Employer Terms & Conditions

Effective Date: [Insert Date]

These Employer Terms & Conditions (“Agreement”) govern the recruiting, sourcing, referral, placement, and related services provided by Ferrer & Co. (“Company,” “we,” “our,” or “us”) to the client employer (“Client,” “you,” or “your”). By engaging the Company’s services, requesting candidates, interviewing candidates, or hiring candidates introduced by the Company, the Client agrees to the following terms.

1. Recruiting Services

The Company provides recruiting and candidate sourcing services for construction and related industries.

Services may include:

  • Candidate sourcing;

  • Resume and qualification review;

  • Candidate outreach;

  • Interview coordination;

  • Reference coordination;

  • Recruiting consultation;

  • Screening coordination;

  • Hiring support.

The Company does not guarantee hiring outcomes, candidate performance, workforce availability, project success, or continued employment.

2. Independent Contractor Relationship

The Company operates as an independent recruiting service provider.

Nothing in this Agreement shall be construed to create:

  • An employer-employee relationship;

  • A partnership;

  • A joint venture;

  • An agency relationship.

Candidates introduced by the Company remain solely under the Client’s supervision, direction, and control upon hire.

3. Client Responsibilities

The Client agrees to:

  • Provide accurate information regarding positions, compensation, schedules, project requirements, and working conditions;

  • Maintain lawful hiring and employment practices;

  • Independently evaluate all candidates;

  • Comply with all applicable federal, state, and local employment laws;

  • Promptly notify the Company regarding candidate hiring decisions.

The Client is solely responsible for:

  • Hiring decisions;

  • Compensation;

  • Payroll;

  • Benefits;

  • Jobsite safety;

  • Training;

  • Employment eligibility verification;

  • Employment classification;

  • Workplace policies;

  • Employment termination decisions.

4. Candidate Ownership & Backdoor Hiring

Candidates introduced by the Company shall remain the property of the Company for a period of twelve (12) months from the date of introduction.

A candidate is considered introduced when the Company provides any identifying candidate information to the Client, including but not limited to:

  • Resumes;

  • Candidate names;

  • Phone numbers;

  • Email addresses;

  • Interview coordination;

  • Employment discussions.

The Client agrees not to directly or indirectly circumvent the Company’s recruiting services.

If the Client hires, contracts with, employs, engages, or refers an introduced candidate within twelve (12) months of introduction, whether directly or through a third party, the Client shall remain responsible for the applicable recruiting fee.

This provision applies regardless of:

  • Whether the candidate was hired for the originally discussed role;

  • Whether the candidate was hired through an affiliate, subcontractor, related entity, or third party;

  • Whether the candidate was initially rejected or delayed.

The Client agrees not to share candidate information with third parties for hiring purposes without the Company’s prior written consent.

5. Recruiting Fees

Recruiting fees shall be agreed upon separately in writing.

Unless otherwise stated in writing:

  • Fees are earned upon candidate acceptance of employment or engagement;

  • Invoices are due within fourteen (14) calendar days;

  • Late payments may accrue interest at the maximum rate permitted by law;

  • The Client shall remain responsible for all collection costs, attorneys’ fees, and enforcement expenses incurred by the Company.

6. Replacement Guarantee

Unless otherwise agreed in writing, the Company offers a one-time replacement guarantee subject to the following conditions:

  • The guarantee applies only if the placed candidate voluntarily resigns or is terminated for performance-related reasons within sixty (60) calendar days of employment start date;

  • The Client must notify the Company in writing within seven (7) calendar days of the separation;

  • The Company will conduct one replacement search for the same position at no additional recruiting fee.

The replacement guarantee does not apply in cases involving:

  • Layoffs;

  • Workforce reductions;

  • Project cancellations or delays;

  • Unsafe work environments;

  • Changes in compensation, schedule, location, or job duties after hire;

  • Failure to timely pay wages;

  • Company restructuring;

  • Misconduct by the Client;

  • Candidate resignation due to material workplace changes.

The replacement search:

  • Is provided as the sole remedy under this guarantee;

  • Does not include refunds, credits, or cash reimbursement;

  • Is subject to market availability and recruiting conditions;

  • Does not carry an additional replacement guarantee.

The Company does not guarantee the timing or outcome of any replacement search.

7. Screening & Background Checks

The Client is solely responsible for all employment-related screening decisions.

The Company may coordinate or facilitate screenings through independent third-party providers, including:

  • Background checks;

  • Drug testing;

  • Motor vehicle record checks;

  • License verification;

  • Employment verification;

  • Certification verification.

However:

  • Screening vendors operate independently from the Company;

  • The Company does not perform, interpret, certify, or guarantee screening results;

  • The Client is responsible for obtaining legally required authorizations, disclosures, and consents where applicable;

  • The Client is responsible for compliance with all Fair Credit Reporting Act (“FCRA”), California Consumer Privacy Act (“CCPA”), and applicable employment laws.

Unless otherwise agreed in writing, all screening-related costs shall be the responsibility of the Client.

8. No Warranty Regarding Candidates

The Company makes no guarantees regarding:

  • Candidate performance;

  • Attendance;

  • Reliability;

  • Productivity;

  • Skill level;

  • Licensing status;

  • Safety practices;

  • Continued employment;

  • Fitness for a particular purpose;

  • Candidate conduct before, during, or after employment.

The Client is solely responsible for independently evaluating candidates before hire.

All hiring, supervision, retention, disciplinary, and employment decisions are made solely at the Client’s direction and discretion.

The Company does not control or supervise candidates once employed or engaged by the Client.

To the fullest extent permitted by law, the Company shall not be responsible or liable for:

  • Actions, omissions, negligence, misconduct, violence, theft, harassment, discrimination, safety violations, workplace incidents, criminal conduct, or other behavior of any candidate or employee;

  • Injuries, damages, losses, claims, liabilities, delays, or disputes arising from a candidate’s employment or conduct;

  • The Client’s hiring decisions, supervision practices, workplace conditions, or employment actions.

The Client assumes full responsibility for all employment-related decisions and risks associated with hiring any candidate introduced by the Company.

9. Electronic Communications, Data Storage & SMS Consent

By engaging the Company’s services or providing contact information to the Company, the Client expressly consents to receive communications from the Company through:

  • Phone calls;

  • Text messages (SMS);

  • Email;

  • Electronic forms;

  • Automated scheduling or communication systems;

  • Other digital communication platforms.

Communications may include:

  • Candidate updates;

  • Interview coordination;

  • Recruiting discussions;

  • Hiring status updates;

  • Scheduling notifications;

  • Invoice communications;

  • Service-related updates.

Message frequency may vary.

Standard message and data rates may apply depending on the Client’s wireless carrier and service plan.

Consent to receive SMS communications is not a condition of purchase.

Clients may opt out of SMS communications at any time by replying “STOP” or by contacting the Company directly.

The Client acknowledges and agrees that:

  • The Company may collect, process, organize, store, and maintain information electronically for legitimate business purposes;

  • Information may be submitted and maintained through third-party platforms, software providers, cloud-based systems, applicant tracking systems, spreadsheets, forms, communication platforms, CRM systems, scheduling systems, and recruiting software;

  • The Company may use third-party service providers including but not limited to form software, cloud storage providers, communication platforms, scheduling tools, spreadsheet software, and recruiting management systems;

  • Electronic storage and transmission involve inherent security risks;

  • The Company cannot guarantee absolute security of electronically stored information.

The Client consents to the Company’s reasonable use, storage, and processing of information necessary to provide recruiting services.

The Company will use commercially reasonable efforts to maintain professional handling of business information.

10. Confidentiality

Candidate information provided by the Company is confidential and intended solely for the Client’s internal hiring purposes.

The Client agrees not to:

  • Distribute candidate information to third parties;

  • Use candidate information for unrelated business purposes;

  • Contact candidates outside the recruiting process to avoid fees.

Confidentiality obligations survive termination of this Agreement.

11. Equal Opportunity & Legal Compliance

The Client agrees to comply with all applicable employment laws, including but not limited to:

  • Equal employment opportunity laws;

  • Wage and hour laws;

  • Workplace safety regulations;

  • Anti-discrimination laws;

  • Harassment prevention laws;

  • Employment eligibility verification requirements.

The Company reserves the right to discontinue services if the Client engages in unlawful, discriminatory, unsafe, or unethical conduct.

12. Limitation of Liability

To the fullest extent permitted by California law, the Company shall not be liable for any:

  • Indirect damages;

  • Consequential damages;

  • Lost profits;

  • Project delays;

  • Workplace incidents;

  • Employment disputes;

  • Productivity losses;

  • Safety incidents;

  • Hiring-related claims.

The Company’s total liability arising out of or related to this Agreement shall not exceed the total recruiting fees actually paid to the Company for the specific placement giving rise to the claim.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless the Company from and against any claims, damages, liabilities, penalties, costs, or expenses arising out of or relating to:

  • Employment decisions;

  • Workplace injuries;

  • Wage and hour disputes;

  • Harassment or discrimination claims;

  • Employment law violations;

  • Jobsite incidents;

  • Client misconduct;

  • Improper screening procedures;

  • Actions or omissions of the Client.

14. Arbitration Agreement

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in the State of California under the rules of the American Arbitration Association.

The parties waive any right to participate in class actions or class arbitration.

Either party may seek temporary injunctive relief in a court of competent jurisdiction where necessary.

15. Governing Law

This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles.

16. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

17. Waiver

Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of future enforcement.

18. Electronic Acceptance

Electronic signatures, acceptance checkboxes, email confirmations, and other electronic actions may constitute acceptance of this Agreement where permitted by law.

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding recruiting services and supersedes prior discussions or understandings.

20. Modifications

The Company reserves the right to modify these Terms & Conditions at any time.

Updated versions become effective upon posting or written delivery.

21. Contact Information

[Company Name] [Email Address] [Phone Number] [Website URL]