HUNTHEM TERMS AND CONDITIONS OF BUSINESS
Provision of recruitment services for clients. This agreement applies to Hunthem Pty Ltd ACN 634 750 637 / ABN 91 634 750 637and a Client to whom Hunthem Pty Ltd provides Permanent Recruitment services / Exclusive Executive Search services and / or Temporary; Contract Recruitment or Professional Employment Services.
DEFINITIONS
Assignment: The task of finding a suitable Candidate for a Client.
Candidate: Person who has given permission to Hunthem Pty Ltd to forward their details in order to be considered for engagement or employment by the Client or to provide services to the Client, either directly or through a management company, Hunthem Pty Ltd or other third party, and who may (or may not) accept employment or an engagement with the Client.
Client/Host: Organisation or person who has engaged or engaged with Hunthem Pty Ltd to provide services in accordance with these Terms of Business.
Worker: A person who is engaged or employed by the Client, or provides services to the Client, in any capacity in accordance with these Terms of Business and/or in any way via Hunthem Pty Ltd.
Exclusive / Engaged Search, Assignment or Agreement: Where an exclusive recruitment assignment or agreement or retained agreement is concerned; Hunthem Pty Ltd is the only organisation recruiting for the particular role(s). Any person employed in a role that Hunthem Pty Ltd was engaged to work on and/or recruit for shall be deemed to have been a Hunthem Pty Ltd candidate, regardless of the source of origin of the candidate or source of lead, referral or introduction; this shall be the case, even in situations in which multiple people are hired for the initial role(s) engaged.
Permanent Placement: A Candidate referred or engaged by Hunthem for the Client and engaged or employed by the Client, for whom the Client is obliged to pay a placement fee, in accordance with the applicable fee schedule provided by Hunthem.
Salary/ Total Remuneration Package: The full-time annual salary for the position being filled including all superannuation and other entitlements, such as a vehicle or vehicle allowance, if applicable.
Refer / Referred: The supply of candidate information, introduction or engagement of a candidate to a person or organisation. This is the case, regardless of whether the candidate referred, was suggested by the Client as a target in Hunthem’s search and regardless of whether the candidate was already known to the Client and regardless of whether or not the candidate and client already had an exisiting relationship..
Current or recent Candidate Communication: Referencing notification by the Client, to Hunthem Pty Ltd that a Candidate referred, introduced or engaged on behalf of, or to The Client by Hunthem Pty Ltd, was already in consideration by The Client: There must be clear evidence of The Candidate and The Client communication regarding the opportunity in hand; this communication must have happened no more than 2 weeks prior to Hunthem’s engagement with the candidate and this cannot be disputed in the event that the Client suggested the candidate name to Hunthem. The written evidence must be provided to Hunthem Pty Ltd in writing, no later than 5 calendar days from the candidate submission, referral, introduction or notification of candidate engagement by Hunthem, to the Client. Failure to do so, will result in full recruitment fees applicable, in the event that The Client places The Candidate in to employment, either directly or indirectly, within 12 months of The Candidate submission, engagement, referral or introduction by Hunthem Pty Ltd to The Client.
PERMANENT AND EXCLUSIVE RETAINED RECRUITMENT SERVICES
The following are the agreed terms for the supply of permanent recruitment services between Hunthem Pty Ltd and the Client.
1. The terms of business terms set out herein, will be deemed to have been accepted by the client, through any of the following means:
Hard copy signing of these terms within a document containing these terms.
Electronic acceptance of this document or an email containing a link to these terms.
The acceptance of a Hunthem Pty Ltd candidate resume submission.
The interview or employment of a Candidate introduced or referred by Hunthem Pty Ltd.
The employment or engagement of a Hunthem Temporary or Permanent Worker, will be deemed as acceptance by the Client of the Terms and Conditions set out herein.
Engaging or employing a candidate introduced or referred to The Client by Hunthem Pty Ltd at any time in the 12 months following the initial introduction of the Candidate.
2. The Client agrees to notify Hunthem Pty Ltd immediately when a Candidate is hired and agrees to pay the Hunthem the permanent placement fee in accordance with a fee schedule provided by Hunthem Pty Ltd and the payment terms set out in the invoice presented to the Client.
3. Permanent placement fees that are not on an engaged or retained basis, will be payable on commencement of employment, following acceptance of the position by the Candidate. * This clause is subject to Clause 4.
4. In the event that a ‘Signing on bonus’ is paid to a Candidate before the commencement of employment date, Permanent placement fees that are not on an engaged or retained basis, will be payable on completion of the employment contract by both parties, in line with . If the candidate does not commence employment with the client on the employment commencement date, the permanent placement fee will be refunded by Hunthem in full, within 5 working days of the client notification of the candidate failing to commence employment. Notice of the Candidates’ failure to commence employment must be provided by the client, to Hunthem, no later than Close of Business on the same day of the planned commencement of employment.
5. Exclusively retained and engaged search fees as agreed, will be partially invoiced before commencement of the search and the initial engagement fee will be deducted from the final fee. The final fee will be invoiced on candidate commencement of employment, following acceptance of the position by the candidate. Initial engagement fees will be as per the below:
$50,000 - $75,999 salary range = $4,000 engagement fee.
$76,000 - $89,999 salary range = $5, 000 engagement fee.
$90,000 - $119,999 salary range = $6,000 engagement fee.
$120,000 - $149,999 salary range = $7,000 engagement fee.
$150,000 plus salary range = $8, 000 engagement fee.
6. The Fees are payable to Hunthem Pty Ltd and strictly payable within 5 business days from invoice date; for the introduction of a Candidate that is placed in to employment of any kind; Unless otherwise agreed in writing, the fee is calculated as a percentage of the Total Annual Gross Remuneration inclusive of base salary, superannuation, shift allowances where applicable for afternoon or night shift workers and where applicable, provision of a motor vehicle where applicable (valued at $15,000 unless a higher amount is provided).
7. The fee is payable by the Client if the Candidate referred by Hunthem Pty Ltd is employed or hired within 12 months of the candidate referral, introduction or notification of candidate engagement, either directly to the Client or via a third party.
8. For non retained, non exclusive or non engaged permanent recruitment; Hunthem provides a 3 month guarantee period (unless agreed otherwise in writing), whereby, provided Fees are paid within the terms as stated on the invoice, Hunthem Pty Ltd guarantees to replace an employed Candidate that either voluntarily departs the organisation from the position they were initially hired into, or is formally managed out of the position they were initially hired into for poor performance or the like. Hunthem Pty Ltd is to be notified immediately of performance issues and the rectification process undertaken. The replacement guarantee can be claimed only once during the first 3 months of employment and provides one suitable candidate replacement. No credit notes will be issues in the event of a replacement candidate situation. The candidate guarantee replacement will not be transferrable to a different geographical location. The candidate replacement must be for the same job title, level of seniority and office location and is not transferrable to a different office location, level of seniority or job title.
9. Exclusively retained or engaged searches, receive a 6 month guarantee period, whereby, provided fees are paid within the terms as stated on the invoices, Hunthem Pty Ltd guarantees to replace an employed Candidate that either voluntarily departs the organisation from the position they were initially hired into, or is formally managed out of the position they were initially hired into for poor performance or the like. Hunthem Pty Ltd is to be notified immediately of performance issues and the rectification process undertaken. The candidate guarantee replacement guarantee can be claimed only once during the first 6 months of employment.
10. If the Candidate ceases to be employed as a result of retrenchment, relocation of the Client’s business, or a substantial change to the original position, no replacement guarantee will apply.
11. Candidate introductions of any kind are confidential. Any employee engagement which is as a consequence of an introduction, referral or engagement facilitated by Hunthem in any way, to the Client, even though the introduction is made indirectly, or has resulted from the passing on of an introduction to another employee, employer or business unit, will render the Client liable for payment of the Fee. Where a candidate is referred by Hunthem Pty Ltd to The Client, The Client has 5 business days to notify Hunthem Pty Ltd of any conflict regarding a current or recent prior candidate communication the Client may already have with the Candidate referred by Hunthem Pty Ltd.
12. Liability and Disclaimer. Hunthem Pty Ltd will take reasonable steps to confirm the qualifications, experience, and ability and identity of the personnel they source, however Hunthem makes no representation and accepts no liabilities arising from the actual skill level or competence of the Candidate.
13. Costs of advertising are carried by Hunthem Pty Ltd, except for display advertisements specifically authorised by the Client which shall be paid by the Client. Costs associated with any Client requested display advertising will be invoiced at the time they are incurred.
14. All fees are quoted exclusive of GST, which is payable at the prevailing rate in addition to the invoiced sum upon the same date that the invoice is due.
15. The client covenants and agrees that it will not impede, or in any other manner, involve Hunthem Pty Ltd in any litigation arising out of or in connection with the actions or judgements of personnel provided by the recruitment consultant.
16. Any amounts due to Hunthem Pty Ltd under this agreement that are not received by Hunthem Pty Ltd by the due date for such payment will attract interest at the rate of one and one half percent (1.½%) per month, or, the maximum charge permitted by law, whichever is the greater.
17. If the Client requires psychometric or other testing of the Candidate to be undertaken, all associated costs will be the responsibility of the Client.
18. All invoices are to be paid in accordance with the invoice presented and strictly within 5 business days from the date of the invoice.
19. All agreed upon permanent recruitment fees are based upon a 38 hour working week. In a situation in which a candidate will be working part-time hours, a Pro-rata fee will be applicable****. Any further increase to the candidate working hours within the first 12 month of employment, will result in further permanent recruitment fees on a Pro-rata basis in which an invoice will be produced immediately upon notification of an increase of working hours. Unless otherwise stated, calculations for Pro rata fees will be as per the following calculations: Fee applicable / 38 hours x Number of working hours applicable. ****FLAT FEE ARRANGEMENTS - Please note that Pro rata fees for Part-time candidate engagements, are not applicable to Flat Fee agreements; in which the full fee, based on a 38 hour working week, is payable in the event that a candidate is engaged on a Part-time basis.****
TEMPORARY AND CONTRACT RECRUITMENT SERVICES
The following are the agreed terms for the supply of temporary and contract personnel (“Temporary Worker”) between Hunthem Pty Ltd and the Client.
1. Upon receipt of an assignment specification from the Client, Hunthem Pty Ltd will provide the relevant Charge Rate in writing.
2. An order of a Hunthem Temporary Worker is taken as acceptance of both these Terms of Business and the Charge Rate for that assignment.
3. Hunthem Pty Ltd may vary the Charge Rate at any time, without notice, in the event of variations to an award or agreement, insurance premiums, statutory charges or other payments to which Hunthem is legally obligated.
4. The Client must provide Hunthem Pty Ltd with a clear description of the assignment to be undertaken by the Temporary Worker as this description will be used by Hunthem Pty Ltd to determine the applicable award and pay rate for the Temporary Worker.
5. The Client must immediately notify Hunthem of any changes to the workplace or assignment to be performed by the Temporary Worker, prior to the change occurring. The Client will not transfer a Temporary Worker to another position without first advising Hunthem and gaining approval for the transfer to take place.
6. In the event that a Temporary Worker undertakes work for the client that is not in accordance with the assignment specification, and Hunthem Pty Ltd is required by an award or statute to pay the Temporary Worker a higher hourly rate, or Hunthem Pty Ltd is required to make additional payments to the Temporary Worker, the Client agrees and accepts liability for such payments, and indemnifies Hunthem Pty Ltdagainst any and all additional costs.
7. The Client must check and authorize Time Sheets submitted to the Client by the Temporary Worker. The authorisation of the Time Sheet is also acceptance of these Terms of Business and the Charge Rate for the assignment. Failure to authorise a Time Sheet does not alter the Clients liability to pay for hours worked.
8. Temporary Workers are assigned under the direction and supervision of the Client and the Client is responsible for induction to the work site and all acts, errors and omissions of the Temporary Worker for the duration of the assignment.
9. Hunthem Pty Ltd will take reasonable steps to confirm the qualifications, previous referees, experience, ability and identity of the Temporary Workers they source, however Hunthem makes no representation as to the actual skill level or competence of the Temporary Worker.
10. The result of work performed by the Temporary Worker for the Client becomes the property of the Client.
11. The Client must have in place suitable and applicable policies and procedures for OH&S, anti-discrimination, sexual harassment, affirmative action and privacy that comply with current legislative requirements. The Client must ensure the Temporary Workers work under conditions that are subject to those policies and procedures. The Client must promptly report to Hunthem any injuries or incidents arising from a breach of the policies or procedures.
12. Hunthem Pty Ltd will invoice the Client on the basis of the hours worked as shown on authorised Temporary Workers Time Sheets. The invoice is due and payable within seven (7) days.
13. The Client agrees that the details of an Hunthem Temporary Worker are private and confidential and that the Client will not forward such information to a third party without the prior consent of Hunthem.
14. All fees are quoted exclusive of GST, which is payable at the prevailing rate in addition to the invoiced sum upon the same date that the invoice is due.
15. Any amounts due to Hunthem Pty Ltd under this agreement that are not received by Hunthem by the due date for such payment will attract interest at the rate of one and one half percent (1.½%) per month, or, the maximum charge permitted by law, whichever is the greater.
16. If the Client reasonably considers that an Hunthem Temporary Worker is unsuitable for the assignment, Hunthem Pty Ltd will not charge the Client for the first four (4) hours of work.
17. Any offer of permanent employment to an Hunthem Temporary Worker, or the transfer of an Hunthem Pty Ltd Temporary Worker to a Third Party, will attract a fee in accordance with the Permanent Recruitment Services Placement Fee Schedule unless an alternative arrangement is agreed by the Hunthem Pty Ltd Founder and Director, Emma Baber, in writing.
18. If the Client requires psychometric testing, medical testing or other testing of the Temporary Worker to be undertaken, all associated costs will be the responsibility of the Client.
GENERAL TERMS APPLICABLE TO PERMANENT RECRUITMENT SERVICES AND TEMPORARY AND CONTRACT RECRUITMENT SERVICES
The following are the agreed terms for the supply of permanent recruitment services and temporary and contract personnel between Hunthem Pty Ltd and the Client.
1. The Client will hold Hunthem Pty Ltd harmless and indemnify it in respect of any damage, loss or injury of whatsoever nature or kind, caused or contributed to by the Temporary Worker whilst on assignment, or by a Candidate introduced for a permanent position.
2. Any references to GST are references to the Goods and Services Tax referred to in the 1999 A New Tax System (Goods and Services) Tax Act Cth.
3. This document along with the quotation of rates for each recruitment project, represents the entire agreement between Hunthem Pty Ltd and the Client and supersedes all previous communications, negotiations, arrangements and agreements, whether orally or in writing.
4. If a provision of these Terms of Business is found to be illegal, invalid or unenforceable, it is severed and the remainder of this Agreement has full force and effect.
VARIATION
These Terms of Business may not be varied unless by mutual agreement confirmed in writing by Hunthem Pty Ltd.