The parties agree that submission of this form creates an agreement effective upon the submission date between the Organization above and MobileBriefs Inc doing business as TopGuns (hereafter "TopGuns") to perform recruiting services as an agent of the Organization. A Recruited Candidate is defined as either someone referred by us or someone who contacts the Organization directly as a result of us making the candidate aware of the position. The terms of this agreement follow below.
1. Contingency-Based. There shall be no Service Fee due unless the Recruited Candidate starts the position (only the small Deposit is due upfront).
2. Replacement Guarantee. If a Recruited Candidate quits the Organization or is terminated for cause (not reduction in force) within 90 days, TopGuns will repeat the search at no charge.
3. Non-Solicitation. TopGuns agrees that it will not actively solicit any full-time employee of Organization regarding outside employment opportunities during the term of this Agreement.
4. Timely Notification. Organization agrees to notify TopGuns within 10 days of the acceptance of a job offer by a Recruited Candidate. An invoice will then be sent to the Organization, and payment is due the later of 30 days from acceptance or the starting date. The Organization will provide TopGuns copies of the offer letter and written acceptance by fax or email.
5. Service Fees. There is a $200 Deposit to begin the search. After successful placement, the fee shall be the lower of 25% of first year's estimated earnings or 30% of base salary unless a different amount is agreed in advance and then specified in the Comments of the form above. The Deposit and Service Fees are non-refundable once due and paid.
6. Late and Penalty Fees. There shall be a 10% late fee after 60 days from the invoice date plus 15% annual interest beginning after 90 days from the invoice date. If the Organization hires a Recruited Candidate and does not notify TopGuns within 30 days there shall be an additional penalty fee of 10% of base salary plus the Service Fees and any Late Fees starting 60 days from the job offer date.
7. Agreement Duration. The fees will be payable if a Recruited Candidate is hired by the Organization for any position within 2 years of the beginning of the search.
8. Responsibilities. Because a search involves substantial effort and expense on the part of TopGuns, it is expected that the Organization will: (a) give the candidates full consideration, including at least a phone interview with each referred candidate, (b) make hiring decisions in a timely manner, and (c) give TopGuns specific and detailed feedback on unsuccessful candidates so that the search can be refined. Once a Recruited Candidate has been presented to the Organization, TopGuns will have no further responsibility to the Organization with respect to such Recruited Candidate.
This Agreement is binding upon and will inure to the benefit of the respective successors and assigns of the parties, except where rights of assignment are prohibited or limited. TopGuns makes no representation or warranty as to the skills, experience, background or education of the Recruited Candidate, and the Organization shall hold TopGuns harmless from any liability related to the Recruited Candidate's employment. In the event any claims are brought by any party in connection with the enforcement and/or interpretation of this agreement and/or any claims arising there from, the parties agree that the exclusive jurisdiction and venue to hear any disputes in this matter shall be in the Superior Court, County of Fulton, State of Georgia. In the event TopGuns is required to bring any claims for non-payment or any other issues with regard to the performance by the client under the terms of this agreement, TopGuns as a prevailing party shall be entitled to any and all reasonable attorney’s fees and costs associated with the claims. This Agreement contains the entire understanding of the parties relating to the subject matter of this Agreement, any prior agreements are null and void, and this Agreement may only be modified in writing signed by both parties.