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Terms of Business

Manila Recruitment is a brand operated by Barefoot Ventures Asia, Inc. (hereinafter referred to as “Manila Recruitment”). All business conducted with Manila Recruitment shall be under the terms below. Acceptance of a Proposal or commencement of any service between Manila Recruitment and a company seeking recruitment services (hereinafter referred to as “Client”) indicates the Client’s acceptance of these Terms and Conditions for all recruitment services to be undertaken.

  1. Terms and Conditions:
    1. Unless specified by Manila Recruitment in writing these terms and conditions as set out herein shall govern all work undertaken on behalf of the Client.
  2.  Exclusivity:
    1. Client hereby appoints Manila Recruitment as the exclusive source of recruitment (both internally and externally) for all positions covered in the “Proposal” for a period of thirty (30) calendar days. The period of exclusivity is specific to each position and shall begin upon mutual agreement of the “Job Description” for each position between Manila Recruitment and Client.
    2. In the event that Client appoints a candidate during the term of the exclusivity from alternative sources or via their own means, it is agreed that Manila Recruitment shall be entitled to a success fee equal to 50% of the success fee described below for that particular candidate.
    3. In order to comply with the above clause, Client agrees to provide any and all potential candidates that have been sourced via their own or alternative means to Manila Recruitment for further screening prior to appointing an alternatively sourced candidate.
  3.  Introductions and Appointment of Candidates:
    1. An “Introduction” shall be deemed to have occurred when any employee or representative of the Client requests contact with a Candidate either in writing or orally.
    2. The “Candidate” is any person introduced by Manila Recruitment to the Client as the job applicant.
    3. An “Appointment” occurs immediately if the Client offers employment to the Candidate and the candidate accepts such employment by signing the Job Offer Letter or Contract, whichever comes first.
    4. Client agrees to inform Manila Recruitment within twenty-four (24) hours of an Appointment being made.
    5. Within the twelve (12) months following the initial introduction of a Candidate to the Client or any subsequent re-introduction of a Candidate, if an appointment of a Candidate occurs it shall represent an appointment as governed by these Terms of Business. It shall be subject to the payment of a Success Fee, and a replacement guarantee shall not be provided unless Client informs Manila Recruitment of their intention to hire the Candidate before an Appointment is made, and Manila Recruitment can reassess and agree to the current situation and suitability of the Candidate for the position.
    6. All Candidate information is strictly confidential and if Client distributes a Candidate’s details to a third party following such details being supplied by Manila Recruitment and these details result in the appointment of a candidate by a third party then Client is liable to pay Manila Recruitment the full Success Fee for a period of twelve (12) months. A replacement guarantee shall not be provided.
    7. Client has the liability for ensuring the appropriateness and capability of a Candidate for employment. With the exception of “Executive Search” and “Expat Search”, Client is also responsible for taking references to substantiate skills, qualifications, integrity, and for the satisfaction of medical needs and the requirement of any work permits.
  4. Success Fee:
    1. A “Success Fee” shall be invoiced immediately upon the Appointment of a Candidate. The Success Fee is non-refundable and non-transferable, even if Client withdraws a signed Job Offer.
    2. The Success Fee is based upon the “Regularized Gross Earnings” of the Candidate multiplied by a specific “Monthly Multiplier” plus VAT and remittance fees.
    3. The amount of the Monthly Multiplier varies based on the “Search Type”. The Search Types and the corresponding amounts of the Monthly Multipliers are published on our website (manilarecruitment.com/services) and in your individual Proposal.
    4. A Candidate’s “Regularized Gross Earnings” includes all guaranteed income, plus all allowances and potential commissions and bonuses payable against targets (On Target Earnings).
    5. For “Team Search”, Success Fees are paid separately for each individual Appointment, and are subject to the Monthly Multiplier associated with the Search Type allocated to each particular position.
    6. In the event Client offers a Candidate a trial period, a consulting role, part-time working hours or any other similar arrangement the Success Fee can not be reduced. The same amount of work went into delivering the recruitment service regardless of the hours to be worked by the Candidate. The fee will remain based upon a full-time role and the calculation used will be a forty (40) hour work week, converted into the Monthly Multiplier.
    7. Prior to an offer of employment by the Client to the Candidate, the Client has an obligation to inform Manila Recruitment of the full offer details, total remuneration and the benefits (cash and non-cash) to be offered.
  5. Payment:
    1. Success Fees are payable within fifteen (15) calendar days of an “Appointment” being made.
    2. If the payment is not made within fifteen (15) calendar days the Client may be required to pay interest on the amount due under the invoice of 5% per month.
    3. If Manila Recruitment incurs any legal costs as a result of non-payment or late payment of the invoice, Client shall become liable for 100% of such costs.
  6. Replacement Guarantee:
    1. The “Replacement Guarantee” is activated only against timely and complete payment of the Success Fee.
    2. Manila Recruitment shall at no additional fee replace an employed Candidate on a maximum of one (1) occasion in the event that the employment of the initial employed Candidate is terminated within the agreed “Replacement Guarantee” period
    3. “Replacement Guarantee” periods per Search Type are published on our website (manilarecruitment.com/services) and in your individual Proposal.
    4. No replacement of the employed Candidate shall be provided to Client if:
      1. The Candidate is made redundant, or if employed on a project basis and the project terminates prematurely;
      2. The cause of replacement has no bearing on the Candidate’s ability, integrity or character;
      3. The Client fails to notify Manila Recruitment in writing within fourteen (14) calendar days of the termination of employment;
      4. The Client withdraws an offer after the Candidate has accepted the offer unless such withdrawal relates to a written condition of the offer;
      5. The terms of the job offer made to the Candidate are amended or are not followed during the guarantee period without the prior, informed and written consent of the Candidate (an amended and signed copy must be provided to Manila Recruitment).
      6. Client and Candidate have an unresolved dispute in front of the Philippine Department of Labor and Employment (DOLE) concerning the terms of employment or dismissal of the Candidate.
      7. Client fails to provide Manila Recruitment with documented proof of the Candidate’s termination of employment.
    5. The Replacement Guarantee is non-transferable.
    6. The Client shall provide Manila Recruitment with at least sixty (60) days of exclusivity to conduct the Replacement.
  7. Invalidity:
    1. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair:
      1. The legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or,
      2. The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
  8. Warranties:
    1. Client and Manila Recruitment both hereby acknowledge that the services of Manila Recruitment are provided as a Candidate headhunting, introduction and appointment service only. The services are not to be construed as an ongoing human resources service, and Client shall be responsible for their own onboarding and ongoing human resources and management concerns towards Offered and hired Candidates.
    2. Client hereby agrees to wholly indemnify Manila Recruitment from any claims that a placed Candidate may make against the Client in connection with the terms of their employment or termination of their employment with the Client.
    3. Client acknowledges that employment orientated disputes between Client and Candidates may ultimately need to be resolved by the Philippine Department of Labor and Employment (DOLE).
    4. Client hereby agrees that a successful recruitment service requires close, two-way cooperation between Manila Recruitment and Client, including expedited communications (responses within a maximum of 2 business day), fast processing of endorsed Candidates, constructive feedback on endorsed Candidates and their interviews, provision of an attractive recruitment experience for endorsed Candidates, and competitive remuneration and benefits packages for Candidates that become subject to an Offer. Client understands that failure to comply shall have a negative impact on Manila Recruitment’s ability to provide a satisfactory recruitment service to Client.
    5. Manila Recruitment hereby agrees to provide expert consultation and service to assist Client to comply with clause (8d) above.
    6. Client hereby warrants that they are financially stable, solvent and has adequate current cash reserves to fulfill its payment obligations under this Agreement, and the subsequent agreements that it shall execute with candidates introduced by Manila Recruitment. Manila Recruitment reserves the right to require the client to submit proof of financial stability, solvency and liquidity.
  9. Documentary Compliance Requirements for Private Employment Agency License Regulations:
    Manila Recruitment is a licensed recruitment agency and has strict reporting requirements with the Philippine Department of Labour and Employment (DOLE). Accordingly:

    1. Client hereby authorises Manila Recruitment to secure executed copies of an employment contract, job offer or similar agreement between Client and Candidate directly from the Candidate, understanding that all introduced Candidates have entered into Candidate Terms and Conditions with Manila Recruitment, and have waived any rights to privacy concerning their terms of employment with Clients;
    2. Client hereby agrees to furnish Manila Recruitment with the following copies of original documentation concerning all placed Candidates in order for Manila Recruitment to comply with its licensing regulations:
      1. Candidate and Client signed employment agreement (or job offer) within twenty four (24) business hours of an Appointment being made;
      2. Medical examination results; police (or similar) clearance results acquired by the Client (if any) within twenty four (24) hours of receiving them.
    2. Accordingly, Manila Recruitment agrees to keep these documents strictly confidential and shall not under any circumstance share them with any third parties other than if requested for compliance with licensing regulations or any other legal requirements.
  10. Governing Law and Jurisdiction:
    1. This Agreement shall be governed by and construed in accordance with the law of the Philippines. The courts of the Philippines shall have principal jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with this Agreement; provided, however, that Manila Recruitment shall not be precluded from pursuing any dispute in the appropriate foreign jurisdiction where the Client is principally registered.
  11. Termination:
    1. This Agreement may be pre-terminated immediately by either Party by providing written notice of termination via email. However, pre-termination shall not release the Client from his obligations to pay any Fees owed for services rendered by Manila Recruitment.
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