TERMS AND CONDITIONS OF BUSINESS - RECRUITMENT SERVICES

1.Introduction

 

1.1 Agensi Pekerjaan TRIIIO Vertex Sdn. Bhd. ("TRIIIO" or “Agency”)  is a recruitment services provided carrying on business under the name of “TRIIIO”. 

 

1.2  These Terms and Conditions govern the basis on which we provide the Services to you. They override any other terms and conditions stipulated or incorporated by you in your instructions or any negotiations unless otherwise expressly agreed by us in a separate Engagement Document. You agree that you shall have no remedies in respect of any statement, representation, assurance, guarantee or warranty in relation to the Services that is not set out expressly in these Terms and Conditions or the Engagement Document. These Terms and Conditions apply to all work provided by us to you in relation to the Services, including any work undertaken before the commencement or deemed commencement of our agreement in accordance with the Engagement Document. Your continued instruction of us constitutes acceptance of these terms save to the extent otherwise expressly agreed in any separate Engagement Document.

 

1.3 We reserve the right to vary these Terms and Conditions from time to time, including during the course of the provision of Services, without your prior consent. These Terms and Conditions and any future variations will be published on www. www.trii.io by way of public notice to all current and prospective clients. You will be bound by any revision of the Terms and Conditions upon such publication. A current copy of these Terms and Conditions will also be made available for inspection at our office in Kuala Lumpur during normal business hours.

 

2. Definitions and Interpretations

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2.1 In these Terms and Conditions (unless the context otherwise requires) the following words and expressions shall have the following meanings:

 

"TRIIIO" refers to Agensi Pekerjaan TRIIIO Vertex Sdn. Bhd;

 

"Candidate" shall mean any applicant for a Position with the Client.

 

"Client" is the entity or the entity’s affiliate receiving the Candidate.

 

“Engagement Document” means a letter of engagement addressed to you, or any email or emails or documents detailing the scope of work and/or the proposed fees for work we propose to undertake for you and any relevant responses or documents which relate to it or them (Initial Engagement Documents) and any amendments, variations or restatements of the Initial Engagement Documents.

 

“Introduction”, “Introduced” shall all mean the submission of the Candidate’s particulars to the Client including his  or her name or any other information to identify the Candidate, including:

 

(a) at or on during the Client’s interview of a Candidate in person or by telephone, following the Client’s instruction to us to search for a Candidate; or 

 

(b) the passing to the Client of a curriculum vitae or any other information which identifies the Candidate; and which leads to Sign On of that Candidate, 

 

and you acknowledge that an Introduction shall be shall be deemed to have taken place notwithstanding that the Candidate may eventually be engaged by the Client for a Position other than that in the contemplation of the parties at the time of Introduction;

 

“Position” shall mean the role for which the Candidate is being Introduced to the Client based on the Requirements set out by the Client to the Agent;

 

“Services” means the provision of recruitment services or any other services which we may agree to render to you in writing between us in the Engagement Document;

 

“Sign On” or “Signing On” shall mean that a Candidate, Introduced to you:

 

(a) is hired, directly or indirectly, for any Position, as an employee or independent contractor, by Client, its affiliates, parents, or subsidiaries, or execution of an employment or business agreement between the Client and the Candidate irrespective of its conditions;

 

(b) is referred by you to another employer or recruiting company and the Candidate is hired, directly or indirectly, for any Position, as an employee or independent contractor, by such employer or through such recruiting firm.

 

“Guarantee period” is the period for which we provide you a guarantee for the Candidate subject to these Terms and Conditions. The Guarantee period is usually provided in 3 full months or can be in any length as we may agree between us in writing.

 

2.2 Unless the context requires otherwise, references to the singular include the plural.

 

2.3 The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretations.

 

3. Rights and Obligations

 

3.1 We will use our best endeavors to locate a suitable Candidate/s and present this Candidate/s to you. We will use our skill, experience in recruitment and human resources (HR) as well as industry knowledge to locate, screen, interview and test Candidates. We may undertake searches for Candidates directly or may outsource this role to third- parties or networks.

 

3.2 You agree to inform us within [3] working days if we Introduced a Candidate that you have interviewed from a different source within the last [12] months before the said Introduction. You acknowledge that we are entitled to request for proof of such claim to our satisfaction, failing which, we are entitled for the full fee as stated in the Engagement Document if the Candidate accepts the offer and commence any legal relationship (as an employee or independent contractor) with you.

 

3.3 You shall inform us (in writing or by e-mail) about Signing On a Candidate presented by us for any Position. You are obliged to comply with this obligation within a period of [14] working days from the date of Signing On a Candidate. You shall provide us with the information about the legal form of cooperation with the Candidate and about his/her salary. This obligation lasts [24] months from the moment the Candidate is Presented to the Client. [In case of breach of this obligation the we shall be entitled to a contractual penalty in the amount of RM[10,000.00] for each violation.]

 

4. Requirements for the Candidate

 

4.1 In order to enable us to locate suitable Candidates you will promptly provide (in writing or by e-mail) the following information to us, including:

 

(a) an executive summary of the Client including its areas of operation, samples of their work etc;

 

(b) a detailed description of the Position including: The legal form of intended cooperation (employee or independent contractor), salary, benefits, place of work, main tasks of the role, monthly volume of performance and any other relevant considerations;

 

(c) the number of Candidates the Client wants to Sign on, if there is more than one for the same Position;

 

(d) a detailed description of the desired Candidate; and

 

(e) other relevant documents as we may require from you to enable us to perform our Services.

 

4.2 You agree and undertake to cause and procure all relevant representatives (including the hiring manager, HR personnel) and/or other representatives as shall be necessary in accordance with your hiring practices to be available (whether virtually or physically) during our meetings and/or including interview sessions involving the Candidate(s).

 

4.3 You agree that our performance and our obligations under the Engagement Document and/or this Terms and Conditions are conditional upon receipt of the above and changes in these requirements must be notified in writing as soon as practicable.

 

5. Confidentiality

 

The Introduction of a Candidate is confidential, and the Client must keep the information provided by TRIIIO confidential.

 

6. Non-Solicitation Agreement

 

You acknowledge and agree not to solicit each other's Candidates during the agreement unless the aforementioned candidates directly approach us of their own choice.

 

7. Scope of Services

 

7.1 Our engagement  to you will be based on the agreed scope of services and fees as set out in the Engagement Document.

 

7.2 Additionally, any additional scope of services and fees that may be discussed between us and agreed upon in writing will be subject to the terms and conditions of this Terms and Conditions.

 

8. Guarantee Period

 

8.1 We shall provide a Guarantee period for recommended Candidate(s) in the event that if the employment or similar relationship between the Candidate and you ends within the first 3 months (i.e. the official date the Candidate(s) officially commences his or her first day of engagement (employment or independent contractor) with the Client.

 

8.2 Subject to paragraph 8.3 below, TRIIIO shall find a replacement Candidate for the Client based on the Requirements subject to the occurrence of any of the following events:

 

(a) if the Candidate voluntarily resigns within Guarantee period; and/or

 

(b) the Candidate fails to report to work (i.e. ‘no show’) on the start date;

 

(c) [the Candidate is terminated by the Agency due to non-performance within the Guarantee period]; and/or

 

(d) the Candidates breach the terms of their engagement contract within the Guarantee period.

 

8.3 You acknowledge that the Guarantee period is not valid under the following conditions:

 

(a) where the Client changes the terms and conditions of the engagement of the Candidate including change in his or her Position, place of work, etc.;

 

(b) the Sign On for the Candidate has not been completed; and/or

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(c) you fail to respond and/or complete any post placement follow ups with us; and/or

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(d) resignation of the hiring manager within the Guarantee period; or

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(e) it is our view that your action or conduct was the cause for the Candidate to resign within the Guarantee period.

 

8.4 The Client is obliged to inform the Agency in writing or electronically about the termination of the employment relationship with the Candidate within [14] working days from the date of such termination.

 

9. Variation 

 

You agree that any additional or variation to the scope of services set out in the Engagement Document shall be  proposed adjustments to you, and you shall signify acceptance in writing before any additional services are rendered.

 

10. Invoicing

 

10.1 All invoices are payable within 14 days of issuance unless stated otherwise in writing between us. Interest at a rate of [5]% above may be charged, at our discretion, on unpaid invoices. .

 

10.2 Fees payable under these Terms and Conditions are exclusive of any and all taxes, for example, goods and services tax, value added tax, sales tax, etc.

 

10.3 Unless otherwise agreed in writing by us, if an invoice remains unpaid for [90] days, we reserve the right to instruct third parties to assist in recovery of outstanding amounts under that unpaid invoice. In that event, you will be responsible for any additional fees or costs incurred by us in connection with such instruction.

 

10.4 Our fees are non-refundable.

 

11. Non-Exclusivity

 

11.1 As a matter of general policy we will not accept a general retainer to act for you exclusively. We reserve the right not to accept instructions in respect of any matter, or to decline to continue to act further on the grounds of conflict of interest or otherwise. 

 

11.2 You agree that we may provide Services to persons who may have interests adverse to you or your affiliates provided, as required by law, we do not have any confidential information in relation to you in respect of that specific matter.

 

12. Data protection

 

12.1 For information about the purposes for which we process personal data provided by you and the grounds on which that processing occurs please see our Personal Data Protection Policy (PDPA) Statement available at https://www.trii.io/pdpa. 

 

12.2 In agreeing to these terms you warrant and undertake that you are entitled to provide any personal data you deliver to us and that you will ensure that any such personal data are accurate.

 

13. Storage of client documents

 

After the completion of any matter, we are entitled to retain all papers and documents which have come into our possession or into existence in the course of our acting for you until all fees and disbursements have been settled in full.

 

14. Liability

 

14.1 We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by you arising from or in any way connected with you seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from our failure to introduce any Candidate to you. 

 

15. Request for Quotes or Marketing Material

 

15.1 Unless otherwise requested in writing by you, we reserve the right to use the details of the identity of a client and a brief outline of the nature of the matter in our marketing material. We will inform you of our intention to use such information save to the extent such information is already in the public domain. In the unlikely event our usage of information for this purpose involves the disclosure of anything classified as personal data under relevant data protection law this will be reduced to the minimum necessary for our legitimate business purposes and undertaken in accordance with the relevant provisions of, our Personal Data Protection Policy (PDPA) Statement. 

 

15.2 Unless otherwise notified by you, we will assume that you agree to participate in feedback questionnaires to help us continually improve our service to our clients and for use for publicity purposes 

 

16. Communication

 

16.1 Where you are acting on behalf of a third party you confirm that you are authorised on behalf of that third party to instruct us and that we are authorised to receive and provide information to you. You agree you will provide written evidence of such authority if requested by us.

 

16.2 We assume, unless you instruct us otherwise, that you are willing to receive all communications from us sent by electronic means, including, but not limited to, via email and that any communications from us (including any Engagement Document) may be signed by us using any form of electronic signature (such as DocuSign). We do not guarantee that messages, documents, files or other communications sent by email or other electronic means, are virus-free or are otherwise secure and confidential. As such, we accept no liability or responsibility for any loss or damage, however caused, arising from or in connection with communication by us of information electronically.

 

17. Termination

 

17.1 You may terminate your engagement with us in writing at any time but we will be entitled to keep your papers and documents while there is money outstanding to us for our fees, charges, expenses and disbursements. 

 

17.2 We may terminate our engagement with you at any time in our absolute discretion, for any reason, including but not limited to in circumstances where:

 

(a) there are fees which have been billed and which are overdue for payment;

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(b) a conflict arises; or 

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(c) in any other circumstances where we consider it appropriate including if the continued engagement contravenes our internal policies from time to time, including our policies in relation to new and existing client engagements.

 

18. Governing Law

 

These Terms and Conditions are governed by the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts in Malaysia.

 

July 2024