| TERMS AND CONDITIONS |
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DEFINITIONS In these terms of business the following definitions apply: “Client” - refers to the person or entity who accepts the services of the Company “Company” - refers to the Employment Agency, Platina Employment & Consultancy Pte Ltd, Co. Reg. No. 200400736W of 176 West Coast Way, Hong Leong Garden Shopping Centre, Singapore 127085. “Applicant/Candidate” - refers to a candidate or a person introduced by the Company to the Client for Employment consideration; “Services” - refers to the introduction by the Company of an applicant to the Client as specified in accordance with these conditions. “Conditions” - standard terms and conditions of supply set out in this document and shall also included any terms and conditions agreed in writing between the Client and the Company and upon acceptance thereof as a specified herein shall represent the contract between the Client and the Company.
ACCEPTANCE The Client is deemed to have accepted these terms and conditions having agreed to interview or employ the Applicant. The Client is bound to these conditions if a subsidiary, franchise, agency, license or partner of the Client interviews or employs the Applicant. If the Applicant is employed by any other company through an introduction of the Applicant by the Client, the Client will be liable for the full fee as laid out in these terms and conditions. ( Please refer to clause stated at 9.1 )
FEES PAYABLE AND PAYMENT TERMS The Client agrees to notify the Company verbally, on the same working day as the appointment of an Applicant is accepted by the Client. The Client agrees to notify the Company in writing of the terms of the applicant’s employment including remuneration. The Fee payable to the Company will be based upon the agreement of both parties- the Client & the Company and will be payable within fourteen (14) days of the date of invoice. If The Client does not pay fees within the fourteen day period as agreed by acceptance of these terms and conditions, the Company will charge monthly interest for the delay of payment.
REPLACEMENT OF APPLICANT/CANDIDATE If the Candidate leaves the employment or the Client terminates the Candidate’s employment due to unsatisfactory service within the first four weeks of employment, the Company will find a replacement for the Candidate free of charge.
CLIENT’S RESPONSIBILITY The Client will be responsible to guarantee the authenticity of the job offer and the fulfilment of all the conditions as agreed in the Employment Agreement. The Client will also be responsible in issuing maximum of three (3) warning letter(s) to the Candidate with poor performance before termination of employment. This letters shall be copied the Company for record and reference purposes. The Client will also have the right to renew the employment with the Candidate without further service fee upon completion of the employment contract. The Client will be responsible on the insurance of the Candidate at the period of employment.
COMPANY’S RESPONSIBILITY The Company shall be responsible for the necessary documents of the Applicant to be legally permitted to work in the country. The Company shall be responsible for ensuring that the Applicant satisfies the medical requirements for the role to which the Applicant is employed. The Company may purchase premium for the Security Bond, Medical Insurance, Workman Compensation Insurance and other benefits on behalf of the Client to be claimed accordingly. The Company shall not be liable for any damages due to the Client’s fault such as infringement of the law and any other performances against the Employment Act. The Company shall be responsible on the following services:
SUITABILITY, WORK PERMITS AND REFERENCE The Company shall endeavour to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the Client seeks to fill. Concurrently as proposing an Applicant to the Client, the Company shall inform the Client of such matters as stated above which as obtain confirmation of them. The Company agrees to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill. Notwithstanding with the above clauses, the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Company before engaging such Applicant. The Company is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and satisfying any medical and other requirements, qualifications or permissions required by law of the country wherein the Applicant is engaged to work. To enable the Client to comply with its obligations under clauses above, the Client undertakes to provide to the Company regarding details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; In addition, the Client shall provide details of the date the Company requires the Applicant to commence employment and the Remuneration and any benefits the Applicant would be entitled to.
LIABILITY, CONFIDENTIALITY AND CONDUCT The Company agrees that it will not incur any liability or make any promises, representations, warranties or give any guarantees whatsoever on behalf of the Client except as permitted by this agreement. The Client and the Company agree that they will keep confidential on any information disclosed to the other which relates to the business or finances of the other or any information which could be considered confidential or is designated as confidential by either party. Both parties agree that they will not copy or disclose any such information or documentation to any third party save where the disclosure is required by law, by any regulatory authorities or is in the public domain other than through a breach of either party to the agreement. The Client and the Company agree that neither party shall, during the term of this Agreement, (or within three months of termination) directly or indirectly solicit, seek or enter into any conduct aimed to poach or entice away any employee of the other party from their current appointment. The Company is not liable for any loss, expense, damage or delay from any failure to introduce any Applicant for all or part of the assignment or from the negligence, dishonesty, misconduct or lack of skill of the Applicant. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
INTRODUCTIONS (Optional) Introduction of Applicants are confidential. The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Company which results in an Engagement with that third party within 6 months of the introduction renders the Client liable to payment of the Company’s fee. An introduction fee will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the Company, whether direct or indirect, within 6 months from the date of the Company’s introduction. In the event that any employee of the Company with whom the Client has had personal dealings accepts an Engagement with the Client within 6 months of leaving the Company’s service, The Client shall be liable to pay an introduction fee to the Company.
CONTRACT CONSTRUCTION The contract shall be construed according to the Law and will be subjected to the jurisdiction of the courts.
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