Terms of Use

1 DEFINITIONS

The following expressions stated are listed with meanings:
1.1 “Agent” means [NAME OF AGENCY PROVIDING SERVICE; AGENT]; Globalstaf

1.2 “Client” means anyone who purchases or hires from the Agent;
1.3 “Applicant” means any person hired by the Agent for an Engagement;
1.4 “Engagement” means the involvement of all associations. Applicant by the client, or any third party whom the client has associated, on a permanent or short-term basis under any form of conditions associated;
1.5 “Registration Form” means applicant will administer the expectations to the Client for Engagement, application form, quotation or other written consent prior to starting services;
1.6 “Services” means the agency provides the items listed on the Registration Form;
1.7 “Terms and Conditions” means the agreed conditions of supply of Services as set out in this document and any subsidiary signed form or situation agreed in writing by the Agent;
1.8 “Agreement” means the conditions in which the agency and the Client are binded for the provision of the Services incorporating these terms and conditions;
1.9 “Mediator” is the party nominated to intervene between the Agent and the Client.

2 GENERAL

2.1 These Terms and Conditions, Services, Agreement for the supply of Services by the Agent to the Client and serves as documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent and Client.
2.3 These Terms and Conditions and Registration Form must be signed and returned to the Agent by the Client prior to receiving services.
2.4 Nothing in these Terms and Conditions and Agreement are any condition or warranty, express, or implied, or any legal remedy may be entitled in relation to the Services, by virtue of any status.

3 REGISTRATION FORM

3.1 The Registration Form is attached to the Terms and Conditions.
3.2 The Registration Form shall be signed and effective once.
3.3 The Registration Form must be complete in its entirety.

4 SERVICES

4.1 The Services are as described in the Agreement.
4.2 Any variation to the Service must be confirmed by Globalstaf in writing.
4.3 The Services shall commence as stated in the Registration Form and shall continue until terminated by the Client in no less than a 30-day notice in writing.
4.4 Dates given are estimates only and not a guarantee. Timeframes are used for the essence of the Agreement and or project timeliness; Globalstaf shall not be held liable to any necessary changes, damages, charges or expenses an employee, applicant, and/or contractor accumulates that is caused directly or indirectly to the Client.

5 PRICE AND PAYMENT

5.1 The price of Services is as listed in the individual Registration Form and inclusive of any other charges as outlined.
5.2 If the fee paid related to the services by the Client is rendered by the Applicant who then becomes engaged on a long-term plan of action within 60 days from the date of the agreement, the Client shall pay the difference between the placement fees and retainer fees in status.
5.3 The Terms for payment are all due upon completion of the Registration Form.
5.4 Fees relating to the cancellation policy are specified in the Registration Form.
5.5 The Client must settle all payment prior to 15 days from the invoice date.
5.6 The Client will pay interest on the due amount at a rate of a minimum 10% per annum above the base amount.
5.7 The Agent is entitled to vary the cost if:
5.7.1 any additional Services received by the Client which were not included in the original Registration Form.
5.7.2 any reasonable incurred cost; and any variation must be received in writing.

6 CLIENT OBLIGATIONS

6.2 The Client shall provide full disclosure of the work description and the type of Applicant required and the precise nature of the work the Applicant would be involved in.
6.3 The Client shall notify Globalstaf of any new engagements assigned to the Applicant.
6.4 The Client agrees to pay the Agency the fees as described in the Registration Form on the placement of a requested Applicant.
6.5 If the Client, a member of the Client’s company, acquaintance or associate of the Client, passes on an introduction or persons within six months of the Applicant’s introduction, which results in new Engagement of the Applicant, the Client shall be obligated to report and agrees to pay the appropriate fee in accordance with the fees
described in the Registration Form.
6.6 The Client is responsible for any legal obligations connected with the Engagement of the Applicant written in the notable contract of employment.
6.7 The Client shall provide Globalstaf with a copy of the employment contract between the Applicant and the Client.
6.8 The Client is responsible for keeping a record of Income Tax, National Insurance or other charges from the Applicant.
6.9 The Client is responsible for notifying Globalstaf of any necessary certificates, work permits or other approvals for the Applicants’ placement of employment.

7 AGENCY OBLIGATIONS/Globalstaf

7.1 The Agency shall supply the Services listed on the Registration Form.
7.2 Globalstaf shall perform the Services set forth and perform the skill and care and to a reasonable standard an in accordance to legal practice and statutory obligations.
7.3 Globalstaf will take all responsibility to produce Applicants who are of sound character, honest, and reliable and would take accountability for the conduct of Applicants at any time.
7.4 Globalstaf shall keep a copy of the contract between the Client and the Applicant on file.
7.5 Globalstaf shall obtain references from the Applicant but the Client must take ultimate responsibility as to suitability by obtaining further references and medical information if required.

8 REFUNDS

8.1 If an Applicant engaged in Temporary or Permanent placement by the Client but does not remain in the Client’s employment for 30 days, or has their employment terminated
by the Client within 30 days of the initial date of employment, the Client is eligible to receive any placement fee, if the following conditions are met:
8.1.1 The Client notifies Globalstaf within 24 hours of interruption of the Applicant’s termination;
8.1.2 The Client has paid the full amount of the placement fee;
8.1.3 The Client has not received final requirements for the Applicant as specified in the Registration Form.
8.1.4 The Applicant did not meet the demands placed upon them by the Client;
8.1.5 The Client still intends to use the Agency services for the same or similar services;
8.1.6 The Client has given the Agency a reasonable period to recruit a suitable replacement Applicant for the same requirements as specified in the original agreement.
8.2 If the Client has not met the minimum requirements as shown in Condition 9.1 of these Terms and Conditions they remain responsible for the total amount of the initial placement fee.
8.3 All refunds are subject to a termination fee of $250.00.

9 TERMINATION

9.1 The Agreement shall continue throughout the dates that have been provided in terms of the Registration Form or any suitable update to the agreement legally agreed in writing by both parties or until terminated by either party listed in these Terms and Conditions.
9.2 The Client may terminate the contract with Globalstaf if the Applicant fails to comply with any aspect of these Terms and Conditions.
9.3 Globalstaf may terminate the agreement if the client has failed to make over any payment due within 30 days from the time requested.
9.4 Either party may terminate the agreement in writing to the other if:
9.4.1 in the case of a breach of contracted is remedied, fails to remedy it within a reasonable time of breach of contract from the other party to do so; or
9.4.2 the other party communicates discrepancies with these Terms and Conditions which cannot be remedied; or
9.4.3 the other party ceases continuity in the business or substantially the whole of its business;
9.5 In the event of termination, the client renders to Globalstaf any payment for work done and expenses incurred for the duration.
9.6 Any rights to terminate the contract without prejudice to any other accrued rights and liabilities of the parties involved to get out of the Agreement as the date of termination.

10 MEDIATION

10.1 A party wishing to refer a case to the courts shall advise the other party of this intention in writing at any time during this Agreement. The dispute must then be referred to the Mediator to communication this intention.
10.2 The Mediator shall act impartial in the initiative in ascertaining the facts and the law. The Mediator must inform both parties within twenty eight (28) days of the result or if a longer period is necessary to reach a judgment.
10.3 The decision of the Mediator is final unless and until revised by legal proceedings or agreements.

11 CONFIDENTIALITY AGREEMENT

It is understood and agreed to that the Discloser and the Recipient would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:

11.1 The confidential information to be disclosed by Discloser under this Agreement (”Confidential Information”) can be described as and includes:

Technical and business information relating to Discloser’s proprietary ideas, patentable ideas copyrights and/or trade secrets, existing and/or contemplated products and services, software, research, and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient within thirty (30) days of the disclosure.

11.2 Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with Discloser.
11.3 Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
11.4 This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or (e) is independently developed by Recipient.
11.5 Discloser warrants that he/she has the right to make the disclosures under this Agreement.
11.6 This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.
11.7 Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other party. Discloser may, at its sole discretion, using its own information, offer such products and/or services for sale and modify them or discontinue sale at any time. Furthermore, both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner.
11.8 Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party’s decision to use or rely on any information exchanged under this Agreement.
11.9 If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that Discloser shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.
11.10 This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of _Georgia_, U.S.A. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of _Georgia__, U.S.A.
11.11 If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

WHEREFORE,

the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.