1.  Acceptance of Terms and Conditions

1.1 The Client accepts this Service Agreement by authorising the Agreement, providing The Agency with a Job Description (JD), requesting recruitment services, receiving a Candidate profile, arranging an interview, or engaging a Candidate connected by The Agency.

​

2.  Agency Material

2.1 All resumes, shortlists, candidate profiles, advertisements, marketing and other materials prepared by the Agency remain the Agency’s property and must not be copied, distributed or reused without written consent.

 

3. Permanent Recruitment

3.1  A non-refundable Launch Fee of 20% of the estimated Placement Fee is invoiced at Job Launch. If the Agency fails to present a qualified shortlist within 21 days, this fee will be converted into a 3-month service credit for another role. Upon successful placement, the Launch Fee is credited against the final invoice.

If the JD or requirements materially change after a Job Launch, a new Job Launch is required.

​

3.2 The Client agrees to a minimum 60-day exclusive recruitment period from Job Launch. During this period, the Client will not engage another agency, advertise the position directly, or undertake recruitment through its representatives. If the position is cancelled after Job Launch, a Cancellation Fee equal to the Launch Fee applies.

 

4. Placement

4.1 The Client authorises The Agency to present the offer details through a Placement Template Authority (PTA). Within 24 hours of the PTA, the Client must provide the relevant employment contract for formal acceptance by The Candidate.

​

4.2 A “Placement” occurs when The Candidate formally accepts The Client’s written offer or employment contract.

4.3 If The Candidate is known by The Client prior to connection, The Client must provide dated, written proof of active communication with The Candidate within the previous 30 days. This must be provided within 48 hours of connection; otherwise, standard Placement Terms and Fees apply for 12 months from the date of connection.

4.4 If The Client initiates direct or indirect contact with a Candidate after connection, and employs them in any capacity, the Placement Fee applies.  If a Candidate initiates direct or indirect contact with The Client after connection, and they are employed in any capacity, the Placement Fee applies.

4.5 If a Candidate recommended by The Agency is not employed by The Client but refers another individual who is hired, or if The Client refers The Candidate to an associated company that hires The Candidate within 12 months of the original connection, The Client remains liable for the Placement Fee.

4.6 If The Client provides a list of candidates to be head-hunted by The Agency and a candidate from that list is hired, the Placement Fee applies.

 

5. FEES – permanent recruitment

5.1 Fees exclude GST and are invoiced once Placement occurs.  Psychometric testing, police checks, and medicals are facilitated at the Client's cost.

5.2 Fees are calculated on The Candidate’s agreed full-time equivalent (FTE) annualised remuneration package, including base salary, superannuation and applicable tools or allowances.

5.3 Where higher remuneration has been discussed, agreed or is expected at the time of Placement, including an increase during or following probation, the Placement Fee will be calculated using the higher remuneration package.

5.4 The Client must disclose any remuneration arrangement or increase agreed with The Candidate that affects the Placement Fee. If higher remuneration is identified after invoicing, The Agency may recalculate the Placement Fee and invoice the difference, payable within 7 days.

5.5 The Client must not structure, defer or otherwise alter a Candidate’s remuneration for the purpose of reducing the Placement Fee.

5.6 Placement Fees are non-refundable.

​

6. PERMANENT FEE SCHEDULE

​

Annual FTE Salary            Fee                 Guarantee

$0 - $100,000                    10%                 10 weeks

$100,001 - $200,000          12%                 12 weeks

$200,001+                          14%                 14 weeks

​

e.g. $75,000 + 12% Super [$84,000] = $8,400 + GST

​

7. Replacement Guarantee

7.1 The Replacement Guarantee is activated upon payment of the Placement Invoice within the agreed payment terms. The applicable guarantee period specified in the Fee Schedule is calculated from The Candidate's commencement date.

7.2 If The Candidate does not commence, or their employment ends during the Replacement Guarantee period, The Client is entitled to one free replacement for a substantially similar role, provided the Placement Invoice was paid within the agreed payment terms. The Replacement Guarantee applies once only.

7.3 Material changes to the role, duties, remuneration or location void the Replacement Guarantee.

7.4 Late payment voids the Replacement Guarantee.

7.5 If The Client withdraws the position after the Placement Invoice is issued, the invoice remains payable and the Replacement Guarantee no longer applies.

7.6 The Replacement Guarantee does not apply where employment ends for reasons unrelated to the Candidate’s performance or suitability, including redundancy, restructuring, pregnancy, family circumstances or health conditions.

 

8. Fees - Temporary & Contract Recruitment

8.1 Charge rates include The Candidate’s Hourly Pay Rate, Statutory On-Costs (including superannuation, payroll tax, workers' compensation and leave) and The Agency Service Margin.

8.2 A Temp/Contractor Schedule outlining the assignment details will be provided separately and forms part of this Service Agreement.

8.3 Timesheets must be approved by The Client and Candidate. Invoices are issued weekly and payable within 7 days.

8.4 If The Client directly employs a Temp/Contractor, the Placement Fee will be calculated in accordance with the Permanent Recruitment Fees, less 20%.

8.5 Replacement Guarantees do not apply to direct conversions.

 

9. Consulting & Project Services

9.1 Consulting & Project (C&P) Services may be requested and agreed between The Client and The Agency as required. Services will be confirmed in a separate Schedule and invoiced either upfront or weekly in arrears, regardless of any Placement outcome.

9.2 All C&P services are invoiced excluding GST.

​

10. Privacy and Confidentiality

10.1 Candidate information is strictly confidential and must not be shared within or outside The Client’s organisation without The Agency’s permission.

10.2 Direct reference checking of a Candidate by The Client is prohibited without The Agency’s approval. The Agency is not liable for any impact on The Candidate or their current employment resulting from an unauthorised reference check.

 

11. Intellectual Property

11.1 All materials, data, shortlists and marketing content developed by The Agency remain The Agency’s Intellectual Property.

11.2 Unauthorised use, distribution or reuse of Agency Intellectual Property by The Client or its associates may be charged at the applicable Consulting & Project Service rates.

 

12. Job Description and Liability

12.1 The Agency screens Candidates against the Job Description (JD) provided by The Client. Where no JD is provided, The Agency is not responsible for requirements that were not disclosed.

12.2 Material changes to the JD after Job Launch require a new Job Launch and Launch Fee.

12.3 The Client is responsible for satisfying itself as to The Candidate’s suitability before engagement. To the extent permitted by law, The Agency is not liable for a Candidate’s conduct, performance or negligence after engagement.

 

13. Payment Terms

13.1 Payment terms are seven (7) days. Payment within terms is required to activate the Replacement Guarantee. Late payment voids the Replacement Guarantee.

13.2 Invoices unpaid after 7 days remain payable. The Client agrees to indemnify the Agency for all third-party debt collection and legal costs incurred to recover outstanding amounts.

13.3 Invoice queries must be raised in writing within 5 days of the invoice date. A query or dispute does not entitle The Client to withhold or reduce payment of the invoiced amount.

​

​

​

​

​

​