Contract ¹ _____
Donetsk «____»_____________________2008
«BTM Staff» Ltd, represented by Mr. Lavrenenko Igor Viktorovich , General Director, acting pursuant to the basis of the Charter hereinafter referred to as the «Service Provider» on the one hand, and the «Client»______________________________________________________________________________ , represented by________________________________________ acting pursuant to the basis of ________________entered into the present Contract as follows:
Subject of the Contract
1.1. The Client orders and pays and the Service Provider shall provide to the Client of staff recruiting service for present vacancies, herein after referred to as Specialists, according to the requirements made by the Client in Application form(s), which is inseparable part of the Contract as Supplement.
Obligations Parties
2.1. The Service Provider Obligations:
2.1.1. To render service, stipulated by the present Application Form.
2.1.2. To prepare and present the Client information (resumes, recommendations) about chosen Specialists.
2.1.3. To provide personal interview of the Client with chosen Specialist and take part in it if necessary. .
2.1.4. To provide free of charge one-time replacement of the Specialist in case he resigns within the warranty term, mentioned in the Application Form. The Client shall provide The Service Provider with written notification where the date and number of the order of the Specialist’s dismissal should be mentioned within 3 (three) working days, since the day of the Specialist’s dismissal (except for the case when dismissal results in changes of working conditions made by the Client in contrary to those mentioned in the Application Form):
à) on the Client’s initiative as not being successful while trial period,
á) on the Specialist’s voluntary termination.
2.2. The Client Obligations:
2.2.1. To present to the Service Provider the Application Form (and) with job description of the position and qualification requirements.
2.2.2. To ensure if necessary the Client’s possibility to follow the Service Provider operating process within the Contract.
2.2.3. The Client shall inform the Service Provider their opinion about the Specialist
within 3 (three) working days from the moment of resume reception and appoint the time of the interview with the Specialist. The Client shall make the choice and having taken a positive or negative decision on each Specialist provided by the Service Provider informs the Service Provider about the decision within 3 (three) working days term since the interview.
2.2.4. In case of refusal to hire all of the provided candidates the Service Provider has the right to demand explanation of reasons of such refusal in written form.
2.2.5. The Client shall sign the Act about the rendered services within 5 (five) days from the date when the Specialist started to work. In case the Client shall not sign the Act about the rendered services or shall not provide written refusal the Act shall be considered to be accepted and the service fullfiled. In case the Specialist’s start to work with or without signing labour contract the Client shall inform the date of the Specialist’s starting to work orally or in written form. The moment the Specialist, chosen by the Service Provider starts fulfilling any jobs or services for the Client is considered to be employment of the Specialist by the Client. In case the Client does not fulfill the obligations on the items 2.2.6 and 3.1 of the Contract the Service Provider is released from obligations. mentioned in the items 2.1.1 and 2.1.4 of the Contract.
2.2.6. To pay the Service Provider for the service provided for recruitment or the Specialist on the vacancy mentioned in the Application Form in or another vacancy, or to any other organization cooperating with the Client in accordance to item 3.1 of the Contract.
2.2.7. The Sides are obliged to consider all the information about the Sides which is used to fulfill the Contract to be confidential.(concerning the clients, partners, business plans).
3. Order and Form Of Payment
3.1. Payment for recruiting of each Specialist shall be provided within 5 (five) banking days since the Specialist started to work. The cost of Specialist recruitment is mentioned in the Application Form(s) which is the Supplement to the Contract.
3.2. The Client shall pay fixed sum of money in national currency of Ukraine (UAH) for each vacancy on the Contract in compliance to the Application Form.
3.3. In case the Client denied hiring one or several candidates, presented by the Service Provider the Client cannot offer any kind of work to these candidates any more without the Service Provider’s written permission. In case the abovementioned Specialists being employed by the Client payment is provided in compliance with the requirements to the Specialist of such a kind according to the item in the Application Form.
3.4. In case the Client employ the candidate provided by the Service Provider in compliance to the Contract and provide him with the job not mentioned in the Contract or recommend the Candidate to another organization or legal or physical person which result in the Candidate’s employment payment is provided in compliance with the requirements to the Specialist of such a kind according to the item in the Application Form.
3.5. In case several Specialists mentioned in Application form(s) are employed the payment is provided for each Specialist within the terms they start to work.
The Sides Responsibility
4.1. In case payment is not provided on time the Client shall pay to the Service Provider fine at the rate of 0, 1% from the sum of payment per every day of delay till the obligations are fulfilled or the decision is taken by the relevant arbitrage.
4.2. Obligations of Sides which are not mentioned in the Contract shall be observed in compliance with Ukrainian legislation.
4.3. The Service Provider shall not take any responsibility for illegal actions performed by the Client or the Specialist against each other.
4.4. The sides inform each other in written form about any changes in their legal and mailing addresses, bank details and telephone numbers not later than within 7 (seven) working days after such changes have taken place.
4. Settlements of Disputes
5.1. All disputes and disagreements arising in connection with the Contract should be solved by negotiations between the Sides. In case the Sides do not come to agreement the case goes to Donetsk arbitrage in compliance with Ukrainian legislation.
5. Duration Changes and Termination
6.1. The contract is valid since the moment it is signed by the Sides and by the time it is terminated on the initiative of any of the Sides.
6.2. All the changes and supplements to the Contract are valid only if made in writing and signed by both Sides.
6.3. The Contract is executed in two counterparts having an identical validity.
6.4. The sides consider all the documents bearing the seal sent by fax to be valid if the originals are sent to the other part within fourteen days since the facsimile copies were sent.
7.Legal Addresses and Bank Details
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The Service Provider: Limited liability partnership «BTM Staff»____________________ ____ Legal Address: __ 40/27_Dagestanskaya Street, Donetsk, 83020___ OKPO: 35887320______________ ________ Bank account _26004060144601 MFO 335496 _ ______________________ Tel.: 8/062/387-24-45_____________________
CEO ____________________/I.V. Lavrenenko/
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The Client: _____________________________ ___________ Legal Address:___________ __________ ________________________ ________________ OKPO:_______________________________ Bank account ___________________________ MFO___________________________________ Tel:____________________________________
_______________________/_____________/
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