contract

BayDentalStaffing.com & (CLIENT NAME)
Mehdi Ammari, Founder

AGREEMENT TO DIRECT HIRE VIA AGENCY

The following agreement constitutes the relationship and commitments between BayDentalStaffing.com (The agency) and (client name) (The Client). The following stipulations apply to the relationship between both parties, agency and client together.

The agency is tasked with sourcing, vetting, prioritizing and organizing candidates per client’s need. The client may request specific conditions be met by the candidates before they are screened or brought in house for on site interviews by the client. The agency is tasked with fulfilling all requests of the client as stated in written format (email, or otherwise).

The agency is required to present a minimum of one candidates per (1) role given to the agency for fulfillment. Upon selection of a particular client, the client can request follow up interviews as needed (phone, in person, secondary in person, etc.).

The client will have a minimum of 3 weeks upon first contact with candidate to deem whether or not said candidate will be hired by the client or passed over. Should they be passed over, this information should be given to the agency immediately so that the agency can utilize said candidate for other potential clients.

Once the client has chosen a specific candidate, the client must notify the agency first prior to notifying the client of their selection for hire, and the rate of pay must be disclosed via email in written form to the agency so that arrangements for proper agreed terms can be made between agency and client.

As per staffing norms, the client will pay for services rendered (sourcing, scheduling, vetting, initial interviewing, follow up), by way of one time payment made to agency no less than 10% of the total gross estimated annual earnings of the employee now hired by the client.

Example: Client hires employee on hourly basis, full time, (40 hours per week), (2,080 hours per year) at a rate of $20 per hour, this would equate to a full year earnings of $41,600. The fee paid to the agency for the placement of said candidate would come as a one time payment of 10% ($41,600) equating to $4,160. This fee is to be rendered to the agency no later than 14 days upon the signing of the offer letter by the candidate.

GUARANTEE CLAUSE: The agency guarantees its candidates to the client by way of a 30 day guarantee clause. This means that should any candidate leave or vacate or otherwise “quit” their employment with the client, the agency will backfill this position with another equally qualified candidate with a reasonable time frame. This allows for a 30 day window of opportunity to guarantee that the employee is steady and stable in their new role without issue.

CANDIDATE ENGAGEMENT / OWNERSHIP CLAUSE:

Upon execution of this contract, the agency is immediately tasked with sourcing candidates for the positions provided by the client. The agency retains “consent to represent” otherwise known as “ownership” and or credit for engaging with any given client prior to any form of engagement with the client itself. Meaning, if the agency finds and interacts with any given candidate, that candidate is a represented candidate of the agency and if hired, will be a billable candidate by terms of this agreement.

This engagement clause guarantees that any candidate that applies or otherwise engages with the agency prior to the client is material property of the agency for purposes of representation, candidacy, hire-ability and fee collection. The opposite and equal terms remain true for the client. If a candidate engages and or applies with the client prior to application or engagement in any format with the agency, the candidate will be classified as material ownership of the client for purposes of representation, candidacy, hire-ability and ultimately a non-fee collection upon their potential hiring.

Engagement and interaction resulting in candidate “owner-ship” or “rights to candidate” include but are not limited to initial digital conversations (emails, texts, phone calls, in person interactions such as face to face interviews and express application via any form of advertisement online or elsewhere.

This clause, if necessary is to be qualified by either party (agency or client), providing genuine proof via any evidence necessary of whom engaged with any given candidate first. If this matter becomes greater than workable between the agency and the client, the matter is to be settled via the California state Arbitration Association in accordance with California state law, by an official arbitrator.

Agency signature                                                             client signature