- Agent: The supplier of the candidate search and presentation service. Under law, the Agent is incorporated as Smart Sales Talent (partnership), t/a Smart Sales Platform and is licensed [Licence No. EA4145] as a Recruitment Agency by the Minister for Jobs, Enterprise and Innovation pursuant to Section 3 of the Employment Agency Act, 1971. Address: 18-19 College Green, Dublin 2. Tel: +353-1-9081298.
- Client: The party using and paying for the recruitment services of the Agent.
- Candidate: The party who has willingly agreed to allow the Agent to present their application – and necessary data and information – to the Client.
2 Service: The Agent shall endeavour to ensure the maximum suitability of any candidate introduced to the Client and to maintain a high standard of service, timeliness and integrity.
3 Mutual Conduct, Obligations and Best Practices in the Recruitment Process
- Both Client and Agent are dependent on the participation of candidate(s) in the recruitment process. Therefore, it is the responsibility of both parties to engage in a timely manner in terms of candidate CV review and scheduling of interviews, meetings, tasks and interactions and feedback to the candidate.
- Candidate details are only submitted where the Client has agreed to a scheduled review date and time for the submitted candidate(s).
- The Agent’s expectation is that all of the candidates presented warrant at a minimum, an initial interview based on the Agent’s recommendation. Such a recommendation is based more on candidate screening than their CV per se. This is especially relevant where several individuals and / or parties are viewing the submitted CV and usually each party will have at least one reason not to want to interview a candidate based on the CV alone.
- The Client shall be responsible for final checking and acceptance of a candidate’s qualifications, references, security & medical histories and all related outcomes. The Agent can facilitate relevant communications and logistics.
- Candidate references should only be checked and potential referees should only be contacted subject to consent and express permission requirements under data protection law, including, but not exclusively the General Data Protection Regulation. It is good practice to alert colleagues to their individual and collective responsibilities with regard to the treatment of the personal data of candidates (who are non-employees).
- The Client is responsible for offer negotiations and all related outcomes, though the Agent may facilitate communication and related logistics.
- The Agent and Client – as Controllers and Processors of Shared Personal Data – are subject to the provisions of the General Data Protection Regulation and related legislation and regulations and relevant amendments over time. https://www.dataprotection.ie/en/organisations
- On application.
- All introduction fees are expressed as a percentage of the total first year’s gross annual remuneration package, including guaranteed commission(s), guaranteed bonus, car allowance / car benefit value.
- If there is a probationary period where salary and/or remuneration package is automatically increased at the end of the period, that is considered the Year 1 total remuneration package for the purposes of this agreement.
- A company car is valued at €8,000 additional salary, where applicable.
- VAT extra 23%. If VAT exempt, please provide the necessary Certificate.
5 Payment Terms:
- Payment is due on acceptance of the offer by the candidate.
- Where a candidate has accepted an offer but withdraws before the agreed commencement date or subsequently within 12 weeks of the commencement date, the above payment terms still apply. The Replacement Guarantee (6 below) obligation of the Agent then applies.
- Where the Client makes and offer and subsequently, for whatever reason, withdraws the offer, the same payment and replacement terms and obligations apply.
6 Replacement Guarantee: In the event that any Candidate terminates, or the Client terminates the engagement within 12 weeks of the notified date upon which such Candidate commenced work for the Client and provided that a) the Client notifies the Agent in writing of the termination of engagement within 7 days of the last day of the placed candidate’s final paid day and b) the Client (or related entity or organisation) does not re-engage the Candidate within 15 months of the initial introduction date and c) the termination is not due to redundancy or lack of work and d) all monies due from the Client have been paid in accordance with these terms of business, then the Agent will endeavour to seek a replacement (to remuneration up to the same value as the leaver) at no extra cost to the Client. If eventually unsuccessful, Agent will pay the Client a refund against the fees paid as follows: Up to 6 weeks service 50% refund; 7 – 12 weeks service 25% refund.
7 Referral & Introduction Terms:
- A candidate is considered referred once the Agent provides details of that candidate, irrespective of the Client’s prior knowledge of the candidate. In the event that any Candidate introduced by the Agent is subsequently employed by the Client (or related organisation, or by referral to another organisation) in any capacity whether as temporary, permanent or self-employed, within 15 months of the initial introduction date, whether referred internally, by another Agency / Agent or by any other means, the Client shall pay initial due fee.
- Retained Assignment: Defined as an assignment where by the Client gives the Agent an exclusive assignment for an agreed period. A retained assignment includes a one-third advance fee payment amount (not less than €3,000) that will be deducted from the final invoice. Work will commence on receipt of payment.
- For a retained assignment, where the role and/ or candidate specification materially changes, the Agent reserves the right to apply a minimum 10% fee as per the normal terms.
8 Responsibility and Liability:
- The Agent is supplying a service and makes no warranty, express or implied, as to the outcome of hiring any Candidate introduced to the Client. The Agent accepts no liability whatsoever for any loss, damage, costs or expenses, howsoever caused which the Client may suffer, or for which the Client may become liable, as a result of the introduction to the Client or engagement by the Client of a Candidate
- The Agent will not be liable for any wrongful, negligent, wilful or dishonest behaviour or omission of the candidate. Any direct or indirect loss to property, personnel, or to profits is the responsibility of the client.
- The Agent will not be liable for any wrongful, negligent, wilful or dishonest behaviour or omission of the Client, deliberate or otherwise, during the recruitment process, including offer and acceptance stages and subsequent notice and employment periods.
- These published Terms are applicable in all circumstances unless otherwise agreed in writing.
- Terms are automatically applicable once a candidate is referred to the Client irrespective of the existence of a written agreement or order.
- Where a candidate self-refers to a client and where the Agent has prompted, facilitated or enabled that referral, these Terms equally apply, including all fee and payment terms.
- Terms written under the laws of Ireland.