1. Definitions

In this agreement, the following terms shall have the meanings set out below:

 

Term Definition

Recruitment Agency Talentarm.com/Talentarm.it, its successors, assigns, or any person acting on its behalf.

Client: The person, firm, or corporate body engaging the Recruitment Agency’s services.

Engagement: The employment, hiring, or use of a Candidate by the Client.

Fee: The amount payable by the Client to the Recruitment Agency for a successful Introduction, calculated as a percentage of the Remuneration.

Introduction: The presentation of a Candidate to the Client. A Fee is payable upon the Candidate’s acceptance of the Client’s offer. No prior instruction is required for an Introduction to be effective.

Remuneration: The candidate’s total gross annual taxable salary. This excludes bonuses, profit shares, allowances, signing-on fees, pension contributions, company cars, or housing allowances.

Services: All recruitment services supplied by the Recruitment Agency, including the Introduction of Candidates for temporary, contract, or permanent employment.

Candidate: An applicant for employment introduced to the Client by the Recruitment Agency.

 

2. Scope of Agreement

These Terms and Conditions apply to all business undertaken by the Recruitment Agency and its corporate group. They form the entire agreement between the parties regarding the placement and employment of any Candidate introduced by the Agency.

 

Any use of a CV or resume provided by the Recruitment Agency is strictly for the purpose of recruitment and must comply with all applicable national and international data protection and confidentiality laws.

 

3. Acceptance

Any instruction from the Client to supply services, or the Client’s acceptance of an Introduction, constitutes unconditional acceptance of these Terms and Conditions.

 

4. Placements

 

• 4.1 Agency Obligation: The Recruitment Agency will use reasonable skill and care to source and present suitable Candidates, adhering to international equality regulations.
• 4.2 Client Obligation: The Client must provide detailed placement requirements, including job description and anticipated salary.
• 4.3 Candidate Verification: The Recruitment Agency does not warrant the accuracy of information provided by Candidates. The Client is solely responsible for verifying a Candidate’s details, qualifications, and experience. The Agency is not liable for any loss arising from inaccurate information.
• 4.4 Client-Inducted Approaches: If the Client instructs the Agency to approach a specific Candidate, the Client will indemnify the Agency against any claims arising from that instruction, provided the Agency has acted with reasonable care.
• 4.5 No Guarantee of Availability: The Agency does not guarantee that a Candidate will be willing or available to accept a placement.
• 4.6 Limitation of Liability: The Agency is not liable for any losses arising from a Candidate’s acts or omissions once employed by the Client.
• 4.7 Employment Decision: The final decision to employ a Candidate rests solely with the Client.
• 4.8 Safety & Security: The Client must inform the Agency of any health, safety, or security requirements for anyone visiting its premises.
• 4.9 Promotional Use: The Client grants the Agency permission to use its name and logo for promotional purposes related to the placement.
• 4.10 Work Permits: The Agency is not responsible for arranging work permits, visas, or insurance for the Candidate.
• 4.11 Circumvention: For a period of 12 months from an Introduction, the Client must not directly or indirectly engage the Candidate without paying the Fee. This also applies if the Candidate approaches the Client.
• 4.12 Minimum Wage: The Agency will not undertake recruitment for roles offering below the minimum wage of the employing country.

 

5. Fees

 

• 5.1 Quotation: Fees will be provided in a formal email quotation.
• 5.2 VAT: All Fees are subject to Italian VAT at the statutory rate.
• 5.3 Deposits: A deposit may be required, calculated as 10% of the estimated Fee. This is payable before recruitment begins and is deducted from the final invoice. The deposit is fully refundable if the Agency fails to make a placement.
• 5.4 Fee Amendments: Fees may be amended if the official contract is modified.
• 5.5 Fee Calculation: The final Fee is calculated based on the confirmed annual Remuneration upon the Candidate’s start date.
• 5.7 Payment Currency: Invoices are issued in Euros unless otherwise agreed.
• 5.8 & 5.9 Introduction Fee Liability: A Fee is payable if the Client engages a Candidate introduced by the Agency within 12 months. If the Candidate was already known to the Client, the Client must notify the Agency within 4 working days of the Introduction to avoid fee liability.
• 5.10 Invoicing & Payment: Fees are invoiced upon Engagement and are payable within 15 days of the invoice date.
• 5.11 Late Payment: The Agency reserves the right to charge statutory interest on overdue invoices.

 

6. Replacement Candidates

 

• 6.1 Guarantee: The Agency offers a 30-day replacement guarantee if a placed Candidate is deemed unsuitable, subject to a written request.
• 6.2 Notification: The Client must inform the Agency in writing within 5 working days of a Candidate’s termination.
• 6.3 Conditions for Replacement: A replacement is offered only if:
• The Candidate resigned voluntarily (not due to redundancy or changed job conditions).
• The Client fulfilled all its legal obligations to the Candidate.
• The replacement is for the same role.

 

7. Confidentiality & Data Protection

 

• 7.1 Confidentiality: Both parties agree to keep each other’s confidential information secret. CVs and Candidate details remain the confidential property of the Agency.
• 7.2 Data Protection: Each party will comply with applicable data protection laws. The Client will indemnify the Agency for any losses resulting from the Client’s misuse of a Candidate’s personal data.
• 7.3 Queries: All data protection queries should be directed to the Agency’s Data Protection Officer.

 

8. General

 

• 8.1 Limitation of Liability: Neither party is liable for the other’s indirect or consequential losses.
• 8.2 Liability Cap: The maximum liability for any claim is limited to 120% of the placement Fee.
• 8.3 Severability: If any clause is found unenforceable, it will be severed without affecting the rest of the agreement.
• 8.4 Force Majeure: Neither party is liable for failures caused by circumstances beyond its reasonable control.
• 8.5 Waiver: No failure to enforce a right constitutes a waiver of that right. Any waiver or amendment must be in writing and signed by an Agency Director.
• 8.6 Survival: Clauses intended to have ongoing effect (e.g., Confidentiality, Liability) will survive termination of the agreement.
• 8.7 Entire Agreement: These Terms and Conditions represent the entire agreement. No variation is binding unless agreed in writing by the Agency.
• 8.8 Effectiveness: These Terms and Conditions become effective upon the Client’s signature of the official contract and remain in force until the contract is terminated.