Terms & Conditions of Iconity s.r.o.
(hereinafter the “T&C”)
Iconity s.r.o. (hereinafter the “Agency”) locates and provides Human resources (HR) in the field of information technology. The Agency holds a valid authorization to mediate employment in the Czech Republic and Abroad in accordance with § 14 (1) char. a), c) of Act No. 435/2004 Coll., the Employment Act, as amended.
The Client is company with desire to engage the Agency to provide recruitment services and the Agency for its part is desirous of being engaged by the Client to provide said recruitment services and Human resources (HR) on said terms.
1.1. “Candidate” shall mean any applicant for a Position with the Client.
1.2. “Position” shall mean the role for which the Candidate is being Presented based on the Requirements set out in Clause 2 of this T&C.
1.3. “Presentation”, “Present” shall all mean the submission of the Candidate’s particulars to the Client including either his/her CV or his/her name or any other information sufficient to uniquely identify the Candidate. The Presentation shall be deemed to have taken place notwithstanding that the Candidate may eventually Sign On for a Position other than that in the contemplation of the Parties at the time of Presentation.
1.4. “Sign On” shall mean that a Candidate Presented to Client by the Agency:
a) Is hired, directly or indirectly, for any Position, as an employee or independent contractor, by Client, its affiliates, parents, or subsidiaries, or execution of an employment or business agreement between the Client and the Candidate irrespective of its conditions.
b) Is referred by Client to another employer or recruiting company and the Candidate is hired, directly or indirectly, for any Position, as an employee or independent contractor, by such employer or through such recruiting firm.
1.5. “Another Agent” shall mean any person representing or purporting to represent the Candidate with or without instruction from the Candidate and whether or not doing so for pecuniary gain and whether or not in the business of recruitment or Human Resources.
1.6. “Guarantee period” is the period for which the Agency provides the Client a guarantee for the Candidate. The guarantee period is provided in full months and can be in any length.
1.7. “Fees” shall mean the recruiter ́s fees set out in Clause 4 of this T&C.
1.8. Unless it is evident from the context and having regards to the generality of the T&C that a clause intends to mean otherwise: words denoted in the singular only shall include the plural and vice versa; words denoted in any gender shall include all genders; and, terms denoting people or persons shall include both natural and legal persons (such as corporations) and vice versa. The heading names in the T&C are provided as reference only and do not form part of the T&C.
2. Requirements for the Candidate
2.1. In order to enable the Agency to locate suitable Candidates the Client will promptly provide (in writing or by e-mail) the following information to the Agency:
a) An executive summary of the Client including its areas of operation, samples of their work etc.
b) A detailed description of the Position including: The legal form of intended cooperation (employee or independent contractor), salary, benefits, place of work, main tasks of the role, monthly volume of performance and any other relevant considerations.
c) The number of Candidates the Client wants to Sign on, if there is more than one for the same Position.
d) A detailed description of the desired applicant.
e) Other relevant documents.
2.2. The performance by the Agency of its obligations under this T&C is conditional upon receipt of the above and changes in these requirements must be notified in writing as soon as practicable.
3. Rights and Obligations
3.1. The Agency will use its best endeavors to locate a suitable Candidate/s and Present this Candidate/s to the Client. The Agency will use its skill, experience in recruitment and human resources (HR) as well as industry knowledge to locate, screen, interview and test Candidates. The Agency may undertake searches for Candidates directly or may outsource this role to third- parties or networks.
3.2. The Agency agrees to inform the Client of any and all circumstances relevant for Signing on a Candidate.
3.3. The Client shall conduct an interview with the Candidate (or to announce the Candidate's rejection to the Agency) no later than fourteen (14) business days after the Candidate is presented to the Client. The Client shall be obliged express his / her interest or show no interest in further negotiations with this Candidate at the latest within seven (7) working days to the Candidate who was interviewed. In case of breach of this obligation, the Agency is entitled to a contractual fine of 1200,- EUR for each violation.
3.4. The Client shall be obliged to inform (in writing or by e-mail) the Agency about Signing On a Candidate presented by the Agency for any Position. The Client is obliged to comply with this obligation within a period of fourteen (14) working days from the date of Signing On a Candidate. The Client shall provide the Agency with the information about the legal form of cooperation with the Candidate and about his/her salary. This obligation lasts 24 months from the moment the Candidate is Presented to the Client. In case of breach of this obligation the Agency shall be entitled to a contractual penalty in the amount of 40.000,- EUR for each violation.
4.1. Entitlement to fee is incurred by the Agency on the day of the selected candidate's entry into employment. For the purpose of this order, employment means the conclusion of an employment contract for an indefinite or definite period, an agreement on work activity, a contract for work, a management contract, a contract with a self-employed person based on a trade license or another contract, including another document confirming the acceptance of a job offer.
4.2. The amount of the Agency's remuneration is set for job positions as 3 times the candidate's gross monthly salary. VAT will be added to this fee in the amount specified by the valid legal regulation. In the case of concluding a cooperation agreement with independent suppliers, the remuneration for this type of positions will be expressed as 2-3 times the average Candidate rate per month (20 times the man-day rate). The specific amount of remuneration for such a required position will be agreed in the email communication.
4.3. The Agency is entitled to issue an invoice for remuneration within 5 days from the date of entry of the admitted candidate into employment. The invoice is payable within 45 days of the date of receipt of the invoice; the invoice will be issued electronically.
4.4. In case of late payment, the Agency will be entitled to charge the Client interest on late payment of 0.05% per day.
4.5. The entitlement to the remuneration arises even if the employment contract with the candidate is concluded within 6 months of the candidate's presentation to the Client (even though he was initially rejected by the Client). The remuneration will be paid in full once. The Client is obliged to inform the Agency of such a case immediately, within 5 (five) days of the candidate's employment at the latest.
5. Warranties and indemnities
5.1. The Agency and the Client warrant that they will not do anything to adversely affect the other Parties’ good name and reputation.
5.2. The Client accepts that the Agency is not liable for (and agrees to hold the Agency harmless for) any losses arising out of:
a) Any loss howsoever arising caused by the Candidate acting under employment on business contract to the Client including losses due to negligence or gross-misconduct.
b) Any loss caused by the Candidate failing to take up employment or business contract as agreed.
6. Application via Another Agent and direct application
6.1. It is agreed that the recruiter’s Fees are still payable notwithstanding the subsequent Presentation of the Candidate to the Client by Another Agent.
6.2. The recruiter’s Fees are still payable notwithstanding the subsequent application of the Candidate to the Client directly.
6.3. The recruiter’s Fees are not payable if the Candidate had already been Presented to the Client (directly or by Another Agent). The Client therefore undertakes to inform (in writing or by e-mail) the Agency within fourteen (14) working days of learning the Candidate’s name if that Candidate had already been Presented directly or by Another Agent. Failure to comply with this requirement shall constitute a waiver of rights under this clause by the Client.
7. Guarantee period
Guarantee period for employee positions
7.1. The Agency provides the Client with a guarantee for recommended candidates in the sense that if the employment or similar relationship between the candidate and the Client ends within the first three months, the Agency undertakes to find another candidate without the right of the original candidate within one month of termination of employment or similar relationship to provide a reward.
7.2. If no suitable new Candidate is found within 30 days (the new Candidate must be employed by the Client within this period and must enter employment), the Client has the right to a refund of the already paid remuneration, or part thereof, as follows:
a) 50% of the remuneration paid, if the employment relationship ended by the end of the 4th week from the establishment of the employment relationship;
b) 30% of the remuneration paid, if the employment relationship ended by the end of the 8th week from the establishment of the employment relationship;
c) 10% of the remuneration paid, if the employment relationship ended by the end of the 12th week from the establishment of the employment relationship.
7.3. The Agency is obliged to return the paid remuneration, or part thereof, within 30 days from the delivery of the written request by the Client.
7.4. The Client is obliged to inform the Agency in writing or electronically about the termination of the employment relationship with the Candidate within 14 (fourteen) working days from the date of such termination.
7.5. TheguaranteedoesnotapplytosituationswheretheClientchangestheconditionsofemployment so that the placed candidate resigns or leaves during the probationary period, or if the Client violates the obligations arising for him from the contract signed with the placed candidate or applicable legislation, especially from labor law. The right to performance under the warranty expires in the event of non-payment of the fee within the due date specified in this order, despite the previous written request with an additional period for rectification.
8.1. The Agency and the Client pledge that the personal data of all Candidates, including potential candidates, will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) and Act No. 110/2019 Coll., on the processing of personal data, as amended.
8.2. The Agency shall ensure that any confidential information or material which is obtained during the scope of this T&C or in negotiation thereof is kept confidential including but not limited to the details of the Position and the proposed salary thereof.
8.3. The Client shall ensure that the details of the Candidate are kept confidential at all times and undertakes not to share this information with any third parties.
8.4. The Agency shall not expose any confidential information except:
a) communicating information to Candidates so that the Agency is able to fulfill its obligations under this T&C;
b) acting with the prior written consent of the Client; or
c) if directed to do so by a competent Court or a State authority.
Provided always that such information has not previously entered the public domain by other means.
In Brno on 16.09.2021