SmartUse LLC (“SmartUse”) provides qualified, credentialed healthcare professionals (“Contracted Employees”) to Hiring Facilities on a temporary or per diem basis. This agreement governs the terms under which those placements are made, the obligations of both parties, and the conditions under which a Contracted Employee may transition to a permanent full-time (FT) position.
The Hiring Facility agrees that no Contracted Employee placed by SmartUse LLC shall be discriminated against, harassed, or treated adversely on the basis of race, color, national origin, religion, sex, gender identity or expression, sexual orientation, age, disability, veteran status, pregnancy, genetic information, or any other characteristic protected by applicable federal, state, or local law. This obligation applies to all aspects of the working relationship including assignment of duties, scheduling, access to facilities, workplace conduct, and any consideration for permanent employment. Violations of this policy are grounds for immediate termination of the staffing agreement.
If the Hiring Facility wishes to offer a Contracted Employee a permanent full-time position and that placement is facilitated through SmartUse LLC — including any situation where SmartUse actively recruits, presents, or negotiates the permanent offer on behalf of the employee — the Hiring Facility agrees to pay SmartUse LLC a placement fee equal to 20% of the employee’s first-year annual base salary or $15,000, whichever is greater. This fee is due within 30 days of the employee’s permanent start date and is non-refundable once the employee begins permanent employment.
If a Contracted Employee independently expresses willingness to transition to a permanent full-time position with the Hiring Facility — either during the active contract period or within 90 calendar days following the conclusion of their contracted hours — and the Hiring Facility extends and the employee accepts such an offer without SmartUse LLC facilitating the permanent placement, the Hiring Facility agrees to pay SmartUse LLC a conversion fee equal to 5% of the employee’s first-year annual base salary. This fee acknowledges SmartUse LLC’s role as the originating lead source for the hire. The fee is due within 30 days of the employee’s permanent start date.
| Placement Type | Fee | Due Date |
|---|---|---|
| SmartUse-Facilitated Permanent Hire |
20% of first-year base salary Minimum $15,000 — whichever is greater |
Within 30 days of permanent start date |
| Direct Conversion (during or within 90 days post-contract) | 5% of first-year base salary | Within 30 days of permanent start date |
| Payment Disclosure Requirement | |
|---|---|
| When required | Prior to submitting any staffing request or direct hire opportunity |
| What must be disclosed | Budgeted compensation rate — hourly, weekly, monthly, or annual salary |
| Applies to | Temporary contracts, per diem assignments, direct hires, and renewals |
| Consequence of non-disclosure | SmartUse LLC may delay or cancel the staffing request at its discretion |
Upon conversion to a permanent full-time position — regardless of whether the placement is facilitated by SmartUse LLC or initiated directly by the Hiring Facility — the hired employee must be made eligible for every benefit the Hiring Facility provides to its current permanent employees. This includes, but is not limited to, health insurance (medical, dental, and vision), retirement or 401(k) plans, paid time off (PTO), sick leave, holiday pay, continuing education benefits, and any other standard employee benefit programs. No benefit available to existing permanent staff may be withheld from a converted Contracted Employee solely on the basis of their prior contract status.
The Hiring Facility agrees to notify SmartUse LLC in writing within 5 business days of extending any permanent employment offer to a Contracted Employee, whether during or within 90 days post-contract. Failure to provide timely notification does not waive SmartUse LLC’s right to collect the applicable placement or conversion fee.
Prior to submitting any staffing request — whether for a temporary contract, per diem assignment, or direct hire — the Hiring Facility is required to disclose in writing the budgeted compensation rate for the position. This disclosure must specify the pay structure as an hourly rate, weekly rate, monthly rate, or annual salary, depending on the nature of the engagement. SmartUse LLC will not process, fulfill, or present candidates for any staffing request or direct hire opportunity where compensation terms have not been disclosed in advance. This requirement applies equally to new contract requests and renewals. Failure to provide timely payment disclosure may result in delay or cancellation of the staffing request at SmartUse LLC’s discretion.
This agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Any disputes arising under this agreement shall be resolved through binding arbitration in the State of Ohio, unless otherwise agreed in writing by both parties.
By entering into a staffing agreement with SmartUse LLC, the Hiring Facility acknowledges that it has read, understood, and agrees to be bound by all terms set forth in this Contract Binding Agreement, including the non-discrimination policy, permanent placement fee schedule, benefits eligibility requirements, and the payment disclosure obligation requiring compensation rates to be provided in writing prior to any staffing request or direct hire.