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Terms and Conditions 1.1 These terms and conditions apply to all transactions carried on between the Business and the Client, in respect of Candidates employed on a permanent basis, unless the Client is advised in writing by a Director of the Business of any additions, alterations or substitutions.
2.1 Salary Package For the purposes of this agreement the salary package is defined as annual base salary
2.2 Fee Payment Schedule Fees are payable on receipt of invoice. 3. Advertising & Interviewing Expenses 3.1 Where an assignment is advertised on behalf of a Client, all prior agreed costs as set out in the assignment proposal, associated with the placement and production of the advertisement, will be at the cost of the Client and they will be booked and invoiced to the Client direct.
3.2 All reasonable and prior agreed costs incurred by the Candidate attending an interview will be payable by the Client. The Business will issue the Client an invoice of costs to be paid by the Client within 7 days of invoice. 4. Payments 4.1 The Client will pay all fees and charges in accordance with the terms of payment shown on the Business's invoice. Where fees are paid outside the Business's terms, the Client will forfeit any claim under Clause 6 of these Terms and Conditions. In the event of non-payment, the Business reserves the right to charge interest at a flat rate of 2% per month on unpaid invoices from the due date to the receipt of payment. A Debt Recovery Fee of 10% of the invoice value should the Business be forced to take legal action to recover the debt. The Business will also be entitled to claim Court Costs and any associated legal fees and charges. 4.2 Any legal matter arising out of non-payment of any invoice will be dealt with in accordance with VIC Law and will commence and conclude within the jurisdiction of VIC Courts.
4.3 All fees and charges will be invoiced in Australian dollars and are to be paid in Australian dollars.
4.4 Any fees or charges payable under these terms and conditions will be exclusive of Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999.
5.1 In the event that a Candidate introduced by the Business is rejected by the Client or the Candidate rejects an offer of employment by the Client and is subsequently employed by the Client within twelve (12) months of the original interview date, the Client will pay a fee to the Business in accordance with its normal scale of fees applicable at the time of the initial assignment. Such placement will not attract a guarantee period. 5.2 In the event that the Client introduces a Candidate, originally introduced to the Client by the Business, to a third party, resulting in the engagement of the Candidate within twelve (12) months of the original interview date by that third party, then the Client is liable to pay a fee to the Business in accordance with its normal scale of fees current at the date of engagement. Such placement will not attract a guarantee period.
6. Guarantee 6.1 In the event that either the Candidate or the Client terminates the engagement within three (3) months of the date upon which the Candidate commences employment with the Client, and provided that: (a) the Client or any subsidiary or any business whatsoever associated with the Client does not engage the Candidate within twelve (12) months of the date of termination; (b) the Client within seven (7) days notifies the Business, in writing of the termination of engagement of the candidate; (c) the termination is not due to redundancy or other business rationalization including takeover, change in job description or closure of business; and; (d) all fees due to the Business have been paid by the Client in accordance with these Terms and Conditions; then, the Business will endeavor to find a replacement employee from the original short listed candidates, at no additional cost on the same terms and conditions as the original position. Any extra recruitment expenses, refer Clause 3, such as advertising are not included in the replacement guarantee. 7. Reference Checking and Suitability 7.1 The Business will endeavor to ensure that Candidates introduced to the Client are, appropriate given the assignment brief provided by the Client. However, the Business will not be liable for any untrue statements or misrepresentations made by the Candidate or for the accuracy or offered prior to engaging the Candidate.
8.1 The Business will not be liable to the Client for any loss, damage or expense suffered by the Client resulting from the acts or omissions of a Candidate or from any delay or failure by the Business to refer a Candidate to the Client. 8.2 The Client indemnifies the Business against any loss, damage or expenses suffered by the Business arising from the referral of or any acts or omissions of, any Candidate.
9.1 All information in respect of a Candidate is confidential information provided to the Client for the sole purpose of enabling the Client to determine the suitability of a Candidate for employment. The Client will keep such information confidential and will not use it for any other purpose other than the purpose for which it was sent in accordance with the Privacy Act 2001.
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