Terms and conditions Professional Recruitment Service
1. Parties
These Terms and Conditions are between Jobslink Limited, whose registered office at 706D, 7/F., Mirror Tower, 62 Mody Road, Tsimshatsui, Hong Kong (“Jobslink”), and Asendia Hong Kong Ltd, whose registered office at 10/F, Hing Yip Centre, 72-76 Texaco Road, Tsuen Wan, NT (“Client”). They specify the terms upon which we will provide recruitment services to the Client until new Terms and Conditions are agreed to in writing.
2. Acceptance of Terms and Conditions
The Client agrees that it will be bound by these Terms and Conditions by (i) Accepting the details of a Candidate from Jobslink;(ii) Interviewing Candidates provided, introduced, or referred by us (iii) Engaging or employing Candidates introduced to the Client by us; and/or (iv) Passing to any other person or organization personal information about a Candidate introduced to the Client by us.
3. Variations of Terms and Conditions
No Variations to these Terms and Conditions can be made without the prior written consent of the Managing Director of Jobslink.
4. Interpretation
4.1 “We,” “us,” and “our” means Jobslink Limited.
4.2 “You,” “yours,” and “Client” includes the person or corporation (or any related entity) that authorizes us to provide Candidate(s) to it (or its representative) or interviews a Candidate.
4.3 “Employ” and “Employment” include employment as an employee under a contract of service and engagement to work as an independent contractor under a contract for services.
4.4 “Annual Remuneration Package” means the total of all monies payable and benefits an employed person may be entitled to, including salary, guaranteed bonuses, commissions, profit sharing, or any other identifiable financial benefits. Employer-provided motor vehicles will be deemed to be worth $100,000 annually. Joining inducements, housing allowances, and expatriate benefits will be considered part of the remuneration package. Where bonuses are not guaranteed, two-thirds of the possible bonus amount quoted by the client will be the amount to be included in the package calculation.
4.5 “Candidate “means an individual introduced to the Client by us for them being considered for employment.
4.6 “Permanent” means any person who has sought or obtained permanent employment with the Client through us.
4.7 “Fixed Term” means any person who has sought or obtained employment through us but is directly engaged by the Client on a fixed-term basis. The Client takes responsibility for payroll and other legislated requirements.
4.8 “Fee Schedule” means the relevant fee payable to us by the Client.
5. Introduction and Engagement of Candidates
5.1 Introductions are strictly confidential. We expect the Client to treat Candidate information as confidential and meet Personal Data (Privacy) Ordinance (Cap.486) and any amendments and regulations made under the Ordinance.
5.2 Should an introduction result in the engagement of a Candidate by the client or any related party (or by a third party to whom the Client has referred that person), The Client will be liable for a fee calculated by the Fee Schedule.
5.3 The Client must notify us immediately after a Candidate whom we have introduced to the Client accepts employment with the Client or a third party to whom the Client has referred the Candidate. When a person we present to the Client is employed by the Client or the third party to whom the Client has referred that Candidate, the Client is required to provide us with full details of the remuneration package agreed with that person.
5.4 Jobslink Limited retains ownership of all candidates presented to the Client or any related party (or by a third party to whom the Client has referred that person) for no less than 12 months. If employed during this period, The Client will be liable for a fee calculated by the Fee Schedule.
6. Payment of Fees
6.1 By these Terms and Conditions, Jobslink will issue an invoice on the day a Candidate is due to start work according to the attached Fee Schedule. The Client must pay all invoiced amounts without any deduction, discount, or set-off no later than 14 days after the invoice date.
6.2 If the Client fails to pay within the period specified in paragraph 6.1 above, it is in default of its payment obligations, and Jobslink has the right to charge interest at the rate of 3% per month (or pro rata) on the total fee for each invoice not paid within the period.
6.3 If an introduced Candidate is hired for another position other than the intended original position or is subsequently employed by the Client in any capacity up to and including twelve months after the initial introduction date, the Client will pay the applicable contingent search fee.
6.4 Where an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after acceptance by the Candidate and through no fault of the Candidate, the applicable contingent search fee will be payable by the Client.
6.5 Payments made are non-refundable.
7. Calculation of Fees Payable
7.1 We will charge fees to the Client for any individual identified and referred by Jobslink who enters into Employment as a result of the Referral within 12 months of the last Referral of the Candidate to the Client by Jobslink. The Fees are as laid out in the Fee Schedule.
7.2 The Fees are payable if the Client employs the Candidate in a different capacity or on another basis than what the Candidate was initially referred for.
7.3 The Fees are payable if the Candidate is employed by a third party introduced by the Client.
7.4 If more than one Candidate is hired either during the course in which Jobslink is providing the Services or within 12 months of the last Referred Candidate, a fee will apply to every individual at the prevailing rate by the Fee Schedule.
7.5 The Fees are expressed and calculated as a percentage of the first year’s total Annual Remuneration Package and are laid out in the Fee Schedule.
8. Replacement Guarantee
8.1 If within the Guarantee Period referred to in the Fee Schedule, the referred Candidate:
(i) resigns; or
(ii) is terminated on reasonable performance grounds.
Jobslink shall provide a replacement candidate for the same initial job description at no additional cost, subject to the following:
(iii) The fee payable for the original Candidate was paid within 14 days of the invoice date; and
(iv) Jobslink is notified in writing by the Client within seven days of the original Candidate’s resignation or termination, requesting for a replacement.
8.2 The guarantee under this section shall not cover any termination of employment which may be caused by or arise through reasons beyond Jobslink’s control, including, but not limited to:
(i) redundancy, company closure, restructuring, change of management, or significant change in the job description; or
(ii) employment termination not by any applicable code of practice.
8.3 Where a replacement Candidate is recruited on a higher salary, Jobslink will charge a fee for the difference. No adjustment shall be made where the replacement Candidate is recruited at the same or a lower wage.
8.4 If Jobslink is unable to find a suitable replacement Candidate within three months of notification (providing the Client has not in Jobslink’s reasonable opinion, caused an unreasonable delay in the engagement process), Jobslink shall issue a credit note as follows:
(i) at a value of 50% of the Fees paid;
(ii) to be valid for a period of 12 months from the date of issue; and
(iii) may be used to set off against any future payments to Jobslink about placements.
Subject to the condition in section 8.1 (iii) being satisfied.
8.5 If the Candidate resigns or is terminated within 15 days of commencing Employment, Jobslink’s Fees have not been settled, and no replacement is required, the Client will only need to pay 50% of the Fee.
8.6 Jobslink does not issue cash refunds.
8.7 The Guarantee Period commences on the day the candidate starts employment.
8.8 The request has been given exclusively to Jobslink Limited to replace the Candidate;
8.9 Jobslink Limited offers its Replacement Guarantee for the initial Candidate placed. It does not provide its Replacement Guarantee for the replacement Candidate.
8.10 After the Guarantee Period, Jobslink is not obliged to offer such a replacement Guarantee.
9. Candidates
9.1 Whilst we will exercise reasonable skill and care in the selection of Candidates, we are not liable for any negligence, dishonesty, misconduct, or lack of mastery of any Candidate.
9.2 We give no warranty (either expressed or implied) in respect of any Candidate introduced and accept no liability for any failure of a Candidate to perform or to comply with their terms of employment or for any loss, expense, damage, or delay howsoever arising from the introduction of the Candidate to the Client or from their engagement by the Client.
9.3 Insofar as we or any Candidate provides details of a Candidate’s medical history, the present state of health, previous terms and conditions of employment, names, and address of prior employers, and periods of employment. Circumstances in which previous employment is terminated, criminal convictions, personal detail, rights to work, employment permits, qualification, or education generally, Jobslink Limited cannot ensure the accuracy of such party. As such, Jobslink will not be liable to the Client if any loss or damage is suffered, and Jobslink requests that the Client undertake their investigations to verify any information.
9.4 Except as required by law, we make no representations and give no warranties, either expressed or implied, regarding the sustainability of a Candidate for a particular position. The offer of employment to a Candidate, the work of a Candidate, and the consequences thereof are entirely at the Client’s risk.
9.5 If any details of the information supplied by a candidate or by a third party on behalf of the Candidate, including, but without limited to, past employers or personal referees, are found to be incorrect or misleading, Jobslink shall have no liability for any loss, damage or cost which may thereby be occasioned.
9.6 Where the Client has instructed us to source a particular Candidate on the Client’s behalf, the Client shall indemnify and keep us indemnified against all loss, cost, damage, and expense suffered by us as a result of claims made against us in connection with such interaction.
10. Non-Solicitation of Jobslink Employees
The Client shall not solicit our employees; if the Client places an employee of ours in a role with the Client or any other person or body to whom the Client has introduced the employee, the Client will be charged a fee based on the attached Fee Schedule.
11. Confidentiality
11.1 Any information provided to the Client by Jobslink regarding a Candidate is strictly confidential to enable the Client to assess a Candidate’s suitability for a position and shall not be disclosed to any third party without the express written consent of Jobslink.
11.2 All information a Client discloses to Jobslink will be confidential and not disclosed to any third party without the Client's consent.
11.3 Any Confidential Information provided by a Client to Jobslink may be accessed by any employee, agent, or affiliate of Jobslink to aid in completing an Assignment.
11.4 The Jobslink Privacy Policy forms part of these Terms and Conditions. The Client agrees to handle all Candidates’ personal information by Personal Data (Privacy) Ordinance (Cap.486) and any amendments and regulations of the Ordinance.
12. Legality and Force Majeure
12.1 If any provision or term of these terms and conditions or any part thereof becomes or is declared illegal, invalid, or unenforceable for any reason whatsoever, such requirements, terms, and details will be deemed to be deleted from these terms and conditions always provided that if any such deletion substantially affects or alters the commercial basis of these terms and conditions, the parties hereto will negotiate in good faith to amend and modify the relevant provisions, terms and parts of these terms and conditions as may be necessary or desirable in the circumstances.
12.2 If either party is prevented in the performance of this Agreement by consequence of war, riot, storm, or other circumstances that are completely beyond the control of that party, then that party will not be liable for such breach of that party’s obligations under this Agreement.
12.3 No failure or delay in exercising any right or remedy will constitute a waiver of that right, and no waiver will be effective unless it is in writing and signed by that party.
12.4 Should we incur any costs in recovering amounts overdue under these terms and conditions, the costs may be charged to the Client in addition to the underlying value of the invoices due. This includes but is not limited to interest charges, legal fees incurred, and third-party debt recovery fees.
13. Entire Agreement
This agreement constitutes the entire agreement between the parties for the provision of fixed-term recruitment services by us to the Client and supersedes. It merges all prior discussions, representations, statements, and agreements.
14. Governing Law
These terms and conditions shall be governed by and construed by the relevant local laws relating to the provision of said services.