Deborah Calkin Agency Terms & Conditions
I. REFERRAL SERVICE PROVIDED BY THE AGENCY
1.1 The Agency will find, search and refer potential persons to Client for potential employment as a domestic Employee. Client understands and acknowledges that Client is retaining the Agency as a search consultant to find appropriate domestic candidates for Client.
1.2 Client acknowledges and understands that the Agency, as a search consultant to Client, acts as a referral source of domestic Employees in locating prospective Clients, and is not a party to any agreement made between the Client and the domestic Employee. Client understands and agrees that the Agency is not a detective agency. Moreover, Client acknowledges that the Agency is an independent contractor and is not an agent of, employee of, or partner of either Client or domestic applicant. It is further acknowledged and agreed that the sole obligation of the Agency is to use reasonable efforts in locating domestic applicants that meet the temporary or permanent job order questionnaire qualifications as specified by Client to the Agency. Client acknowledges that nothing in this Agreement is intended by the Agency to guarantee a suitable applicant.
1.3 Client understands that upon the voluntary or involuntary termination of a domestic Employee, the Agency is not required to reimburse Client for any expenses that may be or have been incurred by Client.
1.4 The Agency will screen all domestic candidates for criminal history, driving records, references and Social Security identity. The Agency will contact a minimum of two references given by domestic candidates, although Client will have the opportunity to contact such references, and the Client is urged to do so.
1.5 If a full time or part time domestic Employee referred by the Agency accepts employment with the Client with a one year commitment, but during the first sixty (60) days of such employment the domestic Employee or the Client terminates employment with or without cause, the Agency will replace that Employee one time without additional charge unless any of the following apply: 1.5 A) Client alters the domestic Employee job description, as detailed in the Client application. 1.5 B) The Client chooses to replace the domestic Employee using the services of agent and the second domestic Employee of Client choice resigns or is terminated. 1.5 C) The domestic Employee resigns their position due to any kind of verbal or physical abuse, illegal activity, substance abuse, failure to pay domestic Employee as agreed or acts of moral turpitude by the Client, Client’s family, Client’s Associates or Client’s representatives. If termination takes place during the period 61 through 180 days after employment, the Agency will replace the domestic Employee one time for 50% of the applicable fee. If termination takes place during the period 181 days through one year after employment, the Agency will replace the Employee one time for 75% of the applicable fee. Please understand that it will take time to replace your domestic Employee, approximately 2-8 weeks or in rare cases, even longer. If the domestic Employee is dismissed, the Agency will do its best to promptly provide the family with a temporary Employee, while searching for the domestic Employee’s replacement.
1.6 Client agrees that the above guarantee is void unless the Client furnishes the Agency a copy of the contract signed by both the Client and the domestic Employee within thirty (30) days of beginning of employment by the Employee.
1.7 If a full time or part time Employee referred by the Agency accepts employment with the Client with a 6-month commitment, but during the first (30) days of such employment the Employee or the Client terminates employment with or without cause, the Agency will replace that Employee one time without additional charge. If termination takes place during the period 31 through 149 days after employment, the Agency will replace the domestic Employee one time for 50% of the applicable fee. If termination takes place during the period 150 days through 6 months after employment, the Agency will replace the Employee one time for 75% of the applicable fee.
1.8 If a full time or part time Employee referred by the Agency accepts employment with the Client with a 3-month commitment, but during the first (14) days of such employment the Employee or the Client terminates employment with or without cause, the Agency will replace that Employee one time without additional charge. If termination takes place during the period 15 days through 30 days after employment, the Agency will replace the domestic Employee one time for 50% of the applicable fee. If termination takes place during the period 31 days through 3 months after employment, the Agency will replace the Employee one time for 75% of the applicable fee.
II. CLIENT’S OBLIGATIONS
2.1 Client will provide the Agency with such information as may be requested by the Agency, from time to time, concerning Client’s qualification and requirements for a domestic Employee referral. Client agrees that each of the representations and information provided on the employment application (Employee Application – attached hereto, incorporated herein and made a part hereof) by Client, as well as any other information given the Agency, is true and complete in all respects.
2.2 Client authorizes the Agency to contact any references provided by Client, as well as to make its own independent investigation of Client. The Agency is authorized to obtain all such reference checks as the Agency may deem desirable and any persons, Private Corporation, medical facility, doctor or government agency is specifically authorized to provide such information to the Agency.
2.3 Client understands and agrees that the Agency is not responsible for false or misleading answers or information provided to it by Client, a domestic Employee or other third parties, and holds the Agency harmless from any damage of any kind whatsoever resulting from any such false or misleading answers or information.
2.4 Client ratifies and confirms any and all referrals the Agency makes for, to, or on behalf of Client, and specifically authorizes the Agency to refer to Client’s identity for the purpose herein set forth.
2.5 Client is under no obligation to accept any Employee referral made by the Agency. The final determination to accept or reject a referral made by the Agency is solely that of Client, and Client waives any and all claims, damages, losses or causes of action against the Agency arising out of any such domestic Employee referral to, or hiring by Client.
2.6 Client shall promptly notify the Agency if the Agency refers a domestic candidate with whom the Client has already had contact, either by previous employment or by referral from any other person or agency.
2.7 Client acknowledges and agrees that the Agency shall not control or supervise the time, method, manner or means of accomplishing the objectives of Client, nor the compensation, benefits, duties, hours, or responsibilities of any domestic Employee. Client shall have full responsibility for all such control and supervision, and all such negotiations and arrangements with any domestic Employee.
2.8 Client or domestic Employee shall be responsible for payment of all applicable payroll taxes, Social Security, or Medicare assessments, and Federal or State withholding or unemployment.
2.9 Client must send the Agency a copy of the hiring agreement signed by Client and domestic Employee before Employee’s first day of hire.
3.1 The Agency. All data provided to and/or gathered by the Agency in the investigation of the Client is confidential and will be held in strict confidence by the Agency and its employees.
3.2 Client. Client agrees to keep all information provided by the Agency confidential and will continue to keep that confidentiality at all times. At the expiration of this Agreement, or the expiration of the referral services rendered by the Agency, for any reason, all information and material or a personal or private nature acquired from Client, directly or indirectly, shall be promptly returned by the Agency to the Client upon written request. Upon request by the Agency, Client will return all information provided by the Agency relating to all domestic Employees that were referred to Client.
4.1 All fees for Domestic Employees referral services provided by the Agency shall be charged to Client as follows.
Type of Placement Fee
4.1.1 Client registration, searching, and screening fee: $150 one-year access non-refundable.
4.1.2 Nanny, Caregiver and Housekeeper referral fee for long-term full-time placement is 15% of annual gross salary, (or a minimum fee of $3500) whichever is greater. For placement of Nannies, Caregivers and Housekeepers working less than 35 hours per week our fee is 18% of their annual gross salary, (or a minimum fee of $1750) whichever is greater.
4.1.3 Domestic Employee referral fee for employees working less than 50 hours per month for long-term placement is 30% of the their annual gross salary (or a minimum fee of $750) whichever is greater.
4.1.4 Specialized Estate Staffing (including Executive Housekeepers and Newborn Specialists) referral fee for long-term full-time placement is 25% of annual gross salary, (or a minimum fee of $3500) whichever is greater. For placement of Specialized Estate Staff working less than 35 hours per week our fee is 25% of their annual gross salary, (or a minimum fee of $1750) whichever is greater.
**The Agency calculates the final placement fee for all long-term placements (full-time or part-time) by multiplying the weekly salary X 52 (weeks) X the % (based on the type of placement), or the minimum placement fee. Included in the fee is the total salary package, including all benefits as well as the estimated annual cost of rent for live-in placements.**
4.1.5 Domestic Employee referral fee for temporary positions of 8 months or less, for full-time or part-time placement: $2500
4.1.6 Domestic Employee referral fee for temporary positions of 4 months or less, for full-time or part-time placement: $1500
4.1.7 Domestic Employee referral fee for a live-in exchange for a summer position or a 3-month period or less: $1500
4.1.8 Domestic Employee referral fee for a live-in exchange for over 3 months up to 6 months: $2500
4.1.9 Domestic Employee referral fee for a live-in exchange for over 6 months up to 1year: $3500
4.2 Domestic Employee referral fee for anything not listed above will have an addendum added to this contract listing the fees required by Client and the services offered by the Agency. Addendum must be presented to the Agency at the time of request (BEFORE the Agency starts the search) and be signed by Client and Agency, and is a valid part of this contract.
4.3 All fees are due BEFORE the first day of work for the employee and are non-refundable.
4.4 The Agency allows a maximum of a 5-day working trial period before Client is responsible to pay the final placement fee. If the working trial period exceeds 5 days, the Client is responsible to pay the Agency the final placement fee whether or not any hiring contract has been signed by the Client and Domestic Employee.
4.5 Client agrees not to make any private arrangement with any domestic Employee candidate referred by the Agency, for the purpose of, or having the effect of, avoiding payment of the fees set out above. If Client employs a domestic Employee candidate referred by the Agency at any time during twelve (12) months after such referral, then Client shall notify the agency of such employment and shall pay the fee set out above.
4.6 Client agrees that the above selected domestic Employee referral fee is to be paid the Agency BEFORE the first day the Employee reports for work to the Client. No placement is final until all fees have been paid to the Agency.
4.6.1 All final placement fees must be paid by personal check, wire or money order to the Deborah Calkin Agency and postmarked on or before the domestic Employee’s first day of hire OR a maximum of 14 days after the invoice has been emailed.
4.6.2 When in arrears, the Client will incur a $10 late fee every day until the payment is paid in full to the Agency.
4.7 Client understands that a referred domestic Employee is not required to pay a fee of any kind for the referral services provided by the Agency, but that any such fee is the obligation of Client.
Client acknowledges that a referred domestic Employee has agreed not to commence employment with Client until Client has paid all applicable screening and referral fees in full to the Agency.
5.1 Client agrees to indemnify and hold the Agency harmless from and against any and all suits, actions, losses, damages, claims or liability of any character, type or description, including without limitation, all expenses of litigation, court costs, and attorney’s fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, alleged by the Client, the Employee, the Client’s family or any third party, including any acts of omission or commission of the part of the Employee, Client, or Client’s family, and including claims and damages arising in whole or in part from the negligence of the Agency.
5.2 The Agency is not responsible for the acts, conduct, or omissions of Client or any domestic Employee arising out of any referral provided. The Agency makes no implied or express warranties other than its agreement to provide referrals as is specifically set forth elsewhere in this Agreement; the Agency makes no representations, warranties, promises, or agreements regarding the composition of its Client database, and the Client acknowledges that there has been no representation, promise, or agreement other than as expressly contained in this agreement.
5.3 Client relinquishes all claims for possible liability of the Agency. Client agrees that under no circumstances will the Agency be responsible for any damage or loss resulting from employment of the Employee referred by the Agency. It is the express intent of the Parties to this Agreement that the indemnity provided for in this section is an agreement by Client to indemnify and protect the Agency from the consequence of the Agency’s own negligence.
5.4 Client further agrees to defend, at its own expense, and on behalf of the Agency, and in the name of the Agency, any claim or litigation brought in connection with any such injury, death, or damage.
6.1 No Assignment. This Agreement shall not be assignable by Client without the prior written consent of the Agency.
6.2 Collection, Attorney’s Fees and Costs. If any fee is not paid within three (3) days of demand, Client agrees to pay all costs of collection, including interest at the maximum rate allowed by law on the unpaid balance of amount due. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
6.3 New Mexico Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of New Mexico, and all obligations of the Parties created here-under are perform-able in New Mexico.
6.4 Parties Bound. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
6.5 Legal Construction. In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision has never been contained in it.
6.6 Prior Agreements Superseded. This Agreement constitutes the sole and only understandings or written or oral agreements between the parties and supersedes any prior understandings or written agreements between the parties respecting the subject matter of this Agreement.