Anti-Poaching Terms of Use

1. Purpose and Scope

These Anti-Poaching Terms establish clear guidelines to protect the professional relationships, investments, and intellectual capital that Recruten Consulting Limited ("Recruten") develops in the course of providing recruitment and human capital services.

These terms apply to all clients, candidates, and third parties who engage with or are presented through Recruten's services, including but not limited to Recrutar, graduate trainee programs, executive search, and talent acquisition services.

2. Definitions

3. Client Obligations

Clients who receive candidate presentations or participate in Recruten services agree to:

• Exclusive Engagement: Engage only through Recruten for any employment, consulting, or contracting arrangement with presented Candidates during the Protected Period
• Fee Obligation: Pay applicable placement or service fees for any hire, regardless of how the final contact was made, if the Candidate was originally presented by Recruten
• Third-Party Restrictions: Not share Candidate information with third parties who might recruit the Candidate without Recruten's involvement
• Related Positions: The restriction applies to hiring the Candidate for any position within the client organization, not just the originally specified role
• Group Companies: Restrictions extend to parent companies, subsidiaries, and affiliated entities of the client

4. Prohibited Activities

The following activities are strictly prohibited during the Protected Period:

• Direct contact with Candidates for employment purposes without going through Recruten
• Soliciting Candidates through social media, professional networks, or personal contacts
• Requesting Candidates to reapply through other channels to circumvent fees
• Sharing Candidate CVs or contact information with other recruiters or hiring managers
• Using information gained from Recruten presentations to identify and recruit similar candidates from the same organizations
• Engaging Candidates as consultants, contractors, or temporary workers to avoid placement fees

5. Graduate Trainee Programs

Special protections apply to candidates participating in Recruten's Graduate Trainee Programs and similar flagship initiatives:

• Extended Protected Period of 36 months from program completion
• Participants cannot be solicited for full-time employment during their training period
• Post-program hiring requires separate agreements and appropriate compensation to Recruten
• Organizations hosting trainees agree not to make employment offers during or immediately after placement

6. Candidate Responsibilities

Candidates presented by Recruten agree to:

• Inform clients that they were presented through Recruten if contacted directly
• Direct clients back to Recruten for proper engagement procedures
• Not circumvent Recruten's involvement to secure positions
• Maintain transparency about all contacts with client organizations

7. Fees and Financial Obligations

When a client hires a Candidate during the Protected Period:

• Placement Fee: Standard placement fee as per service agreement, typically 15-25% of first-year compensation
• Poaching Penalty: Additional penalty of 50-100% of standard placement fee if hired without proper engagement
• Program Costs: Reimbursement of training and development costs for candidates from structured programs
• Legal Costs: All legal fees and costs incurred in enforcing these terms

8. Exceptions

These restrictions do not apply when:

• The Candidate independently applies through public job postings without any solicitation, and the client had no knowledge of prior Recruten presentation
• The client and Recruten agree in writing to modified terms
• The Protected Period has expired
• The original service agreement explicitly provides different terms

Burden of Proof: The client bears the burden of proving any claimed exception applies.

9. Enforcement and Remedies

In the event of a breach of these Anti-Poaching Terms, Recruten reserves the right to:

• Demand immediate payment of all applicable fees and penalties
• Pursue legal action for breach of contract and damages
• Seek injunctive relief to prevent ongoing violations
• Terminate all ongoing service relationships
• Report violations to relevant professional bodies and industry associations
• Publish information about non-compliant clients (after legal resolution)

10. Dispute Resolution

Disputes arising from these terms shall be resolved through:

1. Good faith negotiation between parties within 14 days of notice
2. Mediation before a mutually agreed mediator if negotiation fails
3. Arbitration under Nigerian arbitration law if mediation is unsuccessful
4. Litigation in Lagos State courts as a final resort

11. Acknowledgment and Acceptance

By receiving Candidate presentations, participating in Recruten programs, or using Recruten services, you acknowledge that:

• You have read and understood these Anti-Poaching Terms
• You agree to be legally bound by these terms
• You will ensure compliance by all relevant parties in your organization
• You understand the financial and legal consequences of non-compliance

12. Governing Law

These Anti-Poaching Terms are governed by the laws of the Federal Republic of Nigeria and are subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

13. Contact and Compliance

For questions about these terms, to report potential violations, or to discuss specific situations, please contact: