Terms and Conditions for Recruitment Services: Direct Hire “The perfect fit”

Introduction

These Terms and Conditions ("Terms") set forth the agreement for the provision of outsourcing services ("Services") by Cultivating Business LLC, doing business as Hiraya VA ("Hiraya VA"), to its clients ("Clients"). By utilizing the Services of Hiraya VA, the Client consents to adhere to these Terms.

1. Service Fee Structure: There is a non-refundable service retainer fee used to cover the costs of recruiting, advertising, and interviewing. This upfront investment initiates the recruitment process.. However, should we fail to find any candidates who meet the defined minimum qualifications as outlined in the job description provided by the client, this fee will be refunded. A "qualified candidate" is defined as an individual who meets all the minimum qualifications specified in the approved job description. These qualifications include, but are not limited to, required skills, experience, education, and any other criteria explicitly stated as necessary for the role.

Additional Success Fee: A success fee, calculated as a percentage of the placed candidate's annual salary, will be invoiced at the 90-day mark following the candidate's start date. This fee is based on the successful integration of the candidate into the client’s team, reflecting their performance and adjustment during this initial period. 

2. Replacement Guarantee. If a candidate we place leaves or is fired for performance-related reasons within six months, we will find you a replacement at no extra cost. This guarantee does not apply if the candidate is let go due to company-wide layoffs.

3. Client Termination of New Hire.  If the Client decides to terminate the new hire within six months for reasons not related to their job performance, such as budget cuts or strategic changes, we can find a new candidate at a reduced fee as outlined in the contract.

4. Ending the Contract. Voluntary Termination by Client: The client may choose to end the recruitment services agreement at any time. If the contract is terminated by the client before a candidate is placed, the non-refundable service retainer will be retained by the Company to cover the costs incurred up to the point of termination. If a candidate has already been placed, the client is obligated to fulfill any outstanding financial commitments as per the terms of the replacement guarantee or any other clauses relevant to the placement.

Termination by the Company: The Company reserves the right to terminate the contract if there are significant breaches of agreement by the client, such as failure to pay the agreed fees on time, failure to cooperate with the recruitment process, or other actions that severely inhibit the Company's ability to perform its services. Under such termination, the client remains responsible for any fees due for services rendered up to the point of termination.

Mutual Agreement: Both parties can mutually agree to terminate the contract under terms that are agreeable to both sides. Such termination might occur if both parties recognize that the recruitment requirements cannot be satisfactorily met or if external circumstances prevent the completion of the process.

Force Majeure: Neither party will be held liable for failure to perform any obligation under the contract due to extreme and unforeseeable circumstances beyond their control (such as natural disasters, war, or changes in critical laws). In such cases, the contract may be paused or terminated without penalty, depending on the specific situation and mutual agreement of the parties.

6. Multiple hires.  Discounts or special pricing may be available if you hire more than one candidate from us during the same recruitment effort.

7. Candidate Withdraws.  If a candidate withdraws before starting or shortly after beginning their position, we will provide a replacement. 

8. Extended Recruitment Period.  If the recruitment takes longer than 31 calendar days to source qualified candidates due to market conditions or special job requirements, we may charge additional fees. These fees will be communicated and agreed upon before being applied. 

9. Changes in Job Requirements.  Should there be any changes to the job requirements after the recruitment process has begun, additional fees may be necessary to accommodate the new criteria. We will provide a detailed breakdown of any additional costs based on the nature and extent of the changes required. This ensures that you are fully informed and agree to any new charges resulting from these adjustments.

10. Keeping Information Safe.  Both parties agree to sign confidentiality and non-disclosure agreements to protect any sensitive information shared during the recruitment process.

11. Solving Disagreements.  In case of disagreements about a candidate or the recruitment process, we will resolve issues through mediation or arbitration as outlined in the contract.

12. Unforeseeable Events. Neither party is responsible for breaches of contract due to unforeseen events like natural disasters or political unrest, as defined in the force majeure clause of our contract.

13. Feedback.  We commit to regular check-ins to ensure your satisfaction and make necessary adjustments.