Harmonic Group Terms and Conditions – Engagement With Recruitment Agencies

 

INTRODUCTION
Harmonic Group affiliates (each “Harmonic”) have a commitment to sourcing suitable candidates (each a “Candidate”) directly through the Careers section of the Harmonic Group website, http://harmonicfundservices.com/careers/ and as such Harmonic does not accept speculative Curricula Vitae (each a “CV”) from recruitment agencies unless such CV is submitted in relation to a position which is advertised by Harmonic on its website, or on other platforms (such as LinkedIn) or in paper media.

Harmonic does, however, from time to time, work with a panel of recruitment agencies (each an “Agency”) who may be invited to support Harmonic in the recruitment process of new members of staff. It is possible that either (a) an Agency may be retained on an exclusive basis by Harmonic to search for and assist in the recruitment of a suitable Candidate for the position in question (“Position”); or (b) an Agency may submit to Harmonic on an unsolicited basis a CV of a potential Candidate in response to a Position advertised by Harmonic. In the case of receipt of an unsolicited CV, Harmonic policy is only to pay an Agency fee where (i) the Agency has accepted and adhered to the Terms and Conditions below; and (ii) the Agency has been requested to proceed by a member of the Harmonic recruitment team. Harmonic does not pay any Agency fees where an unsolicited CV is submitted to Harmonic unless these Terms and Conditions are accepted and adhered to in full.

IMPORTANT – THESE TERMS AND CONDITIONS SHALL GOVERN
These Terms and Conditions shall govern Harmonic’s relationship with an Agency and shall override any applicable written terms and conditions of the Agency governing the same subject matter as these Terms and Conditions, whether such terms and conditions have previously agreed to by Harmonic in writing or not. The continued interaction by the Agency with Harmonic shall constitute the Agency’s deemed agreement to these Terms and Conditions.

TERMS AND CONDITIONS

  1. An Agency may only submit to Harmonic a CV on an unsolicited basis for a Candidate, provided the CV meets all of the following requirements: (i) the Candidate fits all the requirements of the advertised Position, including expected salary and broad experience. If the salary band for the Position is not stated in the Position specifications the Agency shall contact Harmonic to ascertain the salary band prior to submitting a CV; and (ii) the name of the Candidate and names of previous employer(s) are disclosed. A CV which complies with (i) and (ii) shall be considered an “In-Scope CV”. Any CV received which is not an In-Scope CV shall be considered an “Out-of-Scope CV”.
  2. Any Out-of-Scope CV received will immediately be rejected by Harmonic (with no obligation on Harmonic to notify such rejection to the submitting Agency) and no fee shall be payable by Harmonic to the Agency in respect of any such CV.
  3. It is acknowledged by Harmonic that certain Candidates may be represented by multiple Agencies on a non-exclusive basis. In this scenario Harmonic shall enter into a business relationship with the first Agency which submits to Harmonic an In-Scope CV for such Candidate (the “First Agency”). For the avoidance of doubt, in the event the First Agency submits to Harmonic an Out-of-Scope CV for a Candidate, and subsequently Harmonic receives from a different Agency (the “Second Agency”) an In-Scope CV in respect of the same Candidate, and such Candidate is hired with the assistance of the Second Agency, the First Agency shall not be entitled to any fee whatsoever.
  4. At the same time the Agency submits a CV to Harmonic, the Agency shall notify to Harmonic in writing (i) whether or not the Candidate it is representing is represented on an exclusive or non-exclusive basis; (ii) whether the Agency has submitted to any Harmonic affiliate worldwide a CV in respect of that Candidate at any point in time; and (iii) (if relevant) the name(s) of any other Agency(ies) currently representing that Candidate.

  5. For the avoidance of doubt, no Agency shall be considered to have performed any services to Harmonic (whether the terminology for such services shall be an “introduction” or not) for which the Agency is entitled to be paid fees unless all of the following elements have occurred: (i) the Agency has submitted to Harmonic an In-Scope CV; (ii) the Agency has been requested to proceed by a member of the Harmonic recruitment team (iii) the Agency has facilitated or assisted in the interviewing of the Candidate by Harmonic; (iv) the Agency has provided to Harmonic any references and any other information requested by Harmonic; (v) Harmonic has hired the Candidate; and (vi) the Agency has signed a contract with Harmonic detailing Harmonic’s Recruitment Agency Terms for placement.

ADDITIONAL LEGAL AND REGULATORY DISCLOSURES
For additional legal/regulatory disclosures, please consult: http://harmonicfundservices.com/legal/