Recruitment Commercial Terms & Conditions

1.1 Fee Calculation Basis

Recruitment fees are calculated as a percentage of the hired candidate's total annual compensation package, which includes:

• Base Annual Salary: Fixed gross annual compensation
• Variable Compensation: Bonuses, commissions, performance incentives, and guaranteed variable pay
• Benefits with Monetary Value: Company car allowance, housing subsidies, stock options, equity grants, signing bonuses

The total package amount is determined based on the first year's total compensation as stated in the employment offer or contract.

1.2 Fee Structure by Role Level

Fee percentages vary based on role complexity, seniority, and market conditions:

The specific fee percentage will be agreed upon in writing before recruitment commencement and documented in the engagement agreement or recruitment contract.

1.3 Success Fee Model - No Upfront Costs

Neohired operates on a pure success-fee (contingency) basis for standard recruitment mandates:

• ✅ No registration fees or account setup charges
• ✅ No retainer or upfront payment required
• ✅ No administrative fees or dossier processing charges
• ✅ No search fees if no hire is made
• ✅ Fees are invoiced only upon successful placement when candidate starts employment

Note: For exclusive retained executive search mandates (typically C-level or mission-critical roles), alternative fee structures with upfront retainers may be proposed and negotiated separately.

2.1 Invoicing Trigger

Recruitment fees are invoiced when one of the following events occurs (whichever comes first):

• The candidate's effective start date (first day of employment), OR
• Signature of the employment contract by both parties

2.2 Payment Deadline

• Standard Terms: Payment due within 30 calendar days from invoice date
• Alternative Terms: Other payment schedules may be agreed in writing (e.g., 45 days for large enterprises)
• Currency: All fees quoted and payable in Euros (EUR) unless otherwise specified in contract
• Payment Methods: Bank transfer (preferred), check, or other methods as mutually agreed

2.3 Late Payment and Collection

Overdue invoices are subject to the following consequences:

• Late Payment Interest: Unpaid invoices accrue interest at 1.5% per month (or maximum legal rate, whichever is lower)
• Collection Costs: Client is responsible for all reasonable collection costs, including legal fees and administrative expenses
• Service Suspension: Neohired may suspend ongoing recruitment services for clients with overdue invoices exceeding 15 days
• Legal Action: Persistent non-payment may result in legal proceedings and credit reporting

2.4 Alternative Payment Structures

For clients with specific financial requirements, Neohired may offer flexible payment arrangements:

• Split Payment: 50% upon candidate start date + 50% upon successful completion of probation period (subject to approval)
• Installment Plans: Payment in 2-3 installments over 60-90 days for high-value placements (subject to credit assessment)
• Volume Pricing: Reduced per-placement fees for clients committing to multiple positions within 12 months
• Annual Partnership Rates: Preferential fee structures for exclusive long-term recruitment partnerships

All alternative payment structures require written agreement and approval by Neohired management.

3.1 Guarantee Period and Coverage

Neohired provides a 90-day (3-month) replacement guarantee from the candidate's official start date.

If the employment relationship ends within the 90-day guarantee period for any of the following reasons:

• Candidate resignation or voluntary departure
• Termination by client for performance, conduct, or fit issues
• Mutual separation agreement
• Non-validation of probation/trial period by either party
• Candidate fails to show up or abandons position

3.2 Guarantee Remedy

Upon valid invocation of the replacement guarantee, Neohired will, at its sole discretion:

• Option 1 (Preferred): Relaunch the recruitment search and provide a qualified replacement candidate at no additional recruitment fee
• Option 2: Apply a prorated credit toward a future recruitment service with Neohired

The replacement search will be conducted under the same terms, conditions, and service standards as the original recruitment mandate.

3.3 Exclusions from Guarantee

The replacement guarantee does NOT apply in the following circumstances:

• ❌ Company restructuring, mergers, acquisitions affecting the position
• ❌ Position elimination or business closure
• ❌ Workforce reductions or economic layoffs unrelated to candidate performance
• ❌ Changes to job description, compensation, or working conditions after hire
• ❌ Relocation requirements imposed after candidate acceptance
• ❌ Force majeure events: pandemics, natural disasters, wars, government restrictions
• ❌ Client breach of employment terms: failure to pay agreed salary, provide promised benefits, or honor role responsibilities
• ❌ Manager or team changes resulting in candidate departure
• ❌ Work environment issues beyond candidate control (harassment, discrimination, unsafe conditions)

3.4 Invoking the Guarantee

To invoke the replacement guarantee, clients must:

• Notify Neohired in writing (email accepted) within 5 business days of separation
• Provide relevant documentation: termination letter, resignation notice, or separation agreement
• Explain the reason for separation and circumstances
• Confirm continued interest in hiring a replacement candidate

Failure to notify Neohired within the specified timeframe may void the guarantee.

3.5 Extended Guarantee Options

For clients requiring extended coverage, Neohired may offer:

• 6-Month Guarantee: Available for executive roles (fee premium may apply)
• Probation Period Guarantee: Coverage extended to match client's probation period (if longer than 90 days)

Extended guarantee terms must be negotiated and agreed in writing before placement.

4.1 Timeline Commitments

Neohired commits to the following service delivery standards:

Note: Timelines may vary based on role complexity, market scarcity, salary competitiveness, and client responsiveness. For urgent or hard-to-fill positions, expedited services may be available upon request.

4.2 Recruitment Methodology

Neohired employs a comprehensive, multi-channel recruitment approach:

5.1 Exclusive Recruitment Mandate (Recommended)

Under an exclusive mandate:

• ✅ Client grants Neohired exclusive rights to recruit for the specified position(s)
• ✅ Ensures maximum commitment, resources, and priority attention from our team
• ✅ Typically includes preferential fee rates (2-5% discount on standard rates)
• ✅ Enhanced service levels: dedicated recruiter, faster turnaround, premium candidate pool access
• ✅ Exclusivity period: Typically 60-90 days, renewable by mutual agreement
• ✅ Client agrees not to engage other recruitment agencies or conduct parallel internal/external searches during exclusivity
• ✅ Higher success probability due to focused efforts

Exclusivity terms, duration, and fee structure will be explicitly documented in the recruitment engagement agreement.

5.2 Non-Exclusive Mandate (Contingency)

Under a non-exclusive (contingency) mandate:

• Client may engage multiple recruitment firms simultaneously
• Neohired fee applies only if our candidate is hired
• Client must maintain full transparency about:
  • Other agencies working on the same position
  • Candidates already under consideration from other sources
  • Internal recruitment efforts in parallel
• May result in higher fee rates due to competitive risk and divided client attention
• Client must notify Neohired immediately if position is filled through another source
• Lower priority allocation of resources compared to exclusive mandates

5.3 Retained Executive Search

For C-level, board-level, or mission-critical executive roles, Neohired offers retained search services:

• Upfront Retainer: Typically 33% of total estimated fee paid at engagement
• Milestone Payments: Second payment (33%) at shortlist delivery; final payment (34%) at placement
• Guaranteed Exclusivity: Neohired has exclusive rights for minimum 90 days
• Dedicated Research Team: Senior consultants and research specialists assigned
• Market Mapping: Comprehensive talent landscape analysis and competitor intelligence
• Confidential Search: Discreet handling for sensitive or confidential roles

Retained search terms, deliverables, and payment schedules are negotiated individually based on role scope and complexity.

6.1 Client Confidentiality

• Strict Non-Disclosure: All information shared by the client (business strategy, organizational structure, compensation data, confidential projects, restructuring plans) is treated with utmost confidentiality
• Limited Internal Access: Client information is accessible only to Neohired team members directly involved in the recruitment mandate
• No Third-Party Sharing: Client details are never disclosed to competitors, media, or unauthorized parties
• Confidential Job Postings: Upon request, job descriptions can be anonymized (company name withheld) in public listings

6.2 Blind Recruitment

For sensitive searches or competitive market situations:

• Initial candidate outreach conducted anonymously (company identity not revealed)
• Company details shared only after candidate expresses interest and signs NDA
• Protects client from premature market speculation or competitor intelligence

6.3 Data Protection and GDPR Compliance

• All candidate and client data handled in full compliance with GDPR and applicable data privacy regulations
• Candidate consent obtained for data processing and client sharing
• Data stored securely with industry-standard encryption and access controls
• Client data and candidate profiles used solely for recruitment purposes
• Data retention policies in accordance with legal requirements and best practices
• Right to data access, correction, and deletion upon request

For detailed information, refer to our Privacy Policy.

6.4 Candidate Privacy

• Candidate profiles shared only with approved clients for specific roles
• Candidate current employer information handled with discretion
• Reference checks conducted only with explicit candidate permission
• Feedback and rejection reasons communicated professionally and confidentially

7.1 Client Off-Limits Requests

Clients may designate certain companies or organizations as "off-limits" for candidate sourcing:

• Key competitors where poaching could damage business relationships
• Strategic partners, suppliers, or clients
• Customers or stakeholders with sensitive relationships
• Former employers of hiring managers (to avoid conflicts)

Clients must provide the off-limits list in writing during the initial brief. Neohired will respect these restrictions unless explicitly waived by the client.

7.2 Candidate Ownership and Introduction Rights

12-Month Introduction Rule:

• Candidates presented by Neohired remain "Neohired candidates" for 12 months from date of first introduction
• If client hires a Neohired-presented candidate within 12 months (even for a different role or different department), full placement fee applies
• This prevents circumvention of fees by:
  • Delaying hire until after mandate ends
  • Hiring candidate for different position than originally presented
  • Re-contacting candidate directly after initial rejection
• Client must maintain records of all Neohired-introduced candidates to avoid disputes

7.3 Candidate Already Known to Client

If Neohired presents a candidate who is already known to the client or previously interviewed:

• Client must notify Neohired immediately (within 48 hours of profile receipt)
• Provide documentation of prior contact (date, role, interview records)
• No fee applies if candidate was genuinely known and documented prior to Neohired introduction
• Burden of proof lies with the client to demonstrate prior relationship

To ensure recruitment success and compliance with these terms, clients agree to:

9.1 Multi-Position Volume Pricing

For clients with multiple simultaneous or sequential hiring needs:

• 3-5 positions within 12 months: 5% fee reduction
• 6-10 positions within 12 months: 8% fee reduction
• 10+ positions within 12 months: 10-15% fee reduction (negotiated)

Volume discounts apply retroactively once thresholds are met and are documented in a Master Service Agreement.

9.2 Annual Partnership Agreements

For long-term exclusive recruitment partnerships:

• Preferred Rates: Fixed reduced fee structure for all placements during partnership term
• Dedicated Account Manager: Single point of contact for all recruitment needs
• Priority Service: Fast-track processing and priority candidate allocation
• Strategic Recruitment Planning: Quarterly workforce planning and talent pipeline development
• Market Intelligence: Regular compensation benchmarking and talent market insights

9.3 Employer Branding Support

For partnership clients, Neohired provides value-added services:

• Employer value proposition (EVP) development
• Job description optimization and marketing
• Talent attraction content and employer brand messaging
• LinkedIn and social media recruitment strategy

10.1 Client Termination Rights

Clients may cancel or terminate a recruitment mandate at any time:

• No Fees for Cancellation: No fees apply if search is cancelled before a hire is made
• Written Notice: Termination must be communicated in writing (email accepted)
• Candidate Ownership Survives: Fees still apply if client hires a Neohired-presented candidate within 12 months of introduction, even after mandate termination
• Work Product Retained: Client may keep candidate profiles and search documentation provided prior to termination

10.2 Neohired Termination Rights

Neohired reserves the right to terminate services under the following circumstances:

• Non-Payment: Outstanding invoices overdue by more than 30 days
• Client Non-Cooperation: Repeated failure to respond, provide feedback, or participate in process
• Misrepresentation: Provision of false or misleading information about role, company, or compensation
• Unethical Requests: Requests for discriminatory practices, illegal hiring, or unethical conduct
• Breach of Contract: Violation of confidentiality, circumvention of fees, or other material breaches
• Hostile Environment: Abusive, disrespectful, or unprofessional behavior toward Neohired staff or candidates

10.3 Effect of Termination

• All active recruitment efforts cease upon termination
• Outstanding fees for completed placements remain due and payable
• Confidentiality obligations survive termination indefinitely
• Candidate ownership rights (12-month rule) remain in effect
• Replacement guarantee continues for placements made before termination

11.1 Good Faith Negotiation

In the event of any dispute, claim, or controversy arising from these Commercial Terms or any recruitment engagement, the parties agree to first attempt resolution through good faith negotiation. Senior representatives from both parties will meet (in person or virtually) within 15 days of written dispute notice to seek amicable resolution.

11.2 Mediation

If negotiation fails to resolve the dispute within 30 days, parties agree to attempt mediation with a mutually agreed neutral mediator before pursuing arbitration or litigation. Mediation costs will be shared equally.

11.3 Arbitration and Governing Law

If mediation is unsuccessful, disputes will be resolved through binding arbitration as specified in our General Terms of Service.

These Commercial Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.

12.1 Terms Updates

Neohired may update these Commercial Terms from time to time to reflect changes in our services, pricing, market conditions, or legal requirements. Updated terms will be posted on our website with a new "Last Updated" date.

12.2 Existing Engagements

Changes to these Commercial Terms do not retroactively affect ongoing recruitment mandates. Engagements in progress at the time of update remain governed by the terms in effect at the time of engagement, unless otherwise mutually agreed in writing.

12.3 Custom Agreements Prevail

If a client has a signed Master Service Agreement, Recruitment Agreement, or other custom contract with Neohired, the terms of that specific agreement take precedence over these general Commercial Terms in case of conflict.