Terms and Conditions – Permanent Placement
By clicking “Agree” below, you agree to the following terms and conditions:
- “Candidate”. A “Candidate” shall refer to any individual previously known to De Novo Review (“De Novo”) or who is a member of any De Novo network whom De Novo identifies as a potential match for a position for which Employer initiated a job search.
- Position Search Request. Each job search is initiated by Employer completing a Position Search Request on our website including the position title, salary range and other compensation, minimum qualifications and other candidate screening criteria, and other relevant details. A search will not begin until Employer has provided position type, candidate screen details, salary range, and business and personal contact information for both the hiring decision maker and another person who can serve as a point of contact.
- Candidate Submission, Review and Selection. De Novo will submit Candidate contact information, profiles CVs or resumes to Employer and Employer will have the option to schedule interviews with those Candidates. De Novo will use reasonable efforts to coordinate interviews and facilitate Employer screening of Candidates. Employer agrees to respond to notifications within 48 hours and to decide whether to interview a submitted Candidate within 48 hours of submission of that Candidate’s biography. Employer agrees that once an interview is scheduled, it may only be rescheduled or canceled with at least 24 hours’ notice. Employer agrees to inform De Novo within twenty-four (24) hours of any status change to positions for which Employer has requested a search. De Novo shall have the right to terminate Employer’s position search request if these policies are violated.
- Payment and Credit. Fees will be specified on a case-by-case basis after a position search is initiated based on job type, salary range, other compensation, location, and other considerations. In the event Employer, within a period of two (2) years following the submission of a Candidate, employs, directly or indirectly, any candidate(s) presented by Recruiter to Employer, Employer agrees to pay the specified fee. Fifty percent (50%) of the Fee is due 15 days after the starting date of Candidate’s employment with Employer and the remaining 50% is due 31 days after the starting date of Candidate’s employment with Employer. An administrative processing fee of 3% may apply to payments. In the event that a Candidate leaves under his/her own volition or is terminated for cause within thirty (30) days after the starting date of employment with Employer, Recruiter shall be entitled to conduct a search for up to three (3) months in an effort to provide Employer with a replacement Candidate. In the event that Recruiter fails to locate and recruit a replacement hired by Employer, Recruiter shall provide a credit in the amount of any payments made by the Employer to the company for the candidate; this credit will be applied to future recruiter fees only.
- No Fee. Employer shall owe Recruiter no Fee if: A) Candidate contacted Employer within one (1) year prior to Recruiter’s presentation of the Candidate, B) Employer identified Candidate from another source within six (6) months prior to Recruiter presenting Candidate, C) Employer does not employ Candidate within two (2) years of Recruiter’s presentation of Candidate to Employer, or D) Candidate leaves Employer under his/her own volition or is terminated by Employer for cause within thirty (30) days after the starting date of Candidate’s employment with Employer.
- Non-Solicitation. For a period of two (2) years from this date, Employer agrees not to solicit for employment any Candidate of whom Employer becomes aware by visiting our website or through email or other communication from De Novo. If you choose to hire any of such Candidate outside the De Novo process, you agree to pay De Novo a fee of $35,000 or 35% of the Candidate’s first years’ compensation, whichever is greater.
- Confidentiality/Non-Disclosure. The parties agree to keep confidential and to not use, copy or disclose, directly or indirectly, to any third party any proprietary information of the other party, without the prior written consent of a duly authorized officer of such party. All information relating to a Candidate is provided on a confidential basis and Employer is responsible for preventing the unauthorized disclosure or misuse of information regarding any candidates or their candidacy. Each party shall use confidential or proprietary information solely in connection with the negotiation, performance and fulfillment of Services hereunder. All confidential or proprietary information of either party shall remain the property of such party. Each party shall take all necessary and reasonable action, by instruction, agreement or otherwise, with its employees, agents and subsidiaries to satisfy its obligations hereunder with respect to confidentiality, non-disclosure and limitation of use of proprietary information. Each party’s obligations under this Agreement with respect to confidentiality and non-disclosure shall survive the termination of this Agreement. For the purposes of this Agreement, confidential information shall include, but is not limited to trade secrets, business plans, policies, finances, corporate developments, products, pricing, sales, computer software, source code, object code, technology systems, services, procedures, transactions, suppliers, prospects, customers and all non-public information and material relating to the business of each party. The parties acknowledge and agree that damages will not be an adequate remedy in the event of a breach of either party’s obligations under this Section. Each party therefore agrees that the other party shall be entitled (without limitation of any other rights or remedies otherwise available to such other party and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdiction prohibiting the continuance or recurrence of any breach of this Section.
- Other Engagements. Nothing in this Agreement shall preclude Recruiter from entering into similar agreements with other parties. In addition, Employer acknowledges and agrees that Recruiter may, concurrent with engagements undertaken for Employer and in the future, execute other non-Recruiting service agreements with Employer or with other persons or entities whose business or products may be similar to or competitive with the business or products of Employer.
- Choice of Law: Any action to interpret and enforce this agreement shall be brought in Miami-Dade County, Florida. The Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the conflicts of law provisions thereof. The Employer irrevocably submits to personal jurisdiction before a court of competent jurisdiction in Miami-Dade County, Florida, and agrees not to assert, by way of motion, as a defense or otherwise in any such suit, action or proceeding that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Agreement or the subject matter hereof may not be enforced by such court or that the court lacks personal jurisdiction over them.
- Enforcement Actions. In connection with any dispute or litigation arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, including attorneys’ fees and costs for litigation in any bankruptcy proceedings and at all trial and appellate levels. Both parties irrevocably waive their rights to a trial by jury in any action, suit or proceeding involving this agreement and agree that any such matter will be tried before a judge.