20230127V01NY Director of Construction – Real Estate – New York, NY

Recruitment Terms & Conditions

1. All assignments accepted by Kaizen Talent Solutions, hereinafter “the Company”, a division of the Company, shall be governed by the present General Terms and Conditions. Unless the Company expressly accepts the Client’s specific terms of business in writing, the present General Terms and Conditions supersede all other Terms and Conditions in the event of any conflict.

2. The arrangement of an interview, or the interview of any Candidate introduced by the Company whether effected by the Company directly or by the Client shall be deemed to be acceptance of, and agreement to, the Company’s General Terms and Conditions by the Client. The provision of a CV or any information sufficient to identify the Candidate following a request by a Client shall also be deemed to be acceptance of these General Terms and Conditions. Any provision of a Candidate’s details is done on a strictly confidential basis and is conditional upon the Client agrees not to disclose any information about a Candidate to any other person or organization without the Company’s prior written consent.

3. The Client shall pay the Company’s fees according to the following payment terms or as otherwise stated in the agreement:

a. Recruitment Fees a % of the gross annual remuneration of the selected Candidate(s) including any element of the guaranteed or probable bonus;
b. a Retainer Fee to be paid at the start of the assignment is payable immediately upon commencement of the assignment and is non-refundable;
c. a Shortlist Fee is non-refundable and payable upon presentation to the Client of a minimum of 3 Candidates who in the reasonable opinion of the Company meet the agreed specification;

4. If the Candidate introduced by the Company is not hired by the Client or if the Candidate rejects the employment (or collaboration) offered by the Client, and if the Candidate is subsequently employed by (or collaborates with) the Client within a period of 18 months following the date of the first introduction, then the Client shall pay fees to the Company as stipulated in Clause 3 above.

5. If the Client introduces a Candidate selected for it by the Company to another person or Company, and if the Candidate is then hired by (or collaborates with) said person or said Company within a period of 18 months following the date of the first introduction of the Candidate to the Client, then the Client shall pay fees to the Company as stipulated in Clause 3 above.

6. In accordance with said terms and conditions, the Client shall inform The Company of the hiring of any Candidate(s) within a period of 15 days and specifically, shall inform the Company of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.

7. The Client, as the Candidate’s legal employer, shall be responsible for fulfilling all required legal formalities as the Company is not legally authorized to do so. Specifically, the Client shall verify that the Candidate holds a valid work permit or any medical examinations as required.

8. The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee, neither expressly nor implicitly, the aptitude of the Candidates introduced to the Client.

9. The Company is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in connection with the recruiting or hiring of Candidates by the Client. The Client shall indemnify the Company against any third-party claim in connection with the recruitment.

10. Fees, as set out in Clause 3, will also be payable if, within 12 months of acceptance of the Company’s General Terms and Conditions the Client, engages, in any capacity, any person who at the time of such engagement was employed by the Company and had direct or indirect contact with the Client.