RECRUITMENT AGREEMENT
This Recruitment Agreement is made on ________, between ________, an individual of the following address:
________
hereinafter referred to as (the "Client" which expression shall where the context so admits include its successors-in-title and assigns) of the one part;
AND
________, an individual of the following address:
________
hereinafter referred to as (the "Recruiter" which expression shall where the context so admits include its successors-in-title and assigns) of the other part.
BACKGROUND
A. The Client wishes to retain the services of the Recruiter and is of the opinion that the Recruiter is qualified to provide the services stated in this Agreement.
B. The Recruiter has agreed to provide the services in accordance with the terms and conditions herein contained in this Agreement.
IN CONSIDERATION of the mutual benefits, promises and obligations set forth in this Agreement, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:
1. TERM OF AGREEMENT
The Parties agree that the Recruiter is being engaged to recruit potential employees for the Client based on the following qualifications (the "Potential Candidate"):
________
This Agreement will commence on ________ and subject to the terms of this Agreement, and shall remain in full force and effect until the completion of the services or until terminated by either of the Parties as set forth in this Agreement.
2. SCOPE OF SERVICES
The Recruiter shall hire the Potential Candidate based on the following terms:
________
The Recruiter shall use their skills, expertise, and best of judgement to select and hire the Potential Candidate, including conducting screenings, initial interviews, and thorough vetting of application package (cover letter, resume, transcripts, and other written work) of every candidate before selection.
3. OBLIGATIONS OF THE RECRUITER
(I). The Recruiter shall provide the services diligently and with due care.
(II). The Recruiter shall be responsible for the provision of all tools and equipment necessary to render the services required under this Agreement.
(III). The duties may include such other tasks which the Parties may agree on.
(IV). The obligations may from time to time change as agreed upon by the Parties.
4. OBLIGATIONS OF THE CLIENT
(I). The Client shall pay the Recruiter compensation, out of pocket expenses and all other fees required.
(II). The Client shall provide all documents and materials necessary for performance of the Recruiter's services required under this Agreement.
(III). The Client will pay all relevant taxes required under the law.
5. FEES
As compensation for all the services rendered by the Recruiter under this Agreement, the Recruiter shall be paid ₦________ (________) for the recruitment of the Potential Candidate (the "Fees").
Such compensation will be made in cash and shall be subject to the normal statutory deductions made by the Client and payment will be made as follows:
The Recruiter shall be entitled to be reimbursed of all incidental and out-of-pocket expenses reasonably incurred on behalf of the Client, provided that same have been authorized by the Client prior to being incurred and with the provisions of appropriate receipts.
6. TERMINATION OF AGREEMENT
This Agreement may be terminated as follows:
(I). at any period after the expiration of the term of this Agreement upon the issuance of: ________ notice in writing;
(II). by either of the Parties if the other Party commits any material breach of any terms contained in this Agreement;
(III). by either of the Parties upon the death of the other Party;
(IV). by the Client if the Recruiter fails to provide the services required under this Agreement;
(V). by the Client if the Recruiter if the Recruiter fails to find the Potential Candidate within the following period: ________;
(VI). by the Client in the event that the Recruiter engages in any act which amounts to gross misconduct;
(VII). by the Recruiter if the Client defaults in paying the compensation after making several demands for the compensation to be paid.
Upon termination or expiry of this Agreement, the Recruiter agrees to do the following:
(VIII). immediately return or to the Client all confidential information, documents, books, materials and any other property belonging to and relating to the Client which is in the possession of the Recruiter;
(IX). delete any information relating to the business of the Client on any electronic device, hard disk etc which is in the possession of the Recruiter;
(X). not disclose or use any of the Client's trade secret. The Client shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.
Upon termination, the Client shall pay any compensation up to the date of termination and any fees falling due for payment for the services rendered by the Recruiter;
7. INTELLECTUAL PROPERTY OWNERSHIP
The Recruiter agrees that all formulas, trade secrets, business models, written works, videos, text, photographs, and all other intellectual property rights, including trademarks, trade secrets, goodwill, patents, copyrights, or other materials created, developed or created by the Recruiter for the Client during the period of engagement, shall be the sole property of the Client, and the Client is granted unrestricted access to use such intellectual property created under this Agreement. The Recruiter hereby assigns and releases all intellectual property rights in all designs, formulas, inventions, patterns, copyrights, and all original works of intellectual property created under this Agreement to the Client.
8. 888-582585585588
552 828558225 5252525228 222 22 52 58 2288288:
(5). 222 22 8288882 522 222222858 888222 852 558 8222 2222525 2228222222, 555822 525 52225 252 2252 22 2588 825222222.
(55). 222 22 8288882 522 222222858 852585522 225 522 22525 22282225 25 22525 25522 822 52 5 2852 25 8525882 22 22252822 82 252 252888822 22 82588828 525/25 82588828 2222525 82 252 8222522.
9. CONFIDENTIALITY OBLIGATIONS
The Parties acknowledge that by virtue of this Agreement, the Recruiter may have access to non-public confidential information and may also possess certain information regarding the business operation of the Client. Consequently, the Recruiter agrees to maintain the secret nature of such information. The Parties also acknowledge that depending on the circumstance, they may become the disclosing party or receiving party.
Confidential information includes all information or materials of whatever nature relating to the purpose disclosed by the Parties by sharing of any written material or by any oral or written statement whatsoever which includes but not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:
(I) which can be established by written records to be already known to the Recruiter or the public at the time of the disclosure;
(II) which enters the public domain through no fault of the Recruiter;
(III) is given by the Client to third parties without any restrictions;
(IV) is given to the Recruiter by any third party who is in possession of such information and has the legal right to disclose it; or
(V) that is required by law to be disclosed.
Trade secret information includes all formulas, pattern, designs, process, methods or other information that is not known or easily ascertainable to the general public.
The Parties hereby agree as follows:
(I) to take proper and reasonable measures to ensure the confidentiality of the confidential information under this Agreement;
(II) not to make public, publish or otherwise disclose in whole or part, any information relating to the practice, business dealings or other matters relating to this Agreement without obtaining the express consent of the other Party;
(III) not to use the confidential information for any purpose other than the purpose for which this Agreement was created.
Each Party agrees not to disclose the trade secret information or confidential information during and after the termination of this Agreement for as long as it remains a trade secret.
10. FORCE MAJEURE
Neither party shall, before the Expiration or Termination Date, be liable for any failure to fulfill any term of this Agreement if the fulfillment has been delayed, hindered, interfered with, or prevented by force majeure, which in this Agreement, shall mean any circumstances:
(I) which is beyond a Party's control;
(II) which such Party could not have reasonably avoided or overcome; and
(III) which is not attributable to the other Party.
Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:
(I) war, hostilities, or invasion;
(II) rebellion, terrorism, revolution, insurrection, military or usurped power;
(III) riot, civil disorder, or other acts that may reasonably affect the ability of the Party to fulfill its obligations under this Agreement.
11. INDEMNITY
The Recruiter agrees to indemnify and hold the Client and the Brand's Affiliates harmless against any suit, action, damages, liabilities, expense of any kind whatsoever, loss, damage, judgement, settlements and any kind of loss that may incur as a result of the Recruiter's conduct and breach of any term contained in this Agreement, which may include:
(I) the Recruiter's use of the Client's Intellectual Property;
(II) a violation of any law, rule, or regulation regulating digital marketing that is committed by the Recruiter or Recruiter's agent;
(III) any harm or injury suffered by any third party due to the Recruiter's fault;
(IV) any cost incurred by the Client or the Brand's Affiliates in enforcing its rights under this Agreement, including all reasonable attorney fees.
12. REMEDIES FOR BREACH OF CONTRACT
It is hereby agreed that the terms of this Agreement are fundamental terms of contractual relationship between the Parties. Accordingly, a breach of the terms of this Agreement by the Recruiter would occasion financial and other damages and losses to the Client.
Upon the occurrence of a breach by Recruiter, the Client shall be indemnified of all the loss, damages incurred by the Client and the Client shall have the right to terminate this Agreement.
13. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.
14. JURISDICTION
Both parties agree that the Courts of the Federal Republic of Nigeria shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.
15. GENERAL PROVISIONS
(I) Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.
(II) Notices: All notices under this Agreement may be given orally or in writing. The notices shall either be delivered personally or mailed by a certified mail to the other Party's address or that other Party's attorney.
(III) Headings: Headings in this Agreement are used for convenience ony and shall not be construed to limit or affect the terms of this Agreement.
(IV) Counterparts: This Agreement many be executed in counterparts, all of which constitutes one Agreement.
(V) Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.
(VI) Assignment: No Party shall assign any of its obligation or duties under this Agreement, without the prior written consent of the other Party.
(VII) Enurement: This Agreement will enure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
(VIII) Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.
(IX) Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, omission to exercise any right shall not be construed as waiver.
(X) Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.
(XI) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.
IN WITNESS WHEREOF the parties have duly executed this Agreement this day and year first written above.
SIGNED by the within named ________
____________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED by the within named ________
____________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
RECRUITMENT AGREEMENT
This Recruitment Agreement is made on ________, between ________, an individual of the following address:
________
hereinafter referred to as (the "Client" which expression shall where the context so admits include its successors-in-title and assigns) of the one part;
AND
________, an individual of the following address:
________
hereinafter referred to as (the "Recruiter" which expression shall where the context so admits include its successors-in-title and assigns) of the other part.
BACKGROUND
A. The Client wishes to retain the services of the Recruiter and is of the opinion that the Recruiter is qualified to provide the services stated in this Agreement.
B. The Recruiter has agreed to provide the services in accordance with the terms and conditions herein contained in this Agreement.
IN CONSIDERATION of the mutual benefits, promises and obligations set forth in this Agreement, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:
1. TERM OF AGREEMENT
The Parties agree that the Recruiter is being engaged to recruit potential employees for the Client based on the following qualifications (the "Potential Candidate"):
________
This Agreement will commence on ________ and subject to the terms of this Agreement, and shall remain in full force and effect until the completion of the services or until terminated by either of the Parties as set forth in this Agreement.
2. SCOPE OF SERVICES
The Recruiter shall hire the Potential Candidate based on the following terms:
________
The Recruiter shall use their skills, expertise, and best of judgement to select and hire the Potential Candidate, including conducting screenings, initial interviews, and thorough vetting of application package (cover letter, resume, transcripts, and other written work) of every candidate before selection.
3. OBLIGATIONS OF THE RECRUITER
(I). The Recruiter shall provide the services diligently and with due care.
(II). The Recruiter shall be responsible for the provision of all tools and equipment necessary to render the services required under this Agreement.
(III). The duties may include such other tasks which the Parties may agree on.
(IV). The obligations may from time to time change as agreed upon by the Parties.
4. OBLIGATIONS OF THE CLIENT
(I). The Client shall pay the Recruiter compensation, out of pocket expenses and all other fees required.
(II). The Client shall provide all documents and materials necessary for performance of the Recruiter's services required under this Agreement.
(III). The Client will pay all relevant taxes required under the law.
5. FEES
As compensation for all the services rendered by the Recruiter under this Agreement, the Recruiter shall be paid ₦________ (________) for the recruitment of the Potential Candidate (the "Fees").
Such compensation will be made in cash and shall be subject to the normal statutory deductions made by the Client and payment will be made as follows:
The Recruiter shall be entitled to be reimbursed of all incidental and out-of-pocket expenses reasonably incurred on behalf of the Client, provided that same have been authorized by the Client prior to being incurred and with the provisions of appropriate receipts.
6. TERMINATION OF AGREEMENT
This Agreement may be terminated as follows:
(I). at any period after the expiration of the term of this Agreement upon the issuance of: ________ notice in writing;
(II). by either of the Parties if the other Party commits any material breach of any terms contained in this Agreement;
(III). by either of the Parties upon the death of the other Party;
(IV). by the Client if the Recruiter fails to provide the services required under this Agreement;
(V). by the Client if the Recruiter if the Recruiter fails to find the Potential Candidate within the following period: ________;
(VI). by the Client in the event that the Recruiter engages in any act which amounts to gross misconduct;
(VII). by the Recruiter if the Client defaults in paying the compensation after making several demands for the compensation to be paid.
Upon termination or expiry of this Agreement, the Recruiter agrees to do the following:
(VIII). immediately return or to the Client all confidential information, documents, books, materials and any other property belonging to and relating to the Client which is in the possession of the Recruiter;
(IX). delete any information relating to the business of the Client on any electronic device, hard disk etc which is in the possession of the Recruiter;
(X). not disclose or use any of the Client's trade secret. The Client shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.
Upon termination, the Client shall pay any compensation up to the date of termination and any fees falling due for payment for the services rendered by the Recruiter;
7. INTELLECTUAL PROPERTY OWNERSHIP
The Recruiter agrees that all formulas, trade secrets, business models, written works, videos, text, photographs, and all other intellectual property rights, including trademarks, trade secrets, goodwill, patents, copyrights, or other materials created, developed or created by the Recruiter for the Client during the period of engagement, shall be the sole property of the Client, and the Client is granted unrestricted access to use such intellectual property created under this Agreement. The Recruiter hereby assigns and releases all intellectual property rights in all designs, formulas, inventions, patterns, copyrights, and all original works of intellectual property created under this Agreement to the Client.
8. 888-582585585588
552 828558225 5252525228 222 22 52 58 2288288:
(5). 222 22 8288882 522 222222858 888222 852 558 8222 2222525 2228222222, 555822 525 52225 252 2252 22 2588 825222222.
(55). 222 22 8288882 522 222222858 852585522 225 522 22525 22282225 25 22525 25522 822 52 5 2852 25 8525882 22 22252822 82 252 252888822 22 82588828 525/25 82588828 2222525 82 252 8222522.
9. CONFIDENTIALITY OBLIGATIONS
The Parties acknowledge that by virtue of this Agreement, the Recruiter may have access to non-public confidential information and may also possess certain information regarding the business operation of the Client. Consequently, the Recruiter agrees to maintain the secret nature of such information. The Parties also acknowledge that depending on the circumstance, they may become the disclosing party or receiving party.
Confidential information includes all information or materials of whatever nature relating to the purpose disclosed by the Parties by sharing of any written material or by any oral or written statement whatsoever which includes but not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:
(I) which can be established by written records to be already known to the Recruiter or the public at the time of the disclosure;
(II) which enters the public domain through no fault of the Recruiter;
(III) is given by the Client to third parties without any restrictions;
(IV) is given to the Recruiter by any third party who is in possession of such information and has the legal right to disclose it; or
(V) that is required by law to be disclosed.
Trade secret information includes all formulas, pattern, designs, process, methods or other information that is not known or easily ascertainable to the general public.
The Parties hereby agree as follows:
(I) to take proper and reasonable measures to ensure the confidentiality of the confidential information under this Agreement;
(II) not to make public, publish or otherwise disclose in whole or part, any information relating to the practice, business dealings or other matters relating to this Agreement without obtaining the express consent of the other Party;
(III) not to use the confidential information for any purpose other than the purpose for which this Agreement was created.
Each Party agrees not to disclose the trade secret information or confidential information during and after the termination of this Agreement for as long as it remains a trade secret.
10. FORCE MAJEURE
Neither party shall, before the Expiration or Termination Date, be liable for any failure to fulfill any term of this Agreement if the fulfillment has been delayed, hindered, interfered with, or prevented by force majeure, which in this Agreement, shall mean any circumstances:
(I) which is beyond a Party's control;
(II) which such Party could not have reasonably avoided or overcome; and
(III) which is not attributable to the other Party.
Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:
(I) war, hostilities, or invasion;
(II) rebellion, terrorism, revolution, insurrection, military or usurped power;
(III) riot, civil disorder, or other acts that may reasonably affect the ability of the Party to fulfill its obligations under this Agreement.
11. INDEMNITY
The Recruiter agrees to indemnify and hold the Client and the Brand's Affiliates harmless against any suit, action, damages, liabilities, expense of any kind whatsoever, loss, damage, judgement, settlements and any kind of loss that may incur as a result of the Recruiter's conduct and breach of any term contained in this Agreement, which may include:
(I) the Recruiter's use of the Client's Intellectual Property;
(II) a violation of any law, rule, or regulation regulating digital marketing that is committed by the Recruiter or Recruiter's agent;
(III) any harm or injury suffered by any third party due to the Recruiter's fault;
(IV) any cost incurred by the Client or the Brand's Affiliates in enforcing its rights under this Agreement, including all reasonable attorney fees.
12. REMEDIES FOR BREACH OF CONTRACT
It is hereby agreed that the terms of this Agreement are fundamental terms of contractual relationship between the Parties. Accordingly, a breach of the terms of this Agreement by the Recruiter would occasion financial and other damages and losses to the Client.
Upon the occurrence of a breach by Recruiter, the Client shall be indemnified of all the loss, damages incurred by the Client and the Client shall have the right to terminate this Agreement.
13. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.
14. JURISDICTION
Both parties agree that the Courts of the Federal Republic of Nigeria shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.
15. GENERAL PROVISIONS
(I) Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.
(II) Notices: All notices under this Agreement may be given orally or in writing. The notices shall either be delivered personally or mailed by a certified mail to the other Party's address or that other Party's attorney.
(III) Headings: Headings in this Agreement are used for convenience ony and shall not be construed to limit or affect the terms of this Agreement.
(IV) Counterparts: This Agreement many be executed in counterparts, all of which constitutes one Agreement.
(V) Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.
(VI) Assignment: No Party shall assign any of its obligation or duties under this Agreement, without the prior written consent of the other Party.
(VII) Enurement: This Agreement will enure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
(VIII) Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.
(IX) Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, omission to exercise any right shall not be construed as waiver.
(X) Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.
(XI) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.
IN WITNESS WHEREOF the parties have duly executed this Agreement this day and year first written above.
SIGNED by the within named ________
____________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED by the within named ________
____________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
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