Data Center Assistance Group, Inc.

Independent Placement Agency and Non-Disclosure Agreement

 

 

THIS INDEPENDENT PLACEMENT AGENCY AND NON-DISCLOSURE AGREEMENT (“the Agreement”) is made and entered between ___________________________ (“the Corporation”) and the Data Center Assistance Group (“DCAG”) placement agency, a New York corporation.

 

In consideration of the covenants and conditions hereinafter set forth, DCAG and the Corporation agree as follows:

 

1.     SERVICES

 

DCAG shall provide candidate (“Candidate”) placement services (“Services”) to the Corporation.  Upon request, all Candidate information obtained by DCAG shall be provided to the Corporation Recruiter (“Recruiter”) who initially contacted DCAG.  DCAG will communicate with Recruiter, or/and Recruiter designated Hiring Manager(s) in an effort to place Candidate at the Corporation.

 

This Agreement shall apply to any Candidate referred by DCAG for a period of twelve (12) months following DCAG’s signature of this Agreement unless otherwise agreed to.

 

2.     TERM

 

This Agreement shall commence on the date of signature by both parties and shall expire one year afterward if canceled by either party in writing after the initial one year term, otherwise the contract shall be extended for an additional year.

 

3.     FEE ELIGIBILITY

 

The Corporation agrees to pay DCAG a placement fee for each candidate referred by DCAG and hired by the Corporation as a direct result of DCAG’s efforts for candidates hired within 12 months of a DCAG submission of candidate resume to the Corporation. 

 

4.     PAYMENT

 

The Corporation agrees to pay DCAG a placement fee as follows:

 

*   Twenty five percent (25%) of the candidates initial annual base salary as of the time of offer.

 

DCAG shall bill the Corporation upon Candidate’s commencement of employment for the Corporation.  The Corporation shall pay the invoice within 30 days of receipt.

 

 

 

5.     GUARANTEE

 

In the event that a Candidate voluntarily terminates employment with the Corporation within 90 days of the start date, DCAG agrees to the following prorated provisions:  100% full refund within 30 days, 66% refund within 60 days and 33% refund within 90 days.

 

6.     CONFIDENTIALITY

 

DCAG agrees that at all times during the term of the Agreement and thereafter, DCAG will hold strictest confidence, and will not use for DCAG’s or a third party’s benefit or disclose to anyone outside of the Corporation, without the express authorization of an officer of the Corporation, any confidential or proprietary information of the Corporation, which shall be deemed to include without limitation the following:  names, addresses and resumes of current or prospective Corporation employees; the identities and positions held by Corporation employees; any technical, marketing, financial or other business information relating to released or unreleased Corporation products or Corporation research, and any other information DCAG has received from the Corporation that DCAG is obligated to deem confidential.  If DCAG has any questions as to what comprises such confidential or proprietary information, DCAG agrees to consult with a designed Corporation individual to clarify confidential / proprietary status of information.

 

7.     REPRESENTATION

 

DCAG shall not use the Corporation’s name in its solicitation of candidates unless specifically requested by or given permission by the Corporation.  DCAG shall not use the Corporation’s name in any advertisement, collateral or other material in any media without prior written permission from the Corporation.

 

8.     AGENCY WARRANTIES

 

DCAG warrants that the Services provided by DCAG shall be performed in a professional manner and shall be of a high grade, nature, and quality.

 

9.     INDEMNITY

 

DCAG agrees to indemnity, defend, and hold the Corporation and its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorney’s fees) arising out of, or in connection with any claim related to Services performed by DCAG under this Agreement.

 

10   RELATIONSHIP OF PARTIES

 

DCAG is an independent contractor for the Corporation.  Nothing in this Agreement shall be construed as creating an employer-employee relationship, or as limitation upon the Corporation’s ability to terminate this Agreement at the end of its term.

 

 

 

 

 

 

Please indicate acceptance of this contract by completing the information requested below:

 

 

Data Center Assistance Group, Inc.                             

78-17 164th Street                                                       

Flushing, New York  11366                                        

Fed id:  11-2551554

 

 

__________________________________                ___________________________________

By (Sign)                                                                      By (Sign)

 

 

__________________________________                ___________________________________

Name (Print)                                                                Name (Print)

 

 

__________________________________                ___________________________________

Title                                                                              Title

 

 

__________________________________                ___________________________________

Date                                                                             Date