Legal

Terms of Service

As a Client of Corporate Staffing Solutions, you are subject to and agree in full, to the following:

Application Fee

Client will pay a one-time non-refundable $199 application fee (the “Application Fee”) to Corporate Staffing Solutions. The Application Fee is due with the signed Introduction Agreement. No additional fees are required until Client employs a candidate.

Presentation of Candidates

Corporate Staffing Solutions will introduce potential Candidates (“Candidate”) for consideration for employment by Client. Client understands and acknowledges that Corporate Staffing Solutions is only an introduction/referral service and the decision whether to hire a particular Candidate resides solely in the absolute discretion of Client.

The Client further acknowledges and agrees that if Client hires a Candidate, the employment relationship shall be directly and exclusively between the Client and the Candidate, and that Corporate Staffing Solutions is not a party to any agreement between Client and Candidate.

Client acknowledges that Corporate Staffing Solutions does not exercise any control over the wages, hours or working conditions of Candidates. The work schedule, compensation, method, manner and means of employment and all other terms and conditions of employment will be determined by Client and Candidate.

Client further understands and acknowledges that Client is responsible for all employer related wages, benefits, taxes, withholdings, worker’s compensation insurance and all other obligations and requirements according to applicable law.

Time Limitation on Introduction

Should Client not elect to employ initial Candidate introduced to Client by Corporate Staffing Solutions, Corporate Staffing Solutions will arrange additional introductions. However, the obligation of Corporate Staffing Solutions to introduce additional Candidates expires one year after receipt of an executed Placement Introduction Agreement. Corporate Staffing Solutions shall have no further obligations to Client under this Introduction Agreement after the expiration of this one-year period.

Placement Fees

If Client elects to employ a Candidate, Client agrees to immediately confirm this in writing and forward to Corporate Staffing Solutions the non-refundable placement fee. Placement fees are adjusted to your local market. Please contact Corporate Staffing Solutions to obtain a current placement fee schedule for your area.

Replacement Guarantee

Corporate Staffing Solutions provides a sixty (60) calendar day guarantee in connection with a Candidate placed pursuant to this Agreement where: i) the original Candidate is hired for a full-time position requiring thirty (30) or more hours of work per week, and ii) the replacement Candidate position is a full-time position requiring thirty (30) or more hours of work per week. No Replacement Guarantee is offered where the original Candidate is hired for a position offering less than thirty (30) hours of work per week. In the event that the original Candidate employed by Client needs to be replaced during the first sixty (60) calendar days of employment with Client, without regard to the reason for the replacement, Corporate Staffing Solutions will, until the expiration of the Replacement Period, introduce to Client additional Candidates to replace the original Candidate hired by Client.

There shall be no obligation to introduce additional Candidates when the Replacement Period expires. The Replacement Period shall expire twelve (12) months from the date of hire of the original Candidate’s Start Date. Corporate Staffing Solutions will only honor its Replacement Guarantee if it receives a signed Start Date Placement Agreement and payment in full of the Placement Fee. A request for a Replacement Candidate must be made in writing to Corporate Staffing Solutions and received by it within the sixty (60) day Guarantee Period.

Corporate Staffing Solutions may agree, in its sole discretion, to honor a timely replacement request which allows the original Candidate to remain employed after the sixty (60) day Guarantee Period while a search for a replacement Candidate is conducted. If the original Candidate remains employed, Client agrees that they shall respond to any submission of proposed Replacement Candidates no later than seven (7) calendar days of the date Corporate Staffing Solutions forwarded Client the replacement Candidate’s information. Failure to respond within seven (7) calendar days will void the Replacement Guarantee.

Corporate Staffing Solutions may, in its sole discretion, elect to terminate its obligation to find a replacement Candidate by: (i) notifying Client by email of its intention to terminate and (ii) refunding to Client any placement fee for the Candidate/Employee for whom a replacement Candidate is requested.

The Replacement Guarantee shall be null and void if Client has  (1)fails to pay all fees and charges to Corporate Staffing Solutions in a timely manner; or (2) materially changed Candidates/employees job duties or job description, or (3) engaged in any acts of harassment, abuse or moral turpitude or (4) failed to comply with any laws, regulations or rules relative to the employment if the Candidate.

Candidate Screening

Corporate Staffing Solutions will provide Client with the Introduction of Candidate Profiles. If Client elects to employ a Candidate, subject only to satisfactory completion of background check(s), Client will promptly confirm this in writing by forwarding an executed copy of the Start Date Agreement to Corporate Staffing Solutions. At that time, subject to applicable law, Corporate Staffing Solutions will commence on behalf of Client the completion of the following tests (if not yet completed): Nationwide Criminal Records Investigation, The Nationwide Sex & Violent Offenders Search and The Motor Vehicle Record Report for Validity Only (only if Candidate has a valid driver’s license). Corporate Staffing Solutions will pay for the costs of these tests. If the results from any of these tests come back positive and Client elects not to employ the Candidate, Corporate Staffing Solutions will introduce additional Candidates. It will be the sole responsibility of the Client to review these results and determine whether or not to employ a particular Candidate based upon these results. Corporate Staffing Solutions uses third party vendors to perform all background checks and makes no representations or warranties concerning their reports or test results.

Criminal Background and Other Checks

Corporate Staffing Solutions complies with all applicable federal, state, and local laws and regulations concerning criminal background and other checks on Candidates. Certain jurisdictions do not permit criminal background checks or other checks to be performed prior to the Candidate receiving a condition-al offer of employment (known as “ban-the box” legislation). Such an offer of employment may be made expressly contingent upon satisfaction, in the sole discretion of the Client/Employer, of the following conditions: (a) reference check; (b) criminal background check, and (c) social media check. Client acknowledges that criminal and other background checks are performed by third party vendors in accordance with applicable industry standards and that such searches or checks may be limited in direction or scope, for example, ten years for criminal checks, and as a result may not include all existing information. Client agrees to receive background check results in oral or written form.

Release and Indemnification

Client understands and acknowledges that Corporate Staffing Solutions is not responsible or liable for the actions, omissions, negligence, misfeasance, or other conduct of a Candidate/Employee. Accordingly, Client, on behalf of himself, herself or it/themselves, and on behalf of their children or minors or others for which the services are being requested, and all other persons or entities with whom the Candidate/Employee may interact, agrees to indemnify and hold Corporate Staffing Solutions harmless from any and all claims or causes of action, of any nature whatsoever, that may be made based on the actions, omissions, negligence, misfeasance, malfeasance or other conduct of a Candidate/Employee.

Further, Client agrees to release and discharge Corporate Staffing Solutions, and its principals, employees, agents, representatives, officers and directors (the “Released Parties”) from any and all actions or causes of actions arising or relating from the introduction of a Candidate or the hiring of a Candidate, including but not limited to, any damage or injuries sustained as a result of Client retaining the services of a Candidate prior to receiving the results of screening.

Corporate Staffing Solutions assumes no responsibility with respect to the compliance with federal or state laws concerning, but not limited to, the employment, immigration, residency, insurance, taxes or other legal requirements pertaining to a Candidate, all of which are the sole and exclusive responsibility of Client and for which Client agrees to indemnify the Released Parties should it incur any costs (including attorneys’ fees), fines and penalties as a result of Client retaining the services of Candidate.

Wrongful Hire of Candidate

In the event that Client employs any Candidate without payment of the Placement fee, or refers any Candidate to any person or entity within a 50 mile radius of Client’s address set forth above, and fails to forward to Corporate Staffing Solutions the Placement Fee, Client shall be in breach of this Introduction Agreement. In the event of a breach by Client, Corporate Staffing Solutions shall be entitled to collect the Placement fee and otherwise enforce all of its rights and remedies against Client as set forth herein and as available under law. Corporate Staffing Solutions will have no further obligation to Client under this Introduction Agreement if Client is in breach. Client further acknowledges and agrees that if Client employs any Candidate introduced to Client by Corporate Staffing Solutions within one year from the date of original referral, Client shall be liable for the payment of the Placement Fee. Client further acknowledges and agrees that all files and information regarding Candidates introduced by Corporate Staffing Solutions are the sole and exclusive property of Corporate Staffing Solutions and shall be held by Client in strict confidence. Client shall not disclose to any third party the names, addresses or telephone numbers of any Candidates introduced to Client, or other Candidate information provided by Corporate Staffing Solutions, for any purpose, other than in connection with the employment by Client of the Candidate.

Costs, Attorney’s Fees, and Interest

In the event Client fails to pay the Placement Fee in full and in a timely manner, or Client otherwise breaches any other provisions of this Introduction Agreement, Client acknowledges and agrees that it shall be responsible to pay Corporate Staffing Solutions all fees, costs and expenses, including filing fees and attorneys’ fees, incurred by Corporate Staffing Solutions in connection with enforcing its rights under this Introduction Agreement or in the collection of any Placement Fee. Corporate Staffing Solutions will charge interest on any fees or portions thereof not paid when due. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT) (10%) ANNUAL PERCENTAGE RATE. The unpaid balance will bear interest until paid in full.

Venue, Jurisdiction and Service of Process

Client agrees that any action brought to enforce either parties’ rights or obligations under this Placement Introduction Agreement shall be brought exclusively before the Court of Common Pleas, Montgomery County, Pennsylvania and Client irrevocably consents to the personal jurisdiction of this Court over its person to determine the rights of the respective parties under this Agreement. In addition, Client agrees that service of process is effective by certified mail addressed to the Client at the location set forth above and further consents to be governed by Pennsylvania law, without regard to choice of law principles.

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