwise agreed in writing, our solicitation of candidates does not preclude the Client from independently sourcing candidates, nor does it grant us exclusive rights to fill a position.
3. Fees and Payment
3.1 Fee Structure: Our fees for successfully placing a candidate shall be [specify structure, e.g., a flat fee of 25% of the candidate’s first-year salary, payable within 30 days of the candidate’s start date with the Client.
3.2 Solicitation Costs: Fees cover all solicitation efforts, including advertising, outreach, and candidate screening, unless otherwise specified in a separate agreement.
3.3 No Fee for Unsuccessful Solicitation: We shall not charge the Client for candidates solicited but not hired, unless agreed otherwise in writing.
4. Client Responsibilities
4.1 Accurate Information: The Client agrees to provide accurate and complete information regarding job requirements and company details to facilitate effective candidate solicitation.
4.2 Hiring Decisions: The Client retains sole discretion over hiring decisions and is responsible for verifying candidate qualifications, references, and eligibility to work.
4.3 Notification: The Client shall notify us within 14 days of hiring any candidate we present, including those solicited by us, to ensure proper invoicing.
5. Candidate Placement and Guarantees
5.1 Probationary Period: If a candidate we place terminates employment within 90 days of their start date for reasons unrelated to Client misconduct or role misrepresentation, we will solicit and present a replacement candidate at no additional fee, provided all fees for the original placement have been paid.
5.2 No Warranty: While we strive to solicit and present qualified candidates, we do not guarantee the performance, suitability, or retention of any candidate hired by the Client.
6. Confidentiality and Data Protection
6.1 Confidential Information: Both parties agree to keep confidential any proprietary or sensitive information shared during the recruitment process, including candidate data and Client business details.
6.2 Compliance: Our solicitation of candidates will comply with applicable data protection laws (e.g., GDPR, CCPA), and we will only use candidate information for the purpose of fulfilling our services under these Terms.
7. Non-Solicitation by Client
7.1 Agency Protection: The Client agrees not to directly solicit or hire candidates presented by us for the same position within 3 months of introduction without engaging our services and paying the applicable fee, unless the candidate independently applies to the Client without our involvement.
7.2 Exceptions: This restriction does not apply to candidates the Client already knew or engaged with prior to our introduction.
8. Termination
8.1 Termination by Either Party: Either party may terminate this agreement with [X] days’ written notice.
8.2 Outstanding Fees: Termination does not relieve the Client of the obligation to pay fees for candidates hired as a result of our solicitation efforts prior to termination.
9. Limitation of Liability
9.1 No Indirect Damages: We shall not be liable for any indirect, incidental, or consequential damages arising from our solicitation efforts or candidate placements.
9.2 Cap on Liability: Our total liability under these Terms shall not exceed the fees paid by the Client for the specific placement in question.
10. Governing Law and Dispute Resolution
10.1 Jurisdiction: These Terms shall be governed by the laws of [State/Country].
10.2 Disputes: Any disputes arising under these Terms shall be resolved through [negotiation, mediation, or arbitration] in [location], as mutually agreed by the parties.
11. Amendments
11.1 Updates: We reserve the right to update these Terms at any time, with changes effective upon written notice to the Client. Continued use of our services after such notice constitutes acceptance of the revised Terms.
12. Entire Agreement
12.1 Superseding Terms: These Terms constitute the entire agreement between the parties regarding our recruitment services and supersede any prior agreements or understandings, unless otherwise specified in a signed contract.