CONTINGENT FEE SCHEDULE / WORKING AGREEMENT
Newman-Johnson-King, Inc. & A H Justice Search Consultants operate entirely on an employer paid fee basis and perform search work on contingent, modified retained, and retained fee basis. Both modified retained and retained fees are customized agreements to specific client requirements. It is stipulated that all transactions between us shall be construed under Texas law, including Vernon's Civil Statutes, Art. 5221, the Texas Personnel Employment Services Act.
THE FEE
Candidates referred directly or indirectly to potential employers create an obligation ONLY if the employer hires them directly or indirectly within three years of the referral, hiring being the offer of employment and the acceptance of same. The fee for permanent employment to be paid by the employer is proportional to the first year's compensation (i.e., salary plus commission and/or bonus). The rate will be discussed and in writing upon submission of your job order. Or you can speak directly by phone with Jack King or one of his consultants at 361-790-5959 or 361-758-6903, or by email at Jack.King@NJKsearch.com or Joan.Peterson.King@NJKsearch.com
INVOICE PAYMENT
The employer paid fee for our services is EARNED AND PAYABLE on the candidate's acceptance of your offer of employment and is DUE in Rockport, Aransas County, Texas ON THE DATE OF THE COMMENCEMENT OF EMPLOYMENT. Invoices shall be rendered. Late payments may be subject to a penalty charge of 1.5% of the outstanding balance for each month the balance is overdue. AH Justice hereby disclaims any right to receive or collect interest in excess of the highest rate allowed by applicable law.
GUARANTY POLICY
We shall refund 50% of the contingent permanent fee for a candidate who is not employed on the 30th calendar day from the starting date unless termination was made for the convenience of the employer. Guaranty applies only if AH Justice is notified in writing within two weeks of the date of termination of the employee and the invoice payment was received within two weeks of its due date and was in accordance with the fee schedule above.
CONTRACTING, TEMPORARY & TEMP-TO-PERM PLACEMENTS
For each candidate referred for contract, temporary, or temp-to-perm placement, you will be provided and invoiced upon an hourly billing rate, and a conversion fee schedule will be quoted and applied. Each person placed under this shorter term type placement will become a regular employee of ours or our service bureau and is not permitted to work on your assignments as an independent contractor requiring a Federal 1099 form. If a pending contracting, temporary or temp-to-perm placement becomes a permanent placement; all the sections of this fee schedule on permanent placements apply and govern in the entirety unless prior arrangements have been concluded in writing. The existence of the contract assignment to your firm & of our employee is a trade secret of these firms.
