Master Services Agreement

Updated August 17, 2022

Barter Revenue Consulting, LLC

This Master Services Agreement (“Agreement”) is made and entered into by and between Barter Revenue Consulting, LLC, a Florida limited liability corporation, and the company that is executing this Agreement (hereinafter “Customer”) with Barter Revenue Consulting, LLC and this Agreement shall govern the Services (as defined below) provided by Barter Revenue Consulting, LLC for the Customer as referenced herein.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, and intending to be legally bound, the parties agree as follows:

 

1. Fees and Expenses

In consideration of the performance of the services, Customer agrees to pay Barter Revenue Consulting, LLC the fees set forth in the applicable Proposal in accordance with the terms and conditions set forth in the applicable Proposal. Customer will be obligated to pay such fee whenever

 

1. A candidate referred to Customer by Barter Revenue Consulting, LLC is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by Customer, its affiliates, parents, or subsidiaries, or

 

2. A candidate referred to Customer by Barter Revenue Consulting, LLC is referred by Customer to another employer or recruiting firm and the candidate is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by such employer or through such recruiting firm.

 

For the purpose of paragraphs 1 and 2 above, the word “referred” means any manner or means of communication of a candidate’s identity. In the event the employment of a candidate referred to Customer under this agreement lasts less than 90 calendar days, and provided that all fees and expenses relating to such referral have been paid, Barter Revenue Consulting, LLC will attempt to refer a replacement candidate for the same position at no additional charge to Customer.

 

Barter Revenue Consulting, LLC’s obligation under this agreement is limited to attempting to find a replacement candidate. No refund will be made if Customer hires a replacement from any source, or if Customer is no longer actively seeking to fill the position.

 

2. Payment Terms

Customer agrees to pay all placement fees and related expenses within 30 days after receipt of invoice. Interest of 1% per month will be charged on unpaid fees more than 30 days past due. Customer agrees to reimburse Barter Revenue Consulting, LLC for all reasonable costs of collection, including attorney fees.

 

3. Confidentiality of Referrals

All candidate referrals made by Barter Revenue Consulting, LLC are made on a confidential basis and Customer shall hold Barter Revenue Consulting, LLC harmless from any liability resulting from Customer’s unauthorized disclosure or misuse of information regarding any candidates or their candidacy.

 

4. Disclaimer

Barter Revenue Consulting, LLC does not guarantee the performance of any candidate or the accuracy of information provided regarding a candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. Barter Revenue Consulting, LLC urges Customer to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant.