1.1 In this Agreement the following definitions apply:
Appointment: means employment or engagement by the Client of a Candidate Introduced by TalentQuest, whether on a, permanent, temporary, full-time, part-time or other basis and whether directly, indirectly or via an associated company or third party;
Candidate: means the individual, partnership, corporate entity or any other person Introduced by TalentQuest to the Client;
Client: means the company, firm, corporate entity or person to whom an Introduction is made by TalentQuest;
Compensation: means the actual or anticipated compensation to be paid to the Candidate by the Client as remuneration for the first year of the Appointment, including but not limited to salary, bonus (whether guaranteed or variable), travel or relocation allowance, subsidized accommodation and any and all taxable emoluments. Provision of a company car shall be regarded as Compensation and calculated at HK$60,000;
Introduction: means (i) the provision of any information by TalentQuest to the Client (including the provision of a curriculum vitae) which identifies a candidate and/or (ii) the Client’s interview of a Candidate whether in person or by telephone or by any other means, regardless of whether or not the Client knew the Candidate previously.
2.1 This Agreement is effective from the date of an Introduction and shall remain in force unless terminated by either party upon giving no less than thirty (30) days written notice. The Client is deemed to have accepted this Agreement by virtue of an Introduction, an Appointment or the passing of any information about a Candidate to any third party following an Introduction.
2.2 TalentQuest is acting as an employment agency. TalentQuest will Introduce Candidates for permanent Appointment. Should an Appointment take place within twelve (12) months from the date of an Introduction the Client will pay the Fee to TalentQuest.
2.3 Introductions are strictly confidential. The provision of any information relating to a Candidate by the Client to any third party resulting in an Appointment by any third party will render the Client liable to pay the Fee.
3.1 The following % of Compensation is payable to TalentQuest by the Client for the Appointment of a Candidate:
|$1 to $249,999||25%|
|$250,000 to $499,999||28%|
|$500,000 or above||30%|
4.1 The Client authorizes TalentQuest to advertise the availability of the position which the Client engages TalentQuest to seek to fill.
4.2 The Client will notify TalentQuest within three (3) days if a Candidate is already known to it, whether as a result of a previous submission or interview through a source other than TalentQuest. The Client agrees not to directly contact any Candidate without prior approval of TalentQuest.
4.3 TalentQuest will make reasonable efforts to ensure that a Candidate has the necessary experience to be able to work in the position which the Client seeks to fill. However, TalentQuest provides an introductory service only and makes no warranty as to the suitability of any Candidate for a particular position. It is the Client’s responsibility to satisfy themselves as to the suitability of any Candidate prior to an Appointment. The Client is responsible for reference checking, arranging any required medical examinations, for obtaining any required work permits or other required authorizations and for to satisfying any statutory or legal requirements pertaining to an Appointment.
4.4 The Client agrees to provide TalentQuest with details of the Compensation as soon as an Appointment has been made. If the Client fails to provide these details within seven (7) days of an Appointment, the Client agrees to pay an increased fee of 40% of Compensation or HK$150,000 (whichever is greater).
4.5 The Client will notify TalentQuest if an employee of TalentQuest with whom the Client had dealings accepts an Appointment with the Client within twelve (12) months of leaving TalentQuest’s employment. The Client agrees to pay the Fee to TalentQuest in respect of such Appointment.
5.1 TalentQuest will invoice the Client for the Fee upon the Candidate’s start date. The client will pay TalentQuest’s invoice within thirty (30) days from the date of invoice.
5.2 The Fee payable to TalentQuest under this agreement do not include Goods and Services Tax (GST), Local Government Tax or local withholding Tax. The Client will not make any deduction or withhold taxes from any payment to TalentQuest.
5.3 TalentQuest will charge interest on invoiced amounts unpaid after the due date at the rate of 8% per annum above the base interest rate of HSBC from the due date until the date of payment. The Client will bear any legal costs or other expenses incurred by TalentQuest as a result of non-payment or late payment of an invoice and TalentQuest reserves the right to charge forex for currency fluctuations in the event of late payment
6 REPLACEMENT & CREDIT NOTE
6.1 In the event of the Candidate leaving, except for redundancy, reorganization, change of job specification, harassment or any breach of anti-discrimination legislation of the Candidate within eight (8) weeks of commencing employment, TalentQuest guarantee to provide one (1) suitable replacement based on the terms below.
i) The guarantee applies when the Client has paid the TalentQuest’s invoice with 30 days of the Candidate’s start date as per clause 5.1;
ii) the Client notifies TalentQuest in writing of the termination of engagement within seven (7) days;
iii) If an immediate replacement is not required, a credit note will be issued and valid for a twelve (12) months period.
6.2 The face value of the credit note will be in the same proportion as the unworked period bears to eight (8) weeks of commencing employment (calculates being done to the nearest week).
6.3 In the event that the job vacated by the Candidate is filled by a person on a lesser salary than that of the Candidate, no adjustment to the Fee charged for the Candidate will be made.
6.4 TalentQuest may reclaim any Credit Note offered to the Client or claim a Fee following provision of a replacement, if within twelve (12) months of the termination of an Appointment the Client re-Appoints any Candidate.
7.1 Save in respect of death or personal injury, to the extent permitted at law TalentQuest will have no liability to the Client for any injury, loss, damage, expense or delay incurred by the Client arising directly or indirectly from this Agreement or from any Appointment.
8.1 In this Agreement references to the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.
8.2 In the event of a conflict between this agreement and any other agreement, the former shall prevail. No variation or alteration to this agreement shall be valid unless the details of such variation are set out in writing and signed by the Client and TalentQuest.
8.3 The law of Hong Kong SAR applies to this agreement.
8.4 The person signing this agreement on behalf of the Client warrants that he or she has the authority to bind the Client.