These terms and conditions of business are between High Trail, Inc. (“High Trail”) and Client. Client is defined as the company utilizing the services of High Trail. Upon Client’s utilization of High Trail’s services, these terms and conditions shall become effective and Client shall be legally bound by the same, unless modified by written agreement.
Fees & Expenses. High Trail, as a result of its own independent search and recruiting expertise or in response to Client’s request, may introduce and/or refer qualified individuals (“Candidates”) to Client from time to time, for Client’s hiring consideration. If, following a High Trail introduction or referral to Client of a Candidate, whether or not that Candidate was previously known to Client, Client opts to hire Candidate at any time within 12 months following the initial introduction or any subsequent reintroduction, directly or indirectly, whether on a temporary or non-temporary basis (a “Placement”), Client shall pay High Trail a placement fee for each Candidate in a sum equal to 35% of each Candidate’s estimated total first year’s compensation, including estimated commission and bonuses, and any signing bonus (“Placement Fee”). An introduction shall be deemed to have occurred when High Trail provides Client with any information which identifies a Candidate.
Payment Terms. High Trail shall invoice Client for each Placement on the Placement’s first day of work with Client and Client shall pay all Placement Fees within 7 days of the date of the subject invoice. Late fees shall accrue on all unpaid balances at the rate of 1.5% per month. Client shall reimburse High Trail for all reasonable costs of collection, whether or not formal litigation is filed, including reasonable attorneys’ fees.
The Client shall notify High Trail immediately when a Candidate accepts an offer of employment and shall provide details of the accepted offer, including the base annual salary and additional compensation. In the event Client fails to notify High Trail of a Candidate’s accepted offer within 7 days of the Candidate’s start date, Placement Fee shall increase to 40%. In the event Client retracts a Candidate’s accepted offer, Client shall pay a fee to High Trail in the amount of $1,500.
Client Cooperation. Client shall provide High Trail with all relevant position-related information including a job description (inclusive of anticipated start date, anticipated salary/benefits, location of position, required personal protective equipment), required education, experience, training, and qualifications, and all details required by Client for accurate invoicing.
Equal Opportunity Employer. Each party represents and warrants to the other that it is an equal opportunity employer and does not and shall not discriminate, harass or retaliate on the basis of race, color, religion, national origin, disability, sex, age, veteran status, marital status or any other unlawful criterion when searching, selecting, screening, referring and/or hiring any individual.
Confidentiality. Information relating to Candidates is strictly confidential. Client shall not contact a Candidate’s current or prior employer without the Candidate’s prior consent. If the Client passes on details of a Candidate to a third party resulting in the Placement of Candidate with or by the third party, Client shall pay High Trail a fee of 40% of the anticipated first year’s remuneration of the Candidate.
Non-Solicitation. Client shall not solicit or employ, directly or indirectly through another person or entity, an internal High Trail employee who has been involved in the provision of the services to Client. In the event Client solicits and/or hires an internal High Trail employee in violation of this section, Client shall pay High Trail a placement fee of $30,000.
Guarantee. If the employment of a Candidate terminates within the first 8 weeks, High Trail shall issue Client a pro-rated refund of the Placement Fee at a rate of 12.5% of the Placement Fee for each week the Candidate was not employed during the 8-week period. This refund provision shall not apply in the event: (a) Client fails to notify High Trail of the termination of employment in writing within 14 days of such termination; (b) Client has failed to pay the invoice in full within 14 days of the date of the invoice; or (c) the cause of termination is a result of a reduction in force, lack of work, or resignation due to significant modification of the Candidate’s job duties or assignment to a different position.
Disclaimers. High Trail does not personally obtain references pertaining to a particular candidate. High Trail takes no responsibility for any loss, damage, or delay caused by a Candidate and does not guarantee the performance of any Candidate or the accuracy of information provided regarding a Candidate, and disclaims any responsibility for claim, loss, damage, delay or liability as a result of a Candidate’s acts or omissions. Client shall be solely responsible for conducting any such investigations it deems necessary to verify candidate information or to obtain such other information as it may deem relevant.
Governing Law. These terms and conditions shall be governed by, interpreted, and enforced in accordance with the laws of the state of New York.