Terms and Conditions of Service
1. 1 In these Terms and Conditions:
(a) “Agreement” means any order relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Clare Russell trading as RecruitMum and her successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services We will supply to you under a proposal, order or invoice relating to recruitment and human resources consultancy.
(e) “Candidate” means any person introduced to You by Us for the purpose of the person being considered for employment or other engagement by You.
(f) “Introduction Period” means a period of twelve (12) months, with each period commencing from Our initial referral of the candidate to You.
2. FEES (and calculation of fees)
2.1 Service Fees for Recruit GOLD:
(a) Permanent Hires: Our Fee for permanent hires is 15% of the employee’s gross salary for the first year of employment;
(b) Contract Hires: Our Fee for contractor hires is 15% prorated on the contractor’s hourly rate for the full term of the contract.
(c) Contract to Permanent Hires: Where a contract employee becomes a permanent employee a fee of 5% of the employee’s annual salary becomes due;
(d) For non-standard fees (i.e. promo fees), a progress payment is due on presentation of a short-list, followed by remaining payment to be made 15 days from offer and acceptance of employment.
2.2 Service Fees for Recruit SILVER:
(a) Permanent Hires: Our Fee for permanent hires is 10% of the employee’s gross salary for the first year of employment;
(b) Contract Hires: Our Fee for contractor hires is 10% prorated on the contractor’s hourly rate for the full term of the contract;
(c) Contract to Permanent Hires: Where a contract employee becomes a permanent employee a fee of 2.5% of the employee’s annual salary becomes due;
2.3 Service Fees for Recruit BRONZE:
(a) Advertising Fee to RecruitMum website only is per our Terms of Business or Quote set out to you and starts at $150 (+gst);
(b) Advertising Fee to both RecruitMum website, Seek and/or LinkedIn or other social media as agreed is per our Terms of Business or Quote set out to you
2.4 Fees plus tax: You will pay the price indicated on the invoice, order form or other similar document issued by us (“Fee”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.5 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.6 Rejected Candidates: If you reject a Candidate and then either employ or contract that Candidate within a period of 6 months from Our initial referral you will be liable for the relevant Fee.
3.1 Payment of Fees: When we introduce a Candidate to you, and that Candidate is employed or contracted by either you or a party associated with you during the Introduction Period, Our Fees and any other amounts incurred become payable as follows:
(a) Permanent Hires: 33% of the Fee up-front, then 33% of the Fee upon presentation of short-listed candidates with the remaining 34% of the balance due on offer and acceptance of employment;
(b) Contract Hires: 33% of the Fee up-front, then 33% of the Fee upon presentation of short-listed candidates with the remaining 34% of the balance due on offer and acceptance of employment;
(c) Contract to Permanent Hires: full payment on commencement of permanent employment;
(d) Any hires offered employment under a ‘promo fee’, payment is to be made 15 working days from offer and acceptance of employment
(e) Listings: as notified to you or stated on our invoice;
3.2 Change of Placement: You must pay the Fee even if the Candidate is employed or contracted in a different capacity or on a different basis to that contemplated by the initial introduction.
3.3 Non-placement: If you do not employ or engage a candidate we refer to you for a particular vacancy we may require you to pay all listing, advertising costs and consulting time associated with that vacancy.
3.4 Re-employment: If the employment of a Candidate We introduce to You is terminated (whether by dismissal or resignation) and within (12) twelve months of that original termination date is re-employed by You or offered an alternative arrangement by You or a party associated with You, then you will notify us in writing immediately. We will charge you an additional Fee. This Fee will be payable regardless of the position taken by the candidate.
3.5 Reporting: to enable us to calculate the Fees for Contract Hires we may require you to report to Us weekly in arrears detailing the name and full and part days worked by the Candidate during the term of their contract or employment
3.5 Instalment payments: Where we have agreed that you may pay the Fee in instalments you must complete payment of all instalments. If you terminate an Agreement prior to expiry of a subscription term the balance of any Fee will become due immediately.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at 5% above Our bank’s base lending rate calculated daily will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.
5. PERFORMANCE OF THE SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.
5.2 Use of reports: Any reports prepared or procured by us as part of the Services are to be used only by you.
5.3 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.
6. YOUR OBLIGATIONS
6.1 Information: you will provide us with any relevant information required to enable us to perform the Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
6.2 Confidentiality: You agree to keep confidential any and all information We supply to You about a Candidate to enable you to assess that Candidate’s suitability for a role
6.3 Additional costs: You agree to pay:
(a) All advertising costs that are over and above standard set advertising as disclosed to You.
(b) Fees for agreed testing of Candidates that is undertaken either by us or by a third party testing provider.
(c) Reasonable travel expenses as agreed and any administration fees applicable.
6.4 Compliance with law: You agree to comply with all relevant laws and contractual obligations in relation to Candidates that are placed with you as employees or independent contractors. This includes employment law, health and safety law and any other laws applicable from time to time.
7. GUARANTEE AND WARRANTIES
7.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws.
7.2 Replacement Guarantee: The successful RecruitMum candidate appointed by You is professionally guaranteed for 90-days and will be replaced at no cost, provided the candidate leaves within the 90-day period. Note, this does not apply where promotional or discounted fees have been agreed or where partially outsourced (RPO) services have been charged by the hour.
8.1 Limitation of liability:
(a) Candidate Information: We endeavour to obtain accurate information about all our candidates. However, We do rely on the candidates’ integrity in providing us with their information. For this reason we do not accept any liability whether in contract, tort, statute or otherwise for any error, omission or loss (whether indirect, direct or consequential), costs or expenses (including legal costs) incurred as a result of a candidate’s acts or omissions.
(b) Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;
(c) We will have the option, exercisable at our discretion, to replace or give credit for any Services in respect of which any claim is made or proven or to refund a portion of the Fee paid for the Services, thereby fully discharging all our legal liability;
(d) You are solely responsible for Your choice of candidate and recommend You ensure You are entirely satisfied with a candidate before You engage them. We are not liable for any loss caused by You, or any loss that results from Your failure to take reasonable steps to avoid or minimise Your loss;
(e) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
8.2 Business purposes: You acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
9.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
9.2 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
9.3 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
9.5 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt-out of receiving these messages tell us in writing and we will remove you from the mailing list.
9.6 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.