Service Agreement

By accepting the terms and conditions herein you will have immediate access to view resumes within Vytal on Demand.  By viewing the resume(s), that action will constitute the submittal of said resume(s) to your organization. Transition Staffing Group Inc. (TSG) will then be the authorized representative of said candidate. Additionally, accepting these terms and conditions binds you to Transition Staffing Group’s standard Service Agreement included below. Should your organization already have an executed Service Agreement in place within the last 36 months with Transition Staffing Group, that prior Agreement’s terms and conditions, fee, etc. will supersede the Service Agreement below.

You also agree that you are an authorized signer of your current organization; I have the authority to sign and legally bind the organization to TSG’s Agreement. I acknowledge and take responsibility to notify any and all members of my organizations’ Executive and Human Resource Team of this Agreement by providing copies of the Agreement. I acknowledge that upon signing below, I will receive a follow up email of the Agreement for me to distribute internally.

You agree that you are not a competing organization to Transition Staffing Group and viewing resumes is strictly for the purpose of evaluating candidates to hire internally within your current company.

1. Pricing and Process of Services

It is understood by the undersigned, “Client” that our recruiters work on a contingency basis and as such a contingency search job order is worked on a “time/resource available” basis. Each order must be balanced against all the other orders currently available to the Recruiter. Because the relationship is nonexclusive, the candidates surfaced can be and will be presented to more than one Client. The fee for our services is earned if a candidate is hired, directly or indirectly on a direct hire or consulting basis by Client or any of its affiliates within one (1) year of the date candidate(s) are submitted to the Client. The fee is also earned in the event Client refers the candidate to another company who hires the candidate or sources and hires a reference supplied by candidate or Transition Staffing Group (TSG). The fee is contingent on the hire, not the referral and is payable if the candidate is hired within one year of the last submittal. TSG’s Direct-Hire Success Fee is 25% of the new employee’s (TSG Candidate) first year guaranteed compensation.

2. Competing Referrals between Client and TSG

Client has ten (10) business days from the resume submittal date to inform TSG if the candidate was previously presented from any other recruiting resource including but not limited to internal recruiting staff, postings, or other recruiting agencies. If Client does not inform TSG within ten (10) business days, TSG is the sole authorized representative of the candidate for a period of one (1) year. If there are competing claims for the hire of a candidate by two (2) or more sources, the date on which the agency sent the resume shall be deemed conclusive as to which claimant is entitled to the fee. In the event Client schedules an interview with a candidate, TSG is the sole authorized representative regardless of the ten-day timeframe. Should said Client hire a candidate a TSG representative presented within the one-year period, TSG has earned a Success Fee. Should a Client circumvent the agreed upon Service Agreement after discovering a Candidate through the efforts by TSG, the Client will pay a Success Fee equal to 25% of the 1st year base salary.

3. Payment Terms – Direct Hire

TSG conducts all searches on a contingency basis and we offer the longest guarantee period in San Diego. Our goal is to offer our Clients a service and guarantee unprecedented in the marketplace. Once an offer has been accepted by TSG’s candidate, the placement fee has been earned and an invoice will be generated. Client will be invoiced for services on the candidate’s start date. Payment is due 10 days from the invoice/start date. If payment is not received at our Corporate Office based within the payment terms, TSG is not obligated to honor said placement guarantee.

4. Guarantee – Direct Hire

TSG offers a ninety (90) day replacement guarantee on all Direct-Hire placements made by a TSG professional. In the unfortunate event a candidate placed by TSG should voluntarily leave or be terminated during the guarantee period following the start date, TSG will conduct a similar search and make a new placement at no charge to Client. The guarantee does not apply if the candidate is terminated due to Clients reorganization or merger, or if the candidate resigns due to the Company’s violation of any local, state or federal employment law.

Should the annual salary of the replacement candidates be higher than the original candidate salary, the negotiated fee in this Agreement will be assessed on the difference of the two salaries.
TSG will keep an open credit if something undesirable does take place but the replacement must be made within six (6) months from the date of notification.

5. Pricing and Process for Consulting/Temporary Services

TSG conducts each search on a contingency basis. The extensive and detailed recruitment efforts put forth by TSG professionals is conducted at no charge to our Clients. When a candidate is selected to begin a consulting engagement on a temporary or temp-to-hire basis, a bill rate will be assessed and agreed upon by Client before the candidates begins the assignment. Clients will receive a weekly invoice for the hours worked by the TSG consultant. Invoices are due net 10 from invoice date.

Temporary invoices that are unpaid within 30 days of the invoice date will be charged interest at 1.5% per month.

6. Conversion Policy and Payment Terms – Temp Placements

Our Clients often decide to hire our consultants after evaluating their skills while on a temporary or temp-to-hire engagement. Clients may convert a consultant onto their payroll after at least a seven-calendar day notice has been provided from Client to their TSG Recruiter via email. Prior to the conversion, a final conversion estimate will be provided and it must be approved via email by Client. By the conversion date, all prior temporary invoices must be paid in full. Payment for conversion invoices are due 10 days from the invoice/start date.

7. Responsibility

Transition Staffing Group will make every reasonable effort to resolve any unforeseen issues that may arise during our successful placement. In the event legal action is instituted by either party to enforce any part of this Agreement, the prevailing party will be entitled to all reasonable attorney fees and other legal costs incurred in such actions. In no event shall either party be liable to the other party for any indirect, special or consequential damage. This Agreement cancels and supersedes any previous written or verbal Agreements. Acceptance of referred candidates constitutes approval of the above Fee Policy Provisions with or without signatures on this Service Agreement. TSG’s rates are proprietary and are not to be discussed or shared with outside parties including but not limited to TSG’s competitors’ i.e. recruiting agencies and/or their affiliates. This Agreement is governed by and interpreted in accordance with applicable laws of the state of California.

 

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