All placements by Marberg Limited (“Marberg”) are subject to the Marberg Limited Service Contract (the “Agreement”) which is available in full upon request. These terms are subject to change without notice. For the purposes of the Agreement, the Client is anyone to whom a referral is made by Marberg. The Marberg Employee is any person referred by Marberg to the Client.
The Client is deemed to have read and accepted the terms below upon agreement by Marberg to refer a Marberg Employee to the Client. The provisions herein are subject always to any overriding provisions under Ontario Legislation. The Client agrees to comply with the required notice period for termination of assignment in accordance with current legislation or be billed for deficiencies. Marberg may bill for statutory holidays and up to 10 percent for cost increases due to changes in legislation and may review rates every six months.
Annual term contracts, business agreements and master agreements between the Client and Marberg Limited are available to preferred clients which may reflect policies that supersede these terms. All such contracts must be in writing and be dated prior to any offer of employment made to a respective Marberg Employee or referral. Fees are payable regardless of the process of which the hiring occurs including but not limited to subsequent referrals from a competitive service or the incumbent’s direct applications for employment.
It is the Client’s responsibility to monitor the hours worked on a daily basis and ascertain the hours worked. Marberg will make a reasonable attempt to ascertain correctness of the time sheet with any member of the Client firm. Any Client employee present is deemed acceptable for the purposes of ascertaining a timesheet.
It is understood that the Client will not authorize Marberg Employees or referrals to operate machinery, automotive or truck equipment, with the exception of basic office equipment, without prior written consent from Marberg Limited. It is understood that the Client will not entrust Marberg Limited Employees with cash, negotiables or other valuables without written permission from Marberg Limited and then only when the specific duties necessitate such activity. It is understood that under no circumstances will Marberg Limited be responsible for claims unless such claims are reported in writing to Marberg Limited by the client within 5 days after occurrence.
A Marberg Employee placed by Marberg in a temporary placement or contract shall work a minimum of 7 hours per day. The Client and the Marberg Employee shall complete and execute the Marberg Time Sheet weekly for remittance to Marberg, submission of which is a written acknowledgement and acceptance of the terms herein and the Marberg Limited Service Contract. The signature of the Marberg employee is deemed sufficient acknowledgement of the work performed for billing purposes.
Invoices are payable upon receipt.
If the Client is dissatisfied with the Marberg Employee, the Client must notify Marberg within 4 hours and Marberg will not charge the Client for the first 4 hours of service. Marberg shall attempt to replace the Marberg Employee with another employee satisfactory to the Client.
If within 24 months after the completion of the temporary placement or contract of the Marberg Employee, the Client hires or wishes to hire the Marberg Employee in any capacity or the Client refers the candidate to others, a permanent placement fee shall be charged to the Client based upon the thirty per cent of the annual salary of such employee (which shall be calculated on the basis of eighty per cent of the hourly rate billed for the employee in the former temporary position for a 35 hour work week over a period of 52 weeks) or the actual salary if available. Employment of the Marberg employee with the Client is deemed to be on the day after the end of payment by Marberg to the Marberg employee for any employment remuneration while performing duties for the Client, affiliates or related parties. The permanent placement fee is payable to Marberg on that date i.e. the day after after the end of payment by Marberg to the Marberg employee for any employment remuneration while performing duties for the Client, affiliates or related parties.
Where Marberg or referrals of Marberg refer a Marberg Employee for employment with the Client, or the Client refers the Marberg Employee(s) to others, the Client shall pay Marberg a permanent placement fee equal to thirty percent of the annual salary paid if within 24 months of the initial referral. In the case of any incentive paid employee, management or executive level employee, the annual salary shall be the aggregate of the employee’s base salary, estimated commissions, estimated bonuses and all other benefits. The fee for a permanent placement is payable to Marberg upon acceptance of the offer of employment by the Marberg Employee and is payable immediately. Invoices are due upon receipt. The date of the referral is deemed to be the date of invoicing of the thirty percent fee.