Terms and Conditions of Business
Permanent Recruitment Services | Canada
These Terms and Conditions of Business are between The Riley Group Inc. (the “Agency”) and the client receiving recruitment services (the “Client”). These Terms are deemed accepted where the Client interviews, engages, employs or otherwise uses the services of a candidate introduced by the Agency.
20%
Standard Placement Fee
Based on the candidate's first-year base salary
Notification of Engagement
The Client will notify the Agency immediately if a candidate introduced by the Agency is engaged. The Client will provide the information reasonably required to calculate the placement fee, including the candidate's agreed first-year base salary.
Placement Fee
The fee payable by the Client for an introduction resulting in an engagement is 20% of the candidate's first-year base salary, unless a different fee is agreed in writing between the Agency and the Client.
Introductions and Ownership
Introductions made by the Agency are confidential and are made specifically to the Client. If, within twelve (12) months of an introduction, the Client or any member of the Client's staff passes the candidate's details to another person, firm, affiliate or corporation and that introduction results in an engagement, the Client will be liable for the applicable placement fee.
Engagement Following Introduction
A full placement fee will be payable where a candidate is engaged by the Client as a consequence of, or resulting from, an introduction by the Agency within twelve (12) months of that introduction.
Limitation of Liability
Except to the extent liability is caused by the Agency's failure to properly perform its services under these Terms, the Agency accepts no liability for loss or damage to property, loss of profits, consequential loss, or injury arising from the engagement or acts of a candidate. The Client remains responsible for its own hiring decision, references, background checks, licensing, immigration/work authorization and any other checks required for the position.
Invoices and Payment
Invoices are due within fourteen (14) days of the candidate's employment commencement date, not fourteen days from the date the invoice is received. Any applicable sales taxes will be added where required by law.
Replacement Guarantee
If a permanently placed candidate leaves the Client for any reason, including resignation or termination, within the first ninety (90) days of employment, the Agency will provide one free replacement search. The replacement search will remain available for a maximum of one (1) year following the candidate's last day of employment. The replacement guarantee is a replacement service and not a cash rebate unless otherwise agreed in writing.
Conditions of Guarantee
The replacement guarantee applies only where the original invoice has been paid in full within fourteen (14) days of the candidate's employment commencement date. If payment is late, the Agency will have no obligation to provide a replacement or rebate. The Client must also notify the Agency promptly when the candidate's employment ends.
Termination
Either the Client or the Agency may terminate the recruitment relationship at any time for any reason by providing ten (10) days' written notice. Termination will not affect any placement fee already earned, outstanding invoice, candidate introduction protection period, confidentiality obligation, or other provision intended to survive termination.
Confidentiality
Each party agrees to keep confidential the commercial terms of its agreement with the other party and any confidential business information disclosed in connection with the recruitment relationship, except where disclosure is required by law or reasonably required to obtain professional advice.
Entire Agreement and Amendments
These Terms, together with any written fee agreement or engagement terms agreed between the parties, constitute the entire agreement relating to the Agency's recruitment services. Any amendment, supplement or modification must be agreed in writing by the parties. A waiver of one provision will not constitute a waiver of any other provision or a continuing waiver.
Successors, Severability and Governing Law
These Terms are binding upon the parties and their respective successors and permitted assigns. If any provision is found invalid, illegal or unenforceable, the remaining provisions will continue in full force. These Terms will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
Electronic Acceptance and Signatures
These Terms may be accepted electronically and may be executed in counterparts. Electronic, scanned or emailed signatures may be treated as originals to the extent permitted by applicable law.