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Terms & Conditions
Permanent placement fee’s are payable on all candidates introduced by Talent Brokers and subsequently employed (Permanent / Contract / Temp) or engaged, by any other means, by the client (and/or any associated or related entity and / or if the benefit of the candidate’s labour is received by the client) for a period of 12 months after the introduction. These fees are based upon the fee structure set out in schedule A. For Temporary or Contract assignments, a ‘One Off Fee’ will be invoiced based on the candidates pro rata hourly rate (ie Equivalent permanent salary) OR alternatively the candidates current market value.
Invoices are payable within seven (7) days of date of invoice, unless otherwise negotiated in writing prior to commencement of any assignment. Talent Brokers shall be entitled to charge interest at 10% per annum on any overdue invoice and the client indemnifies Talent Brokers in respect of all legal and/or collection costs incurred in attempting to obtain payment of any invoice.
Should a recruitment assignment be withdrawn after referral of a suitable candidate(s), Talent Brokers will be entitled to invoice the client for recruitment expenses incurred. Including, but not limited to: On line advertising, Database search, resume preparation. This would be invoiced based on $150 per hour. A $1000 minimum fee would be invoiced.
In accordance with the 2008 Privacy Act, there are legally, substantial restrictions on the use and communication of various types of personal information. Talent Brokers does not screen for drug use, conduct medical assessments, conduct police checks, or engage in any other verification process. The client should conduct such verification. Any specific requests for background checks eg Police Checks and/or testing eg Psychometric can be arranged. Costs incurred will be invoiced back to the client and negotiated prior to commencing the assignment.
Talent Brokers will take reasonable steps to find a suitable candidate for the relevant position. The Client, however, is responsible for satisfying itself as to the suitability of any candidate and is responsible for making any background checks and taking up any references (including the confirmation of any professional, academic qualifications or existents if any restraints) before engaging any candidates. The client is also responsible for verifying that candidates have all necessary visa and work permits, requirements or qualifications required by law.
The client releases Talent Brokers, its related bodies corporate and their officers, directors, employees, personnel and agents from any claims, losses, damage or expense suffered or incurred by the client arising from or in any way connected with Talent Brokers seeking candidate(s) for the client or the introduction by Talent Brokers to the client of any candidates, or the engagement of any candidate by the client. The total liability of Talent Brokers to client under this agreement for any and all causes of actions under any theory of law shall be limited to the fees actually paid by the client to the Talent Brokers in connection with the particular candidate. Talent Brokers accepts no liability for the provision of false, misleading or inaccurate information on the candidate or for the acts, omissions, and/or negligence of the candidate either before or after placement / employment.
In these terms of business, “engaged”, “engagement”, “placed” and “placement” means and includes employed or otherwise engaged, whether under a contract of service, or under an agency, licensee, franchise or partnership agreement for any duration and whether full time, part time, paid or unpaid; “Candidate” refers to any person introduced by Talent Brokers to the client, including any member of Talent Brokers own staff.
Any request to Talent Brokers to provide services is deemed acceptance of these terms and conditions.
If the client also is a host of Apprentices supplied by Talent Brokers, these terms and conditions are read subject to the terms and conditions in Talent Brokers Host Agreement and the terms and conditions of the Host Agreement shall prevail to the extent of any inconsistency.
Should the Candidate’s contract of employment be terminate within the first 90 days of service (Guarantee Period), Talent Brokers will endeavour to find a replacement at no further cost to the client (subject to any fee adjustments for differences in total remuneration package, agreed advertising costs and agreed interview/travel expenses) provided:
The Candidate is employed by the client under an agreement that is not a fixed term contract and the termination is lawful and justified or the Candidate terminates their employment of their own accord and not due to operational reasons such as redundancy, restructuring or company closure.
The client notifies Talent Brokers in writing of their termination immediately.
The client or its Related Bodies Corporate shall not engage the candidate within 12 months from termination date.
The client provides Talent Brokers with the exclusive opportunity to replace the candidate within the applicable Guarantee period.
All monies due from the client were paid within terms.
If Talent Brokers are unable to find a suitable replacement, it shall credit the following proportions of the fee:
Up to 60 days of service: 50% Credit
61 to 90 days of service: 25% Credit
After 90 days of Service: no credit will be issued
A credit note will be valid for 12 months from the Candidate’s termination date and may be used for recruitment services only. No cash payment shall be made by Talent Brokers in lieu of a credit.
The fee schedule and Terms of Business are governed by the laws of the state or territory in which these services are provided. This Agreement may not be amended or modified except by a written agreement signed by both parties.
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This web site is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
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