Agreement BCSS XYZ May2008

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Transcript of Agreement BCSS XYZ May2008

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    Memorandum of understanding betweenCSSI & XYZ Ltd

    THIS AGREEMENT is made and executed on this the 8 th day of August 2008 by andbetween Brunos Computer Solutions & Software Pvt. Ltd, a company with its office at 201Srishti Towers, Arunodaya Colony, Hitec City Road, Madhapur, Hyderabad (BCSS),represented by Ms. Bhagya Lakshmi Munagala, hereafter referred as Client and XYZ Ltd,13, Madhapur, Hyderabad 500 081 represented by Mr. Anand Yadav, General Manager-Finance hereinafter called as the service provider

    Wherein a recruiting assignment is given by the client to the service provider, to find suitablecandidates to fill one or more positions within the Clients company. The service providerhas accepted the search assignment (referred to as Services) and will commence thesearch immediately thereafter, in reliance upon the clients agreement with terms andconditions set forth below:

    1. Professional Fees Compensation.Our service charges will be equivalent to 10% of the total cost to the company per annumoffered to the candidates plus service tax as applicable for candidates till Project leadposition and from Project Manager onwards the service charges will be 12% of the CTCoffered to the candidate.

    Service charge will be payable by account payee cheque within 15 days from the date of thecandidate joining the client company.

    In case the candidates leave within three months from joining, service provider would beproviding free suitable replacement. This will not apply for employee terminated undernormal cause by the company.

    2. Confidentiality:The client acknowledges and agrees that the identity of any candidate and all documentssent to the client by the service provider concerning any candidate, including but not limitedto, any resumes, interview referral forms, correspondence, or other documents areconfidential trade secrets and shall not be disclosed to any third party without the expresswritten consent of either parties. The client further agrees not to contact the currentemployer of any candidate referred by the service provider to the client until such candidatehas accepted an employment offer from the client or on prior consent from the candidaterouted through the services provider.

    3. Non solicitationThe service provider shall agree not to indulge directly or indirectly in sourcing BCSS or itsgroup company employees for any other organizations requirements.

    4. Hiring Decisions and Accountability:The Client acknowledges and agrees that the service provider shall only source, shortlist,and provide the client with candidates to fill client vacancies. Hence, the client is solelyresponsible and accountable for its hiring decisions. The service provider makes nowarranty, expressed or implied with respect to the services provided, or the suitability for theclient's purposes of any persons recruited or considered for recruitment by the client or the

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    authenticity of any information provided by such persons to the Client, whether throughservice provider or otherwise.

    5. Duplication:Since the client is actively pursuing through various sources such as advertisements,

    portals, other service providers etc to get the candidates, in case of any duplication of CVsagainst which the selection process if any happens, such sourcing will be intimated to theservice provider immediately and the same cannot be counted for the billing.

    6. Entire Agreement:This Agreement constitutes the sole and only agreement of the parties and supersedes anyprior understandings, written or oral agreements between the parties respecting the subjectmatter. This Agreement shall be binding on and endure to the benefit of the parties to it,and their respective heirs, executors, administrators, legal representatives, successors andassigns.

    7. Governing Law of the Agreement.The validity of this Agreement and any of its terms or provisions, as well as the rights andduties of the parties, shall be governed by the laws of the State of Andhra Pradesh subjectto Hyderabad jurisdiction.

    8. Validity and Termination of the Agreement.This contract is valid for a period of one year from the date of signing.The Agreement may be terminated by either party by providing 30 days prior written notice.The Client shall still be liable to pay the dues if any, against the candidates offered duringthe contract period as per the clause 1 above.

    9. Others:The client shall communicate the service provider about the candidate joining theorganization and compensation offered.Sourcing the candidates is the responsibility of the service provider. Client is notresponsible for reimbursement of any expenses incurred for sourcing the candidates.

    I have read and understood the above terms and conditions

    By: _____________________________ By: _____________________________

    Mr. G. Anand Yadav Ms. Bhagya Lakshmi MunagalaDesignation: General Manager Finance Designation: Director TechnologyOperationsXYZ Ltd. Brunos Computer Solutions & Software Pvt. Ltd

    Date:Place:

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