Terms and Conditions
1. Introduction These are the general terms and conditions of Achievers Human Capital USA LLC ("Achievers"), a staffing agency specializing in recruiting and placing candidates with clients. These terms apply to all services provided by Achievers.
1.1 Definitions
Candidate: An individual proposed by Achievers for employment with clients.
Assignment: An agreement whereby Achievers recruits and selects candidates for employment by the client.
Client: A legal entity working with Achievers for staffing and recruitment.
Parties: Refers collectively to Achievers and the Client.
2. Applicability
2.1. These terms and conditions apply from September 1, 2024, to all services provided by Achievers. Deviating terms from the Client are only valid if expressly accepted in writing by Achievers.
3. Recruitment & Selection
3.1. Assignment specifications will be documented via email in a collaboration proposal.
3.2. Achievers is responsible for recruiting, interviewing, and selecting candidates. Achievers may assist in candidate screening.
3.3. Achievers is not liable for the accuracy or completeness of information provided by the Client, Candidate, or references.
3.4. Achievers' service is considered delivered once the Candidate signs an employment agreement or contract with the Client. Achievers is not a party to the execution of employment agreements between the Client and the Candidate.
4. Payment to Achievers / Recruitment Fee
4.1. If the agreement is made with a company affiliated with other entities (e.g., subsidiaries), all such entities are jointly and severally liable for payment, regardless of the invoice's addressee.
4.2. The Client owes Achievers the fee when the Candidate signs an employment agreement with the Client.
4.3. If the recruitment fee is a percentage, it is calculated based on the gross annual salary for a 12-month full-time position (40 hours per week), regardless of the contract’s actual duration. The formula is: 12 (12 months) x gross monthly salary x agreed percentage.
5. Termination or Amendment of Candidate Agreement
5.1. If the employment agreement or its terms are amended, nullified, or prematurely terminated, it does not alter the agreed or invoiced recruitment fee. The Client remains fully liable for the fee. This includes changes to working hours or salary.
5.2. If a guarantee policy is agreed upon, it applies only if the Candidate leaves during the probation period, provided it is not caused by the Client’s actions, negligence, or failure (e.g., poor working conditions, insufficient training, breach of promises, or unrealistic workloads).
6. Non-Recruitment Clause
6.1. If the Client or an affiliated entity establishes any working relationship with a Candidate introduced by Achievers within 24 months of introduction, the full recruitment fee is owed, even if the Candidate is presented through another agency or independently.
6.2. The Client guarantees that all affiliated entities comply with this clause.
6.3. The Client may not share Candidate information provided by Achievers with third parties or present Candidates to third parties.
6.4. Violation of clauses 6.1 or 6.3 results in an immediate penalty of 22% of the Candidate’s full-time gross annual salary owed to Achievers.
6.5. The Client and affiliated entities are prohibited from entering into any employment or contractual relationship with Achievers’ employees or representatives during and for 12 months following the Assignment without prior written consent from Achievers.
7. Liability
7.1. The Client is responsible for verifying Candidates' credentials and assessing their suitability for the role before hiring. The Client has better insights into the specific requirements, work environment, and expectations for the position.
8. For Candidates
8.1. Personal Data: Achievers processes Candidates' personal data based on consent. This includes name, contact information, work-related data from resumes or LinkedIn profiles, background checks, and other information provided by the Candidate. Special categories of data are not processed.
8.2. By providing this data, Candidates consent to Achievers sharing it with third parties as necessary to deliver agreed-upon services. Third parties may also contact the Candidate for these services.
8.3. By using Achievers’ services, the Candidate agrees that Achievers may obtain information from third parties and verify their work experience with former employers or colleagues.
8.4. The Candidate confirms that references provided are objective and truthful accounts of their professional relationship. References must not include friends, family, or others with personal connections to maintain impartiality and integrity.
9. Governing Law This agreement is governed by and construed under the laws of the United States, specifically the state of [state], without regard to its conflict of law provisions.
10. Acceptance By engaging Achievers Human Capital USA LLC, the Client and Candidate agree to these Terms and Conditions.