"Candidate" means any individual, corporate body or other legal entity introduced to a Client by the Consultant.
"Client" means any person, firm, partnership, corporate body or other entity and includes any parent, subsidiary or associated company of the Client to whom any Candidate is Introduced.
"Introduction" means receipt by the Client of a CV or any information, whether orally or in writing, sufficient to identify a Candidate, and "Introduce", "Introduces" and "Introduced" shall be construed accordingly.
"Engagement" means engagement, employment or use of the services of a Candidate by the Client or a Third Party to whom or to which the Candidate was Introduced by the Client (whether with or without the Consultant's knowledge or consent) and "Engage" and "Engaged" shall be construed accordingly.
"Remuneration" includes gross base salary or fees payable to the Candidate during the first 12 months of the Engagement.
"Third Party" means any third party to whom the Client provides information concerning a Candidate following an Introduction.
"Commitment Fee" means the one-time fee described in Clause 4A, payable by the Client upon engagement of the Consultant, which secures the Client's standing engagement with the Consultant regardless of the number of subsequent mandates, searches, or placements.
2. Description of Services
This agreement is solely for consultancy services. The Private Standard is a referral company that will find, vet, and introduce suitable candidates to the Client.
The Client will be deemed to have accepted these Terms upon:
The Client's request to receive information about Candidates; or
The Client agreeing to receive a Candidate's details;
The Client communicating to the Consultant its intention to interview a Candidate; the Client's interview with a Candidate whether by telephone, video conference, or in person; or
The Client's Engagement of a Candidate, whichever is earliest.
The Consultant will make reasonable efforts to ensure the suitability of Candidates introduced to the Client, but the final decision on suitability and the decision to engage any Candidate rests solely with the Client.
All placements shall comply with applicable employment laws in the jurisdiction where the Candidate will be employed. The Client warrants compliance with local hiring quotas, work authorisation requirements, and employment regulations in the relevant jurisdiction.
3. Consultancy Fees
Permanent Placements
The consultancy fee for permanent placements is 20% of the Candidate's annual gross Remuneration.
This fee applies regardless of salary amount with no minimum fee threshold.
VAT shall be charged at the rate applicable in the jurisdiction where the Consultant is established or as otherwise required by law.
Fixed-Term or Temporary Placements
Where a Candidate is hired on a limited fixed-term basis, the consultancy fee will be 25% of the total Remuneration due to the Candidate during the fixed term plus applicable VAT at the rate required by law in the relevant jurisdiction.
If the Candidate is hired on a rolling or non-permanent basis, the consultancy fee will be payable monthly at the rate of 25% of the Candidate's monthly Remuneration plus applicable VAT.
4. Invoices and Payment
Issue of Invoice: The full fee will be billed after the Client has informed either in writing or verbally the Consultant that the Candidate has been accepted.
Payment Terms: Full payment of an invoice raised by the Consultant is due within 7 days from the date issued.
Late Payment
If after the 7th day the invoice remains unsatisfied, a late payment fee of 1.5% per month (calculated daily) on the outstanding amount will be applied.
The aggregate late payment fee which has accrued is payable with the consultancy fee and applicable VAT.
The Consultant reserves the right to pursue all legal remedies available under UAE law to recover overdue payments, including but not limited to debt collection proceedings and legal action.
VAT: All fees, charges, and payments specified in these Terms are subject to Value Added Tax (VAT) in accordance with Federal Decree-Law No. (8) of 2017 on Value Added Tax. VAT will be charged at the prevailing rate set by the UAE Federal Tax Authority.
4A. Commitment Fee
Upon the Client's engagement of the Consultant, the Client shall pay a one-time Commitment Fee of USD 500 (plus applicable VAT). This fee is payable once only, regardless of the number of searches, placements, or roles undertaken by the Consultant for the Client thereafter.
The Commitment Fee compensates the Consultant for the time, resources, and administrative costs of initiating and maintaining the Client relationship, and secures the Client's standing engagement with the Consultant.
In consideration of the Commitment Fee, the Consultant will use reasonable efforts to source and introduce a minimum of three (3) Candidates in respect of each mandate raised by the Client, based on the role specification and requirements provided by the Client at the outset. The Consultant does not guarantee that any or all introduced Candidates will be deemed suitable by the Client, and the fulfilment of this clause is satisfied by the introduction of three (3) Candidates matching the Client's stated brief, irrespective of the Client's subsequent assessment of their suitability.
Where, despite reasonable efforts, the Consultant is unable to identify three (3) Candidates matching the Client's stated brief — including where this is due to the specialist, rare, or restrictive nature of the role, or the unavailability of suitable Candidates in the relevant market — the Consultant's obligation under Clause 4A.3 shall be deemed satisfied by the introduction of as many suitable Candidates as reasonably available.
The Commitment Fee is non-refundable under all circumstances, including but not limited to the Client's decision not to proceed with any Candidate introduced, the Client's assessment that introduced Candidates do not meet their requirements, or the Client's withdrawal from any individual search.
The Commitment Fee does not expire and does not require renewal. Once paid, the Client may raise further mandates with the Consultant at any time without payment of a further Commitment Fee.
The Commitment Fee is separate from and additional to the consultancy fees set out in Clause 3, which remain payable in respect of each successful placement.
5. Trial Periods
If the Client wishes to trial a Candidate before offering permanent employment, this trial period must:
Not exceed seven (7) calendar days;
Be confirmed in writing by the Client to the Consultant before commencement; and
Be paid directly to the Candidate on a pro-rata basis calculated on the proposed permanent salary.
Any extension beyond the seven (7) day trial period will automatically be classified as a temporary placement and subject to a fee of 25% of the Candidate's pro-rated Remuneration for the entire duration of engagement, including the initial seven days.
The Client must notify the Consultant in writing within 24 hours of the completion of the trial period regarding their decision to engage or decline the Candidate.
6. Replacement Guarantee
In the event a Candidate ceases employment within three (3) months after joining the Client, the Client shall be entitled to ONE replacement Candidate only, subject to the following conditions:
The Client must notify the Consultant in writing within three (3) business days of the Candidate's departure;
The original invoice must have been paid in full within the payment terms;
The position specifications remain substantially the same;
The Candidate did not leave due to redundancy, reorganisation, change in job description, discrimination, harassment, or misrepresentation of the role; and
The Client has not contributed to the Candidate's departure through unreasonable demands, poor onboarding, or hostile work environment.
The replacement guarantee applies equally whether the Candidate resigns or is terminated by the Client, provided that the conditions in clause 6.1 are met and the termination was not due to:
Performance issues that were reasonably foreseeable based on information provided to the Client prior to engagement;
Misconduct by the Client or its representatives; or
Material changes to the role, working conditions, or remuneration.
The replacement guarantee is void if:
The Client has previously received a replacement Candidate under this guarantee for the same position;
The Client has materially changed the position requirements; or
The Client fails to provide timely notification or payment.
The Consultant will make reasonable efforts to find a suitable replacement within 30 days but cannot guarantee that a suitable replacement will be available.
This replacement guarantee applies only to permanent placements and does not apply to temporary or fixed-term placements.
If the Consultant is unable to identify a suitable replacement Candidate within the replacement period stated in Clause 6.4, the Client shall be entitled to a refund of the placement fee paid, less a non-refundable Recruitment Resource Fee of AED 5,000, which represents administrative, sourcing, screening, and recruitment costs already incurred.
The Recruitment Resource Fee is payable in all circumstances where a replacement search has been initiated and is non-refundable, regardless of whether a replacement Candidate is ultimately placed.
7. Relationship of the Parties
The Consultant is a referral service, not an agent or representative of the Candidate, neither is a Candidate an agent or employee of the Consultant.
The Consultant is not liable for a Candidate's acts and/or omissions, nor for other events beyond its control.
The Client shall indemnify and hold the Consultant harmless from any and all claims arising out of services provided by any Candidate to Client, including without limitation:
Claims for loss, damage, injury, or expense suffered by Client or another person due to the wrongful acts, omission, or negligence of the Candidate; and
Claims made by the Candidate against the Client.
The Client acknowledges that it is solely responsible for:
Verifying the Candidate's qualifications, experience, and right to work;
Performing reference checks and background checks as permitted by law;
Obtaining all necessary visas, work permits, and authorisations; and
Ensuring compliance with all applicable employment and immigration laws.
8. Restriction of Candidates
The Client is restricted from hiring the Candidate directly or indirectly within 18 months of the Introduction made by the Consultant.
The Consultant has the right to issue an invoice to the Client at the rate of 20% of the Candidate's annual Remuneration plus applicable VAT if the Client subsequently hires a Candidate introduced by the Consultant within this 18-month period.
If a Client refers a Candidate to a Third Party who subsequently engages the Candidate within 18 months of the Introduction, the Client shall be liable for the full Consultancy Fee as if the Client had engaged the Candidate directly.
The Client will not unreasonably withhold information requested by the Consultant in connection with the Remuneration of the Candidate.
9. Client Obligations
The Client shall notify the Consultant immediately when a Candidate is chosen and shall not make any private agreement with the Candidate or do any act that is inconsistent with this agreement or may result in avoidance of the Client's obligations herein.
Such private agreements and acts include, without limitation, those by which another person could avoid paying the consultancy fee to the Consultant, such as referral of a Candidate to another person who then hires the Candidate.
The Client shall be liable to the Consultant for all damages resulting from the Client's referral of a Candidate or disclosure of a Candidate's information to any other person.
The Client acknowledges that it is responsible for:
Verifying the Candidate's qualifications, experience, references, and right to work;
Ensuring compliance with all applicable immigration and employment laws;
Obtaining all necessary permits, visas, and authorisations; and
Conducting appropriate background checks as permitted by applicable law in the relevant jurisdiction.
The Client agrees to provide accurate and complete information regarding:
The nature and requirements of the position;
Working conditions, hours, and location;
Remuneration package and benefits; and
Any specific qualifications or experience required.
The Client must promptly notify the Consultant of any material changes to the position requirements, remuneration, or working conditions during the recruitment process.
10. Visa Requirements
The Client is solely responsible for obtaining all work permits, visas, employment authorisations, and compliance certificates required in the jurisdiction where the Candidate will be employed.
As per UAE law, it is mandatory to process the visa for domestic workers by the sponsor.
We recommend that the Client use Tadbeer Domestic Worker Service to arrange the relevant visa, contract, and for any handling of grievances.
Any delays in authorisation processing shall not affect the Client's fee obligations or the Consultant's performance timeline.
For placements in jurisdictions with special economic zones or free trade areas, the Client acknowledges different employment regulations may apply and accepts responsibility for compliance with relevant authority requirements.
11. Confidentiality
The Consultant acknowledges and agrees that all tangible and intangible information, including but not limited to information regarding personnel, compensation, benefit structure, management and organisational structure, corporate structure and processes, revealed, obtained, or developed in the course of or in connection with the performance of its obligations under this Agreement shall be considered as confidential and proprietary information to the Client and shall not be disclosed to any third party.
It shall not be used for any purpose other than to fulfil the requirements of this Agreement.
All information supplied by the Consultant in connection with a Candidate is strictly confidential and to be used solely in connection with the Introduction. The Client agrees that it will not disclose any such information to any Third Party save to its own employees and professional advisers and as may be required by law.
Fee arrangements between the Client and the Consultant are confidential and should not be discussed with any Third Party.
12. Data Protection
Both parties shall comply with all applicable data protection laws and regulations in force in the UAE, including Federal Decree-Law No. 45 of 2021 on Personal Data Protection.
The Client shall not use any personal data of Candidates other than for the purpose of considering them for engagement and shall delete or return all such data if the Candidate is not engaged.
The Consultant warrants that it has obtained all necessary consents from Candidates to share their personal data with the Client for recruitment purposes.
When candidate data crosses international borders, both parties shall ensure compliance with applicable data protection laws in all relevant jurisdictions, including but not limited to GDPR for EU placements, UAE Data Protection Law, and GCC data protection regulations where applicable.
13. Liability Limitation
The Consultant places a reasonable financial limit (cap) on its liability to Clients of 100% of the fees paid by the Client to the Consultant in the 12-month period preceding any claim.
This liability cap represents the maximum aggregate liability of the Consultant in respect of all claims in contract, tort, or otherwise arising out of the performance of these Terms.
The Consultant shall not be liable for any indirect or consequential losses or damages, including but not limited to loss of profits, revenue, goodwill, anticipated savings, or for claims by third parties arising out of the Consultant's performance or failure to perform any of its obligations under these Terms.
Nothing in these Terms will exclude or limit the Consultant's liability for any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury directly caused by the Consultant's negligence.
14. Governing Law and Jurisdiction
This service agreement shall be governed by the applicable law of the UAE.
The courts of Abu Dhabi, UAE shall have exclusive jurisdiction to settle any dispute arising between the Consultant and the Client in connection with the services provided by the Consultant.
15. Term and Termination
This Agreement shall be effective for one (1) year from the date of execution unless earlier terminated by either party as per the terms of this Agreement. After the initial term, this Agreement may be renewed for a further period upon the written agreement of both parties.
Either party may terminate these Terms by giving to the other immediate notice in the event that either the Consultant or the Client goes into liquidation, becomes bankrupt, or enters into an arrangement with creditors or has a receiver or administrator appointed.
The Consultant may terminate these terms with immediate effect if the Client breaches its obligations under these Terms or if the Consultant has reasonable grounds to believe the Client will not pay its invoice within the payment terms agreed.
In such circumstances, the Client must pay all amounts due to the Consultant as at the termination date in accordance with these Terms.
Without prejudice to any rights accrued prior to termination, the obligations within clauses 8, 9, 11, 12, 13, and 14 will remain in force beyond cessation or other termination (howsoever arising) of these Terms.
16. Force Majeure
Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including changes in local employment laws, government regulations, immigration policies, or international sanctions affecting the placement jurisdiction.
The affected party must provide prompt written notice and use reasonable efforts to mitigate the impact.
17. Miscellaneous
If any provision of these Terms is held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such provision or part will be deemed not to form part of these Terms but the enforceability of the remainder of these Terms will not be affected.
Any notice required to be given under these Terms (including the delivery of any information or invoice) will be delivered by hand, sent by email, or prepaid first class post to the recipient at its address (or as otherwise notified from time to time to the sender by the recipient for the purposes of these Terms).
These Terms prevail over any other terms of business or purchase conditions put forward by the Client save where expressly agreed otherwise by the Consultant.
These Terms supersede all previous agreements between the parties in relation to the subject matter hereof.