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Agreement (Click
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THE FEE
Guideline:
The retainer/deposit is $10,000. The retainer is credited
to the final fee. It will be credited to the search for up
to one year, if the search is postponed or canceled by the
employer before any recruited candidate is presented or interviewed.
The approximate minimum anticipated candidate's compensation
for a SEARCH is $100,000.00.
The placement fee for Search America may be based upon the
candidate's total assured gross compensation for the first
year, or the last year's W-2 or anticipated first year expected
total compensation, as agreed by the hiring company (employer)
and Search America, Inc. The fee is incurred when the employer,
verbally or in writing, engages services of the candidate
as an employee, consultant, independent contractor or other
arrangement. For fee calculation and billing purposes, two
methods of determining candidate's compensation are:
The first year assured gross compensation shall include
any combination of salary, draw, commission, bonus, stock
options, override, etc. which is certain or promised to
be paid. Compensation which is contingent on performance
or paid in the form of benefits is not included.
In circumstances where it is clear that base
salary and gross annual compensation differ dramatically,
a basis for fee calculation will be negotiated in advance
or before the final offer and acceptance. This would apply
to most business development positions and could involve calculations
based on the anticipated first year total compensation or
the last year's W-2.
THE FEE RELATED INTERVIEW PROCESS
Search America recognizes that meetings between
a referred candidate and the hiring company may take place
over a period of time spontaneously and without Search America's
knowledge or interaction with either party. This process
is necessary
for some placements to mature. The same fee will be due
for that candidate recruited for the employer, yet hired
after an extended, and undetermined, period of time.
Please note, the employer should refer all recommendations
and inquiries about a candidate presented by Search America,
back to Search America. In the event our candidate, after
referral, is referred by the employer to another division
or company, or is contacted by, or contacts autonomously
these referred hiring sources, the fee obligation will be
incurred by the initial interviewing employer. Additionally,
the employer is required to keep Search America informed,
periodically, of contacts with the candidate.
FINAL FEE ON TOTAL GROSS COMPENSATION FOR THE FIRST
YEAR
The fee will be at 30%
Fees are due within ten (10) business days of employment
commencement.
Final fee billing will take place when the employer
and candidate, verbally or in writing, agree to the position,
start date, and first year gross compensation.
THE RETAINER
The retainer functions as a good faith deposit
for each search. It is credited toward the final placement
fee. It is due before the search begins in earnest. If the
search is cancelled before any candidates have been recruited,
the retainer remains as a credit for 12 months. Otherwise,
the retainer is not refundable.
GUARANTEE
All guarantees made by Search America are strictly
contingent upon the fees being paid on time according to
the terms, percentages, contingencies, and stipulations
stated above. A late fee cancels all guarantees.
If within thirty (30) calendar days from the date employment
commences the placed candidate should no longer be in the
employ of the employer, Search America will work the search
to fill the vacated position under the same terms, conditions,
and specifications as agreed upon for the original search.
The only additional fee due for this replacement search
will be for the increased difference if the replacement
candidate's compensation is higher, and possibly where expenses
are incurred and to be paid by employer. If within the 31st
to 60th calendar day from the date employment commences,
the placed candidate should no longer be in the employ of
the employer, Search America will work the search to fill
that vacated position at a fee of fifty (50%) percent of
the new fee. Formal notification, preferably in writing,
within five (5) business days of employee's separation is
required to activate and ensure the guarantee.
If any terms, conditions or specifications of the "guarantee"
replacement search are changed from the "original"
search, Search America will have the option to void the
guarantee search. Only one replacement search will be conducted
for each position covered by the guarantee. No guarantees
will apply to the replacement candidate. It is understood
that Search America does not guarantee the sales or performance
results of the candidate.
Our clients are equal opportunity employers.
Click here
for printable copy of The Fee Schedule and Guarantee Agreement
(Click
here to download the Acrobat Reader5.0)
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