Terms and Use
The following Terms and Conditions apply between Great Generations Life Style Support Options (“Great Generations”) and the Client with respect to the engagement of any Service Provider introduced to the Client by Great Generations. An introduction includes any personal, verbal or electronic introduction of a candidate to the Client or the transmission of the candidate’s resume and/or profile to the Client by Great Generations.
Acceptance of Terms and Conditions
If the Client accepts introductions of providers from Great Generations, Client will be deemed to accept these terms and conditions and agrees that if Client engages a candidate directly or indirectly within one year of the candidate being introduced by Great Generations, regardless of whether said introduction was for permanent or contract placements, or within one year of the termination or cessation of a contract engagement between the Client and Great Generations, the Client shall be bound to pay to Great Generations a placement
Services Provided. Great Generations will recruit, screen and submit candidates for positions in accordance with the specifications provided by Client. Great Generations will present only those candidates believed to be qualified for the position. There is no cost to the Client to begin the placement process with Great Generations. Client will receive up to two screened and vetted qualified candidates for each position Client is seeking to engage. If for any reason neither of those candidates is engaged by Client, Client will be charged a $100.00 fee for the vetting and screening of two additional qualified candidates. The Client is not obligated to accept any candidate submitted by Great Generations.
Placement Fees. The Client agrees to pay a one-time placement fee for any candidate introduced to the Client by Great Generations who is engaged, either directly or indirectly, by the Client within one year of the introduction. The fee is payable whether or not the appointment is for the position for which the candidate was originally introduced. The Client agrees to immediately notify Great Generations when a candidate who was introduced by Great Generations has accepted an offer of employment. The notice shall include the start date, whether the appointment is contract or permanent, and the amount of the remuneration to be paid to the candidate.
Timing of the Placement Fee. The Client will be obligated to pay the one-time placement fee to Great Generations when candidate commences his/her employment with the Client. This fee is payable to Great Generations within thirty (30) days of the commencement of employment.
Calculation of the Placement Fee. The placement fee is calculated by applying the relevant percentage, as detailed in the Company Rate Sheet, to the total remuneration package of the employee. For the purposes of fee calculation, the remuneration package includes base salary.
Services Provided. Great Generations will recruit, screen and submit candidates for contract positions in accordance with the specifications provided by Client on a regular or occasional basis as needed by Client.
Fees for Contract Services. Fees for contracting staff vary depending on their skills and expertise and are described in the Company Rate Sheet. Client agrees that contract providers are agents of Great Generations and all fees for these services are directly payable to Great Generations. Fees for contract service will be billed to Client on a weekly basis. The Client agrees to pay the fees for contract providers directly to Great Generations within 15 days of the receipt of the Great Generations’ invoice. The Client acknowledges the right of Great Generations to dismiss Contract Provider and to furnish a replacement worker reasonably acceptable to the Client.
During the term of contract services provided, the Great Generations service provider will present timesheets to be signed by Client or Client’s Representative on a weekly basis. It is understood that the Client or Client’s Representative signature on timesheet verifies hours worked, appropriate paperwork completed and authorizes Great Generations to bill the Client for total hours on timesheet on a (weekly) basis
For Permanent Provider Hires – We extend a guarantee of sixty (60) calendar days from the placed Provider’s start date. If you are not satisfied with the Provider’s work or the Provider leaves without a cause initiated by you within the first week of service, Great Generations will find a suitable replacement.
For Contract Services – In the unlikely event that you are not satisfied with the Contract Provider’s services, we will use our best efforts to find you a replacement Provider.
Agreement Not to Hire. THE CLIENT may not hire, recruit or attempt to hire or recruit for employment in any related form, for one (1) year subsequent to the last date on which the contract service provider has performed services for the Client. If the CLIENT wishes to hire the Provider at any time within one (1) of the commencement of contract services, the Client shall be obligated to pay Great Generations a placement fee as described in the Company Rate Sheet regardless of whether or not the contract service provider is employed by Great Generations or not.
Use of Materials and Expenses. The Client will provide any materials necessary for the performance and completion of the work and shall be solely responsible for any expenses incurred for the performance and completion of the work unless otherwise specified in writing.
Term. Any agreement for contract work will begin on the date the work is to begin. Either party may terminate this agreement for contract service with or without cause giving 60 Hours notification to the other party.
Services Provided: Great Generations offers specialty lifestyle services such as homecare companion, childcare, housekeeper, home organizer, personal assistant, personal chef, tutor, and dog walker. A Great Generations service expert will work with the client to create an individualized plan of service depending on your needs. Rates and terms will vary and are based on the individual service plan.
GENERAL TERMS FOR ALL SERVICES
Confidentiality. The Client agrees to keep all introductions made by Great Generations confidential. If the Client passes a prospective provider to another individual/employer who subsequently employs the candidate within one year of the initial introduction by Great Generations, then the Client is obligated to pay the placement fee to Great Generations.
Warranties. Great Generations makes no express or implied warranties under these Terms and Conditions including, but not limited to warranties of merchantability and fitness of the provider’s work for a particular purpose.
Right to Enter Agreement. Client represents and covenants to Great Generations that it has full power and authority to enter into this Agreement and that the execution of this Agreement will not breach or constitute a default of any other agreement or contract to which it is a party or by which it is bound.
Non-Payment. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
Non-Solicitation/Non-Circumvent. During the term of any services performed under the Client Agreement and continuing for one year (1) after the completion of such Services, thereafter (the Non-solicitation Period), Client shall not directly or indirectly, individually or on behalf of any person, company or agency, aid or endeavor to solicit or induce any of Company’s Service Providers, employees, whether or not an independent contractor, or any affiliate employees to leave their engagement with the Company or such affiliates in order to accept employment with Client or any other person, corporation, limited liability company, partnership, sole proprietorship or other entity, except for those service providers for whom the Client has paid a placement fee as described in the Company Rate Sheet. In the event Client violates the foregoing provision, Client agrees to pay as liquidated damages, and not as a penalty, the sum of Four Thousand Dollars ($4,000), which amount represents the result of a reasonable endeavor by Company and Client to ascertain the fair compensation for any harm that Company will sustain as the result of such violation.
Use of Vehicles. If Client requires a Service Provider to transport Client to or from any location, Client is required to provide a vehicle for such use. If a Service Provider operates any vehicle (whether said vehicle is owned by the Client or any other person) for purposes of transporting Client, delivering goods or services to or for Client, or for any other purpose requested by Client, Client will indemnify Great Generations to the full extent possible under law and expressly release Great Generations from any and all Liabilities arising from the operation of any such vehicle.
Limitation of Liability. To the fullest extent permitted under applicable law, Client hereby waives any and all claims that Client, or any of Client’s successors or assigns, has now or in the future may have against Great Generations and/or its shareholders, directors, officers, employees, affiliates and assigns, and expressly releases from all liability, discharges and agrees not to sue, Great Generations and/or its shareholders, directors, officers, employees, affiliates and assigns (the “Releasees”) with respect to any and all claims, losses, liabilities, damages, costs or expenses, whether arising in tort, contract, strict liability or otherwise, including without limitation property damage or personal injury that Client may suffer in connection with or as a result of Client’s use of any services provided by the Releasees, due to any cause whatsoever on the part of Releasees, including without limitation: (a) breach of any contract, (b) mistakes or errors in judgment of any kind on the part of Releasees, and (c) any other acts, omissions or events that may occur in connection with or during the course of the performance of the Services.
Client hereby agrees that in no event will any of the Releasees be liable to Client and/or any third party, regardless of the form of action, for any lost profits, lost opportunity, lost economic expectancy or any indirect, special, consequential, incidental, punitive or reliance damages whatsoever.
Client agrees that the aggregate liability of all of the Releasees, taken as a whole, arising out of any kind of legal claim (whether arising from negligence, breach of contract, indemnity, tort, or otherwise) in any way connected to Client’s use of Company’s services will not exceed the amount paid by client for the services in question.
Indemnification. To the fullest extent permitted under applicable law, Client agrees to indemnify and hold harmless Great Generations and its shareholders, directors, officers, employees, affiliates and assigns from and against (i) any and all liabilities, claims, losses, damages, penalties, costs and expenses (including reasonable attorneys’ fees and expenses) on account of any claim, suit, action, arbitration, demand, proceeding or anything of a similar nature made or brought against any Great Generations and its shareholders, directors, officers, employees, affiliates and assigns as a result of the performance of Services or otherwise arising hereunder, other than as a result of the gross negligence or willful misconduct of any Releasee and (ii) any Liabilities incurred by any of the Releasees by reason of any action or omission of Client, Client’s agents, guests and/or invitees. Without limiting the above terms, Client acknowledges that he or she is responsible for the safety and condition of his or her residence, and accordingly the foregoing indemnification applies to all Liabilities that may result from acts, omissions or other events occurring in such residence during the performance of Services, except to the extent caused directly by the gross negligence or willful misconduct of any Releasee.