This Sourcing Solution (“Agreement”) is entered between the “Client” on the corresponding Payment Authorization Full Throttle Falato Leads LLC (“FTF”) and individually a “Party” and collectively known as the “Parties.” The Client has requested FTF to provide candidates or potential employees for the Client.

 

FTF Activities

  • Review the qualifications specified by the Client.
  • Source active and passive candidates for the requested job opening.
  • Screen and present all qualified candidates resume/profile/contact information to the Client.
  • Provide an updated list of identified candidates to the Client

 

Client Activities

The Client can schedule, interview and hire any candidate directly for the engaged position. As the Monthly Payment Fee pays for our time, staffing expertise, and there is no traditional percentage of salary expense upon hiring, our services do not include a hiring guarantee.

 

Payment

The Client will pay FTF a “Monthly Payment Fee” for each month of service used. This is a month-to-month contract for positions paying up to $150K in salary. All searches above $150K in salary require a minimum two-month fee. The Client must notify FTF five (5) business days in writing before the end of the month if they would like to terminate the contract for the upcoming month. If FTF is not notified, FTF will automatically bill the Client for the following month and continue to work.

 

Monthly Payment Fee:

The monthly amount in dollars paid to Full Throttle Falato Leads per the checked Monthly Payment Fee box on the corresponding signed Payment Authorization Form.

  • Payment must be received before work is started. Each month following the first month must be paid within (5) days of the invoice date or an additional $500 fee will be added to the invoice.
  • For Payments, you must complete our Payment Authorization Form.
  • All provided candidates are for the sole use of the Client to hire and not to be distributed to any third party. A 25% contingency fee will apply to anyone hired outside of these parameters.
  • If a candidate is hired above the salary range for which the Monthly Payment Fee was paid, the Client will be billed for the difference for all months resulting in $1,000 to $2,000 additional fee for each month based upon the salary of the hired candidate.
  • If the Client hires more than one (1) candidate for the engaged position or another position, the total Monthly Payment Fee paid will be duplicated. For example, 2 months paid for a search, resulting in hiring two (2) candidates instead of one (1) would total an additional two (2) months fee.

 

Miscellaneous:

Either Party may terminate this Agreement upon a thirty-day (30)written notice, but termination does not impact the Client’s obligation to pay the Monthly Payment Fee for any candidate introduced by FTF prior to receipt of such notice. FTF is entitled to collect all costs of collection, including attorney’s fees. This Agreement has been fully agreed upon by both Parties. Modifications of this Agreement must be in writing signed by both Parties. If any provision is determined to be unenforceable, it shall be deemed to be replaced by a provision that as nearly as possible expresses the intentions of the Parties as expressed in this Agreement that is enforceable. This Agreement forms the entire understanding between the Parties. It supersedes all prior agreements and understandings. All notices will be sent to the address listed on the corresponding Payment Authorization Form or such other address subsequently designated by the Party. This Agreement is governed by Florida law. The exclusive venue for any dispute between the Parties will be in Lake County, Florida and if within the jurisdiction limits of the court will be filed in the County Courts at Law in Lake Country, Florida.

This lead generation automation (“Agreement”) is entered between the “Client” on the corresponding Payment Authorization Form and Full Throttle Falato Leads LLC (“FTF”) and individually a “Party” and collectively known as the “Parties.” The Client has requested FTF to provide email and LinkedIn automation to produce leads for the Client.

During the term of this Agreement, FTF will:

Overview:

The Client engages FTF to provide email and LinkedIn lead generation activities to produce qualified appointments for the client for $5,000 per month for up to 20,000 emails a month and automating one LinkedIn profile for the client for a 6 month agreement or The Client engages FTF to provide email and LinkedIn lead generation activities to produce qualified appointments for the client for $4,500 per month for up to 20,000 emails a month and automating one LinkedIn profile for the client for a 12 month agreement.  All filters and qualifications guidelines will be suggested by the client to make sure all contacts are the right targets.  A one time fee of $1,500 will be charged for set up of the email and one LinkedIn account plus a $100 per qualified meeting fee.

 

DISCLAIMER OF WARRANTIES AND REMEDIES:

FTF IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FTF DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   FTF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN FTF WILL MEET ANY REQUIREMENTS OR NEEDS CLIENT MAY HAVE, OR THAT FTF WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN FTF WILL BE CORRECTED, OR THAT FTF IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.  CLIENT SPECIFICALLY UNDERSTANDS THAT THERE ARE MANY REASONS, OUTSIDE OF THE CONTROL OF FTF, THAT EMAIL OR VOICE MESSAGES MAY NOT REACH THEIR INTENDED RECIPIENTS, AND UNDERSTAND THAT FTF CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ULTIMATE ARRIVAL OF CLIENT’S ALERTS.

If Client shall receive a claim that the use of FTF infringes a patent, copyright or other intellectual property right, Client agrees to promptly notify FTF in writing thereof. FTF, at its own expense and option, may (i) defend and settle such claim, (ii) procure for Client the continuing right to use the Service, (iii) modify or replace the Service to avoid infringement, provided same shall have the same utility to Client; or (iv) refund the license fees paid by Client, if applicable. In addition, Client fully indemnifies FTF from any claims that may be brought by third parties in connection with the use of the Service by Client or Designees.

 

Limitations of Liability:

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ONE PARTY IS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY WILL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY SUCH PARTY.

Monthly Payment Fee:

The monthly amount in dollars paid to Full Throttle Falato Leads per the checked Monthly Payment Fee box on the corresponding signed Payment Authorization Form.

Payment must be received before work is started. Each month following the first month must be paid within (5) days of the invoice date or an additional $500 fee will be added to the invoice.

For Payments you must complete our Payment Authorization form.  All notices will be sent to the address listed on the corresponding Payment Authorization Form or such other address subsequently designated by the Party. This Agreement is governed by Florida law. The exclusive venue for any dispute between the Parties will be in Lake County, Florida.