CodeStax Technology Partners LLC, doing business as GreenBadgers (“GreenBadgers” or “GreenBadger Jobs”) at websites greenbadgers.com, greenbadgerjobs.com, and affiliated websites.
1. Services to be Provided
The Recruiter (“Provider”; each a “Party” and collectively the “Parties”) agree to the following terms and conditions under which Provider will provide search and placement services to GreenBadgers. “Provider” also includes the officers, directors, employees, affiliates, or sub-consultants of the Provider. This is the entire agreement between the parties and supersedes all prior agreements. It is valid as of February 4, 2020.
Provider may provide contingent recruiting services for GreenBadgers, as GreenBadgers’ business needs dictate. Provider will recruit against general profiles of candidates. As Provider identifies candidates who fit GreenBadgers’ desired profiles, Provider will conduct initial evaluations of interested candidates, present candidates to GreenBadgers via the website, and facilitate interview and offer negotiation processes. Provider retains the right to decline to work on searches.
By registering as a “Recruiter” on the website at https://greenbadgerjobs.com, you are agreeing to be bound by these terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from serving as a Provider.
Additionally, CodeStax Technology Partners LLC may revise these terms at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms.
2. Payment Terms
Primary Placement Fees: Placement fees are set at 8% of the candidate’s first year annualized expected wages (salary exclusive of one-time bonus compensation) when hired by an official GreenBadgers Hiring Firm. Unless otherwise indicated on the Job Listing on the website at GreenBadgerJobs.com.
Indirect Placement Fees: GreenBadgers will pay the Provider for referring another Provider (“Referred Provider”) 1% of any candidate’s first year annualized expected wages (salary exclusive of one-time bonus compensation) for which the Referred Provider has earned a Primary Placement Fee. Unless otherwise indicated on the Job Listing on the website at GreenBadgerJobs.com.
A Recruiter Referral is only recognized if the Referred Provider registers for the GreenBadgerJobs.com site using a referral link generated by the Provider. The Provider can confirm that they have received credit for a Referred Provider by clicking on the “My Referral Network” link, or by sending an email to firstname.lastname@example.org.
Job Specific Placement Fees: From time to time, the Hiring Firm may offer a different placement fee structure. In those cases, the placement fee structure will be described on the specific job posting on this website.
Any payment terms specified within an individual job post on this website will supersede the terms of this agreement.
Payment Terms: GreenBadgers may pay placement fees in accordance with the timeframe below:
GreenBadgers invoices its clients, the Hiring Firm, for fees for a placed candidate in 3 equal installments due 30 / 60 / 90 days after a candidate’s first day of employment. GreenBadgers will pay Provider within 5 business days of receipt of settled funds from the Hiring Firm. In the event that the Hiring Firm defaults on its obligations to pay GreenBadgers; GreenBadgers will not be responsible for paying the Provider’s related invoice. GreenBadgers will take action to compel the Hiring Firm to honor their obligations; if Hiring Firm does subsequently pay their invoices in full, or partially, GreenBadgers will pay the Provider on a pro-rata basis.
Alternative payment schedules are available on a mutually agreeable, case-by-case basis.
Provider provides 90-day prorated warranties on placed candidates. Warranties are applicable only if placement fee payments are made on time by the Hiring Firm, and only in the event that a candidate resigns or is terminated by the Hiring Firm during the warranty period.
Warranties do not apply if a candidate’s termination or resignation is due to an actual or impending layoff, loss of position/funding, acquisition or merger of Hiring Firm that was not known to the candidate at the time of hiring, or substantive change to the role, reporting relationship, compensation, or benefits plan presented to candidate at the time of offer.
4. Candidate Source of Record: GreenBadgers recognizes Relationships, not Resumes.
Provider shall be recognized as the candidate source of record (thereby qualifying Provider for a fee if the candidate is hired) unless personnel from GreenBadgers has been actively engaged with that candidate during the 90-day period prior to the date of Provider’s submission (as evidenced by bi-directional communications with the candidate during that time frame). If the Provider provides the same candidate as another Provider within the same 90-day period the Candidate will decide which Provider is to be the Candidate Source of Record. The Provider with the actual relationship, as determined by the candidate, will be credited as the Candidate Source of Record. This policy is to prevent resume spammers, with no substantive relationship with the candidate from claiming credit to the candidate.
5. Future GreenBadgers Communications with Previously-Submitted Candidates
During the term of this agreement GreenBadgers shall make Provider aware of any future employment discussions that take place with previously-submitted candidates. If requested Provider will then facilitate those discussions and any subsequent interview and offer processes. GreenBadgers will pay Provider a placement fee if such a candidate is hired by a Hiring Firm.
6. Confidentiality of Candidate Submittals
GreenBadgers agrees to keep all Provider submittals of candidates confidential. Additionally, GreenBadgers will not conduct reference checks with a candidate’s current employer without the candidate’s approval.
7. Responsibility for Decision-Making
Hiring Firm assumes sole responsibility for making all hiring decisions, ensuring that a candidate is qualified and capable of performing the job duties for which the candidate is hired, and conducting any background or security checks it deems necessary.
8. Non-Solicitation of Hiring Firm Employees
9. Non-Solicitation of GreenBadgers Clients (eg. Hiring Firms)
The Provider shall not proactively solicit business directly from the Hiring Firms for the term of this agreement and for a 12-month period following the date of last placement fee paid by GreenBadgers to Provider; or for the 12-month period following the termination of this agreement, whichever is greatest. If Provider violates this section GreenBadgers will be entitled to 50% of placement fees awarded by the Hiring Firm; plus any legal or administrative costs incurred.
10. Mutual Limitation of Liability & Indemnification
GreenBadgers agrees, to the fullest extent permitted by law, to indemnify and hold harmless Provider, its officers, directors, employees, and subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Provider’s negligent performance of professional services under this Agreement and for anyone for whom the Provider is legally liable.
The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless, GreenBadgers its officers, directors, employees and
11. Governing Law
The laws of the State of Virginia shall govern this agreement. In the event of a dispute, GreenBadgers agrees, upon Provider’ request, to submit to the jurisdiction of the courts of Fairfax County, Virginia.
12. Binding Effect
This agreement is binding upon the parties, their affiliates, subsidiaries, and parent companies, and their successors and assigns, and is legally enforceable in accordance with its respective terms.
13. Termination and Survival
Either party may terminate this Agreement after providing written notice to the other party. The parties agree that all obligations undertaken herein and all rights, protections, and remedies herein granted shall survive and continue after any termination of the Agreement.