TERMS AND CONDITIONS
Address: 550 Queen Street, Brisbane,
Queensland, 4000
ABN: 16 714 162 187
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The Client agrees to be bound by these Terms of Business by accepting details of personnel, viewing personnel or employing or engaging personnel introduced by Advice Partners for a Permanent position offered by the Client, or for a Fixed Term assignment with the Client.
Any variation to the Terms of Business must be mutually agreed by both parties in writing (email acceptance and acknowledgement will act as such agreement)
Definitions
“Candidate” means any person who has sought or obtained placement by Advice
Partners in (i) Permanent or fixed term employment with a Client of Advice Partners, or (ii) by way of a contract assignment with a Client of Advice Partners .
“Client” means any person or body to which Advice Partners provides services and any Client Related Entity.
“Client Related Entity” means any entity connected with the Client including (i) an entity with a common interest in an economic enterprise, for example, a related body corporate (as that term is defined in the Corporations Law) or a joint venture partner, or (ii) another government department or organization within the public service sector.
“Fixed Term” means any person who has accepted or obtained placement by Advice Partners on a fixed term basis with a Client of Advice Partners. A Fixed Term Placement is employed by the Client and the Client takes responsibility for payroll, legislative requirements.
“Advice Partners” means Advice Partners Australia, ABN 16 714 162 187 and any other Advice Partners Australia Related Entity.
“Advice Partners Australia Related Entity” means any entity connected with Advice Partners by a common interest in an economic enterprise, for example, a related body corporate (as that term is defined in the Corporations Law) or a joint venture partner.
“Permanent” means any person who has accepted or obtained Permanent employment with a Client.
“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth) (and any equivalent term/s under other applicable privacy or data protection laws).
“Privacy Laws” means Privacy Act 1988 (Cth) and any other applicable privacy or data protection laws.
“Standard Fee Structure” means the then standard Advice Partners fee structure or any other person or body to whom the client has introduced the On-Hire Employee or
Independent Contractor, the client will be charged a fee based on the Standard Fee Structure.
1.Fees
1.1. All Fixed Term Assignment fees are strictly payable within 14 days of the invoice date.
1.2. All Permanent placement fees are strictly payable within 14 days of the invoice date. Fees for Permanent Assignments, Fixed Term Assignments and Buy-outs
1.2. Retained Assignment (Mandated Assignment) – The Client has requested an exclusive service to seek Candidates.
1.3. Advertised Search - This is a combination of advertised recruitment and the utilisation of search in specific industries or areas.
1.4. Search - Means the identification of potential Candidates by Advice Partners and/or the Client and the targeting and direct approach of such Candidates by Advice Partners.
1.5. The placement fee for all three of the above is as per the Standard Fee Structure and is payable as follows:
a) One-third of the total estimated fee upon acceptance of the assignment;
b) One-third of the total estimated fee upon presentation of the shortlisted Candidates;
c) The balance is payable upon successful completion of the assignment, which occurs as soon as an offer has been made and accepted by the successful Candidate; The Client must pay for all work performed by Advice Partners until the Client terminates the assignment.
1.6. Contingent Assignment – The Client is seeking candidates but is not necessarily seeking an exclusive approach. The fee is as per the Standard Fee Structure.
1.7. Fixed Term Placement – The placement fee for a Fixed Term placement is as agreed in writing between the parties. Further fees will apply should the candidate extend beyond the initial contract period to a maximum of twelve (12) months.
1.8. Buy-Out – Where an On-Hire Employee or Independent Contractor is transferred to a Permanent or other employment status (or contracts directly), with the Client or any other person or body to whom the client has introduced the On-Hire Employee or Independent
Contractor, the client will be charged a fee based on the Standard Fee Structure.
1.9. Invoicing for the final amount in relation to completion of a Contingent Assignment, Fixed Term Placement or Buyout (1.6, 1.7, 1.8) will take place as soon as the offer has been made and accepted by the successful candidate.
1.10. Permanent placement fixed term placements and buy-out fees are calculated according to the Standard Fee Structure as a percentage of a Candidate’s commencing annual remuneration package. The annual remuneration package includes base salary, employer superannuation contributions (including compulsory contributions), allowances, inducement payments (sign on bonuses), anticipated commission and bonus earnings and non-salary benefits such as provision of a motor vehicle. A car included in the package will be assessed at $20,000. The value of all other non- salary benefits will be taken into account and agreed between Advice Partners and the client. Where a Candidate is placed in a Permanent role on a part-time basis the salary for calculating the placement fee will be on the basis of a full-time equivalent salary.
1.11. A one time introductory fee maybe negotiated by Advice Partners and the client, which is not subjective to the candidates salary, bonus, car or superannuation. Confirmation and signed agreement (email acceptable in this instance) will be in place.
2. Permanent Placements
General Provisions Replacement Guarantee
2.1. If the requirements set out in this clause are met, Advice Partners shall extend a replacement guarantee for Candidates recruited and placed as Permanent employees with the Client.
2.2. This guarantee means that if the successful Candidate ceases employment with the client within two months of commencement of such employment (or three months in the case of placements secured through Executive Search at the full fee rate) (“Guarantee Period”), and the requirements set forth below are met, Advice Partners will endeavour to find a replacement Candidate for the position without charging additional placement fees.
2.3. In circumstances where the fee is paid on acceptance of offer by the Candidate, and a Candidate withdraws their acceptance of an offer of employment from the Client prior to commencing such employment, the replacement guarantee may also apply, subject to the
terms set out below.
2.4. The replacement guarantee only applies if:
a) all fees, charges and expenses owing by the Client in respect of the placement of the original Candidate have been paid in full in accordance with the payment terms set forth in these Terms of Business, and the Client has no other amounts outstanding to Advice
Partners;
b) the request to replace the Candidate is given exclusively to Advice Partners;
c) Advice Partners is notified as soon as practicable that the client wishes to invoke the guarantee, and in any event within the Guarantee Period;
d) the original job description and assignment specification does not alter.
2.5. The replacement guarantee does not apply:
a) if the Candidate’s employment ceases for reasons beyond Advice Partners control such as redundancy, restructuring, economic circumstances, company closure, change of management or substantial change from the original job description; or
b) if the Candidate is engaged by the Client in an On-Hire Employee capacity through Advice Partners immediately prior to the acceptance of a Permanent position with that
client; or
c) to replacement Candidates provided under this Clause.
2.6. The replacement guarantee is not transferable to other placements or recruitment services, and the Client is not entitled to any credit or refund for replacement guarantees that the Client does not wish to pursue or which are undertaken by Advice Partners but not completed.
2.7. Any additional advertising costs are not included in this replacement guarantee.
2.8. If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted appropriately.
Responsibilities After Permanent Placement
2.9. Once a Candidate is placed as an employee with a Client, the Client is the Candidate’s employer and has sole responsibility for the employee. Advice Partners has no liability or obligations in respect of the Client’s employee, including, without limitation, in respect of the termination of employment of the employee for any reason by the Client. This also applies to Fixed Term Placements.
4. General Terms
Introduction of Candidates
4.1. Advice Partners treats the introduction of Candidates and their details as strictly confidential, and therefore expects the Client to do the same.
4.2. If a Candidate or his or her details are introduced to or passed on to the Client (including the transfer of a candidate’s details to the Client’s database), and that introduction or transfer results in the Permanent employment or engagement on a contract basis of the Candidate, the Client must pay Advice Partners the appropriate fee of 25% of total remuneration package accordance with these Terms of Business
4.3. If a Candidate introduces another Candidate to the Client and that introduction results in Permanent employment or engagement on a contract basis of that Candidate, the Client must pay Advice Partners the appropriate fee of 25% of total remuneration package in
accordance with these Terms of Business Liability and Indemnities
4.6. Advice Partners makes every effort to maintain a high standard of Candidates and to provide proper details of their qualifications and experience. However, as these details are based on information provided to Advice Partners by the Candidate, their referees, and
other third party organizations as relevant,
4.7. Advice Partners is not liable for any errors, omissions, inaccuracies or incorrect conclusions. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.
4.8. Advice Partners is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from:
a) the introduction by Advice Partners of Candidates (or delay in any such introduction); or
b) the failure of a Candidate to accept an offer of employment or Contract Assignment.
4.9. The Client indemnifies Advice Partners (and keeps Advice Partners indemnified) on a full indemnity basis in respect of all losses, liabilities, costs or claims arising from or related to:
a) the actions or omissions of a Candidate, performing an assignment for the Client, whether wilful or negligent and whether or not occurring at the Client’s premises or the place where the assignment is performed;
b) any failure or alleged failure of a Candidate, to duly perform his or her obligations;
c) personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and
d) damage to any property arising from, or related to the performance by a Candidate, of his or her obligations.
e) any occasion when an On-Hire Employee or Independent Contractor carrying out a Contract Assignment with the Client is required to attend jury duty during the course of the Contract Assignment.
f) any omission, inaccuracy or conduct of the Client in relation to the recruitment services.
4.10. The Client further indemnifies Advice Partners (and keeps Advice Partners indemnified) on a full indemnity basis in respect of all claims related to the Candidate's assignment with the Client, including but not limited to termination of the assignment by the Client.
4.11. All advertising expenses, couriers, interstate or overseas phone calls and facsimiles and out of pocket expenses will be separately invoiced immediately after those expenses are incurred. Such invoices are strictly payable within seven days of the invoice date. Payment for Work Performed
4.12. The client shall make payment to Advice Partners for all work performed, including where the client materially changes its specifications and Advice Partners performs additional work.
Other Client Obligations
4.13. The Client is requested to refer all direct applicants and internal applicants to Advice
4.14. The Client must notify Advice Partners as soon as the Client makes an offer of employment to a Candidate introduced to the Client by Advice Partners and must provide details of that offer.
4.15. If the Client defers a hiring decision in respect of a recruitment assignment performed by Advice Partners and a Candidate is hired within 12 months of the date of the initial introduction by Advice Partners or the first interview, whichever is later, the Client must pay to Advice Partners the appropriate placement fee in accordance with these Terms of Business.
4.16. A mutually agreed fee will be charged to a Client where Candidates on the Advice Partners database are transferred to a Client's database. This fee is in addition to any other fee charged under this agreement. Goods and Services Tax (GST)
a) All fees payable under these terms of business are exclusive of GST.
b) GST will be added to the fee at the prevailing rate unless it is assessed by Advice Partners to be GST exempt.
c) Out of pocket expenses, when applicable, will be calculated and charged as the amount incurred by Advice Partners (net of any input tax credit to which Advice Partners is entitled) plus GST as applicable.
Privacy
4.17. The Client agrees to comply with the Privacy Laws regarding Personal Information collected, used or disclosed by the Client in connection with this agreement. The Client agrees not to use or disclose any Personal Information provided by Advice Partners except
for the purpose of receiving Advice Partners services. The Client must ensure that before disclosing any Personal Information to Advice Partners the Client is entitled to disclose that information under the Privacy Laws and has obtained any required consents or authorisations and/or provided any required notifications. The Client agrees that Advice Partners may use, collect and disclose Personal Information received, created or obtained in connection with this agreement in accordance with its privacy policy. If the Client becomes aware of any actual or alleged breach of the Privacy Laws concerning information disclosed by Advice Partners to the Client or by the Client to Advice Partners, then the Client must notify Advice Partners immediately and comply with any reasonable directions of Advice Partners with respect to such breach.
Expenses
4.18. Couriers, interstate or overseas phone calls and facsimiles will be billed to the Client at a fixed rate.
4.19. Display advertising costs will be discussed and agreed with the Client in advance and billed at the applicable rate.
4.20. Out of pocket expenses which may be included (such as accommodation, meals and travel) must be agreed with the Client in advance.
4.21. All advertising expenses, couriers, interstate