Terms & Conditions | Pharmagen Recruit

Client Terms & Conditions — Pharmagen Recruit

1. Introduction

These Client Terms & Conditions ("Agreement") govern all workforce management, healthcare staffing, payroll administration, recruitment, candidate sourcing, onboarding, and employment support services provided by Pharmagen Recruit ("Company") to the Client.

By engaging Pharmagen Recruit, the Client agrees to be bound by these Terms & Conditions.

Definitions: Throughout this Agreement, the term "Client" refers to the employer — the company or organisation engaging Pharmagen Recruit's services. The term "Employee" or "candidate" refers to the healthcare professional placed through Pharmagen Recruit.

2. Scope of Services

Pharmagen Recruit shall provide workforce solutions and healthcare staffing services, including:

Candidate sourcing and screening
Credential verification
Interview coordination
Candidate placement
Onboarding support
Payroll administration
Workforce management
Employee support
Ongoing staffing assistance

Pharmagen Recruit reserves the right to determine the methods, procedures, and processes used to provide such services.

3. Candidate Delivery Commitment

Following alignment on role requirements, compensation structure, qualifications, responsibilities, and hiring criteria, Pharmagen Recruit shall use commercially reasonable efforts to present at least three (3) qualified candidates within ten (10) business days.

Candidate delivery timelines may be extended due to labor market conditions, licensing requirements, specialized positions, regulatory requirements, or circumstances beyond Pharmagen Recruit's reasonable control.

4. Workforce Management Fee

The Client acknowledges that Pharmagen Recruit provides recruitment, workforce administration, payroll management, employee support, compliance monitoring, and ongoing staffing services.

As compensation for these services, Pharmagen Recruit shall retain twenty-five percent (25%) of the monthly contract value associated with each assigned employee.

The remaining balance shall be allocated toward employee compensation and related employment costs as applicable.

The Client acknowledges and accepts this compensation structure.

5. Payment Terms

The Client shall remit all payments due under this Agreement no later than the twentieth (20th) day of each calendar month.

Payments shall be made in full and without deduction, withholding, set-off, counterclaim, or delay.

Failure to make timely payment may result in suspension of services and removal of assigned personnel.

6. Banking and Transfer Fees

All transfer fees, intermediary bank charges, foreign exchange costs, wire fees, payment processing fees, and related banking expenses shall be borne solely by the Client.

Pharmagen Recruit shall receive the full invoiced amount without reduction.

7. Payroll Funding

The Client agrees to provide sufficient funding for payroll and workforce administration as required by Pharmagen Recruit.

Failure to provide timely funding may result in delayed payroll processing, suspension of services, or termination of assignments.

8. Candidate Ownership

All candidates introduced by Pharmagen Recruit remain proprietary introductions of Pharmagen Recruit.

Any candidate presented by Pharmagen Recruit shall be deemed introduced exclusively by Pharmagen Recruit for a period of twelve (12) months from the date of introduction.

9. Non-Circumvention

The Client shall not directly or indirectly:

Hire any candidate introduced by Pharmagen Recruit outside of the Pharmagen Recruit arrangement;
Enter into any direct employment relationship with a candidate introduced by Pharmagen Recruit;
Engage any candidate as a consultant, contractor, freelancer, advisor, or employee outside the Pharmagen Recruit arrangement;
Use any third party to engage a candidate introduced by Pharmagen Recruit in order to avoid Pharmagen Recruit's involvement.

This restriction shall remain in effect during the engagement and for twelve (12) months following termination of the employee's engagement with Pharmagen Recruit.

10. Direct Employment Restriction

The Client agrees that employees introduced through Pharmagen Recruit shall remain under the Pharmagen Recruit workforce management structure.

The Client may not enter into a direct employment agreement, contractor agreement, consulting agreement, or similar arrangement with any employee introduced by Pharmagen Recruit without prior written consent from Pharmagen Recruit.

11. Non-Solicitation

The Client shall not solicit, recruit, employ, contract with, or otherwise engage any Pharmagen Recruit employee, recruiter, consultant, contractor, or candidate outside the scope of this Agreement.

This restriction shall remain effective for twelve (12) months following termination of services.

12. Employee Supervision

The Client shall be responsible for:

Daily supervision;
Work allocation;
Scheduling;
Performance monitoring;
Workplace policies;
Operational management.

The Client acknowledges that Pharmagen Recruit is not responsible for day-to-day management decisions made by the Client.

13. Candidate Replacement

If an assigned employee voluntarily resigns or is terminated for cause within the first sixty (60) days of placement, Pharmagen Recruit shall use commercially reasonable efforts to provide a replacement candidate.

Replacement obligations shall not apply where:

Client payments are overdue;
Job requirements materially change;
Working conditions differ from those originally agreed;
Compensation terms are modified by the Client.

14. Timesheet Approval

Where timesheets are utilized, the Client shall review and approve or dispute submitted timesheets within forty-eight (48) hours.

If no dispute is received within forty-eight (48) hours, the timesheet shall be deemed approved.

15. Confidentiality

The Client agrees to maintain strict confidentiality regarding:

Candidate information;
Compensation information;
Business processes;
Pricing structures;
Recruitment methodologies;
Operational procedures;
Proprietary information belonging to Pharmagen Recruit.

These obligations survive termination of this Agreement.

16. Healthcare Compliance

The Client shall ensure compliance with all applicable healthcare regulations, privacy laws, workplace requirements, licensing standards, and patient protection obligations applicable to the services being performed.

17. Indemnification

The Client agrees to indemnify, defend, and hold harmless Pharmagen Recruit, its officers, employees, contractors, and affiliates from any claims, liabilities, damages, losses, costs, penalties, fines, or expenses arising from:

Client supervision;
Workplace incidents;
Patient claims;
Regulatory violations attributable to the Client;
Workplace misconduct;
Client policies and procedures.

18. Limitation of Liability

Pharmagen Recruit's total liability arising under this Agreement shall not exceed the total management fees paid by the Client during the three (3) months preceding the event giving rise to the claim.

Under no circumstances shall Pharmagen Recruit be liable for indirect, consequential, punitive, incidental, special, or lost-profit damages.

19. Force Majeure

Pharmagen Recruit shall not be liable for delays or failures caused by events beyond its reasonable control, including but not limited to governmental actions, labor shortages, natural disasters, internet outages, pandemics, civil unrest, or similar events.

20. Dispute Resolution

Any dispute arising under this Agreement shall first be submitted to good-faith mediation.

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in the jurisdiction designated by Pharmagen Recruit.

21. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws designated by Pharmagen Recruit in the applicable Service Agreement.

22. Electronic Signatures

Electronic signatures shall be deemed valid and enforceable to the fullest extent permitted by law.

23. Term and Termination

This Agreement shall remain in effect on a rolling basis until terminated by either party.

Either party may terminate this Agreement by providing thirty (30) calendar days written notice to the other party.

Pharmagen Recruit may terminate this Agreement immediately and without notice in the event of:

Non-payment or persistent late payment;
Material breach of the Non-Circumvention or Non-Solicitation clauses;
Any other material breach that is not remedied within ten (10) business days of written notice.

Upon termination, any employees currently on active assignment shall remain subject to the terms of their existing placement until the assignment concludes or an alternative arrangement is mutually agreed in writing. All payment obligations accrued prior to termination remain due and payable. The Non-Circumvention, Non-Solicitation, Confidentiality, and Candidate Ownership clauses survive termination.

24. Exclusivity

Unless otherwise agreed in writing, this Agreement is non-exclusive. The Client retains the right to engage other recruitment or staffing providers simultaneously. However, all candidates introduced by Pharmagen Recruit remain subject to the Candidate Ownership and Non-Circumvention clauses of this Agreement regardless of any concurrent engagement with other providers.

25. Credential Verification Disclaimer

Pharmagen Recruit conducts credential verification as part of its screening process. However, Pharmagen Recruit does not warrant or guarantee the accuracy, completeness, or continued validity of any candidate's qualifications, licences, registrations, or representations.

The Client is solely responsible for conducting any additional verification required by applicable law, regulatory bodies, or internal policy prior to assigning clinical or operational responsibilities to any placed employee.

26. Amendment

Pharmagen Recruit reserves the right to amend these Terms & Conditions at any time by providing thirty (30) calendar days written notice to the Client. Continued engagement with Pharmagen Recruit following such notice shall constitute acceptance of the amended terms.

No amendment proposed by the Client shall be binding unless expressly accepted in writing by an authorised representative of Pharmagen Recruit.

27. Notices

All formal notices under this Agreement shall be delivered in writing via email to the registered contact address of the receiving party, or via the Pharmagen Recruit portal where applicable. Notices sent by email shall be deemed received on the next business day following transmission, provided no delivery failure is returned.

28. Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

29. Waiver

No failure or delay by Pharmagen Recruit in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any breach shall not be construed as a waiver of any subsequent breach of the same or any other provision.

30. Data Protection and Privacy

Pharmagen Recruit collects and processes Client data — including company name, authorised contact details, billing information, and job requirements — solely for the purpose of delivering the recruitment and workforce management services described in this Agreement.

Third-party processors: Client data is processed through Supabase (database and authentication infrastructure), Cloudflare (hosting and content delivery), and Resend (transactional email). These providers operate under their own data protection commitments and are located in jurisdictions with adequate data protection standards.

Data retention: Client account and contact data is retained for the duration of the active engagement. Financial records, invoices, and payroll documentation are retained for a minimum of seven (7) years following termination of the Agreement, as required by applicable accounting and tax obligations. Upon written request following termination, Pharmagen Recruit will purge non-essential Client personal data within thirty (30) calendar days.

Candidate data handled by the Client: The Client acknowledges that any candidate personal data shared by Pharmagen Recruit — including CVs, contact details, professional records, and compensation information — is shared strictly for the purpose of evaluating and managing the placement. The Client agrees to handle all such data in compliance with applicable data protection laws, including but not limited to GDPR, HIPAA, PHIPA, and PIPEDA where applicable, and to delete it upon request or upon conclusion of the relevant placement.

Data breach: In the event of a confirmed data breach affecting Client data held by Pharmagen Recruit, Pharmagen Recruit will notify the Client within seventy-two (72) hours of becoming aware of the incident and will cooperate in good faith with any reasonable investigation.

For data-related requests, contact: [email protected].

31. Entire Agreement

These Terms & Conditions, together with any Service Agreement, Statement of Work, Assignment Agreement, or related documents executed between the parties, constitute the entire agreement between the Client and Pharmagen Recruit.

Employee Terms & Conditions — Pharmagen Recruit

1. Introduction

These Employee Terms & Conditions ("Agreement") govern the relationship between Pharmagen Recruit ("Company") and the healthcare professional, contractor, consultant, or employee ("Employee").

By accepting employment, assignment, placement, or services through Pharmagen Recruit, the Employee agrees to be bound by these Terms & Conditions.

Definitions: Throughout this Agreement, the term "Employee" refers to the candidate — the healthcare professional registered on the Pharmagen Recruit platform who is placed with a Client. The term "Client" refers to the employer — the company or organisation engaging Pharmagen Recruit's services.

2. Nature of Engagement

The Employee acknowledges that Pharmagen Recruit provides workforce management, recruitment, payroll administration, onboarding, staffing, and employment support services.

The Employee agrees that the engagement is contractual in nature and does not create any guarantee of permanent employment, fixed-term employment, continued assignments, tenure, or future placements.

Assignment availability depends upon client demand, performance, business requirements, regulatory compliance, and operational needs.

3. Probation Period

All new placements are subject to a ninety (90) day probationary period.

During the probation period, Pharmagen Recruit may terminate the engagement immediately based on client/Employer feedback.

4. Minimum Service Commitment

The Employee agrees to remain actively engaged in the assigned role for a minimum period of six (6) months from the commencement date.

The Employee acknowledges that Pharmagen Recruit incurs substantial recruitment, onboarding, training, credential verification, and placement costs.

Should the Employee voluntarily terminate the engagement before six (6) months without lawful cause, Pharmagen Recruit reserves the right to seek recovery of reasonable onboarding, training, recruitment, and administrative expenses, assumedly totalling one month of employee salary.

5. Notice of Termination

The Employee must provide a minimum of forty-five (45) calendar days written notice before terminating the engagement, provided the six-month initial period has been successfully commenced.

Pharmagen Recruit shall provide forty-five (45) calendar days written notice before terminating the engagement, except in cases involving misconduct, regulatory violations, fraud, breach of confidentiality, client complaints, abandonment of duties, or other grounds permitting immediate termination.

6. Compensation

Employee compensation shall be governed by the applicable Employment Agreement, Service Agreement, Offer Letter, or Assignment Agreement.

The Employee acknowledges that Pharmagen Recruit or its client/employer retains administrative, recruitment, payroll management, compliance, workforce management, and servicing fees from client contracts.

The Employee shall have no claim to fees retained by Pharmagen Recruit or its client/Employer.

7. Payroll Administration

The Employee acknowledges that Pharmagen Recruit manages payroll administration and related workforce services.

Payments shall be made according to the agreed payroll schedule and only after confirmation of approved working hours where applicable.

8. Taxes and Statutory Obligations

Unless otherwise required by law or expressly agreed in writing, the Employee is solely responsible for their own tax filings, social security obligations, pension contributions, insurance obligations, healthcare contributions, and similar statutory requirements.

9. End-of-Service Benefits

Except where required by applicable law or specifically agreed in writing, the Employee shall not be entitled to severance pay, gratuity, retirement benefits, end-of-service indemnities, commissions, bonuses, or similar payments upon termination.

10. Assignment Changes

Pharmagen Recruit reserves the right to assign, transfer, reassign, or replace Employee assignments, clients, schedules, projects, departments, or responsibilities based on operational requirements.

11. Professional Licenses and Certifications

Employees are responsible for maintaining all licenses, certifications, registrations, permits, and professional qualifications required for their role.

Any suspension, restriction, investigation, disciplinary action, or revocation affecting professional credentials must be reported immediately.

Failure to maintain required credentials may result in immediate termination.

12. Background Verification

The Employee authorizes Pharmagen Recruit to conduct and verify:

Educational qualifications
Professional licenses
Employment history
Professional references
Criminal background checks where permitted by law
Credential verification

False information may result in immediate termination.

13. Confidentiality

The Employee shall maintain strict confidentiality regarding:

Patient information
Medical records
Client information
Business operations
Pricing
Payroll information
Candidate information
Internal procedures
Databases
Training materials
Proprietary information

Confidentiality obligations survive termination indefinitely.

14. Data Privacy Compliance

The Employee agrees to comply with all applicable healthcare privacy laws including but not limited to HIPAA, PHIPA, PIPEDA, and applicable privacy legislation.

Unauthorized disclosure of confidential information may result in immediate termination and legal action.

15. Non-Circumvention

The Employee shall not directly or indirectly:

Accept employment with a Client introduced by Pharmagen Recruit;
Contract directly with a Client introduced by Pharmagen Recruit;
Provide consulting services outside the Pharmagen Recruit arrangement to a client/employer introduced by Pharmagen Recruit;
Assist any third party in avoiding Pharmagen Recruit fees.

This restriction remains in force during the engagement and for twelve (12) months following termination.

16. Non-Solicitation

The Employee shall not solicit, recruit, hire, or encourage any Pharmagen Recruit employee, contractor, recruiter, or candidate to terminate their relationship with Pharmagen Recruit for twelve (12) months following termination.

17. Intellectual Property

All reports, documentation, templates, processes, procedures, records, work products, databases, communications, and deliverables created during the engagement belong exclusively to Pharmagen Recruit or the Client as applicable.

18. Company Property

All systems access, software, credentials, documents, devices, records, and materials provided by Pharmagen Recruit remain Company property and must be returned immediately upon request.

19. Healthcare Compliance

Employees shall comply with all applicable healthcare regulations, ethical standards, licensing requirements, patient confidentiality obligations, and professional conduct requirements.

20. Limitation of Liability

Pharmagen Recruit acts solely as a recruitment, workforce management, and payroll administration provider.

The Company shall not be liable for disputes arising between Employees and Clients relating to workplace management, scheduling, supervision, disciplinary actions, or termination decisions made by Clients.

21. Dispute Resolution

Any dispute arising from this Agreement shall first be submitted to mediation.

If mediation fails, disputes shall be resolved through binding arbitration in the jurisdiction designated by Pharmagen Recruit.

22. Governing Law

This Agreement shall be governed by the laws specified in the applicable Employment Agreement, Assignment Agreement, or Service Agreement.

23. Electronic Signatures

Electronic signatures shall have the same legal effect as original signatures.

25. Code of Conduct and Professional Standards

The Employee agrees to conduct themselves in a professional, ethical, and respectful manner at all times when representing Pharmagen Recruit or serving a Client.

The following are grounds for immediate termination without notice:

Dishonesty, fraud, or misrepresentation to Pharmagen Recruit or a Client;
Harassment, discrimination, or abusive conduct toward patients, colleagues, or Client staff;
Unauthorised disclosure of confidential or patient information;
Gross negligence or wilful misconduct in the performance of duties;
Abandonment of duties without notice;
Any act that brings Pharmagen Recruit or the Client into disrepute.

26. Conflict of Interest and Other Employment

The Employee must disclose to Pharmagen Recruit any existing or prospective employment, consulting engagement, or professional commitment that may conflict with their assigned role, affect their availability, or compromise patient safety or Client confidentiality.

Pharmagen Recruit reserves the right to review any disclosed concurrent engagement and, where a material conflict is identified, to require the Employee to resolve it as a condition of continued placement.

In healthcare roles, the Employee acknowledges that maintaining adequate rest and avoiding overcommitment is a professional and patient safety obligation, and agrees not to accept additional work that would compromise their fitness for duty.

27. Amendment

Pharmagen Recruit reserves the right to amend these Terms & Conditions at any time by providing thirty (30) calendar days written notice to the Employee. Continued engagement following such notice shall constitute acceptance of the amended terms.

28. Notices

All formal notices under this Agreement shall be delivered in writing via email to the Employee's registered address, or via the Pharmagen Recruit portal. Notices sent by email shall be deemed received on the next business day following transmission, provided no delivery failure is returned.

29. Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

30. Waiver

No failure or delay by Pharmagen Recruit in exercising any right under this Agreement shall constitute a waiver of that right. A waiver of any breach shall not be construed as a waiver of any subsequent breach of the same or any other provision.

31. Data Protection, Privacy, and Deletion

Pharmagen Recruit collects and processes the following categories of personal data from Employees and candidates:

Identity and contact information (name, email address, phone number, location);
Professional information (CV, work history, qualifications, certifications, professional licences);
Video profile and job-specific video submissions;
Application history, interview records, and recruiter notes;
Support communications submitted via the portal;
Background verification results where applicable.

Purpose: This data is used exclusively to facilitate recruitment, credential verification, candidate placement, payroll administration, and ongoing employment support.

Data sharing: Your professional profile and application materials will be shared with prospective Client employers as part of the placement process. You will be informed before your profile is presented to any Client. Data is not sold to third parties.

Third-party processors: Personal data is processed through Supabase (database and authentication), Cloudflare (hosting and content delivery), and Resend (transactional email). These providers operate under their own data protection commitments.

Data retention: Active account data is retained for the duration of your engagement with Pharmagen Recruit. Payroll records and financial documentation are retained for a minimum of seven (7) years following the end of an engagement, as required by applicable tax and accounting law. After this period, such records are securely deleted or anonymised.

Account deletion: You may delete your account at any time via the "Delete Account" option in your portal profile. Upon deletion, your personal identifiers, CV, video submissions, and profile data are permanently purged from Pharmagen Recruit's systems within thirty (30) calendar days. Application history and interview records associated with your account are also deleted. Anonymised, non-identifiable aggregate data may be retained for operational reporting. Payroll and financial records are retained only as required by law and are held separately from your personal profile.

Right to access and erasure: You have the right to request a copy of the personal data Pharmagen Recruit holds about you, or to request its deletion, at any time — including after account deletion — by contacting [email protected]. Pharmagen Recruit will respond within thirty (30) calendar days.

Data breach: In the event of a confirmed data breach affecting your personal data, Pharmagen Recruit will notify you within seventy-two (72) hours of becoming aware of the incident.

GDPR and international privacy rights: If you are located in the European Economic Area, United Kingdom, or another jurisdiction with applicable data protection legislation, you retain all rights afforded to you under that legislation, including the right to lodge a complaint with the relevant supervisory authority.

32. Entire Agreement

These Terms & Conditions form part of the complete agreement between the Employee and Pharmagen Recruit. In the event of any conflict between these Terms & Conditions and an individual Employment Agreement, Offer Letter, or Assignment Agreement, the specific terms of the individual agreement shall prevail to the extent of the conflict.