Dental Office Terms & Conditions
By using Smile Dental Staffing (SDS), you (dental office) agree to the services and terms noted in this contractual agreement. Please read every line item carefully. Signature(s)/initial(s)/date are required. Every line item with initials/date/other signatures must be completed!
Equal Employment Opportunity Disclosure:
Smile Dental Staffing (SDS) will/does not discriminate in its referral of candidate(s) to dental practice(s). It is morally and ethically against the law to discriminate against an individual candidate based on sex, race, sexual orientation, religion, disability, or national origin. Therefore, dental office will not request Smile Dental Staffing (SDS) to send a candidate to dental office based upon these discriminatory characteristics. With that said, if a dental office is requesting a candidate with certain language skills, it may be necessary to place a candidate with those language skills in order to perform required services for that dental office. Therefore, language skills are considered a bona fide occupational qualification for those specific placements.
Qualifications of Applicants:
Smile Dental Staffing (SDS) interviews, screens and verifies licensing (if applicable) of all potential candidates. We will use our best efforts to assess each candidate(s) abilities and knowledge. However, Smile Dental Staffing has no way to guarantee a personality, skill match, and/or specific clinical knowledge between a candidate and dental practice. If a technically qualified candidate does not match with dental company/dental office, the dental office acknowledges and agrees it is still required to pay Smile Dental Staffing (SDS) fees as agreed upon and described on provided “Fee Schedule”. Smile Dental Staffing (SDS) DOES NOT provide background checks/search as part of our assessment/information gathering.
Smile Dental Staffing (SDS) is not responsible for any illegal, improper, and unethical acts performed by any temporary/ permanant candidate. Dental office is solely responsible for the management/disciplinary action of any referred candidate. Dental office is required to provide candidate clear explanation of their practice policies and procedures regarding office policy and ethical conduct. An employee handbook should be provided to all candidates upon hire by the dental practice.
Smile Dental Staffing (SDS) shall try its best efforts to find a candidate to meet the dental office for its practice. If a single candidate is not available for the entire duration of work requested by dental office, Smile Dental Staffing (SDS) will attempt to place the minimum number of candidates for assignment to facilitate minimal retraining of personnel. In the event a dental office needs to change or add additional work for candidate, Smile Dental Staffing (SDS) is to be notified immediately! Do not schedule a candidate for additional work without prior approval by smile dental staffing.
Solicitation of Assigned Workers:
All scheduling of candidates for temporary or permanent placement must be conducted directly through Smile Dental Staffing (SDS). The dental office is prohibited from calling and/or requesting additional days from candidates and/or offering a permanent position without consent and agreement from Smile Dental Staffing (SDS).
Should the dental office and/or any of its staff members send or refer any Smile Dental Staffing (SDS) candidate to another office, colleague, business partner and/or affiliate directly or indirectly for a temporary or permanent basis without consent, the dental office/professional will be responsible for all temporary/permanent fees incurred.
The Dental office is forbidden to contact or refer any Smile Dental Staffing (SDS) candidates without contacting our agency first. Should the dental office utilize Smile Dental Staffing candidate(s) without notifying our agency in advance, the dental office will be subject to no less than $200 penalty per incident plus the placement fees for any candidate who is hired by the third party.
Dental office agrees to pay all placement fees to Smile Dental Staffing (SDS) when the candidate is referred by our agency to your dental office (for temporary or permanent basis) after our company has sent candidate information to dental practice. Regardless if the dental office has worked with the candidate in the past, has the candidate(s) resume from other sources, and/or has interviewed candidate(s) prior to this agreement.
Dental office agrees that if any candidate provided by Smile Dental Staffing (SDS) is hired by dental practice within 365 days (12 months) of said referral or the last day a candidate has worked for dental practice due to a referral from our company, all applicable fees are due to Smile Dental Staffing (SDS) immediately.
Dental office understands it has a contractual duty to report any/all information related to hiring of any candidate(s) referred by Smile Dental Staffing (SDS). Smile Dental Staffing (SDS) is not required to ask for such information but rather it should be voluntarily and immediately provided by the dental office as to abide by the contracted fee agreement.
Smile Dental Staffing (SDS) candidates are forbidden to share their contact information (phone number/email) while working on a temporary assignment at your dental office. Any additional placement (temporary or permanent) of the candidate and all communication is done directly with Smile Dental Staffing (SDS). Furthermore, all candidate information provided through Smile Dental Staffing (SDS) to your dental practice must be kept confidential.
The suggested candidate wages are paid directly by the employer at the pre-arranged hourly or daily rate. Smile Dental Staffing (SDS) asks the dental office to pay the employee at the end of a working day or completed assignment in accordance with their office payroll schedule. A“Working interview” is considered a working day and therefore is subject to the “temporary placement fee schedule” and is paid directly by the dental office at the pre-arranged hourly/daily rate to the employee (please see fee schedule for detail).
Cancellation Policy:
If/when the dental office cancels a candidate after Smile Dental Staffing (SDS) has located and booked the candidate for the practice, the following cancellation fees apply for each confirmed day that is cancelled if notice is less than 48 hours. All cancellation notices must be in writing via email.
$100 per day for DA/Front office personnel
$150 per day for RDA/RDAEF
$200 per day for RDH/DDS
*A $100 general booking fee will apply if cancellation notice is within 49-72 hours in advance.*
“Fee for Service” Agreement:
Smile Dental Staffing (SDS) provides recruiting services on a “fee for service” basis to assist dental offices in finding dental personnel for temporary and permanent employment for their dental practice. Each candidate is a private individual who utilizes Smile Dental Staffing (SDS) to seek employment at a dental office. Smile Dental Staffing (SDS) is not an employment agency and does not employ any of the candidates it screens. Smile Dental Staffing (SDS) will provide information about the candidates it screens for appropriate educational, professional background and experience to best match your request.
Dental Office Agreement:
Your acceptance of referrals from Smile Dental Staffing (SDS) constitutes an agreement with this fee schedule and any/all applicable terms. The terms of this agreement will remain enforced indefinitely. The fee schedule is subject to change due to the cost to operate business increase.
Smile Dental Staffing “fee for service” is earned when a candidate utilizes our staffing services for placement in a dental office/professional. The daily placement fee and all other fees included in this agreement will be a standard amount charged by Smile Dental Staffing (SDS) to the dental office for all services rendered. Smile Dental Staffing maintains a standard fee schedule.
The full referral fee is due to Smile Dental Staffing (SDS) no more than 15 days from candidates start date. Subsequent charges will be notified via statements on the 1st and 15th of each month. Dental office understands that if it fails to make timely payment obligations to Smile Dental Staffing (SDS), it will incur a late fee charge of no less than $50.00 per day until balance is satisfied in full.
The dental office understands that if it fails to pay amounts owed to Smile Dental Staffing (SDS) in the past 60 days, candidates will no longer be provided to the practice. Regardless if Smile Dental Staffing (SDS) discontinues providing dental office candidates due to delinquency in payments, dental office is still obligated for rendered services, late fees, and all legal and financial obligations to Smile Dental Staffing (SDS). Smile Dental Staffing (SDS) will attempt to send a dental office to a collection agency if overdue payments are not received within 90 days.
The dental office acknowledges that it is obligated to pay Smile Dental Staffing for its services independent of any claims that a candidate violated office policies.
Liabilities:
Dental office will be the sole employer of any hired candidate referred by Smile Dental Staffing (SDS) and agrees to pay their salary, and any other compensation coverage including but not limited to worker’s compensation, legal obligations, and any applicable coverages.
The dental office agrees to pay the candidate all pre-arranged hourly/daily rates as noted in the suggested pay rates.
Dental office is solely responsible for all employment-related issues as it relates to candidates including but not limited to payroll and income reporting to state and federal agencies.
Dental office acknowledges that Smile Dental Staffing (SDS) does not employ any candidate, does not provide any employment benefit(s) program, does not provide insurance coverage, does not provide paid sick time or any other employment related service to the candidate. The dental office is responsible for all above.
The dental office is also responsible for the maintenance and enforcement of its office policies and protocols. The dental office is responsible for notifying candidates of all policies/protocols.
The dental office is responsible for training candidates on its own office policies and procedures.
The dental office MUST provide all necessary PPE and necessary equipment to candidates to ensure health and safety of employees. The dental office will follow all OSHA/HIPPA standards/procedures and ensure the candidate follows those standards of care. The dental office will re-train candidates if necessary.
Confidentiality/Privacy Agreement:
Confidential information is defined as any information found in the patient’s medical record, personal information, and/or work-related information (including salary information). All information relating to a patient’s care, treatment, and/or condition constitutes confidential information. This confidentiality policy also encompasses any trade secret(s), scientific and/or technical information developed by the practice or its personnel.
Applicants/Employer should never discuss a patient’s condition with any non-employee of the practice, friends, and/or family members. Confidential matters involving patients will not be discussed in areas where they might be overheard by other patients and/or other non employees of the practice.
Employment Relationship with SDS:
When a dental office is hiring a permanent candidate to work on specific days (E.G, 1-2 days) and the agreement is made with Smile Dental Staffing (SDS) for those specified days between the two parties, any additional days the candidate is requested to work will be charged as temporary placement fees. Should the dental office request additional agreed upon permanent days to hire candidates, which will then be adjusted and charged at the second tier of permanent placement (3+days). All referral fees are due in full payment even if hired.
Smile Dental Staffing (SDS) referral fee is independent of candidate cancellation, willingly leaving job, and/or altering work schedule hours/days.
Exclusive Responsibility:
Smile Dental Staffing (SDS) is not the employer of any candidate it refers to a dental office. Smile Dental Staffing (SDS) provides services on a “ referral fee basis” to assist dental offices in locating dental personnel/candidates for temporary and permanent employment by dental practice request. The dental office is exclusively responsible for all wages to employees. Dental office/professional agrees to hold Smile Dental Staffing (SDS) harmless for any/all claims, losses, damages, judgements, and any/all attorney fees that may be alleged against Smile Dental Staffing (SDS) in connection with but not limited to employment claims, wage claims, personal injury claims, discriminatory claims, property damage claims, criminal claims, investigative and dispute claims. If any clause or portion of this agreement is deemed invalid by a court of competent jurisdiction, the remainder hereof shall be given full force to the extent that doing so is consistent with its purpose. Any disputes arising from this agreement that cannot be resolved independently by Smile Dental Staffing (SDS) and dental office shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. Smile Dental Staffing (SDS) shall be entitled to collect from the dental office all costs and reasonable attorney’s fees incurred by Smile Dental Staffing (SDS) in connection with such litigation. This agreement constitutes the entire understanding between Smile Dental Staffing (SDS) and dental office regarding the subject matter and thus supersedes all prior agreements and can only be amended by signed/dated amendment/addendum of parties involved (Smile Dental Staffing (SDS) and the dental office).