Terms and Conditions of Business for the Supply of Permanent and Fixed Term Placements

1. Parties

These Terms and Conditions are between Intuitive Recruitment Pty Ltd (“Intuitive”) and the client. They specify the terms upon which we will provide recruitment services to the Client until new Terms and Conditions are agreed in writing.

2. Acceptance of Terms and Conditions

The Client agrees that it will be bound by these Terms and Conditions by: (i) Accepting the details of a Candidate from us; (ii) interviewing Candidates; (iii) Engaging or employing Candidates introduced to the Client by us; and/or (iv) Passing to any other person or organisation personal information pertaining to a Candidate introduced to the Client by us.

3. Variation of Terms and Conditions

No variation to these Terms and Conditions can be made without the written consent of a Director of Intuitive.

4. Interpretation

No variation to these Terms and Conditions can be made without the written consent of a Director of Intuitive.

4.1. “We”, “us” and “our”

means Intuitive Recruitment Pty Ltd

4.2. “You”, “yours” and “client”

includes the person or corporation (or any related entity) who enjoys the benefit of services supplied by us

4.3. “Employ” and “employment”

includes employment as an employee under a contract of services, and also includes engagement to work as an independent contractor under a contract for services.

4.4. “Annual Remuneration Package”

means the total of all moneys payable and benefits that an employed person may be entitled to: including without limitation on salary, guaranteed bonuses, commissions, profit sharing or other identifiable financial benefits. Employer provided motor vehicles will be deemed as having a value of AUD$15,000 per annum. Joining inducements, housing allowances and expatriate benefits will be deemed to be part of the remuneration package. Where bonuses are not guaranteed, two thirds of the likely bonus amount quoted by the Client will be the amount to be included in the calculation of the package

4.5. “Candidate”

means an individual introduced to the Client by us.

4.6. “Permanent”

means any person who has sought or obtained permanent employment with the Client through us.

4.7. “Fixed Term”

means any person who has sought or obtained employment through us, but who is directly engaged by the Client on a fixed term basis, and the Client takes responsibility for all payroll and other legislative requirements.

4.8. “Short List”

means a list of names and curriculum vitae of persons, who in our opinion the Client may consider suitable to interview for the relevant position.

4.9. “Standard Fee Structure”

means the relevant fee payable to us by the Client.

5. Introduction and Engagement of Candidates

5.1. Introductions are strictly confidential. We expect the Client to treat Candidate information as confidential.

5.2. Should an introduction result in the engagement of a Candidate by the Client or any related party (or by a third party to whom the client has referred that person), the Client will be liable for a fee calculated in accordance with the Standard Fee Structure.

5.3. The Client must notify us immediately after a Candidate who we have introduced to the Client accepts employment with the Client or a third party to whom the Client has referred that Candidate, the Client is required to provide to us with full details of the remuneration package agreed with that person.

6. Payment of Fees

6.1. In accordance with these Terms and Conditions, the Client agrees to pay to us the fees set out in the Standard Fee Schedule attached.

6.2. All fees are quoted in the Schedule. In addition to our fees the Client must also pay to us any relevant Business Tax.

6.3. The Client must pay to us the fees plus any Business Tax within fourteen (14) days from date of invoice. Where payment is not received within terms, we reserve the right to impose an interest charge for late payment, calculated on the basis of the Interest Rate set by the Reserve Bank of Australia, plus 2.5%.

6.4. Where instructions are given by the Client to us on a Retained basis and the Client subsequently terminate the instructions prior to Shortlist, the Initial Fee together with any advertising and other agreed costs will become payable immediately. If, within three months from cancellation, the Client requests us to commence the identical assignment a credit will be allowed against the Initial Fee paid.

6.5. In the event that the Client hires an additional Candidate submitted within the short list on a Retained assignment, the appropriate Contingent Assignment Fee is payable to us.

6.6. If an introduced Candidate is hired for another position other than the intended original position, or is subsequently employed by the Client in any capacity up to an including twelve months after the initial introduction date, the applicable contingent Assignment fee will be payable by the Client

6.7. Where an offer of employment has been made in writing by the Client and is subsequently withdrawn by the Client after acceptance by the Candidate and through no fault of the Candidate, the applicable Contingent Assignment Fee will be payable by the Client.

7. Calculation of Fees Payable

7.1. Our fees are calculated as a percentage of the employee’s Annual Remuneration Package and are calculated at either a Contingency Assignment fee or Retained Assignment fee in accordance with the scale outlined in the Standard Fee Schedule.

7.2. Where the Client has instructed us to headhunt a particular Candidate on the Client’s behalf the fee payable will in accordance with the Standard Fee Schedule.

7.3. For Fixed Term Placements, in the event that the Client offers a candidate an extension on the original fixed term, a further agreed Fee will be payable

7.4. In the event that permanent employment is offered to a candidate introduced by us and initially engaged by the Client on a Fixed Term basis, a full Permanent Placement fee will become payable in accordance with the Standard Fee Structure.

7.5. For the purposes of Clause 7.3 and 7.4, the Client is required to notify us 30 days prior to the intended extension or offer of permanent employment.

8. Replacement Guarantee

8.1. No rebate of fees shall be made. However, should the engagement of a Candidate terminate within a period of 13 weeks (including the Candidate’s period of contractual notice) from the date of engagement, Intuitive Recruitment shall seek a replacement Candidate on the condition that:

(a) the candidate leaves of his/her own volition and not due to any redundancy measures, change in job description or change in work conditions;
(b) our invoice has been settled in accordance with the Terms and Conditions contained herein.
(c) the Client has provided the candidate with suitable and adequate induction, training and support;
(d) the Client has complied with its obligations to the candidate including the Client’s obligations under any relevant law;
(e) the request is given exclusively to Intuitive Recruitment to replace the candidate;
(f) the nature of the replacement role is the same as the initial assignment.
(g) Intuitive Recruitment is informed that the initial candidate is no longer engaged by the client within seven (7) days of it occurring.

8.2. Intuitive Recruitment offers its Replacement Guarantee for the initial Candidates placed. It does not offer its replacement guarantee for the replacement Candidate, a Fixed Term Placement or for a Candidate that was originally placed with the Client on a Temporary basis.

8.3. If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted accordingly.

8.4. The replacement guarantee will be valid for a period of three (3) months from the date of termination of the initial employee, after which Intuitive Recruitment is not obliged to offer such Replacement Guarantee

9. Candidates

9.1. Whilst we will exercise reasonable skill and are in the selection of Candidates, we are not liable for any negligence, dishonestly, misconduct or lack of skill of any Candidates.

9.2. We give no warranty (either expressed or implied) in respect of any Candidate introduced, and accept no liability for any failure of a Candidate to perform or to comply with his/her terms of employment or for any loss, expense, damage or delay howsoever arising from the introduction of the candidate to the Client or from his/her engagement by the Client.

9.3. Insofar as we or any Candidate provides details of a Candidate’s medical history, present state of health, previous terms and conditions of employment, names and addresses of previous employers, periods of employment, circumstances in which previous employment terminated, criminal convictions, personal details, right to work in Australia, employment permits, qualifications or education generally, Intuitive Recruitment cannot ensure the accuracy of such details. As such, Intuitive Recruitment will not be liable to the Client in the event that any loss or damage is suffered and Intuitive Recruitment requests that the Client undertake their own investigations to verify any information.

9.4. Except as required by law, we make representations and give no warranties either expressed or implied as to the suitability of a candidate for a particular position. The offer of employment to a Candidate, the employment of a Candidate and the consequences thereof, are entirely at the Client’s risk.

9.5. In the event that any details of information supplied by a Candidate or by a third party on behalf of a Candidate including, but without limitation to, past employers or personal referees, are found to be incorrect or misleading, Intuitive Recruitment shall have no liability for any loss, damage or cost which may thereby be occasioned

9.6. Where the Client has instructed us to headhunt a particular Candidate on the Client’s behalf, the Client shall indemnify and keep us indemnified against all loss, cost, damage and expense suffered by us as a result of claims made against us in connection with such instruction.

10. Privacy

The Intuitive Recruitment Privacy Policy forms part of these Terms and Conditions. The Client agrees to handle all Candidates’ personal information in accordance with our privacy policy.

11. Illegality and Force Majeure

11.1. If any provision or term of these terms and conditions or any part thereof becomes or is declared illegal, invalid or unenforceable for any reason whatsoever such provisions, terms and arts will be deemed to be deleted from these terms and conditions provided always that if any such deletion substantially affects or alters the commercial basis of these terms and conditions the parties hereto will negotiate in good faith to amend and modify the relevant provisions, terms and parts of these terms and conditions as may be necessary or desirable in the circumstances.

11.2. If either party is prevented in the performance of this Agreement by an Act of God or by or in consequence of war, riot, storm or other such circumstances that are completely beyond the control of that party then that party will not be liable for such breach of that party’s obligations under this Agreement.

11.3. No failure or delay in exercising any right or remedy will constitute a waiver of that right, and no waiver will be effective unless it is in writing and signed by that party.

11.4. Should we incur any costs in recovering amounts overdue under these terms and conditions, the costs may be charged to the Client in addition to the underlying value of the invoices due. This includes but is not limited to interest charged, legal fees incurred, and any other third party debit recovery fees.

12. Entire Agreement

This agreement constitutes the entire agreement between the Parties for the provision of permanent and fixed term recruitment services by us to the Client and supersedes and merges all prior discussions, representations, statements and agreements.

13. Governing Law

These terms and conditions shall be governed by and Construed in accordance with the relevant local laws relating to the provision of the Services.

Standard Fee Schedule

1. Types of Assignments

For the purposes of this fee schedule:
“Contingent Assignment” is where a Fee (outlined below) is only payable upon successful placement of a candidate.
“Retained Assignment” means an assignment given to us by the Client exclusively. The Fee is payable in three (3) parts as follows:

2. Standard Fee Structure

3. Additional Costs

3.1. Additional costs, disbursements, and out of pocket expenses such as but not limited to air travel, video conferencing and psychological testing shall be payable by the Client, notwithstanding the candidate not being successful in obtaining the placement. Additional costs will only be incurred with the Client’s prior approval, and charged at rates agreed before costs are incurred.

3.2. The Client will pay all costs associated with those services within 14 days of the date we invoice the Client for those additional services whether or not the Client employs a person introduced by us.

3.3. Display advertising costs will be charged at a rate agreed between the parties.

3.4. Advertising accounts are payable within 14 days of the date of invoice from either us or our appointed agency. Cancellations of advertisements will be accepted only if given in time to claim a full refund from the press or advertising agency. All related artwork and production charges are payable by the Client.

4. Goods and Services Tax

4.1. All fees under these terms and conditions are exclusive of Goods and Services Tax (GST);

4.2. GST will be added to the fee at the prevailing rate unless Intuitive Recruitment assesses it to be GST exempt.

4.3. Out of pocket expenses, when applicable, will be calculated and charged as the amount incurred by Intuitive Recruitment (net of any input tax credit to which Intuitive Recruitment is entitled) plus GST as applicable.