Standard Terms of Business (US)

This confirms our confidential and exclusive agreement for contingency search and placement services with you. If these terms do not reflect your understanding of our agreement, please call us immediately.

Our service fees are on a contingency basis and are payable only if a candidate enters into a service relationship with you or your affiliate within one year after our most recent communication relating to the candidate.

Our service fee is equal to twenty percent (20%) of the candidate's first year's salary (salary and guarantees).

If the service relationship between you and the candidate is terminated for any reason before the 30th calendar day after its start, we will replace the candidate, provided that you notify us in writing of all facts relating to the termination of the relationship within five (5) business days after its termination. However, our guarantee does not apply if the termination is a result of a layoff for economic reasons; you have insufficient work for the candidate, elimination of the position, a substantial change in the job description or reporting structure, merger or acquisition, a change in compensation package, etc. This guarantee is to allow you to satisfy yourself that the candidate has the requisite experience and qualifications, and that information provided by the candidate and other sources, directly or through us, is accurate. THIS GUARANTEE SHALL BE YOUR SOLE REMEDY.

Our service fee, which will be invoiced when you and the candidate agree to enter into the service relationship, will be due in full within fifteen (15) days after the date the candidate starts. Our guarantee is valid only if we receive payment of our service fee, in full, when the invoice is due.

Your acceptance of referrals from us shall be conclusive evidence of your acceptance of our schedule of charges, terms and conditions, unless we have signed a written modification. If collection activities are necessary, you agree to pay all expenses thereof, including reasonable attorney's fees. You consent to the jurisdiction of the courts of the State of Colorado, and agree that its laws shall govern our relationship.

Candidates are referred to you in confidence. Should you refer or identify such a candidate to another company that enters into a service relationship with the Candidate, both companies shall be responsible for the payment of the service fee.

The following definitions are applicable to this Agreement: "Candidate" means a person referred to you by us, directly or indirectly. "Refer" means the disclosure by us of the identity of a candidate by any means, orally or in writing. "Service Relationship" means your engagement of the services of the candidate in any capacity, including as an employee, independent contractor, consultant, or other representative. "First Year’s Salary" means the guaranteed base salary, commission, bonus or any other non-recoverable compensation that will be earned by the candidate during the first year of the service relationship. “Replace the Candidate” means providing a candidate that would be a suitable replacement, and has a similar skill set and background to the candidate originally placed for the position originally defined.

We do not discriminate in the acceptance or referral of candidates on the basis of race, color, religion, sex, age, national origin, marital status, disability, or other protected characteristic.

By signing this Fee Agreement, you agree to the Terms and Conditions as stated herein.

It is our pleasure to be of service to you, and to work with you towards the successful fulfillment of your hiring requirements.