Terms of Business

Draft. This page is awaiting review by a cross-border lawyer and should not be relied on until that sign-off. Fill in the legal entity details in lib/site.ts.

These terms are between [legal entity name / proprietor of PharmaHires] (“the Agency”) and the employer (“the Client”). A fuller Master Services Agreement and a Job Order per role are available on request. Fee percentages and minimum fees are set out in the Job Order or in writing before an introduction.

1. Scope

The Agency acts as a non-exclusive, independent contractor. Each search is set out in a Job Order.

2. Introduction and protection

A candidate is “introduced” when the Agency sends their CV or profile by email or portal, or releases their identity following a profile request. If the Client hires an introduced candidate within 12 months of the introduction, directly or through anyone else, and for any role, the fee is due.

3. Fee

The fee is a percentage of the candidate’s first-year remuneration, including base salary, guaranteed bonus and fixed allowances (for Gulf roles, housing and transport allowances; excluding end-of-service benefits), subject to the minimum fee in the Job Order. Fees are stated in the currency agreed. If the candidate is engaged as a contractor or consultant within the protection period, the fee is a percentage of the first 12 months’ contract value.

4. Invoicing and payment

The Agency invoices on the candidate’s start date or on offer acceptance. Payment is due net 30 days. Late payment carries interest at 1.5% per month or the maximum permitted by law. The Client bears all bank charges. Fees exclude VAT, GST and similar taxes; if any withholding applies, the Client grosses up the payment.

5. 90-day replacement guarantee

If a placed candidate resigns, or is dismissed for reasons of performance or conduct, within 90 days of the start date, and the Client has paid the fee in full when due and notifies the Agency in writing within 7 days, the Agency will, at its election, (a) conduct one replacement search for no additional fee, or (b) credit or refund the fee on this scale: 100% for departure within 30 days, 75% within 31 to 60 days, 50% within 61 to 90 days. No guarantee applies where the departure results from redundancy, restructuring, a change of role, location or remuneration, or breach by the Client. One replacement or one refund applies per placement and the guarantee does not renew.

6. Confidentiality

Each party keeps the other’s confidential information confidential. A candidate’s identity stays confidential until the candidate approves release to the Client.

7. Data protection

Each party is an independent controller of the personal data it receives. For EU or UK data, transfer terms (Standard Contractual Clauses or the UK IDTA/Addendum) apply. Each party notifies the other of a personal-data breach affecting shared data within 72 hours, and deletes shared data on request unless it must keep it by law. See the Privacy Notice.

8. Non-circumvention

The Client will not use introduced candidate data to hire without paying the fee. The Agency will not solicit the Client’s employees.

9. Liability

The Agency’s liability is capped at the fees paid by the Client in the previous 12 months, and excludes indirect or consequential loss. The Agency is not liable for candidate performance or for the Client’s right-to-work checks, which are the Client’s responsibility.

10. Compliance

The Agency charges candidates no fees. Both parties comply with anti-bribery and sanctions laws.

11. Term

Either party may end this agreement on 30 days’ notice. Fee, protection, confidentiality and non-circumvention clauses survive.

12. Governing law and disputes

[To be set by counsel: governing law and arbitration seat, with negotiation, then mediation, then arbitration.]