RECRUITMENT SERVICES AGREEMENT
(Alberta)
Effective Date: ________
– PREAMBLE –
This Recruitment Services Agreement (hereinafter "Agreement") is entered into and is effective as of ________, by and between the following parties:
RECRUITER. ________, a Corporation incorporated under the laws of Canada, having its principal place of business at the following address:
________
E-mail: ________
(hereinafter the "Recruiter")
-AND-
CLIENT. ________, having a principal address at:
________
E-mail: ________
(hereinafter the "Client")
The Recruiter and the Client may be referred to individually as a "Party" and collectively as the "Parties".
Article I – AGREEMENT
Subject to the terms and conditions of this Agreement, the Client agrees to engage the services of the Recruiter to find candidates for employment. The Client will provide the Recruiter with written information about potential employees, including title, job responsibilities and proposed compensation. This information may be in the form of notes, emails or letters. This information need not be attached to this Agreement. Job applicants must meet the following specifications:
________
The Recruiter will provide the Client with potential candidates based on these specifications.
The Recruiter shall use its own experience, knowledge, networks, skills, and best efforts to search for and present potential candidates to the Client. The Recruiter will be responsible for screening potential candidates through initial interviews and may, at the Client's request, perform background checks, and other specialized employment testing, with the candidate's consent and in compliance with applicable law.
Article II – FEES
In consideration of the rights and duties hereunder, the Client agrees to pay the Recruiter the following fees for the referral of potential candidates:
A fixed fee of ________ ($________) for each potential candidate successfully placed in an employment role with the Client.
The Recruiter's fee shall be remitted by the Client to the Recruiter within the following time period after the potential candidate's employment begins: ________.
Article III – NO WARRANTY
The Recruiter is not responsible for the Client's failure to retain potential candidates. The Recruiter shall be paid all fees due within the time periods specified above and shall not be subject to assignment of fees if the prospective candidate terminates employment or is dismissed by the Client at any time.
Article IV – PAYMENT TERMS
Potential candidates are those presented by the Recruiter to the Client and acknowledged in writing by the Client. The Client may undertake to find candidates for employment on its own, but if any potential candidate initially presented to the Client by the Recruiter is successfully placed in employment, the Client shall be responsible for payment of the Recruiter's fees.
Article V – CONFIDENTIALITY
The Recruiter acknowledges and agrees that the Client has certain confidential non-public information (as defined below) regarding its employees, employment policies, business operations and development. The Parties agree that the Confidential Information is secret and valuable to the Client. The Client wishes to maintain the secrecy and privacy of any Confidential Information provided to the Recruiter.
1) CONFIDENTIAL INFORMATION. Confidential information refers to any information that is confidential and commercially valuable to the Client. Confidential information may take the form of information about employees, documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may relate to, but is not limited to, research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property and/or finance or any other information that is confidential and commercially valuable to the Client. Confidential information may or may not be disclosed as such, through labelling, but shall be considered information that must be treated as confidential under the circumstances in which it was disclosed.
2) NON-CONFIDENTIAL INFORMATION. Confidential information is not information that is known or available to the public at the time of disclosure or has become known or available after disclosure through no fault of the Recruiter; that is already known to the Recruiter, by lawful means, and is not given by the Client to third parties, other than the Recruiter, without restriction; that is given to the Recruiter by any third party who legally had the confidential information and the right to disclose it; or that is independently developed by the Recruiter and the Recruiter can demonstrate such independent development.
The Recruiter hereby agrees not to:
1) disclose the Confidential Information by any unauthorized means to third parties;
2) use the Confidential Information for any purpose other than those contemplated herein or expressly authorized by the Client.
Article VI – RELATIONSHIP OF THE PARTIES
The Recruiter shall not be authorized as an agent, employee or legal representative of the Client except for the limited purpose of screening potential candidates. The Client shall have no authority to control the activities and operations of the Recruiter and the Recruiter's status shall at all times remain that of an independent contractor of the Client.
Article VII – INDEMNITY
Each Party agrees to indemnify and hold harmless the other Party from any and all damages, liabilities and losses, as well as legal fees and costs incurred, as a result of the recruitment services rendered under this Agreement and resulting from the fault of the indemnifying Party. This clause shall not be construed to provide for indemnification of the other Party in the event that a court of competent jurisdiction, rendering a final judgment, finds that the bad faith, gross negligence or willful misconduct of such Party caused the damage, liability or loss.
Article VIII – TERMINATION
If no potential candidate has been found, this Agreement will automatically terminate on the following deadline: ________. If a successful potential candidate has been placed on the role, this Agreement will terminate when the potential candidate is placed, but only after the total fees have been paid.
This Agreement may be terminated by either Party upon written notice:
1) if the other Party commits a material breach of any term or condition of this Agreement which cannot be cured within fourteen (14) days or which should have been cured within fourteen (14) days after written requests and has not been cured;
2) if the other Party becomes unable to perform its obligations hereunder, including a payment obligation or a performance obligation; or
3) if either Party indicates in writing its desire to terminate the Agreement with fifteen (15) days written notice.
Article IX – 88 582585585588
855822 252 2252 22 2588 825222222 525 225 5 225825 22 222 2255 2525252225, 252 828558225 85588 222 8288882 522 222222858 852585522 2522 252 888222 852 558 8222 2222525 2228222222.
Article X – 888-85588525885588
552 828558225 85588 222 588858282522 5258282 522 25282282882 852585522 8825 5282282 22 5582, 25282258 258282, 52882822, 85225, 522, 825, 825558 25822252822, 2558258 825258, 52828252, 252225282 25 25522258 825258, 5885888822 25 8222552 825258.
Article XI – GENERAL PROVISIONS
1) APPLICABLE LAW. This Agreement shall be governed in all respects by provincial or territorial laws and any applicable federal laws. Both Parties consent to the jurisdiction of the provincial or territorial courts and the federal courts located in the following province or territory: Alberta. The Parties agree that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature.
2) LANGUAGE. All communications made or notices given under this Agreement shall be in the language chosen by the Parties.
3) ASSIGNMENT. This Agreement, or any rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or in part by either Party.
4) AMENDMENTS. This Agreement may be amended only by writing signed by both Parties.
5) NO WAIVER. None of the terms of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a supplemental written agreement may constitute a waiver of any term of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision at a later date. The failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.
6) SEVERABILITY. If any provision or term of this Agreement is found to be unenforceable, this Agreement shall be deemed amended to the extent necessary to render the provision otherwise unenforceable, and the remainder of the Agreement valid and enforceable. If a court declines to modify this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
7) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements whether written or oral.
8) HEADINGS. The headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.
9) COUNTERPARTS. This Agreement may be executed in counterparts, all of which together shall constitute one Agreement. If the dates indicated at the end of this document are different, this Agreement shall be considered effective on the date both Parties have signed the Agreement, which may be the later date.
10) FORCE MAJEURE. The Recruiter shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
11) NOTIFICATIONS ELECTRONIC COMMUNICATIONS PERMITTED. Any notice to be given under this Agreement shall be in writing and sent by first-class mail, airmail or e-mail to the address of the Party concerned as set forth at the head of this Agreement or to such other addresses as that Party may notify the other Party from time to time in accordance with this clause. Notices sent as aforesaid shall be deemed to have been received 3 business days after the day of mailing (in the case of first-class domestic mail), or 7 business days after the date of mailing (in the case of airmail), or the next business day after mailing (in the case of electronic mail). Proof of mailing of notice is sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and mailed, or that the applicable means of telecommunication was addressed and mailed and that the transmission was confirmed and/or acknowledged, as the case may be.
– EXECUTION –
RECRUITER
Business Name: ________
Representative's Name: ________________________
Representative's Title: _________________________
Representative's Signature: _____________________
Date: _______________________________________
CLIENT
Name: ________
Signature: _________________________
Date: _____________________________
RECRUITMENT SERVICES AGREEMENT
(Alberta)
Effective Date: ________
– PREAMBLE –
This Recruitment Services Agreement (hereinafter "Agreement") is entered into and is effective as of ________, by and between the following parties:
RECRUITER. ________, a Corporation incorporated under the laws of Canada, having its principal place of business at the following address:
________
E-mail: ________
(hereinafter the "Recruiter")
-AND-
CLIENT. ________, having a principal address at:
________
E-mail: ________
(hereinafter the "Client")
The Recruiter and the Client may be referred to individually as a "Party" and collectively as the "Parties".
Article I – AGREEMENT
Subject to the terms and conditions of this Agreement, the Client agrees to engage the services of the Recruiter to find candidates for employment. The Client will provide the Recruiter with written information about potential employees, including title, job responsibilities and proposed compensation. This information may be in the form of notes, emails or letters. This information need not be attached to this Agreement. Job applicants must meet the following specifications:
________
The Recruiter will provide the Client with potential candidates based on these specifications.
The Recruiter shall use its own experience, knowledge, networks, skills, and best efforts to search for and present potential candidates to the Client. The Recruiter will be responsible for screening potential candidates through initial interviews and may, at the Client's request, perform background checks, and other specialized employment testing, with the candidate's consent and in compliance with applicable law.
Article II – FEES
In consideration of the rights and duties hereunder, the Client agrees to pay the Recruiter the following fees for the referral of potential candidates:
A fixed fee of ________ ($________) for each potential candidate successfully placed in an employment role with the Client.
The Recruiter's fee shall be remitted by the Client to the Recruiter within the following time period after the potential candidate's employment begins: ________.
Article III – NO WARRANTY
The Recruiter is not responsible for the Client's failure to retain potential candidates. The Recruiter shall be paid all fees due within the time periods specified above and shall not be subject to assignment of fees if the prospective candidate terminates employment or is dismissed by the Client at any time.
Article IV – PAYMENT TERMS
Potential candidates are those presented by the Recruiter to the Client and acknowledged in writing by the Client. The Client may undertake to find candidates for employment on its own, but if any potential candidate initially presented to the Client by the Recruiter is successfully placed in employment, the Client shall be responsible for payment of the Recruiter's fees.
Article V – CONFIDENTIALITY
The Recruiter acknowledges and agrees that the Client has certain confidential non-public information (as defined below) regarding its employees, employment policies, business operations and development. The Parties agree that the Confidential Information is secret and valuable to the Client. The Client wishes to maintain the secrecy and privacy of any Confidential Information provided to the Recruiter.
1) CONFIDENTIAL INFORMATION. Confidential information refers to any information that is confidential and commercially valuable to the Client. Confidential information may take the form of information about employees, documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may relate to, but is not limited to, research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property and/or finance or any other information that is confidential and commercially valuable to the Client. Confidential information may or may not be disclosed as such, through labelling, but shall be considered information that must be treated as confidential under the circumstances in which it was disclosed.
2) NON-CONFIDENTIAL INFORMATION. Confidential information is not information that is known or available to the public at the time of disclosure or has become known or available after disclosure through no fault of the Recruiter; that is already known to the Recruiter, by lawful means, and is not given by the Client to third parties, other than the Recruiter, without restriction; that is given to the Recruiter by any third party who legally had the confidential information and the right to disclose it; or that is independently developed by the Recruiter and the Recruiter can demonstrate such independent development.
The Recruiter hereby agrees not to:
1) disclose the Confidential Information by any unauthorized means to third parties;
2) use the Confidential Information for any purpose other than those contemplated herein or expressly authorized by the Client.
Article VI – RELATIONSHIP OF THE PARTIES
The Recruiter shall not be authorized as an agent, employee or legal representative of the Client except for the limited purpose of screening potential candidates. The Client shall have no authority to control the activities and operations of the Recruiter and the Recruiter's status shall at all times remain that of an independent contractor of the Client.
Article VII – INDEMNITY
Each Party agrees to indemnify and hold harmless the other Party from any and all damages, liabilities and losses, as well as legal fees and costs incurred, as a result of the recruitment services rendered under this Agreement and resulting from the fault of the indemnifying Party. This clause shall not be construed to provide for indemnification of the other Party in the event that a court of competent jurisdiction, rendering a final judgment, finds that the bad faith, gross negligence or willful misconduct of such Party caused the damage, liability or loss.
Article VIII – TERMINATION
If no potential candidate has been found, this Agreement will automatically terminate on the following deadline: ________. If a successful potential candidate has been placed on the role, this Agreement will terminate when the potential candidate is placed, but only after the total fees have been paid.
This Agreement may be terminated by either Party upon written notice:
1) if the other Party commits a material breach of any term or condition of this Agreement which cannot be cured within fourteen (14) days or which should have been cured within fourteen (14) days after written requests and has not been cured;
2) if the other Party becomes unable to perform its obligations hereunder, including a payment obligation or a performance obligation; or
3) if either Party indicates in writing its desire to terminate the Agreement with fifteen (15) days written notice.
Article IX – 88 582585585588
855822 252 2252 22 2588 825222222 525 225 5 225825 22 222 2255 2525252225, 252 828558225 85588 222 8288882 522 222222858 852585522 2522 252 888222 852 558 8222 2222525 2228222222.
Article X – 888-85588525885588
552 828558225 85588 222 588858282522 5258282 522 25282282882 852585522 8825 5282282 22 5582, 25282258 258282, 52882822, 85225, 522, 825, 825558 25822252822, 2558258 825258, 52828252, 252225282 25 25522258 825258, 5885888822 25 8222552 825258.
Article XI – GENERAL PROVISIONS
1) APPLICABLE LAW. This Agreement shall be governed in all respects by provincial or territorial laws and any applicable federal laws. Both Parties consent to the jurisdiction of the provincial or territorial courts and the federal courts located in the following province or territory: Alberta. The Parties agree that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature.
2) LANGUAGE. All communications made or notices given under this Agreement shall be in the language chosen by the Parties.
3) ASSIGNMENT. This Agreement, or any rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or in part by either Party.
4) AMENDMENTS. This Agreement may be amended only by writing signed by both Parties.
5) NO WAIVER. None of the terms of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a supplemental written agreement may constitute a waiver of any term of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision at a later date. The failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.
6) SEVERABILITY. If any provision or term of this Agreement is found to be unenforceable, this Agreement shall be deemed amended to the extent necessary to render the provision otherwise unenforceable, and the remainder of the Agreement valid and enforceable. If a court declines to modify this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
7) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements whether written or oral.
8) HEADINGS. The headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.
9) COUNTERPARTS. This Agreement may be executed in counterparts, all of which together shall constitute one Agreement. If the dates indicated at the end of this document are different, this Agreement shall be considered effective on the date both Parties have signed the Agreement, which may be the later date.
10) FORCE MAJEURE. The Recruiter shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
11) NOTIFICATIONS ELECTRONIC COMMUNICATIONS PERMITTED. Any notice to be given under this Agreement shall be in writing and sent by first-class mail, airmail or e-mail to the address of the Party concerned as set forth at the head of this Agreement or to such other addresses as that Party may notify the other Party from time to time in accordance with this clause. Notices sent as aforesaid shall be deemed to have been received 3 business days after the day of mailing (in the case of first-class domestic mail), or 7 business days after the date of mailing (in the case of airmail), or the next business day after mailing (in the case of electronic mail). Proof of mailing of notice is sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and mailed, or that the applicable means of telecommunication was addressed and mailed and that the transmission was confirmed and/or acknowledged, as the case may be.
– EXECUTION –
RECRUITER
Business Name: ________
Representative's Name: ________________________
Representative's Title: _________________________
Representative's Signature: _____________________
Date: _______________________________________
CLIENT
Name: ________
Signature: _________________________
Date: _____________________________
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