Recruitment Agreement Clause Review

Summary

Reviewing recruitment service agreements is essential to identify any unfavorable clauses. Key areas to focus on include termination terms, liability limitations, and sourcing credit definitions. Ensure that terms are clear and protective of client interests. Consider adding clauses for immediate termination in case of breach, audit rights, and transition assistance. Clarify terms like sourced first and ensure liability limitations do not undermine other protective provisions.

Full Conversation

*. TERM & TERMINATION *.* Client hereby appoints Success Pact on a non-exclusive basis commencing from “Agreement Date” and would be in effect for one year. Either Party may terminate this Agreement with a thirty (*) days prior written notice to the other. *.* In the event of a termination, the Client shall pay Success Pact as full compensation all undisputed amounts due, prior to such Notice and for services thereafter rendered as specified in such Notice.
The Term & Termination clauses you've shared seem fairly standard. However, consider the following points:
- Non-exclusive basis: This means you can hire other consultants simultaneously.
- *-day notice: This is a typical termination period.
- Payment upon termination: Ensure you keep records to avoid disputes on "undisputed amounts."
Would you like to review any other clauses?
add comment into the above clause that can be amended to safeguard client interest
To safeguard your interests, consider adding the following amendments:
- *.*: "Client hereby appoints Success Pact on a non-exclusive basis commencing from 'Agreement Date' and would be in effect for one year. Either Party may terminate this Agreement with a thirty (*) days prior written notice to the other, provided that such termination does not affect any ongoing obligations or services in progress."
- *.*: "In the event of a termination, the Client shall pay Success Pact as full compensation all undisputed amounts due, prior to such Notice and for services thereafter rendered as specified in such Notice. Additionally, Success Pact shall deliver a detailed invoice and supporting documentation for all amounts claimed."
Would you like assistance with any other clauses?
immediate termination if breach done by succes pact can be add by our side?
Case Rating: *.
Yes, you can include a clause regarding immediate termination in case of a breach by Success Pact. Consider adding the following:
- *.*: "In the event of a material breach by Success Pact, the Client may terminate this Agreement immediately upon written notice to Success Pact, without any obligation to provide prior notice."
Would you like any help with additional clauses?
also help us to any relevant clause to be added to safeguard client interest and also binded by eyes of law
To further safeguard your interests and ensure compliance with the law, consider adding the following clauses:
- Confidentiality: "Both Parties agree to keep all information shared under this Agreement confidential and not disclose it to any third party without prior written consent."
- Indemnification: "Success Pact agrees to indemnify and hold harmless the Client from any claims, damages, or losses arising from the services provided."
- Dispute Resolution: "Any disputes arising from this Agreement shall be resolved through arbitration in accordance with the laws of Maharashtra, India."
Would you like assistance with any other aspects of the agreement?
please i will share one by one clause for your review
Sure, go ahead and share the next clause for review. I'm here to help!
in the above termination any of other clause can be added to safeguard client interest
You can consider adding the following clauses to the termination section for additional protection:
- Survival Clause: "Notwithstanding any termination of this Agreement, the provisions of this Agreement that by their nature should survive termination or expiration will survive, including but not limited to confidentiality, indemnification, and dispute resolution."
- Force Majeure: "Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to events beyond the reasonable control of the Party, such as acts of God, war, or natural disasters."
Would you like to review another clause or need help with anything else?
sub clause to that particular term & termination clause of the above given please add some other relevant clause that can be added into that particular clause to safeguard CLIENT INTEREST
To further safeguard the client's interests in the Term & Termination section, consider adding the following sub-clauses:
- Audit Rights: "Client reserves the right to audit Success Pact’s compliance with the terms of this Agreement upon reasonable notice."
- Transition Assistance: "Upon termination, Success Pact shall provide reasonable assistance to Client to transition services to another provider."
Would you like assistance with any other clauses?
Additionally, Success Pact shall deliver a detailed invoice and supporting documentation for all amounts claimed."
It looks like you're looking for additional protections and clarity in your agreement. Here’s a refined version of the term and termination clause, incorporating your interests:
Term & Termination
*.* Client hereby appoints Success Pact on a non-exclusive basis commencing from "Agreement Date" and would be in effect for one year. Either Party may terminate this Agreement with a thirty (*) days prior written notice to the other, provided that such termination does not affect any ongoing obligations or services in progress.
*.* In the event of a termination, the Client shall pay Success Pact as full compensation all undisputed amounts due, prior to such Notice and for services thereafter rendered as specified in such Notice. Additionally, Success Pact shall deliver a detailed invoice and supporting documentation for all amounts claimed.
*.* In the event of a material breach by Success Pact, the Client may terminate this Agreement immediately upon written notice to Success Pact, without any obligation to provide prior notice.
*.* Notwithstanding any termination of this Agreement, the provisions of this Agreement that by their nature should survive termination or expiration will survive, including but not limited to confidentiality, indemnification, and dispute resolution.
*.* Neither Partyshall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to events beyond the reasonable control of the Party, such as acts of God, war, or natural disasters.
*.* Client reserves the right to audit Success Pact’s compliance with the terms of this Agreement upon reasonable notice.
*.* Upon termination, Success Pact shall provide reasonable assistance to Client to transition services to another provider.
Would you like to review another section or need help with anything else?
it can be added to client interest?
Yes, the refined clauses can significantly safeguard the client's interests by providing clear terms for termination, audit rights, transition assistance, and protections against breaches. These additions ensure that the client has legal recourse and support if issues arise.
Do you need help with any other specific sections of the agreement?
re-phrase into one sentence to add my comments into the agreement
Sure, here’s a rephrased version:
"Please include my comments in the agreement to ensure all clauses are favorable and protect our interests, particularly regarding termination, audit rights, and transition assistance."
draft this please
---
Below are the questions that were asked and the answers the person gave:
Question: I am FreeLawChat and I provide legal assistance to help you with your legal issue. May I have your name please?
Answer: I will be sharing a recruitment service agreement which we are rendering from one of the consultants. I will share the clause; please let me know if any of these contain unfavorable or negative clauses to us.
Question: Sure, I'd be happy to help with that. Please go ahead and share the clause from the recruitment service agreement that you'd like me to review.
Answer:
*. TERM & TERMINATION
*.* Client hereby appoints Success Pact on a non-exclusive basis commencing from "Agreement Date" and would be in effect for one year. Either Party may terminate this Agreement with thirty (*) days prior written notice to the other.
*.* In the event of a termination, the Client shall pay Success Pact as full compensation all undisputed amounts due, prior to such Notice and for services thereafter rendered as specified in such Notice.
Question: The Term & Termination clauses you've shared seem fairly standard. However, consider the following points:
- Non-exclusive basis: This means youcan hire other consultants simultaneously.
- *-day notice: This is a typical termination period.
- Payment upon termination: Ensure you keep records to avoid disputes on "undisputed amounts."
Would you like to review any other clauses?
Answer: Add comments into the above clause that can be amended to safeguard client interest.
Question: To safeguard your interests, consider adding the following amendments:
- *.*: "Client hereby appoints Success Pact on a non-exclusive basis commencing from 'Agreement Date' and would be in effect for one year. Either Party may terminate this Agreement with a thirty (*) days prior written notice to the other, provided that such termination does not affect any ongoing obligations or services in progress."
- *.*: "In the event of a termination, the Client shall pay Success Pact as full compensation all undisputed amounts due, prior to such Notice and for services thereafter rendered as specified in such Notice. Additionally, Success Pact shall deliver a detailed invoice and supporting documentation for all amounts claimed."
Would you like assistance with any other clauses?
Answer: Immediate termination if breach done by Success Pact can be added by our side?
Question: Yes, you can include a clause regarding immediate termination in case of a breach by
*.*. In the event of multiple vendors used by the Client, if a candidate has been sourced by Success Pact and other vendors too, the sourcing credit will be given to the vendor who sourced it first on first-come first-served basis. If Success pact turns out to be the first one who sourced the candidate, the effort undertaken by Success Pact towards sourcing the candidate and closure of this mandate must be recognized and Success Pact shall be eligible to the fees for placing such a candidate. in the above clause please mentioned any negative or unfavorable clause
The clause is generally fair, but here are potential issues to safeguard client interests:
- Ambiguity in Sourcing Credit: Clearly define what "sourced first" means to avoid disputes.
- Recognition and Fees: Specify criteria for recognizing effort and fees to avoid subjective judgments.
Would you like to refine this clause further?
any added comment any negative or unfavorable clause
The clause seems fair but could benefit from added clarity to avoid potential disputes. Here are some points to consider:
- Ambiguity in "Sourced First": Clearly define what constitutes "sourced first" (e.g., time-stamped email or system log).
- Recognition and Fees: Be specific about the criteria for recognizing effort and fees to avoid subjective judgments.
Would you like to refine this clause further?
*.*. REPLACEMENT CLAUSE: *.*.*. In the event that, within a period of ninety (*) days from the commencement of a Candidate’s employment, the Candidate either resigns from employment with the Client or is terminated by the Client due to reasons of fraud, misappropriation, behavioral misconduct, sabotage, or the furnishing of false or inaccurate information in pursuit of employment, Success Pact shall be obligated to furnish a replacement Candidate within sixty (*) days or refund the Client for any Professional Fee already paid, with such refund to be effected within thirty (*) days subsequent to the expiration of the aforementioned sixty-day period. in the above clause please any negative or unfavorable clause to client
Case Rating: *
The clause is generally fair, but here are potential issues to safeguard client interests:
- Limited Reasons for Replacement: The reasons for replacement are narrowly defined. Consider adding more scenarios where a replacement or refund is warranted.
- Obligation to Notify: Make sure the timeframe for notifying Success Pact is reasonable and clearly defined.
Would you like to add any specific scenarios or refine this clause further?
*.*.*. In the event that the position is closed by either another vendor or an internal team of the client within the *-day timeframe specified as under Clause *.*.* for furnishing a replacement, and Success Pact is not provided with the opportunity to supply a replacement candidate, Success Pact shall adjust any previously remitted fees by applying them towards future placements.
The clause is mostly fair but here are potential issues to consider for safeguarding client interests:
- Opportunity to Supply Replacement: Ensure that "opportunity to supply" is clearly defined to avoid any ambiguity.
- Adjustment of Fees: Be specific about how the adjustment will be calculated to avoid disputes.
Would you like to refine this clause further or need help with another clause?
*. LIMITATION OF LIABILITY: *.*. The total aggregate liability of Success Pact to the client for any and all claims arising out of or related to this agreement, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the client to the service provider for the services provided during the one-month period immediately preceding the event giving rise to such liability. *.*. This limitation of liability shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive termination or expiration of this agreement. *.*. The parties acknowledge and agree that the limitations set forth in this clause are a fundamental basis of the bargain between the parties, and that the service provider would not have entered into this agreement without such limitations.
The Limitation of Liability clause is generally fair but could potentially be unfavorable to the client. Here are some points to consider:
- Aggregate Liability: Limiting liability to the fees paid in the one-month period preceding the event may not cover significant damages.
- Survivability: Ensure this clause doesn’t undermine other protective provisions.
Would you like to refine this clause or need help with another section?