APPLICATION AND ACCEPTANCE OF TERMS
These Terms of Service apply to all transactions carried on between TOP People USA, LP and you, in respect of Candidates employed on a Permanent or Contract basis, unless you are advised in writing by a Director of TOP People USA, LP of any variations or modifications. These Terms, along with the terms of any incorporated addendum, shall apply to all such transactions until written notice of cancellation is received from you by TOP People USA, LP. No oral modifications of this Agreement shall be binding.
A replacement guarantee of three (3) months is offered in the event a Candidate is asked to leave due to lack of performance or the appointee leaves of his/her own accord. This guarantee does not cover vacancies arising from organizational restructures, reductions in force, contract to hire or major changes to the requirements of the job. TOP People USA, LP shall have the exclusive right to replace an unsatisfactory Candidate for a period of one month from receiving written notification from you.
REFERENCE CHECKING AND SUITABILITY
TOP People USA, LP will endeavor to make reasonable efforts to ensure that Candidates introduced to you are appropriate given the assignment brief provided by you. However, TOP People USA, LP is not authorized to conduct criminal background checks, education and certification verifications or motor vehicle checks on candidates and is not liable for any subsequent problems that may occur should Client choose not to conduct such checks prior to employment. TOP People USA, LP will not be
liable for any untrue statements or misrepresentations made by the Candidate, for the accuracy or completeness of information provided by a Candidate or a third party or for the competence, abilities or qualifications of a Candidate.
You must obtain or verify the existence of all necessary work permits and satisfy any medical requirements or qualifications that may be required by any State or Commonwealth legislation relating to employees. You are responsible for satisfying that the Candidate is suitable for the position offered prior to engaging the Candidate.
All information in respect of a Candidate is confidential information provided to you for the sole purpose of enabling you to determine the suitability of a Candidate for employment. You will keep such information confidential and will not use it for any other purpose other than the purpose for which it was sent in accordance with the Privacy Act. You will not disclose to any third party the identity of a Candidate identified by TOP People USA, LP to you without the prior written approval of TOP People USA, LP.