Agreement
AGREEMENT No.
St. Petersburg , 2012
Art Recruiting, Limited Liability Company, hereinafter referred to as the "Contractor", represented by Nadezhda Ilyinichna Romanova, General Director, acting in accordance with the Articles of Association, on the one part, and
(name of company, association, organization, etc.)
hereinafter referred to as the "Customer", represented by , acting in accordance with the , on the other part, made this Agreement as follows:
1. Subject Matter of Agreement
On request of the Customer, the Contractor undertakes to provide services related to search for and screening of specialists to fill vacancies in accordance with requirements provided by the Customer in its request (Appendix 1) which constitutes an integral part of this Agreement, and the Customer commits to pay for these services in such amount as may be fixed.
2. Liabilities of the Parties
2.1 The Contractor undertakes to:
2.1.1 Select candidates for the vacancies, their qualifications to meet requirements of the Customer provided in the request (Appendix 1).
2.1.2 Provide information on the selected candidates in a form of questionnaires and CVs to the Customer for preliminary review.
2.1.3 In the event of a dismissal of any selected specialist during the trial period, provide a similar specialist free of charge to replace the dismissed one, such replacement to be provided only once.
2.2 The Customer undertakes to:
2.2.1 Within a week after the selected candidate specialists are provided, notify the Contractor in writing (by e-mail or fax) of its consent to consider these candidates or of its rejection of these candidates.
2.2.2 Inform the Contractor on the degree of compliance of the candidate with the description in the request.
2.2.3 In the event that the Customer decides to hire a candidate, inform the Contractor of its decision.
2.2.4 During the validity period of this Agreement (from the date of its signing), not to take any steps and not to have any negotiations with candidates provided by the Contractor in respect of their recruitment to any vacant position in its staff or in a third party company leaving out the Contractor.
2.2.5 Pay for the services of the Contractor in such amount as provided in the Minutes (Appendix 2 to this Agreement) and such manner as provided in Section 3 hereof.
3. Amount of Agreement. Payment Procedure
3.1 The price of the Contractor's services hereunder shall be fixed in accordance with Memorandum of Agreement on Contractual Price (Appendix 2), such price not being subject to VAT.
3.2 The Contractor shall be paid for its services within 5 banking days from the date of signing of relevant Report on the work completed.
3.3 The payment shall be divided into two stages:
- 1st stage - 50% of the total amount payable after entering into employer-employee relationships with the candidate provided in accordance with an invoice issued by the Contractor.
(in the event of a replacement of any candidate by another specialist, an amount paid by the Customer of the 1st and 2nd stages shall be offset, and no other payment shall be made).
- 2nd stage - 50% of the total amount payable after successful completion of the trial period by the candidate provided by the Contractor. In the event of a replacement of a candidate by another specialist, payment for the second stage shall be made once the new specialist comes to work.
4. Ensuring Confidentiality
4.1 The Parties guarantee that they will maintain confidentiality in respect of information and documents received hereunder.
4.2 Any documents and information confidential in their nature may be communicated only to those employees of the Contractor and the Customer who are directly involved in the work hereunder.
4.3 The Parties will take all steps as may be necessary to prevent divulging of information or disclosure of documents to any third parties without prior consent of each Party.
5. Refusal to Perform under the Agreement
5.1 In the validity period of this Agreement, each Party may refuse to fulfill (cancel fulfillment of) any filed request, having immediately notified the other Party. In this event, the Parties may not have any claims to each other.
5.2 In the event that the Contractor fails to provide a candidate, or the Customer rejects the candidates offered within two calendar months from the date of filing the request, such request shall be deemed cancelled and, if need be, shall be reissued.
6. Liabilities of the Parties and Settlement of Disputes
6.1 For a failure to fulfill or properly fulfill their respective obligations hereunder, the Parties shall be held liable in accordance with provisions of the Russian Federation legislation and this Agreement.
6.2 The Parties endeavor to settle any disputes and differences that may arise out of this Agreement by way of negotiations.
6.3 In the event of a delay of payment provided herein, the Customer shall pay a penalty to the Contractor in an amount that accounts to 0.1% of an amount of the overdue payment for each day of the delay.
6.4 Should the Parties be unable to settle disputes by way of negotiations, the Parties shall submit them to Court of Arbitration, whose award shall be binding upon both Parties.
7. Term of Agreement
7.1 This Agreement shall become effective on the date of its signing and remain in effect till February 28, 2013.
7.2 If within 30 days before the expiration of this Agreement neither Party declares of its termination in writing, this Agreement will be automatically renewed. The number of such renewals shall not be restricted.
8. Registered Addresses and Banking Details of the Parties
Contractor Customer
Art Recruiting, LLC
22 Pr. Narvsky, Office 233,
St. Petersburg 190020
Current acct. 40702810006030000150
With branch OTKRITIE Bank , PLC, St. Petersburg
Corr. acct. 30101810400000000766
BIC 044030766
TIN 7805285753, Code of reason for
registration (KPP) 780501001
General Director
Art Recruiting, LLC
N.I. Romanova
, 2012
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