TERMS & CONDTIONS
Prospect Recruitment Services Terms & Conditions
Prospect Recruitment Services Terms & Conditions
Any pricing indicated in this document is subject to review 30th June 2017
The following Terms and Conditions shall apply between Prospect Group (“We/Us”) and you (“The Client”) in respect of the engagement of any Candidate introduced to the Client by Prospect Group.
Definition of ‘Introduction’
An introduction includes a personal or verbal introduction of a Candidate to a Client or the Client’s acceptance of a Candidates CV or summary from us.
1. Application and Acceptance
1.1 These terms and conditions apply to all transactions carried on between us and the Client, in respect of Candidates employed on a permanent basis, unless the Client is advised in writing by a Director of the Company of any additions, alterations and substitutions.
1.2 Written or oral instructions by the Client to us to supply Candidates will be deemed as the Client’s acceptance of the Terms and Conditions regardless of whether the Client signs these Terms and Conditions.
*Please note, this only applies on successful placement of a Candidate with the Client
1.3 These Terms and Conditions are also deemed to be accepted by a person who employs a Candidate introduced by us, and the said person shall be considered as the Client of ours for the purpose of these Terms and Conditions.
2. Privacy and Confidentiality
2.1 In accordance with the Privacy Act 1988 (Cwlth), Candidates introduced by the Company to the Client to review their CVs have been forwarded the Privacy Collection Statement.
2.2 CVs of Candidates forwarded to the Client are for the purpose of placements. Once the recruitment process has been finalised, it is the Client’s responsibility to ensure all Candidate’s CVs are securely destroyed. If the Client is assessing the CVs for any future position that might become available, the Client may retain the CVs for this purpose only.
2.3 Any candidate information, including CVs and resumes are provided on a strictly confidential basis and in accordance with Privacy Legislation. This information may not be disclosed to a third party without prior consent by us. Acceptance of this information constitutes agreement to comply with privacy laws and to use this information only to the extent necessary to determine suitability of the candidate for employment or the provision of services.
2.4 In keeping with the relevant Privacy Legislation, past and/or present employers of the candidate may not be contacted without the express permission of the candidate or us.
2.5 Any contact with introduced candidates is to be made through us unless otherwise agreed.
3. Electronic Mail
3.1 Where we:
a) Wish to communicate with you; or b) Are required (for example, under any law), to provide you with information or a document inwriting, you consent to our doing so in electronic form (including by electronic mail to theaddress that you give us).
Where we send you any document in electronic form which is requiredto be signed on our behalf, you consent to our using any form of electronic signature that weconsider appropriate.
3.2 You acknowledge that electronic mail transmission may be insecure and consent to our including information relating to you and details of the services in any electronic mail message to you.
3.3 If we transmit any document to you electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus).
4.1 General Assignments. Our consultancy fees for the introduction of a Candidate for a permanent position are expressed as a percentage of the first year’s commencing total remuneration package, according to the following scale:
• Standard Recruitment Services – $8,000 + GST (Fixed Fee)
• Executive Search & Selection – By negotiation
The total remuneration package generally includes (but it not limited to) salary, estimated bonuses, allowances, superannuation, provision of a motor vehicle, and any non-cash benefits.
4.2 GST. The Fee is exclusive of GST, unless it is clear there is a contrary intention. “Input Tax Credit” and “Supply” have the same meaning as under A New Tax System (Goods and Services Tax) Act 1999.
4.3 Motor Vehicles. The provision of a motor vehicle to the Candidate shall be valued at $15,000 or at the actual cost to the Client, whichever is greater.
4.4 Retained Assignment. For an assignment that is agreed to be a Retained Assignment, the fee shall be payable in three equal instalments as follows:
• Engagement Fee – payable upon confirmation of the assignment and the search and mayinclude any initial advertising budget or associated costs.
• Short-list Fee – payable on presentation of a candidate short-list to the Client
• Appointment Fee – payable on the acceptance by the Candidate of an offer of employmentmade by the Client.
The fee for service is pre-determined at the start of an assignment and is based on a Total Remuneration Package as agreed between us and the Client.
Commencement, Short-list and Appointment Fees are non-refundable.
The Guarantee period of 3 months applies in accordance with the conditions spelled out in clause 8.1.
4.5 Contingent Assignments. For contingent assignments, fees are due in a single instalment payable upon the acceptance by the Candidate of an offer of employment made by the Client.
The fees are non-refundable.
The Guarantee period of 6 months applies in accordance with the conditions spelled out in clause 8.1.
4.6 Administration Fee. A 10% Administrative Fee will apply to all reasonable and / or prior agreed costs incurred by us in the course of performing work under these Terms and Conditions, where the Client was capable of incurring such expenses themselves. These expenses may include but are not limited to travel expenses (airfares, accommodation, car hire) and other interview related costs. The client will be directly invoiced at cost plus 10%, payable immediately by the Client upon issue.
We will not organise or incur any expenses without a Client’s prior approval.
5.1 The Client will pay all fees and charges in accordance with the terms of payments shown on our invoice.
Where fees are paid outside our terms, the Client will forfeit any claim under Clause 8.1 of these Terms and Conditions. In the event of non-payment, we reserve the right to charge interest at a flat rate of 1.5% per month on the unpaid invoices from the due date to the receipt of payment.
5.2 All fees and charges will be invoiced in Australian dollars and are to be paid in Australian dollars. All costs associated with exchange rate fluctuations are the responsibility of the Client.
5.3 The Goods and Services Tax (GST) will be applied at a rate of 10% on the full fee charged by us. The Goods and Services Tax is applicable only to services provided in Australia.
6. Subsequent Employment
6.1 In the event that the Candidate is not employed by the Client in the position with respect to which they were introduced, but is employed by the Client within 12 months from the date of the sending of the resume, in any other position, whether temporary or permanent, part-time or full-time, or the same position offered again within the said 12 months, then upon the occurrence of the said employment the Client is liable to pay us the same fee that the Client would have been liable to pay us had the Candidate been employed by the Client in the position for which the Candidate was originally introduced by us. No Guarantee (as per Clause 8.1) is applicable in this case.
6.2 In the event that the Candidate is not employed by the Client in the position with respect to which they were introduced, but the Candidate is introduced by the Client to a third party and the Candidate is employed by that third party within 12 months from the date of the sending of the resume in any position, whether temporary or permanent, part-time or full-time, then upon the occurrence of the said employment the Client is liable to pay to us the same fee that the Client would have been liable to pay to us had the Candidate been employed by the Client in the position for which the Candidate was originally introduced by us. No Guarantee (as per Clause 8.1) is applicable in this case.
7. Additional Placements
7.1 Should the Client offer employment to more than one candidate presented to the Client by us for the same role and this was not part of the original assignment specification, the fee applicable to any additional placements will be as follows:
• Contingent Roles – 100% of the original placement fee
• Retained Roles – 75% of the original placement fee.
8.1 We will use our best endeavours to replace a Candidate who leaves the Client within 3 months of commencing employment. The replacement must be for the position vacated. Only one replacement will be made per full fee paying assignment. If a replacement Candidate is offered a higher salary package, then the fee will be adjusted accordingly.
The guarantee will not apply in the following instances:
• Employment is terminated as a result of redundancy, company restructuring or change of job description after commencement of employment
• The Client has not made proper visa arrangement for the Candidate
• The Client has not paid the agreed fees within 14 days of the commencement of employment
• The Client has not paid each retained fee within 14 days from the date of each invoice (where applicable)
• Where the Client has not notified us within seven (7) days in writing of the termination of a Candidate
9.1 Reference checking is carried out as far as it is practical to do so. We make every effort to ensure that the suitability and reliability of Candidates remains at a high standard. We cannot accept any responsibility for any claim, error, loss, expense, damage or delay arising from any failure of staff however occasioned by submitted or successful Candidates or from any lack of skill, negligence, dishonesty or misconduct of the Candidates provided.