Affiliate Member Handbook
Top Echelon Network Policy
1
Issue: Discrimination
Date: 11/09/04
Top Echelon Network does
not discriminate
Every service Top Echelon Network offers is provided without regard to race,
color, gender, national origin, disability, or age. Top Echelon Network complies
with the Americans with Disabilities Act, Title VII, the Civil Rights Act, Age
Discrimination in Employment Act, and other federal, state, and local prohibitions
against discrimination. Any action not following the above mentioned discrimination
laws is considered "discriminatory.
Top Echelon Network requires
recruiters to not discriminate
Top Echelon Network advises all of its customers and recipients of any of its
services that recruiters, as well as their client companies, are obligated to
comply with the Americans with Disabilities Act, Title VII, the Civil Rights
Act, Age Discrimination in Employment Act, and other federal, state, and local
prohibitions against discrimination.
Persons using information
distributed by Top Echelon Network agree
Top Echelon Network is not the originator of any candidate or job order information.
All information put into the Top Echelon Network system is the sole property
and sole responsibility of the persons supplying the information to Top Echelon
Network. The Network simply distributes the information with which it is supplied.
Due to the large volume Top Echelon Network receives, Top Echelon Network is
unable to verify if the information being distributed is either factual or non-discriminatory
in nature. All persons (recruiters, counselors, researchers, client companies,
etc.) using any information collected and distributed by Top Echelon Network
agree to use the information in a manner which does not violate any employment
discrimination laws.
Due to the large volume of information passing through the system, Top Echelon Network provides its customers the ability to "screen in" and "screen out" candidates and job orders which are not applicable to their hiring needs. Recruiters using the Top Echelon Network system understand that the parameters used in any computerized screening capabilities offered by Top Echelon Network are completely controlled by them (and not Top Echelon Network), and they are solely responsible to not use these screening capabilities to discriminate.
If any Top Echelon Network Affiliate provides information to Top Echelon Network which contains discriminatory content, which uses any information collected and distributed by Top Echelon Network in a discriminatory manner, or which uses any Top Echelon Network computerized screening capabilities in a nature which violates any employment discrimination laws, the persons providing such information, using such information, or using such capabilities agree that they are solely responsible for their actions. Any such customer shall indemnify and hold Top Echelon Network harmless from all fees, costs, claims, expenses, and liabilities incurred by Top Echelon Network as a result of the customer's failure to comply with any such applicable laws or regulations.
Top Echelon Network Policy 2
Issue: The Top Echelon Network brokerage fee
Date: 11/09/04
All placements via Top Echelon Network are considered "Network placements"
and are subject to the normal Top Echelon Network brokerage fee of 6%. This
includes any placements made through our job posting service and job orders
filled with candidates from the Internet Candidate Pool. This fee is included
in the posted brokerage fee on each job order response as well as the candidates
posted in the Internet Candidate Pool.
Spirit of this Policy
Top Echelon Network requires its 6% brokerage fee on any and all placements
regardless of circumstance. Without the existence of the Network, the placement
may not have occurred. This is not negotiable. Members found in violation of
this policy will be terminated from the Network.
There are many ways a network continually helps you make placements besides the mere distribution of resumes and job orders. It is Top Echelon Network's strong belief that we are entitled to our 6%, regardless of how each individual placement is "put together" because without Top Echelon Network, you may not have made that placement.
Brokerage fee due on
Internet job postings
If Top Echelon Network posts a job order for you on the Internet, which results
in a placement, Top Echelon Network is due a 6% brokerage fee. This includes
postings to your Web site, Newsgroups, free sites, and pay sites to which you
have advertised. BUT FOR Top Echelon Network assisting with the process, the
job may not have been posted and the placement may not have been made.
Top Echelon Network Policy 3
Issue: Placement fees, payment terms, refunds, fall-offs and guarantees
Original Date: 11/09/04
Fee schedule
The fee schedule used in a placement should be agreed upon by both, agency and
client, prior to an offer being extended to the candidate, preferably in writing.
Both are equally responsible to see to it that this agreement takes place, in
advance. The placing agency should not present the candidate to any client that
is not willing to pay the minimum acceptable fee of that agency submitting the
candidate as determined by that agency.
Payment
Immediately upon receipt of the client company's payment (i.e., check), the
recruiter is responsible to distribute the appropriate brokerage fee to Top
Echelon Network.. Accompanying the payment, the recruiter must include a photocopy
of the client's original commission check and a Completed Placement Form. Holding
any portion of the fee for more than 24 hours (for any reason) is forbidden
unless it is agreed upon in advance by both parties, in writing.
Guarantee period and
Refund/Replacement Policy
Top Echelon Network Members agree to honor the guarantee period and refund/replacement
policy which the recruiter extends to his client. It is the responsibility of
the recruiter to make sure that the client and Top Echelon Network is aware
(preferably in writing) of the guarantee and refund/replacement policies before
the candidate is interviewed.
Fall-offs and replacement
guarantee
In the event a candidate quits or is terminated (for any reason) during the
guarantee period and your guarantee is to replace the candidate or refund the
money, Top Echelon Network considers this placement a "fall-off."
The Top Echelon Network is to refund the proper percentage (normally 100%) of
their portion of the fee to the recruiter. It is then the sole responsibility
of the recruiter to replace the candidate, return the fee to the client, or
work out some other arrangement with the client.
Refunds
If a fall-off occurs during the guarantee period and monies are to be refunded,
Top Echelon Network and the recruiter are expected to immediately refund their
portions of the placement fee. Top Echelon will expect written documentation
proving the fall off took place.
Information disclosure
The job order recruiter is required to provide the Top Echelon Network with
the pertinent information about a placement (e.g., client bill rate, candidate
salary, expense provisions, relocation provisions, fee charged, payment terms,
retainer terms, guarantee period, replacement policy, refund policy, etc.).
Retainers
Any retainer (e.g., up-front monies, partial payments, containers, or engagement
fees) received by the recruiter is considered part of the overall placement
fee, and should be considered proportionately in the payment of brokerage fees.
If the recruiter has a retainer scheme so complicated that it cannot be determined
"how much of the retainer" should be applied to any individual placement,
we ask that Member not to share those assignments with Top Echelon Network.
Disputes
Clarification of fee changes: Top Echelon strongly advises that placing recruiters
have the terms and conditions in their fee agreements agreed to in writing in
advance. We recognize several areas where fee changes can occur. (1). When the
company is still in negotiations to hire an individual and wants to renegotiate
the fee agreement. (2) After the candidate has started but the fee has not yet
been paid (e.g., the company decides they would like to try and renegotiate
the fee). (3) A partial fee is already received, but the client starts claiming
financial difficulty and asks to renegotiate the remainder of the fee. And (4)
the fee is received even though the candidate has not yet started working, and
the client decides that they would like to renegotiate part of their fee back.
Changes should be submitted to Top Echelon in writing.
Clarification of fall-offs and guarantees: Once again, Top Echelon strongly advises that recruiters have the terms and conditions of the guarantees included in the fee agreements and that they be in writing. TE Management believes we are all business professionals and that all parties to the placement process understand what their obligations and responsibilities are when a fall-off occurs during the guarantee period.
However, if a fall-off occurs (for any reason) after the guarantee period has expired, Top Echelon acknowledges that the placement is complete. We feel that the recruiter, job board, and Top Echelon have acted in good faith and neither the Top Echelon Network nor the candidate recruiter is obligated to either refund monies or provide replacement candidates. It is then the responsibility of the recruiter to decide how they want to remedy the situation and how they want to maintain their relationship with that client.
Top Echelon Network's
Philosophy
Top Echelon recognizes that all of us need to protect our interests by the use
of appropriate contractual agreements. We strongly recommend that these agreements
be carefully negotiated and that they be in writing. While Top Echelon does
not encourage the use of guarantees it does recognize that guarantee periods
have long been an accepted and integral part of the placement process. With
that in mind, Top Echelon strongly advises that all participants to the placement
process become keenly aware of the terms and conditions set forth in these agreements
when they make a decision to work on a particular assignment.
It is not Top Echelon's policy to support any arbitrary and unilateral decisions
made by one recruiter that could adversely effect another recruiter who has
operated in good faith and has complied with the guidelines of TE Network Policy
3. Any recruiter that feels he/she needs to make such decisions without consulting
with the other parties involved also needs to be prepared to bear the full impact
of those decisions.
Top Echelon Network Policy 4
Issue: Job order submissions
Date: 11/09/04
Job assignments submitted
through the Network must be for "real openings" where the client has
given the assignment to the recruiter.
It is your responsibility to "closeout" your job orders from Top Echelon
Network as soon as you are aware that they are no longer active or when a placement
has occurred. Affiliate Members are responsible for deleting their own job orders
from the Network.
Top Echelon Network Policy
5
Issue: Honoring a candidate response or find.
Date: 11/09/04
As a general rule, once you have accepted (and acknowledged acceptance of) candidate information from a job posting or the Internet Candidate Pool, honor that candidate referral no matter how (or when) you later determine you "already had the candidate."
Top Echelon Network Policy
6
Issue: When Top Echelon Network makes an error
Part 1: The accuracy of your data that gets shared is your responsibility
Part 2: Top Echelon Network's hardware and software systems may fail
at times
Created: 11/09/04
Part 1
You are responsible for both the extent to which your data is disseminated through
the Top Echelon Network and the accuracy of your data. Even if Top Echelon performs
clerical tasks such as data-entry, mass mailings, enhancements, and/or revisions
to your data, you are ultimately responsibility for the accuracy and degree
of distribution of your data. You acknowledge that Top Echelon processes such
a large volume of data that it will unintentionally make clerical mistakes relative
to your data, and you will hold Top Echelon harmless from all losses related
to such errors.
Part 2
Should Top Echelon's products or services prove defective, damaged, corrupt,
or unusable, we will endeavor, without obligation, to assist you in recovery,
extraction, correction, and/or repair. However, all of Top Echelon's products
and services are provided to you "as is" and "as available"
with all defects and without any express or implied warranties of any kind.
You acknowledge that from time-to-time you and others may experience losses
from failures; delays; interruptions; unavailability; corruption; degradation;
defects; downtime; security breaches; computer viruses; damaged computer hardware;
damaged, corrupt, or lost data; defective, damaged, or corrupt software programs;
and, your use or inability to use Top Echelon's products and services. You assume
the risk of all such losses regardless of the nature of the loss and will hold
Top Echelon harmless from any such loss.
Spirit of Part 1 of this
Policy
Top Echelon goes to great lengths to provide its members and customers top-notch
products and services. However, the sheer volume of data entry, clerical work,
and programming changes Top Echelon performs on a daily basis almost guarantees
that we will make mistakes. We do our best, but we are not perfect! Top Echelon
Network is implementing this policy because while we attempt to help you make
more placements, we are doing "more things" with your data than ever
before. We need Top Echelon Network Members to understand that even though we
may have caused an error, you are ultimately responsible for the accuracy of
the data that Top Echelon distributes on your behalf.
Top Echelon Network's incentive to do quality work comes in the form of placements. We want quality as badly as you do. To ensure quality, we have installed several quality control check-points in our systems. In some processes, we even perform a 100% quality control review to ensure that the data is as accurate as we can produce. However, errors will still occur. This being said, we need each Top Echelon Network Member to understand that "blaming" Top Echelon when an error occurs is not an option because you have agreed to assume full responsibility for the accuracy of your data that is distributed to others by Top Echelon (no matter what).
Spirit of part 2 of this
Policy
Top Echelon aggressively offers its Members more computerized products and services
than any other recruiter networks or associations we know of. Top Echelon only
makes money when your firm is up and running and making placements, so we have
gone to great lengths to hire the most competent people, and provide the best
software systems, products and services available. We are cautious instead of
cavalier; and, we endeavor to do the best work we possibly can. Nevertheless,
our efforts are bound to backfire from time to time. We will make mistakes,
and you will experience times when you or your firm suffers from our mistakes.
When this happens, please communicate the problem to us as-soon-as-possible,
and we will try our very best to fix the problem at hand. Unfortunately, there
will be times when "a fix" is unachievable or costly, but remember,
by conducting business with Top Echelon Network, you are taking the calculated
business risk that you could experience loss from your use or inability to use
our products and services.