Certain Terms Applicable to Staffing Services
The following terms apply when a Customer engages Managed by Q LLC (Managed by Q) or one of its third party vendors specifically for a staffing service.
Permanent placement fees
If the Customer hires a candidate from Managed by Q or one of its third party vendors as a permanent placement (the second bullet under Section 3.2.4 of the Terms), the fee owed will equal 20% of that employee’s starting annual salary. Provided that the foregoing fee is paid within 30 calendar days following the date of hire, if employment terminates for any reason other than death, disability, reduction of workforce or a significant change in scope of responsibilities or title within the first 90 calendar days of hire, Managed by Q or the applicable third party vendor will either replace the candidate (but only once) at no additional cost, or refund a pro rata portion of the placement fee calculated by subtracting the number of calendar days since the start date from 90 and dividing the result by 90.
In the event that Customer hires an assigned employee who is on a temporary assignment from Managed by Q or one of its third party vendors (the first bullet under Section 3.2.4 of the Terms), the fee owed will amount to a percentage of that employee’s first year annual salary, which percentage will decrease on a sliding scale based on the number of billed hours worked by the applicable individual for the Customer prior to the date of hire. Unless agreed upon otherwise in writing (or electronically) between Managed by Q or the applicable third party vendor and Customer through the Managed by Q platform, the sliding scale will apply as follows:
up to 200 billed hours: 20% of starting annual salary;
201 to 400 billed hours: 15% of starting annual salary;
401 to 600 billed hours: 10% of starting annual salary;
601 to 800 billed hours: 5% of starting annual salary; and
801+ billed hours: no fee.
Temporary assignment fees
The hourly bill rate for temporary assignments shall be agreed upon in writing (or electronically) between Managed by Q or the applicable third party vendor and Customer through the Managed by Q dashboard, taking into account any and all applicable federal, state and/or local laws and regulations relating to the same;
For temporary assignments, any hours worked by the assigned employees that exceed 40 hours in a week (or 8 hours in a day, if that threshold is the appropriate threshold before overtime applies under applicable law) shall be charged at 1.5 times the agreed upon hourly bill rate; and
In addition to the foregoing fees, Customer shall reimburse Managed by Q or the applicable third party vendor for all costs incurred in connection with any incremental background and/or drug tests Managed by Q or such third party vendor is required to perform over and above any standard tests Managed by Q or such third party vendor performs of its own accord.
No payroll transfer
Customer agrees not to directly or indirectly cause or permit any individual who had been temporarily assigned to it by Managed by Q or any of its third party vendors (per the first bullet under Section 3.2.4 of the Terms) to perform services for Customer under Customer's own or any other entity's payroll for a period of 1 year after the temporary assignment of the applicable individual to Customer had ended, without paying the application fee; and
If Customer receives a resume for an open position through Managed by Q or any of its third party vendors, and such Customer submits or otherwise forwards the same resume to another potential employer (“Third-Party Employer”), a permanent placement fee (as described above) is owed to Managed by Q by such Customer if the applicable candidate is interviewed within 1 year following Third-Party Employer’s receipt of the resume and is subsequently hired by that Third-Party Employer or any of its affiliates.
Amendments to fees
Any amendment to the fee structure detailed above shall be valid only if agreed upon by Managed by Q or the applicable third party vendor and Customer in writing (or electronically) through the Managed by Q platform.
Certain Restrictions re: Temporary Assignments
Customer may not request or require any temporary personnel assigned to it by Managed by Q or one of its third party vendors to attend unpaid events, engage in any illegal activities or undertake any assignments that would reasonably be expected to put the applicable individual in “harm’s way”, such as working in vehicular traffic or operating heavy machinery. If the scope or location of any temporary individual’s work for Customer is modified, Customer shall promptly so inform Managed by Q or the applicable third party vendor.