1. Introduction
These Terms of Service (“Terms”) govern the relationship between Agile Surgical Assistants LLC (“Agile,” “we,” “us”) and healthcare facilities (“Client,” “you”), including hospitals, clinics, ambulatory surgical centers (ASCs), and other medical institutions utilizing Agile’s staffing services. By engaging with Agile, you agree to comply with these Terms.
2. Definitions
**Candidate**: A healthcare professional (e.g., physician, nurse, surgical tech) referred by Agile.
- **Placement**: The temporary, contract, locum tenens, or permanent employment of a Candidate by the Client.
- **Service Fees**: Compensation paid by the Client to Agile for staffing services.
3. Scope of Services
Agile agrees to provide staffing services to the Client, including but not limited to:
- Sourcing, vetting, and referring qualified Candidates.
- Coordinating interviews, credentialing, and onboarding.
- Managing payroll, benefits, and compliance for temporary/contract placements (if applicable).
- Facilitating permanent placement agreements.
**Client Responsibilities**:
- Provide accurate job descriptions, required qualifications, and facility-specific requirements.
- Verify Candidate credentials, licenses, and fitness for role prior to engagement.
- Ensure a safe working environment compliant with all applicable laws and regulations.
4. Fees & Payment
**Service Fees**: Client agrees to pay Agile the fees outlined in the signed agreement or invoice. Fees may vary based on placement type (e.g., temporary, permanent), role, and duration.
- **Invoicing**: Invoices are due within [15/30] days of receipt. Late payments incur a [1.5%] monthly interest charge.
- **Refunds**: No refunds for temporary/contract placements after Candidate commencement. For permanent placements, a prorated refund may apply if the Candidate leaves within [90 days], per the terms of the signed agreement.
5. Confidentiality
Both parties agree to:
- Protect confidential information (e.g., Candidate details, facility data, pricing).
- Use confidential information solely for fulfilling obligations under these Terms.
- Not disclose such information to third parties without prior written consent, except as required by law.
6. Liability & Warranties
**No Guarantee of Suitability**: Agile makes no warranties regarding Candidate performance, retention, or fit. Client is responsible for final hiring decisions and Candidate supervision.
- **Limitation of Liability**: Agile’s liability for claims arising from these Terms is limited to the total Service Fees paid by the Client in the preceding [6 months]. Agile is not liable for indirect, incidental, or consequential damages.
- **Compliance**: Agile complies with applicable employment laws but does not assume liability for Client’s violations of labor, safety, or anti-discrimination regulations.
7. Termination
Either party may terminate this agreement with [30 days] written notice.
- Upon termination, Client agrees to pay all outstanding fees for services rendered.
- Temporary/contract Candidates may complete active assignments unless otherwise agreed.
8. Indemnification
Client agrees to indemnify and hold Agile harmless from claims, damages, or losses arising from:
- Client’s negligence, misconduct, or violation of law.
- Candidate’s actions or omissions while under Client’s supervision.
9. Governing Law & Dispute Resolution
These Terms are governed by the laws of Texas, USA.
- Disputes will be resolved through mediation or binding arbitration in Tarrant County, Texas, unless prohibited by law.
10. Miscellaneous
**Entire Agreement**: These Terms supersede prior agreements and may only be amended in writing.
- **Severability**: If any provision is deemed unenforceable, the remainder of the Terms remains valid.
- **Force Majeure**: Neither party is liable for delays or failures due to events beyond reasonable control (e.g., pandemics, natural disasters).
**Contact Information**
For questions or disputes, contact:
Agile Surgical Assistants LLC, Phone: (240) 209-1010 Email: tos.hf@agilesallc.net
**Acknowledgement**
By using Agile’s services, the Client acknowledges receipt, review, and acceptance of these Terms.
*Agile Surgical Assistants LLC is an equal-opportunity employer. View our Privacy Policy and Candidate Requirements.*
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