Company : Dansoon Chemicals Sdn Bhd

Jalan Nilai 3/10, Kawasan Perindustrian Nilai 3, 71800 Nilai, Negeri

Sembilan
Attention : Mr.Kelvin Teoh
Contact Number : +6016 – 337 8238
Email : [email protected]
Date : 17 December 2020

Terms of Business: Permanent Placement

Agensi Pekerjaan A S K Resources Sdn. Bhd. (hereinafter referred to as “ASK”) is pleased to

offer its professional recruitment services to Dansoon Chemicals Sdn Bhd (hereinafter
referred to as “Client”).

Please take your time to review the Terms of Business as stipulated below.

1. Commencement and Validity

Upon your confirmation of the Terms of Business (by executing this Terms of Business and
forwarding this document to us) together with our receipt of the job specifications and
requirements, we will commence our recruitment services. This Terms of Business will
supersede any earlier Terms of Business / Agreement that ASK had (if any) with the Client.

This Terms of Business is valid for a period of two (2) years from the date of signing by the
Client unless termina-ted by either party prior to said date by giving the other party one (1)
month's written notice. However, should neither party so terminate the Agreement by the
two (2) year period, the Terms of Business shall be renewed automatically for a further
indefinite period upon the same terms and conditions as herein existing wherein either
party may terminate the Terms of Business by giving the other party one (1) month's
written notice.

No variation shall be made to these terms and conditions during the subsistence of this
Terms of Business unless it is in writing and with the mutual consent of all parties.
Upon said consent being obtained, ASK is to forward a fresh Terms of Business to the Client
for execution and subsequent return with terms and conditions unchanged save for those
which have been varied.
Agensi Pekerjaan A S K Resources Sdn. Bhd. (829304-K)
No.13B, Jalan Kenari 7, Bandar Puchong Jaya, 47100 Puchong, Selangor
Tel: 03-8070 8422 Fax: 03-8070 9592 Email: [email protected]
www.askresources.com.my | www.facebook.com/askemployment
2. Recruitment Fee

ASK will source suitably qualified Candidates at its own cost to meet Client’s needs and
requirements. ASK will endeavor to deliver the candidates’ profile at the desired timeline
requested by our Client.

The following is the recruitment fee for the successful placement of candidate with
the Client:

Minimum Fees – RM2,400 or fees structure as per below table, whichever higher.
Recruitment Fee Annual Gross Salary Guarantee Period
12% Below RM72,000 30 days
16% RM72,000 – RM119,999 60 days
20% RM120,000 & above 90 days
21% Foreign Language Talents 90 days

a) A onetime placement fee will be charged once the selected Candidate commences
employment with the Client.
b) Annual gross salary consists of monthly basic salary, fixed monthly allowance,
contractual bonus or sign-on bonus (if any). If a company car and/or
accommodation/housing is provided, ASK will add a flat income rate of RM12,000
and/or RM24,000 respectively to the annual gross salary.
c) The candidates are introduced in relation to permanent job assignments. Should a
candidate be engaged in any other capacity or on any other basis inclusive but not
limited to contract or temporary assignment, the same fee will be payable as if the
candidate had been employed on permanent basis on the most favorable terms
offered to the candidate for permanent employment where in such case the success
fee shall be based on annual gross salary earned (calculated on a twelve (12) month
basis) during said employment irrespective of duration of actual employment which
shall include any duration of less than twelve (12) months.
d) The recruitment fee is subject to 6% Sales & Service Tax (until further notice subject
to the prevailing rate or relevant tax imposed by the government at the designated
time).
e) If the salary offered is not in Ringgit Malaysia (RM), the recruitment fee indicated
above shall be converted to Ringgit Malaysia on the date the candidate commences
his/her employment for the purpose of calculating the recruitment fee.

Agensi Pekerjaan A S K Resources Sdn. Bhd. (829304-K)

No.13B, Jalan Kenari 7, Bandar Puchong Jaya, 47100 Puchong, Selangor
Tel: 03-8070 8422 Fax: 03-8070 9592 Email: [email protected]
www.askresources.com.my | www.facebook.com/askemployment
 3. Guarantee Period and Replacement Policy
a) The guarantee period shall be calculated from the date of commencement of the
successful candidate to the last working day of the candidate which is inclusive of the
official resignation notice unless stated otherwise. Guarantee will only apply if
payment is received within the agreed stipulated payment terms in this agreement.

b) Should the candidate voluntarily leave the job during the guarantee period, ASK will
either replace one (1) Candidate or refund the Client 50% of the fees if a suitable
replacement candidate is not identified within three (3) months from the official date
of notification from the Client on the replacement request.

c) The guarantee is valid up to one (1) replacement only and for the similar position.

d) In the event the replacement candidate is offered a higher salary than the previous
candidate, the Client shall pay the difference in fees resulting from the higher fee
computed based on the replacement candidate’s higher salary. ASK will reimburse
the Client any difference in fees resulting from the replacement candidate’s salary
being lower than the original candidate’s salary.

e) The replacement guarantee is not valid if the candidate is retrenched due to business
closure, being terminated, Client takeover or any circumstances beyond ASK’s
control.

f) Should the Client decide not to pursue a replacement search for any reasons
whatsoever, 25% refund or rebate will be provided.

g) The replacement guarantee will not be applicable to all direct or indirect contract
employees whom are sourced by ASK and converted by the Client to a permanent
position.

4. Other Obligation
There shall be no financial obligations on the Client’s part if the candidate placement is not
successful. However, should the Client defer the hiring decision and the recommended
candidate from ASK is hired by the Client and/or any related company and/or subsidiary of
the Client and/or any other third party or company connected with the Client and/or its
employees or officers in any manner whatsoever within twelve (12) months from the
referral date, ASK will revert invoice back to the Client accordingly.

Agensi Pekerjaan A S K Resources Sdn. Bhd. (829304-K)

No.13B, Jalan Kenari 7, Bandar Puchong Jaya, 47100 Puchong, Selangor
Tel: 03-8070 8422 Fax: 03-8070 9592 Email: [email protected]
www.askresources.com.my | www.facebook.com/askemployment
5. Responsibility & Liability of the Client
a) The Client is bound to provide ASK with a signed copy of the candidate’s employment
contract. This serves as documentation for ASK billing and audit purposes.

b) The Client is bound to inform ASK of any appointment made as a result of its
recommendation and search services. If such bona fide disclosure is deliberately
withheld, ASK may take legal measures to recover any monies due to it, namely unpaid
recruitment fees.

6. Terms of Payment
Payable within thirty (30) days from the date of invoice. A late payment charge will
be levied on overdue invoices, calculated on a daily basis at 2.0% per month on the
amount due from the date due to the date when payment is received.

7. Confidential / Non-Disclosure
ASK will maintain full confidentiality in the management of business process for the Client
and shall maintain the confidentiality of the terms and conditions of this Terms of Business
and all the Client’s confidential information disclosed pursuant to this Terms of Business.
ASK shall take all reasonable steps to prevent misuse of information, its contents and
database for any form of commercial gain for company, self or third party without prior
written consent of the Client.

8. Personal Data Protection Act 2010

ASK shall comply with its obligations under the applicable data protection laws including,
without limitation, the Personal Data Protection Act 2010 (PDPA), in connection with our
recruitment services it provides for the Client when it stores, processes and/or transfers
any personal data to which data protection laws apply. In relation to the Client's personal
data, it is further agreed by ASK that it will comply with any applicable legislation relating to
protection of personal data and/or Client's information, including, without limitation, the
PDPA. ASK confirms that it has obtained all legally required authorizations and/or consents
for use, process and/or storage of personal data and/or for the transfer of any personal
data (as defined under the PDPA).

9. Variation of Terms
No variation shall be made to these terms and conditions during the subsistence of this
Agreement unless it is in writing and with the mutual consent of all parties.

Agensi Pekerjaan A S K Resources Sdn. Bhd. (829304-K)

No.13B, Jalan Kenari 7, Bandar Puchong Jaya, 47100 Puchong, Selangor
Tel: 03-8070 8422 Fax: 03-8070 9592 Email: [email protected]
www.askresources.com.my | www.facebook.com/askemployment
10.Successors Bound
This Agreement shall be binding upon their respective successors-in-title and
permitted assigns of the parties hereto.

This Agreement shall be governed and construed according to the laws of Malaysia.

Please be assured of our service at all times and we look forward to working with you on the
recruitment assignment.

Thank you.
I hereby understand and accept the above
terms and conditions of the Terms of Business.
Yours sincerely,
……………………………………………
Kelvin Name:
Designation:
Date:
Kelvin Chan Company Stamp:
Consulting Manager

*The Client undertakes and confirms that all relevant approvals and/or
resolutions have been obtained and that the Client is fully authorized to
enter into this Agreement and undertakes to forward the same to ASK
for perusal.

Agensi Pekerjaan A S K Resources Sdn. Bhd. (829304-K)

No.13B, Jalan Kenari 7, Bandar Puchong Jaya, 47100 Puchong, Selangor
Tel: 03-8070 8422 Fax: 03-8070 9592 Email: [email protected]
www.askresources.com.my | www.facebook.com/askemployment