Client Service Agreement
Presentation Of Candidates and scope of service
Old State Staffing will introduce qualified Candidates (“Candidate(s)”) for consideration for employment by Client. The Client understands that Old State Staffing is a referral service. The Client has full and exclusive authority to decide whether to hire a candidate.
Any individual hired by the Client is the Client’s employee. Old State Staffing is not the employer of any candidate at any time. The Client is solely responsible for payroll, taxes, insurance, workers compensation coverage, compliance with applicable labor laws, and all other employer obligations.
Old State Staffing does not control the work schedule, compensation, duties, performance standards, supervision, or working conditions of any employee hired by the Client.
Placement fee
A non-refundable placement fee is owed to Old State Staffing upon the Client’s decision to hire a candidate.
- Full-time positions (30 hours per week or more): 20% of first-year gross compensation
- Part-time positions (under 30 hours per week): 25% of first-year gross compensation
- Temporary roles (3 to 12 month employment term): 25% of total contracted compensation
First-year compensation includes all taxable income, including base salary, hourly wages, signing bonuses, guaranteed bonuses, scheduled bonuses, and any other guaranteed or committed compensation.
Payment must be initiated within 7 days of the candidate’s employment start date, as agreed upon in the employment agreement. The Client must confirm the hire in writing and provide Old State Staffing with an executed copy of the employment agreement.
Definition of Position Types
For clarity and consistency, Old State Staffing follows the IRS and ACA standard for job classification:
- Full time: 30 hours or more per week
- Part time: under 30 hours per week
- Temporary: any fixed term of less than 12 months
A temporary role may be full-time or part-time.
Trial Period
Satisfaction guarantee
Old State Staffing provides a 90-calendar day Satisfaction Guarantee. If the original employee leaves or is terminated for any reason within the first 90 days following the start date, Old State Staffing will conduct a replacement search at no additional fee, provided that payment has been made in full and on time, the Client submits the replacement request in writing within the 90-day period, and the Client remains responsive and cooperative throughout the process. The guarantee is contingent on the Client not materially altering the scope or nature of the role from what was originally represented (e.g. job description, compensation, working conditions), not engaging in harassment, misconduct, unsafe conditions, or unlawful treatment of the employee, and not obstructing or delaying Old State Staffing’s ability to conduct the replacement search, including timely feedback, interview availability, and clear communication of expectations. Failure to respond to submitted replacement candidate profiles within 7 days voids the guarantee.
The 90-day guarantee period resets for each replacement hire. Old State Staffing may require written confirmation of the employee’s resignation or termination, including the effective date, before initiating a replacement search. If Old State Staffing agrees in writing that the original employee may remain employed during the replacement search, that arrangement does not extend or expand the guarantee. If the Client pauses or delays a replacement search for more than 14 days, Old State Staffing may treat the guarantee as closed. Any search resumed thereafter may be treated as a new engagement at Old State Staffing’s discretion.
Old State Staffing may, at its sole discretion, end its replacement obligation by notifying the Client in writing and refunding the placement fee in full, at which point all obligations under the guarantee conclude.
Candidate screening
If a hire is made, Old State Staffing will initiate a standard background check at its own cost, subject to applicable law. Certain jurisdictions require a conditional offer before background checks can be conducted.
Old State Staffing uses third party vendors for all background checks and makes no representations or warranties concerning their reports or test results. It is the sole responsibility of the Client to review these results and determine whether to employ a particular Candidate based upon these results.
Employment Documentation and Professional Advice
Confidentiality and Candidate Ownership
All candidate information provided by Old State Staffing is confidential and the exclusive property of Old State Staffing. The Client agrees not to disclose candidate names, profiles, or information to any third party for any purpose other than evaluating the candidate for employment.
If the Client hires or refers a candidate introduced by Old State Staffing to any person or entity within one year of the original introduction, the Client is responsible for payment of Old State Staffing’s full placement fee. Referral includes direct or indirect introductions, including introductions that result in employment by a related household, business, family member, or entity controlled by the Client. For purposes of this Agreement, “hires” or “employment” includes any engagement of the candidate in any capacity, whether full time, part time, temporary, consulting, or project based, and regardless of title, scope of duties, or compensation level.
Wrongful hire of candidate
If the Client hires any candidate introduced by Old State Staffing without paying the required placement fee, or refers any candidate to another household or employer who then hires the candidate, the Client will be considered in breach of this Agreement. Old State Staffing may claim the full placement fee plus any collection costs, interest, and attorney fees.
Old State Staffing will have no further obligation to provide services if wrongful hire occurs.
Payment, Interest, and Costs of Collection
Payment is due within 7 days of the candidate’s start date. If payment is not received when due, Old State Staffing may charge interest at an annual rate of ten percent, calculated monthly at .833%, until the balance is paid in full.
If Old State Staffing must take action to enforce this Agreement, the Client is responsible for all associated costs, including attorney fees, court costs, and collection expenses.
Release and Indemnification
Old State Staffing is not liable for the acts, omissions, performance, behavior, negligence, or conduct of any employee hired by the Client.
The Client agrees to release, defend, and indemnify Old State Staffing and its owners, employees, and representatives from any claims, losses, damages, or liability that arise from the Client’s employment relationship with a candidate, except to the extent caused by the gross negligence or intentional misconduct of Old State Staffing.
Venue and Choice of Law
Entire Agreement
Updated 01/01/2025.
