CONTRACT AGREEMENT

PART I: PERMANENT PLACEMENT

1. Parties and Services: Placement Partner will recruit, screen, and submit candidates for positions in accordance with the specifications provided by partner. Placement Partner will present only those candidates that are believed to be qualified for the position.

2. Fees

Explanation:

1. If the Placement Partner places up to 4 candidates per month, they will earn 4% of the gross annual salary of each candidate.
2. If the Placement Partner places between 5 and 10 candidates per month, the fee percentage increases to 4.5% for each candidate.
3. If the Placement Partner places more than 10 candidates per month, they will earn 5% for each candidate.

Fees will be calculated based on the billed amount raised to the client.

3. Warranties: If the candidate does not complete 90 calendar days of employment due to client-documented lack of performance or voluntary separation, Placement Partner will have a 30-day exclusive right to replace the employee. Exclusive right means Placement Partner will be the sole entity conducting the replacement search If the employee is not replaced within 30 days, Placement Partner will not be eligible for the fee and must refund any paid amount prorated.
4. Data Confidentiality: All data, including client details, candidate profiles, and other business-sensitive information, is the exclusive property of partner . Any misuse, leakage, or sharing of data with external parties will constitute a breach of contract and may result in legal action.
5. Candidate Confidentiality: Placement Partner must adhere to partners  strict confidentiality policy and must not contact any party (including current and past employers of candidates) without prior written consent .All communication with candidates will be done under the name "Placement Mumbai."
6. Performance Penalty Clause: Failure to meet agreed placement targets or misuse of candidate data will result in a penalty of 10% of the outstanding placement fees, and partner reserves the right to terminate the agreement.

PART II: CONSULTING SERVICES

1. Parties and Services: Placement Partner agrees to provide consulting and placement services as requested by Partner . All necessary materials will be provided by Placement Partner unless otherwise agreed in writing. Any product or service created by Placement Partner for Blues will be the sole property of Blues.
2. Term: This Agreement begins on the date first written above. Either party may terminate this Agreement with four (4) weeks' written notice.
3. Warranties: Placement Partner provides no warranties for the merchantability or fitness of their services for any particular purpose. Placement Partner’s liability will not exceed the individual consultant's billing amount.
4. Confidentiality: Both parties agree to maintain strict confidentiality during the Agreement’s term and for two (2) years after its termination. Confidential Information includes trade secrets, customer lists, business practices, financial data, and similar sensitive information.
5. Intellectual Property: All work performed, designs created, or processes developed by Placement Partner during the term of this Agreement will be the exclusive intellectual property of BLUES.
6. Non-Solicitation Clause: Neither party may solicit or hire employees, consultants, or candidates introduced by the other party for a period of twelve (12) months following the termination of this Agreement. Any violation will result in a penalty equal to 25% of the employee’s annual salary.

PART III: GENERAL TERMS FOR PERMANENT PLACEMENT AND CONSULTING SERVICES

1. Entire Agreement: This Agreement constitutes the entire agreement between the parties. Any amendments must be in writing and signed by both parties.
2. Agreement Not to Hire: Clients may not hire or engage directly with candidates presented by Placement Mumbai without prior consent. Violation of this clause will result in a penalty fee equal to 25% of the candidate’s annual salary, payable within 10 days of receiving the invoice.
3. Notices: All notices must be sent via certified mail, with return receipt requested.
4. Governing Law: This Agreement will be governed by the laws of Mumbai Jurisdiction.
5. Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration in Mumbai. Arbitration costs will be equally shared by both parties.
6. Termination for Breach: The partner reserves the right to terminate the Agreement without notice if Placement Partner is found in breach of any terms, including misuse of data, violation of non-solicitation clauses, or failure to meet placement requirements.
7. Waiver: No waiver of any right under this Agreement will be considered a waiver of any future rights.
8. Severability: If any provision of this Agreement is found to be invalid, the remaining provisions will remain in force.

ADDITIONAL CLAUSES

1. Background Verification Responsibility: Placement Partner must conduct thorough background checks, reference verifications, and ensure accuracy in candidate profiles.
2. Performance Review Clause: Placement Partner will submit monthly reports on progress, placements, and challenges faced during candidate sourcing. Failure to provide reports can result in a suspension of payments.
3. Non-Compete Clause: Placement Partner cannot engage with competitors of or provide services to competing clients during the term of this Agreement and for 12 months after its termination.
4. Indemnification: Placement Partner agrees to indemnify and hold partner harmless against any claims, damages, or liabilities arising from non-compliance with the terms of this Agreement or misrepresentation of candidates.
5. Penalties for Breach: Any breach of confidentiality, misuse of data, or failure to adhere to agreed deliverables will result in a penalty of INR 25,000 per instance, in addition to legal action.

SIGNATURES

Placement Mumbai Representative • Name: Placement Mumbai
• Signature: _____________________ •

I confirm that I am authorized and have the authority to sign this agreement on behalf of Placement Mumbai.
 Client Company Representative • Name: __________________________________ •
Designation: _____________________
• Signature: _____________________
• Date: __ __ /__ __ / __ __ __ __ •
Company Owner Name & Number: __________________________________________ •

• I confirm that I am authorized and have the authority to sign this agreement on behalf of [Client Company Name]. By signing above, I, on behalf of the Company, agree to be bound by the above-stated terms and conditions without exception.

Regards,

Vijay bubna

contact-91-22-66154433/+91-9702488117

https://www.placementmumbai.com/

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