Ready to make a decision?
Get in touch with one of our consultants today.
INTRODUCTION OF CANDIDATES TO CLIENTS FOR DIRECT ENGAGEMENT
These terms of business are between 37TALENT PTY LTD ACN: 652 263 342 (“Us” or “We”) AND [Client]
(“Client’) “You” or “Your”) and are deemed to be accepted by the confirmation of an interview or engagement for any Candidate referred to Your business by 37Talent.
A.We are in the business of locating and placing staff.
B.You require staff to be located and placed.
THE PARTIES AGREE AS FOLLOWS
1. We will source Candidates and match them against the brief provided by You. We agree to; write and place advertisements on behalf of the Client when agreed, collect, and collate responses to the placed advertisements, conduct search through databases and networks, select suitable Candidates, screen applicants using interview techniques, provide a shortlist of recommended Candidates, arrange interviews between You and the Candidates You select from the shortlist and check references provided by Candidates. We will comply with all applicable laws.
1.1. 37Talent guarantees the placement of a permanent Candidate for 3 months. In the event Your final Candidate is appointed and proves to not be suitable within the Guarantee Period (to be separately agreed upon by the parties), We endeavour to source a replacement Candidate for You on the condition;
1.2. the Candidate was not made redundant,
1.3. the Candidate does not continue to work within Your business, or any business associated with Your business,
1.4. You have not breached any of Your obligations as an Employer including any which may have led the Candidate to show an unsatisfactory level of performance
1.5. You notify us of Your intention to act on this clause within five (5) business days of You notifying the Candidate of their dismissal.
1.6. You have paid the 37Talent invoice within its terms in respect of the Candidate whose employment was terminated
1.7. There is no significant change to the position location or job description to that of the original Candidate placed
1.8. You do not engage any other agency to fill that position
1.9. The guarantee is only available once for each position filled by a Candidate introduced by 37Talent.
2. All information provided to You by Us is only to be used to assess the suitability of each Candidate and cannot be used outside the scope of this Agreement.
2.1. You agree that all information regarding Candidates is confidential and should not be released to any party which is not privy to this Agreement. If this obligation is breached and as a result the Candidate is offered a position with another company, 37Talent may recover from You the fee which would have been payable under this agreement, as if the Candidate had been employed by You.
2.2. You should satisfy Yourself of the suitability of any Candidate and shall conduct any references and/or work permit, medical, qualification or background checks of a Candidate introduced to You by 37Talent prior to engaging such a Candidate.
2.3. You must organise any licenses or permits necessary for a Candidate to work for You.
2.4. You must notify 37Talent in writing of Your intention to make an offer of employment and the terms upon which You wish to employ a Candidate introduced to You by 37Talent.
2.5. You must not make an offer of employment directly to a Candidate. If this obligation is not met, You must notify 37Talent immediately of such offer.
2.6. You must not disclose to any party the terms of Your relationship with 37Talent, including the terms of this agreement, the process by which 37Talent finds Candidates for You, the fee payable by You and the terms of payment
3. The Parties agree this Agreement commences and is accepted when;
3.1. You receive these terms of business; and
3.2. You request Us to locate personnel on behalf of Your business; or
3.3. a signed copy of this agreement is returned to Us by You ("Effective Date").
3.4. The term of this Agreement is one (1) year from the Effective Date and shall automatically renew for an additional period of one year unless either party provides notice of its intention not to renew 30 days prior to the end date. Either party may terminate this Agreement for convenience at any time upon written notice to the other party. Upon the termination of this Agreement for any reason, Agency will promptly deliver all Company Confidential Information to Company in accordance with Company’s instructions.
FEES AND CHARGES
PERMANENT PLACEMENT FEE STRUCTURE
4. You agree to pay a Placement fee to 37Talent for the successful introduction of a Candidate for permanent employment to You. For this purpose, a successful introduction is when;
4.1. 37Talent introduces a Candidate to You that is subsequently engaged as a contractor or employee; and
4.2. You engage a Candidate as a contractor or employee within 12 months of 37Talent introducing that Candidate to You.
4.3. The Placement fee payable is based on a percentage of the total base salary and superannuation combined (Salary Package) of the placed Candidate.
$45000 to $100000 20%
$100001 to $20000 25%
$200001 and above 30%
4.4. Provided however the Placement Fee shall be refunded in full if the candidate is terminated within the Guarantee Period.
4.5. The minimum fee payable for a permanent placement is $5000.
4.6. If You withdraw a written offer of employment after it has been accepted by the Candidate, You must pay a service fee deemed to be 50% of the Placement fee.
4.7. The Placement Fee will not be invoiced to You until the Candidate has accepted the position offered
4.8. The Placement Fee is fixed regardless of the time taken to place a Candidate. In the event any requirements of the initial brief or assignment are modified by You after the commencement of this Agreement. We hold the right to renegotiate the Placement Fee to accommodate those changes.
4.9. The Placement Fee is payable within 14 days of the Candidate commencing the role with the Client. In the event of the Placement Fee not being paid in full within 14 days any agreed warranty period will be deemed void and all outstanding amounts will be forwarded to Our Solicitors/Debt Collectors at Your expense.
4.10. You agree to cover all reasonable costs incurred by Us as a result of any breach of section 2 of this agreement.
CONTRACT PLACEMENT FEE STRUCTURE
5. You will be required to sign a Contract Service Agreement setting out the terms for the provision of specified contract services
5.1. You agree to pay the hourly or daily charge to 37Talent for the engagement of the services of the contractor.
5.2. You must verify and sign 37Talent time sheets each week. Signature of such timesheet by You constitutes acceptance that the contractor has worked satisfactorily for the hours indicated on the timesheet. Failure to sign the timesheet does not alter Your liability to pay for hours worked. Travel or other expenses as agreed shall be itemised as an additional cost on the invoice.
5.3. Charges are invoiced weekly and are payable within 14 days of 37Talent invoice. In the event that the invoice is not being paid in full within 14 days all outstanding amounts will be forwarded to Our Solicitors/Debt Collectors at Your expense.
5.4. Should a contractor be offered a permanent position by You, a Permanent Placement fee will be paid in accordance with the Permanent Placement Fee Structure and a fee calculated in accordance with Clause 4.3.
GOODS AND SERVICES TAX (GST)
6. GST of 10.5% is not included in any fees or amounts noted in this agreement.
6.1. All Parties confirm they are registered for GST.
7. You cannot make any claim against 37Talent in relation to;
7.1. Any misrepresentations made by 37Talent to You as a result of misrepresentation made by a Candidate to 37Talent.
7.2. Any conduct of a Candidate introduced to You by 37Talent.
7.3. Each party’s rights against the other for a breach of its obligations in the introduction of a Candidate are limited to recovery offers paid by Client in connection with the introduction of that Candidate.
8. No changes may be made to this agreement without a separate document signed by both parties agreeing to any proposed changes.
8.1. Where there are more than two (2) of You this agreement will bind You all jointly and each of You separately.
8.2. This agreement represents the whole agreement between the parties and all prior representations, undertakings or statements previously made by wither party to the other are hereby expressly abandoned. Each party acknowledged and represents to the other that it has not relied upon such representations, undertakings or statement in deciding to enter into this Agreement.
8.3. Where any discrepancy exists between this Agreement and the laws of any relevant State or Territory within Australia, the relevant State or Federal Law will override the conflicting portion of this agreement only to the extent of the discrepancy.
8.4. This Agreement is governed by the laws of NSW and each party submits to the exclusive jurisdiction of that state.
9. “Us and We” 37Talent PTY LTD
9.1. “Client” and any Subsidiaries, Employee’s, Agents and Contractors.
9.2. “Candidate” means the person(s) or staff member which 37TALENT and You has selected as the appropriate person for the role.
9.3. “GST” means (Goods and Services Tax) Act 1999
9.4. “You and Your” means the Client or any person or representative with which 37TALENT is taking on this assignment.
AUTHORISED, AGREED AND ACCEPTED ON BEHALF OF 37TALENT BY:
AUTHORISED, AGREED AND ACCEPTED ON BEHALF OF THE CLIENT BY: