This Services Agreement (the "Agreement") is entered into by and between Benchil (the "Agency") and the client entity accessing our services or platform (the "Client"). By subscribing to our platform or engaging our talent, the Client agrees to comply with these terms.
1. Scope of Services
The Agency provides an integrated talent ecosystem featuring direct permanent placements, contract-based project deployment, and exclusive platform access to the proprietary Benchil Talent Pool.
2. The Benchil Talent Pool & Subscription Rules
- Pre-Vetted Network: The Benchil Talent Pool consists of pre-screened, technically verified professionals. This pool is accessible to Clients strictly via a paid subscription model.
- Recurring Monthly Fee: To view, interview, and access candidates within the Benchil Talent Pool, the Client must pay a non-refundable, recurring monthly platform fee.
- Continuous Access: Access to the pool is granted on a month-to-month basis. Subscriptions automatically renew unless cancelled in writing at least [e.g., 7] days prior to the next billing cycle.
- Zero Talent Fees: The Agency maintains a strict ethical sourcing policy. No placement, registration, or platform fees are ever charged to the talents or candidates within our network.
3. Contract Staffing & Hourly Billing
When a Client selects and deploys a professional from the Benchil Talent Pool (or via general contract staffing) for a specific assignment, the following rules apply:
- Hourly Bill Rates: The Client will be billed at a mutually agreed hourly rate specified in the individual Work Order. This hourly rate covers the talent’s compensation, payroll taxes, statutory insurances, and the Agency’s administrative markup.
- Timesheet Submission: The Client agrees to log, review, and approve timesheets weekly. Approved timesheets serve as the definitive basis for hourly invoicing.
- Overtime Policies: Any hours worked exceeding standard limits (e.g., 40 hours per week) must be pre-approved and will be billed at local statutory overtime rates.
4. Permanent Staffing Models
- Direct Placement Fees: For traditional direct-hire permanent staffing roles outside the subscription pool, the Client will not pay any extra charges.
5. Non-Solicitation and Platform Disintermediation
- Protection of Network: The Client shall not circumvent the platform by hiring, contracting, or engaging any Benchil Talent Pool candidate directly outside of this Agreement.
- Conversion Fee: If a Client transitions a contracted resource or a Benchil pool candidate to their direct internal payroll (Temp-to-Hire conversion), the Client must pay a buyout fee equal to [e.g., 20%] of the candidate's new annualized compensation package. This restriction remains active for 12 months post-introduction.
6. Payment Terms and Late Fees
- Subscription Payments: Monthly subscription fees are charged upfront on the first day of each billing cycle via credit card or pre-authorized electronic payment.
- Staffing Invoices: Hourly contract staffing and permanent placement invoices are due within [e.g., 30] days from the date of the invoice.
- Late Penalties: Delinquent balances are subject to a late payment interest charge of 1.5% per month compounded daily until the balance is fully settled.
7. Guarantees and Liability Limits
- Permanent Hire Guarantee: If a permanent direct-hire leaves within 90 days of placement, the Agency will provide one free replacement candidate, subject to standard performance/redundancy exclusions.
- Contract Replacement: If a deployed contract professional fails to perform satisfactorily, the Client must notify the Agency within the first [e.g., 3 to 5] business days. The Agency will waive the initial billing for that period and prioritize sourcing a replacement.
8. Governing Law
This Agreement, its updates, and any related Work Orders shall be governed exclusively by the laws of Bangaloru/TamilNadu - India. Both parties consent to the exclusive jurisdiction of the courts located in India.