It is the responsibility of all Third-Party recruiters/search firms who wish to submit candidate resumes, information, referrals or perform searches for ECS to read this policy, apply to and become an approved agency through this link, and follow all ECS Terms and Conditions.
Become an External Agency
Want to be an External Agency?
It is the responsibility of all Third-Party recruiters/search firms who wish to submit candidate resumes, information, referrals or perform searches for ECS to read this policy, apply to and become an approved agency through this link, and follow all ECS Terms and Conditions.
RECRUITER TERMS AND CONDITIONS
An ECS Company (the “Hiring Company”) may create positions on this site seeking candidates for employment (each, an “Open Position”). A recruiter (a “Recruiter”) is an individual or entity who suggests and submits one or more candidates (each a “Candidate”) to fill an Open Position at the Hiring Company.
1. Acceptance of these Terms and Conditions.
All Recruiters are required to agree to these terms and conditions prior to submitting a Candidate for an Open Position at the Hiring Company. By clicking the “Submit Candidate” button and uploading a Candidate resume in response to an Open Position, a Recruiter has agreed to these terms and conditions (the “Terms”)
2. Recruiter’s Obligations.
a. By submitting a resume for a Candidate, Recruiter represents and warrants that the Recruiter:
i. has thoroughly checked a candidate’s background before presenting a candidate to then Company including, but not limited to:
1. Checked Candidate’s criminal background;
2. Verified the Candidate’s dates of employment;
3. Verified the Candidate’s education or training;
4. Checked the Candidate’s references;
ii. Inquired about prior litigation between Candidate and former employers; and
iii. Confirmed that the Candidate is qualified for the open position including, but not limited to, confirming the Candidate is available to commute to the specified office of the Hiring Company.
b. Recruiter shall be non-exclusive and acknowledges and agrees that Company may hire other recruiters.
c. Recruiter shall have all required licenses and pay all applicable taxes.
d. Recruiter shall be an independent contractor for all services related to this Agreement.
e. Recruiter shall indemnify, defend, and hold Hiring Company, its parent company, affiliates, and their respective shareholders, officers, directors, members, managers, partners, employees, and agents harmless for any and all damages incurred due to the acts or omissions by Recruiter arising from or related to this Agreement.
3. Recruiter’s Fee
a. Recruiter’s entitlement to a Fee shall be wholly contingent upon Hiring Company employing the Candidate as an employee for 180 days within six months after a Candidate is submitted for an Open Position.
b. No fee shall be owed to the Recruiter if:
i. Candidate contacted Hiring Company or an affiliate prior to the Recruiter submitting a Candidate’s resume in response to an Open Position;
ii. Hiring Company or an affiliate identified a Candidate from another source prior to the Recruiter submitting a Candidate’s resume in response to an Open Position;
iii. Hiring Company does not hire Candidate within 180 days of Recruiter’s first submission of Candidate to the Hiring Company;
iv. Company does not employ Candidate for 180 days within twelve months after Recruiter’s first submission of a Candidate’s resume for an Open Position; or
v. Recruiter submits a Candidate’s resume to Hiring Company or an affiliate in any way other than in response to an Open Position and through this website.
c. Recruiter’s fee shall be 20% of Candidate’s base annual salary at the time of hire (the “Fee”). The Fee is payable at 50% after 90 days of employment (as an advance of Recruiter’s entitlement to the Fee) and the remainder after 180 days of Hiring Company’s employment of Candidate.
d. If Candidate, for any reason, is not employed by Hiring Company or an affiliate for the 180-day period, then Recruiter shall not be entitled to the Fee and Recruiter shall return any portion of the Fee already paid to Hiring Company immediately.
e. Company is an at-will employer and can discharge Candidate for any reason prior to the 180-day requirement and owe Recruiter no Fee. If Recruiter fails to return the Fee to Company within 5 days of Company’s request, any money owed to Company shall bear interest at the lesser of 1.5% per month, or the highest rate allowed by law.
f. Recruiter’s entitlement to the Fee is limited to a Fee for a successful Candidate responsive to an Open Position. Recruiter is strictly prohibited from submitting a Candidate for an Open Position for which the Candidate is not qualified. If an unqualified Candidate is submitted and Hiring Company or an affiliated entity employs such Candidate for a position other than the Open Position, Recruiter is not entitled to a Fee. By way of example only and not limitation, Recruiter shall not be entitled to a Fee for submitting a Candidate for an Open Position for which the Candidate does not have the required licenses listed in the Open Position, is not available to work in the Hiring Company’s office included in Open Position, or does not have the requisite experience.
4. Non-Solicitation of Company’s Employees
Recruiter shall not solicit Company’s employees for a period of six (6) months after submitting a Candidate to Company. Recruiter’s submissions to Company shall not be considered confidential.
5. Conflicting Recruiters
If two Recruiters provide the same successful Candidate, Company will use reasonable efforts to pay the Recruiter that demonstrates first submission and proper entitlement, but in no event will Company pay more than one Recruiter for the same Candidate. The Company’s determination, in its sole and absolute discretion, as to which Recruiter is entitled to payment shall be final and binding on the parties.
6. Fraud
If a Recruiter committed material fraud in forming this Agreement, then this Agreement be deemed void. If any provision of this Agreement is found unenforceable by any court or tribunal, the Parties agree that such provision shall be modified to the minimum extent necessary to render it enforceable, and that the remainder of this Agreement shall not be otherwise affected.
7. Governing Law & Dispute Resolution
To the fullest extent permitted by law, each Party waives its right to a trial by jury, preferring instead a trial by a judge. This Agreement shall be interpreted under the laws of the Commonwealth of Virginia, without regard to conflict of laws provision. The Parties consent to litigation in the Circuit Court for Fairfax County, Virginia or the U.S. District Court for the Eastern District of Virginia (Alexandria Division) for the jurisdiction and venue to resolve any disputes arising from or related to this Agreement.
8. Waiver of Consequential Damages
To the extent legally permitted under applicable law, in no event shall ECS or a Hiring Company be liable to Recruiter or Candidate for any special, indirect, incidental, or consequential damages including, but not limited to, damages or costs due to loss of profits, data, use or goodwill, personal or property damage resulting from or in connection with this Agreement, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if the parties have been notified of the likelihood of such damages.
9. Limitation of Liability
The maximum liability collectively of ECS or a Hiring Company arising out of or in any way connected to this Agreement will not exceed the greater of (a) one hundred dollars ($100.00) or (b) the fees paid to the Recruiter during the twelve (12) months immediately preceding the claim. The existence of one or more claims under these terms will not increase ECS’ or a Hiring Company’s liability.
10. Attorneys’ Fees
If ECS or a Hiring Company is required to retain an attorney to enforce the terms of this Agreement, Recruiter shall be responsible for all litigation costs including but not limited to reasonable attorneys’ fees (internal and external), expert fees, reasonable expenses, and court costs incurred by ECS or the Hiring Company.
11. Miscellaneous
This Agreement shall be construed by the contents with no presumption or standard of construction in favor of or against either Party. This Agreement constitutes the complete agreement between the Parties and supersedes any and all prior understandings, conversations, and proposals, and may not be amended, except by written agreement executed by the Parties.
RECRUITER TERMS AND CONDITIONS
An ECS Company (the “Hiring Company”) may create positions on this site seeking candidates for employment (each, an “Open Position”). A recruiter (a “Recruiter”) is an individual or entity who suggests and submits one or more candidates (each a “Candidate”) to fill an Open Position at the Hiring Company.
1. Acceptance of these Terms and Conditions.
All Recruiters are required to agree to these terms and conditions prior to submitting a Candidate for an Open Position at the Hiring Company. By clicking the “Submit Candidate” button and uploading a Candidate resume in response to an Open Position, a Recruiter has agreed to these terms and conditions (the “Terms”)
2. Recruiter’s Obligations.
a. By submitting a resume for a Candidate, Recruiter represents and warrants that the Recruiter:
i. has thoroughly checked a candidate’s background before presenting a candidate to then Company including, but not limited to:
1. Checked Candidate’s criminal background;
2. Verified the Candidate’s dates of employment;
3. Verified the Candidate’s education or training;
4. Checked the Candidate’s references;
ii. Inquired about prior litigation between Candidate and former employers; and
iii. Confirmed that the Candidate is qualified for the open position including, but not limited to, confirming the Candidate is available to commute to the specified office of the Hiring Company.
b. Recruiter shall be non-exclusive and acknowledges and agrees that Company may hire other recruiters.
c. Recruiter shall have all required licenses and pay all applicable taxes.
d. Recruiter shall be an independent contractor for all services related to this Agreement.
e. Recruiter shall indemnify, defend, and hold Hiring Company, its parent company, affiliates, and their respective shareholders, officers, directors, members, managers, partners, employees, and agents harmless for any and all damages incurred due to the acts or omissions by Recruiter arising from or related to this Agreement.
3. Recruiter’s Fee
a. Recruiter’s entitlement to a Fee shall be wholly contingent upon Hiring Company employing the Candidate as an employee for 180 days within six months after a Candidate is submitted for an Open Position.
b. No fee shall be owed to the Recruiter if:
i. Candidate contacted Hiring Company or an affiliate prior to the Recruiter submitting a Candidate’s resume in response to an Open Position;
ii. Hiring Company or an affiliate identified a Candidate from another source prior to the Recruiter submitting a Candidate’s resume in response to an Open Position;
iii. Hiring Company does not hire Candidate within 180 days of Recruiter’s first submission of Candidate to the Hiring Company;
iv. Company does not employ Candidate for 180 days within twelve months after Recruiter’s first submission of a Candidate’s resume for an Open Position; or
v. Recruiter submits a Candidate’s resume to Hiring Company or an affiliate in any way other than in response to an Open Position and through this website.
c. Recruiter’s fee shall be 20% of Candidate’s base annual salary at the time of hire (the “Fee”). The Fee is payable at 50% after 90 days of employment (as an advance of Recruiter’s entitlement to the Fee) and the remainder after 180 days of Hiring Company’s employment of Candidate.
d. If Candidate, for any reason, is not employed by Hiring Company or an affiliate for the 180-day period, then Recruiter shall not be entitled to the Fee and Recruiter shall return any portion of the Fee already paid to Hiring Company immediately.
e. Company is an at-will employer and can discharge Candidate for any reason prior to the 180-day requirement and owe Recruiter no Fee. If Recruiter fails to return the Fee to Company within 5 days of Company’s request, any money owed to Company shall bear interest at the lesser of 1.5% per month, or the highest rate allowed by law.
f. Recruiter’s entitlement to the Fee is limited to a Fee for a successful Candidate responsive to an Open Position. Recruiter is strictly prohibited from submitting a Candidate for an Open Position for which the Candidate is not qualified. If an unqualified Candidate is submitted and Hiring Company or an affiliated entity employs such Candidate for a position other than the Open Position, Recruiter is not entitled to a Fee. By way of example only and not limitation, Recruiter shall not be entitled to a Fee for submitting a Candidate for an Open Position for which the Candidate does not have the required licenses listed in the Open Position, is not available to work in the Hiring Company’s office included in Open Position, or does not have the requisite experience.
4. Non-Solicitation of Company’s Employees
Recruiter shall not solicit Company’s employees for a period of six (6) months after submitting a Candidate to Company. Recruiter’s submissions to Company shall not be considered confidential.
5. Conflicting Recruiters
If two Recruiters provide the same successful Candidate, Company will use reasonable efforts to pay the Recruiter that demonstrates first submission and proper entitlement, but in no event will Company pay more than one Recruiter for the same Candidate. The Company’s determination, in its sole and absolute discretion, as to which Recruiter is entitled to payment shall be final and binding on the parties.
6. Fraud
If a Recruiter committed material fraud in forming this Agreement, then this Agreement be deemed void. If any provision of this Agreement is found unenforceable by any court or tribunal, the Parties agree that such provision shall be modified to the minimum extent necessary to render it enforceable, and that the remainder of this Agreement shall not be otherwise affected.
7. Governing Law & Dispute Resolution
To the fullest extent permitted by law, each Party waives its right to a trial by jury, preferring instead a trial by a judge. This Agreement shall be interpreted under the laws of the Commonwealth of Virginia, without regard to conflict of laws provision. The Parties consent to litigation in the Circuit Court for Fairfax County, Virginia or the U.S. District Court for the Eastern District of Virginia (Alexandria Division) for the jurisdiction and venue to resolve any disputes arising from or related to this Agreement.
8. Waiver of Consequential Damages
To the extent legally permitted under applicable law, in no event shall ECS or a Hiring Company be liable to Recruiter or Candidate for any special, indirect, incidental, or consequential damages including, but not limited to, damages or costs due to loss of profits, data, use or goodwill, personal or property damage resulting from or in connection with this Agreement, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if the parties have been notified of the likelihood of such damages.
9. Limitation of Liability
The maximum liability collectively of ECS or a Hiring Company arising out of or in any way connected to this Agreement will not exceed the greater of (a) one hundred dollars ($100.00) or (b) the fees paid to the Recruiter during the twelve (12) months immediately preceding the claim. The existence of one or more claims under these terms will not increase ECS’ or a Hiring Company’s liability.
10. Attorneys’ Fees
If ECS or a Hiring Company is required to retain an attorney to enforce the terms of this Agreement, Recruiter shall be responsible for all litigation costs including but not limited to reasonable attorneys’ fees (internal and external), expert fees, reasonable expenses, and court costs incurred by ECS or the Hiring Company.
11. Miscellaneous
This Agreement shall be construed by the contents with no presumption or standard of construction in favor of or against either Party. This Agreement constitutes the complete agreement between the Parties and supersedes any and all prior understandings, conversations, and proposals, and may not be amended, except by written agreement executed by the Parties.