Services
By agreeing to these Terms & Services, you (“Client”) engage Hire Emerald LLC (“Hire Emerald”) to provide sourcing, recruiting, reviewing, and presenting individuals for potential employment and/or contracting with Client. Our candidate pool is obtained through exclusive agreements with top Colombian universities, professional associations, and referral partnerships.
Talent Engagement & Fee Structure
The total recruitment and placement fee shall be equal to thirty-five percent (35%) of the contractor’s gross annual salary, payable in twelve (12) equal monthly payments, with one payment due per month.
The first payment shall be due on the contractor’s start date, and subsequent payments shall be invoiced monthly thereafter.
Optional Benefits
Additionally, Emerald will provide a template of optional benefits that the Client may choose to include when engaging the contractor. Several of these benefits do not have an additional cost and are highly recommended to support talent retention and satisfaction.
Emerald does not cover the cost of any optional paid benefits the Client chooses to add.
Client Management Responsibilities
Emerald will not manage, supervise, or administer the activities, tasks, daily responsibilities, or communications of the contractor unless the Client elects Emerald’s optional payroll and contract management services.
All communications, task assignments, deliverables, coordination, and supervision will otherwise be handled directly between the Client and the contractor. Emerald’s role is strictly as a specialized sourcing intermediary, payment administrator when applicable, and replacement guarantee provider.
Replacement Guarantee
Hire Emerald provides a twelve (12) month replacement guarantee, beginning on the contractor’s start date.
If the contractor leaves the Client’s service for any reason other than layoff, reduction in workforce, or the Client’s breach of agreement, Emerald will repeat the sourcing and placement process at no additional recruitment cost during the twelve (12) month guarantee period to ensure continuity of the Client’s operations.
Optional Payroll & Contract Management Services
If the Client elects for Emerald to manage the contractor’s contract and perform payroll administration under Emerald’s payroll structure, an additional management and payroll administration fee of two hundred fifty dollars (USD $250) per month shall apply.
This service includes contract administration, payroll processing, and compliance management. The contractor shall remain under Emerald’s payroll solely for administrative purposes.
Extended Replacement Guarantee
If, after the initial twelve (12) month replacement guarantee period, the Client continues paying the payroll and contract management fee, the replacement guarantee shall automatically extend on a permanent basis for the duration of time that the Client continues to utilize Emerald’s management and payroll services and remains in good standing.
Initial Deposit
To initiate services, a refundable deposit of five hundred dollars (USD $500) is required. If no candidate is placed, the deposit will be refunded in full.
By accepting these terms, the Client consents to the platform securely storing credit card information for automatic billing of any remaining balance when payment is due.
Monthly Payments and Adjustments
The monthly recruitment fee installments and any applicable management fees will be invoiced at the beginning of each service month and are due upon receipt.
Buyout Option
If the Client wishes to convert the Emerald-placed contractor to direct employment after one (1) year of continuous service, the Client may exercise a buyout option by paying thirty-five percent (35%) of the contractor’s annual salary at the time of buyout, less any recruitment fees already paid.
Upon payment, the contractor will transition to direct employment with the Client, and any remaining Emerald service fees for that contractor shall cease.
Payment Terms
All invoices are due upon receipt and shall be paid using the methods specified by Hire Emerald. Failure to make timely payments may result in suspension of services or termination of this Agreement.
Confidentiality
All searches are carried out with the highest standards of professionalism and confidentiality. Hire Emerald respects the confidential nature of the information provided by the Client and expects the same regarding any candidate or proprietary information.
Limitation of Liability
Hire Emerald shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, even if advised of the possibility of such damages.
Hire Emerald’s total liability under this agreement shall not exceed the amount of fees paid by the Client for the services giving rise to the claim.
Force Majeure
Hire Emerald shall not be liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, government orders, or other force majeure events.
Termination
Either party may terminate this agreement with thirty (30) days’ written notice. In the event of termination, the Client shall be responsible for all fees incurred up to the termination date.
Governing Law
These Terms & Services shall be governed by and construed in accordance with the laws of the State of Texas, with legal proceedings conducted in the courts located in Texas.
