Terms and Conditions
When it comes to terms and conditions for a Prince HR consultancy, these refer to the set of rules, guidelines, and expectations that govern the relationship between the consultancy and its clients, as well as the consultants or manpower being provided. These terms are essential for setting clear expectations and ensuring smooth business transactions. Below are some key aspects typically included in the terms and conditions for a manpower consultancy:
1. Introduction/Overview
- Brief
introduction about the consultancy.
- Overview
of services provided, such as recruitment, temporary staffing, permanent
placement, etc.
2. Services Provided
- Details
of the services offered by the consultancy, such as candidate sourcing,
screening, recruitment, and selection.
- Scope
of work (e.g., recruitment for specific industries, roles, or skill sets).
3. Obligations of the Consultancy
- Commitment
to providing qualified and vetted candidates.
- Ensuring
timely delivery of candidates to meet client’s requirements.
- Maintaining
confidentiality and not disclosing client information to third parties.
4. Obligations of the Client
- Providing
accurate job descriptions, job requirements, and company expectations.
- Prompt
communication about interview results, candidate selection, and feedback.
- Ensuring
proper onboarding and legal compliance for hired candidates.
5. Fees and Payment Terms
- Details
of the fees charged by the consultancy (e.g., percentage of the
candidate's salary, fixed fee).
- Payment
terms (e.g., due upon candidate placement, installment payments).
- Additional
charges for services like temporary staffing, executive search, or
specialized recruitment.
- Any
penalties for late payments or non-payment.
6. Candidate Guarantee/Replacement Policy
- If the
candidate leaves the position within a certain period (e.g., 90 days), the
consultancy may offer a free replacement or a refund.
- The
terms and conditions regarding the guarantee period and replacement fees.
7. Confidentiality and Data Protection
- Agreement
to protect sensitive information about both clients and candidates.
- The
consultant’s responsibility to handle personal and professional data in
compliance with applicable data protection laws (such as GDPR in Europe).
8. Termination Clause
- Conditions
under which either party (client or consultancy) can terminate the
agreement.
- Notice
periods or penalties for early termination.
- Circumstances
leading to termination (e.g., breach of contract, non-payment,
non-performance).
9. Liability
- Limitation
of liability for the consultancy (e.g., not responsible for any mistakes
made by candidates after placement).
- Clarification
on the consultancy's role in offering services but not guaranteeing job
success for candidates.
10. Indemnification
- Client
agrees to indemnify and hold the consultancy harmless from any legal
claims arising from the client's use of the consultancy’s services or the
employment of candidates.
11. Force Majeure
- Outlines
the circumstances under which neither party will be held responsible for
non-performance due to events outside their control (e.g., natural
disasters, war, pandemic).
12. Dispute Resolution
- The
procedures for resolving disputes, including mediation or arbitration.
- Jurisdiction
(the country or region where legal matters will be settled).
13. Compliance with Laws
- The
consultancy agrees to adhere to all relevant labor laws, recruitment
guidelines, and industry regulations.
- Both
parties agree to comply with applicable local and international laws.
14. Non-Solicitation Clause
- The
client agrees not to directly hire candidates placed by the consultancy
within a certain time period after placement (e.g., six months).
- The
consultancy may impose a fee if the client hires the candidate within this
period.
15. Amendments and Changes
- Terms
and conditions for modifying the agreement (e.g., notice period, consent
required from both parties for changes).
16. Duration of the Agreement
- The
length of the agreement (fixed term, ongoing, or per project) and how it
can be renewed or extended.
By having a
clear, detailed set of terms and conditions, both the manpower
consultancy and its clients can manage expectations and avoid potential
disputes. It is always recommended that both parties review and agree to the
terms in writing before entering into a business relationship.