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This agreement, made on this day(choose date)
between Precise Home Management, LLC, hereinafter and the Client.
The purpose of this agreement is to set forth the obligation of both parties with respect to the services provided by PHM to the Client. Both parties agree that this agreement is constructed in accordance with, and is governed by laws of the State of Maryland.
*Search and Placement Compensation FeeUpon hiring a qualified candidate presented by PHM, the Client agrees to pay PHM the equivalent of 25% of the new household personnel's first year annual salary defined as taxable income within 14 days of their starting date. ( Part-time (less than 25 hours per week) personnel placement fee will be based on a minimum annual salary of $20,000 (x25% = $5,000 minimum placement fee).
Retention FeeThere is a $1,500.00 *non-refundable fee for the retention of placement services. This fee will be collected for each new position request and search will commence upon receipt of this fee. The fee initiates consultation, up-front costs, advertising, and confirms our Client/PHM relationship. Should a successful placement be made, this retainer will be deducted from the Client's fee. The placement process begins when: (1) This agreement has been signed by both parties; (2) The non-refundable retainer fee has been paid.
ReimbursementsIn order to defer any interest and service charges for purchases (travel, household, personal, reservations, etc) made on Client's behalf, PHM will add a 15% administrative fee.
ExclusivityThe Client warrants and represents that PHM shall be the sole and exclusive placement service and that no other placement service shall be retained while this contract is in effect. The Client shall pay the contractual fee for placement services as set forth in this agreement. It is further agreed that PHM shall be entitled to full payment of any and all fees under this agreement if the candidate hired by the Client is introduced or located, whether directly or indirectly, through any efforts of PHM.
Introduction of ApplicantsThe time required to conduct a reasonable search and placement is relative to the proposed employee(s) compensation package. While higher salaries and benefits do reduce search and time involvement, they also produce a better pool of applicants from which to choose. Since qualified applicants are in high demand, brevity in the decision process should be made so not to potentially miss out on these preferred candidates. PHM conducts applicant interviews with each Client's needs in mind, therefore, the Client should agree to meet with those applicant criteria after the process has begun, another retention fee of $1,500 will be required from the Client to PHM for PHM to continue the search.
GuaranteeIf Household Personnel placed by PHM do not meet the expectations of the Client within 60 days of the placement date (other than due to downsizing or layoff), the Client has the services of PHM to continue the search for an additional 60 days after the termination date of the Household Personnel. Guarantee is in effect provided PHM's Search and Placement Compensation Fee is paid in full and not later than 14 days of Household Personnel's start date.
The aforementioned services have been compiled, agreed upon, and signed by both the Client and PHM. Copies will be made and sent to the Client after both parties have signed this agreement.
The Client hereby agrees to protect, indemnify and hold harmless PHM, PHM's officers, directors, employees, agents and representatives from any and all actions, claims, demands, causes of action, whether civil, criminal or administrative ("claims"), and from any threat of such claims, for any and all liability arising, in any way other than as a result of gross negligence on the part of PHM, out of PHM's performance, or attempted performance, of its duties, obligations and services under this Agreement. Upon Client or PHM receiving notice of any such claim, actually or constructively, or threat thereof, Client shall be immediately obligated to so notify PHM and retain competent counsel to represent and defend PHM with regard to such claim. Client shall be solely responsible for paying all judgment, settlements, attorney fees and costs of defense or litigation. Should Client fail, refuse or delay in its obligations to PHM hereinabove, PHM shall be entitled to retain counsel of its own choosing and settle any claim, at PHM's sole discretion, whereupon Client shall be liable to PHM for indemnification and reimbursement of all such expenses, including attorney fees and costs in collecting said amounts. Parties agree that any action arising out of this agreement should be filed in a court of competent jurisdiction and that the rights of the parties shall be determined under Maryland law.