Terms of Business for Subscription Recruitment Services
1. Applications of these Terms
1.1 All business relating to recruitment services undertaken by Atlas One is transacted subject to these Terms, all of which shall be incorporated in any agreement between Atlas One and the Customer.
1.2 This agreement contains the entire contract between the Parties and unless otherwise agreed in writing by the Parties, this Agreement prevails over any other terms of business or purchase conditions (or similar) put forward by the Customer.
1.3 No variation or alteration to this agreement shall be valid unless the details of such variation are agreed between Atlas One and the Customer, are set out in writing and a copy of the varied terms is given to the Customer stating the date on or after which such varied terms shall apply.
1.4 These Terms supersede all previous terms and conditions of business of Atlas One in respect of the subject matter of these Terms whether written, oral or implied.
1.5 The Customer shall be deemed to have agreed and accepted these Terms upon payment of the first month of subscription.
1.6 Changes to this Agreement can be done in writing to the Parties in the following ways:
1.6.1 Changes, amendments or updates to this agreement are made in writing and confirmation with both Parties.
1.6.2 Email confirmation by both Parties with a reference to this agreement, sent from the addresses specified upon signup are considered as valid changes.
2. Definitions and Interpretation
2.1 Each term starting with a capital letter and not defined elsewhere in these Terms is as defined in the Schedule to these Terms.
2.2 Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.4 Atlas One and the Customer also individually a ”Party” and together the ”Parties”.
3. Atlas One’s Duties
3.1 Atlas One provides its Customers with recruitment services for mutually agreed searches to recruit new employees for the Customer.
3.2 The services consist of the following parts to achieve the goals of sourcing and placing new additional employees for our Customer:
3.2.1 Talent ecosystem research
3.2.2 Outreach to candidates
3.2.3 Candidate screening
3.2.4 Submitting of candidates to hiring managers
3.2.5 Guidance and facilitation of candidates during interview process together with the Customer
3.2.6 Other separately assigned activities related to recruiting new employees for the Customer
3.3 Atlas One will use its reasonable endeavours to introduce suitable candidates to the Customer with due regard to any specifications submitted by the Customer and accepted by Atlas One.
4. The Customer’s Duties
4.1 The Customer shall provide to the Atlas One all information which is reasonably required for Atlas One to provide Services, including but not limited to:
4.1.1 The identity and nature of the Customer’s business
4.1.2 Information on the position which the Customer seeks to fill, including the type of work, location and expected working hours
4.1.3 The notice period that the Candidate is required to give, and entitled to receive, to terminate Engagement with the Customer
4.2 The Customer must notify Atlas One immediately of any offer of Engagement that is made to a Candidate.
4.3 The Customer must notify Atlas One immediately of any candidate’s acceptance to an offer of Engagement.
4.4 The Customer must provide Atlas One with a copy of the job offer and contract given to the Candidate within 7 days of offering the Engagement.
4.5 The Customer must provide Atlas One with reason and proof of the candidate’s contract termination if the Customer wishes to end subscription payments.
4.6 The Customer acknowledges that Atlas One is under no obligation to provide the Services until all required information has been provided by the Customer in accordance with sub-Clause 4.1.
5. Fees and payment
5.1 Atlas One aims to be a trusted and sustainable talent partner for its Customers by aligning the financial incentives with the growth Customer growth, as well as sharing key risks when it comes to making hiring decisions. Atlas One has found success in doing this by changing traditional pricing models used on the recruitment agency market and providing recruitment as a subscription-based service.
5.2 Atlas One charges a subscription fee per each individual search, defined below:
5.2.1 Subscription fee commencement: The monthly subscription begins on the date the first payment is paid and the search for the agreed position(s) commences.
5.2.2 Services provided during search period: No later than 7 business days from commencement of payment, the Customer is provided with access to a candidate tracker which tracks search pipeline performance with metric analysis and prospect responses. If agreed separately, Atlas One provides enhanced profile summaries for interviewed candidates which include audio highlights from screening interviews. Contact is made available to a search team lead who is managing the search.
5.2.3 Duration of subscription: Subscriptions are paid up until 20 months from the date that each subscription begins, unless otherwise agreed by both parties.
5.2.4 Subscription fee amount during search period: 1-2% of the estimated annual gross salary for the candidate as agreed between both parties, paid monthly. Fee is subject to value added tax (VAT) which shall be charged in addition and will be calculated at rate applicable on the date of issuing an invoice.
5.2.5 Subscription fee amount following successful placement: An adjustment is made on the month following the confirmed placement and salary, to rectify and difference in the amount charged when the salary was estimated during the search, and the confirmed salary. All remaining monthly billings are then adjusted to reflect 1-2% of the actual confirmed gross annual salary.
5.2.6 Additional travel expenses: If there are to be accrued additional travel expenses for bringing members of the Atlas One team to a given location for additional search-related meetings, then the Customer will cover reasonable travel expenses for such travel agreed in writing separately and prior to such events.
5.2.7 Role specifications: The search is based on the specification of roles and salaries outlined separately between the Parties. Specifications for any role can be calibrated or adjusted at any time during the search.
6. Termination of subscription
6.1 The Customer grants Atlas One exclusive right to conduct its Services for up to 12 weeks from the initiation of the subscription.
6.2 Following the first 12 weeks, the Agreement is valid on a rolling basis and can be terminated by either party with a 30 day notice period. For clarification, a prorated final invoice will be issued to reflect the remaining unbilled period.
6.3 The subscription for an individual candidate can be ended after the first 12 weeks of the search if any of the following conditions are met:
6.3.1 The Customer decides to end the search for the candidate in question at any given time.
6.3.2 The Customer places a candidate to any of the open positions internally.
6.3.3 The placed candidate (now employee) leaves the company.
6.3.4 The placed candidate’s (now employee) employment agreement is terminated by the Customer.
6.4 If the Customer sources and hires another candidate for the role during the course of the search, the search will be considered as completed by Atlas One and the subscription will be applied to this candidate.
6.5 If the Services of Atlas One lead to the employment of a person other than the position outlined in the original subscription, the same subscription amount will be charged for the new position under the same terms.
6.6 If the Customer hires a candidate sourced and contacted by Atlas One after the search has been put on hold or terminated, the subscription will be reopened to cover the remaining amount due for the search.
6.7 Any notice under this Agreement shall be in writing and sent to the addressee at the last known address by first class post, fax or to a default email address specified for the purpose.
6.8 Notice shall be deemed to have been received, in the case of post on the postal delivery date following the date of posting, in the case of fax on the date of transmission, and in the case of email on the date of acknowledgement of receipt.
7. Confidentiality and data protection
7.1 All information relating to a candidate is confidential and subject to the data protection laws (e.g. GDPR) and is provided solely for the purpose of providing work-finding services to the Customer.
7.2 Such information must not be used for any other purpose nor divulged to any third party and the Customer undertakes to abide by the provisions of the data protection laws in receiving and processing the data at all times.
7.3 In addition, information relating to the Atlas One’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
8.1 Atlas One shall at all times comply with all applicable laws and regulations relevant to relationship with the Customer or a candidate, including but not limited to the data protection laws and agree that no action shall be taken which would cause the Customer to be in breach of responsibilities under any applicable legislation.
8.2 The Customer shall not be liable for any loss, damage, delay or compensation of any kind whether in contract or tort, or for breach of the Agreement, or data protection laws, which may arise out of this Agreement, save to the extent that exclusion of liability is prohibited by law.
8.3 The Customer shall indemnify Atlas One against any losses incurred by the Customer arising out of any non-compliance with the data protection laws, and/or as a result of any breach of this Agreement by the Atlas One.
8.4 It is hereby agreed that the liability terms set out herein are reasonable.
9. Governing law and jurisdiction
9.1 The laws of United States of America govern this agreement and the US courts shall have sole jurisdiction.
10.1 If any of the provisions of this agreement shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
The agreement of the subscription service that the Customer will enter into.
A person Introduced by Atlas One to the Customer to be considered for Engagement
Any person or company to whom a Candidate is introduced.
Any engagement, employment, or use by a Customer of a Candidate for part-time, full-time, temporary or contract work, with or without a contract.
The services provided by Atlas One to the Customer as set out in these Terms and Conditions.
The terms between Atlas One and the Customer as set out on this webpage.