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BETTER TALENT

INDEPENDENT CONTRACTOR AGREEMENT

This Contractor Agreement ("Agreement") is entered into this date (The date you approve this) ("Effective Date"), by and between Better Talent ("Contractor"), and You, of behalf of your company, ("Client"), collectively (the "Parties"), in consideration of the mutual promises made herein, as follows:

Terms of the Agreement

Services

Services by Contractor to include assistance in the following but not be limited to:

Talent Acquisition - Development

Talent Requisition form must be completed, the contractor will provide the client a link and a job description/job ad format is provided
Interviewing structure/scoring system is provided if needed and upon request
Development of Predictive Index behavioral and cognitive job targets
Talent Acquisition - Retained search

Management of job ad distribution on Indeed (Sponsorships on Career listings sites and branded marketing are additional fees to be paid for by Client)
The contractor will provide the Client a unique link for each position for applicants to directly apply on
The contractor will provide the Client a Careers page (for multiple positions) if needed- available upon request
Distribution to the Contractor's Applicant database of applicants
Tracking of all applicants through the application process
Filtering applicants through the PI behavioral filter
Filtering applicants through the Cognitive filter. (where applicable and for PI clients only)
Terms

Each job requisition is a 6-month retained search agreement
All retainer fees are prepaid (due at time of job requisition request)
The Contractor will present the Client with suitable applicant behavioral profiles, applications, resumes, and video interviews. If the Client wishes to proceed with the next round of interviews or a job offer, it is the Client's responsibility to communicate and schedule these remaining interviews and actions
The Client agrees to inform the Contractor immediately upon each job placement
Should Client not make an employment offer, Contractor is not liable or required to continue searching (once the 6-month period has expired)
If there's little to no applicant flow in the first two-three weeks, the Contractor may advise the Client to add/pay for a marketing sponsorship (i.e. on Indeed) or revise the job ad and/or adjust the pay to Indeed's industry averages/standards to improve applicant flow for qualified applicants. The contractor will make best efforts to attract applicants but are not to be held liable for lack of applicant flow
The client is aware there is no employment guarantee post-hire and that no refunds will be given at any time
If the Client decides to cancel the job listing prior to 6 months, the Contractor is non-liable to "switch out" that job for another job or job title. That job will go into a "paused" status for the remainder of the 6 months


Compensation Terms

Talent Acquisition Retained Search fee is due prior to recruiting search /per hire. You will receive an invoice for the amount for your retained search fee. If multiple hires are needed/requested for the same position, your Talent Requisition fee will be due prior to the start of the recruiting process each time.
Sponsorships on career listings sites and branded marketing are additional fees to be paid for by the Client
Method of Performing Services

The contractor will determine the methods, details, and means of performing the above-described services, including the determination of the need for, and hiring for assistants at the Contractor's own expense. The client may not control, direct, or otherwise, supervise the Contractor's assistants or employees in the performance of those services.

Insurance

Contractor agrees to maintain its own insurance policies for professional and indemnity insurance to cover any negligent acts committed by Contractor or Contractor's employees or agents during the performance of any duties under this Agreement. The contractor further agrees to hold the Client free and harmless from any and all claims arising from such negligent act or omission.

Professional Conduct

The contractor seeks to maintain a professional relationship with its clients and vendors. Contractor further reserves the right to take prompt action if an actual or potential conflict of interest arises concerning individuals who engage in a personal relationship that may affect terms and conditions of the Contractor's relationship or the Client's relationship with its applicants or vendors.

Termination

Notwithstanding any other provisions of this Agreement, either Party hereto may terminate this Agreement at any time. In an effort to maintain professionalism and goodwill it is requested that each Party provide as much notice as possible to the other party with a minimum of 30 days requested as a professional courtesy.



GENERAL PROVISIONS

Record Keeping

Contractors are responsible for the payment of any and all applicable taxes as well as any applicable recordkeeping under state and federal law.

Equal Opportunity We do not discriminate in the acceptance or referral of candidates on the basis of race, color, religion, sex, age, national origin, marital status, disability, or other protected characteristics.

Confidential Information

The Parties agree that they may receive confidential information from each other or create confidential information as a result of services. The Parties acknowledge and agree that all amounts paid, therefore, client and customer lists, applicant personal data, and other data and information related to its business (hereinafter referred to as "Confidential Information") are valuable assets of each respective Party. The Parties will keep all confidential information, received or created, strictly confidential. Except for information which is a matter of public record, the Parties shall not, during the term of this Agreement or after the termination of this Agreement, disclose any Confidential Information to any person or use any Confidential Information for the benefit of one another or any other person, except with the prior written consent of the respective Party.

Notices

The addresses of the parties are for notices, other communication and contractor payments are as follows:

To Client: The business address you provided on your Requisition form will be used in this case

To Contractor: Communications can be sent to: recruiting@bettertalent.com

Each party may change the above address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing.

Assignment

Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client or Contractor without the prior written consent of Contractor and Client.

Entire Agreement

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Contractor for Client, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.

Partial Invalidity

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.