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When you engage Fresh Placements to provide recruitment services to you the following terms of business will apply, subject to any variation agreed with you in writing. PERMANENT EMPLOYEES Candidates will be identified by us based on job description agreed with you. If you make an offer of employment to a candidate identified by us and the offer is accepted, you must pay us a fee which (unless otherwise agreed in writing) will be the greater of: 8% of the commencing salary plus superannuation plus GST; or $1,500 plus GST Payment of the fee must be made within 30 days after the issue of our invoice. SERVICE FEE A non-refundable service fee will apply for all advertised positions. Once we have accepted your instructions to advertise for a position, you must pay as a fee which (unless otherwise agreed in writing) will be the greater of: 30% of the full fee (calculated using the percentage rate agreed with you multiplied by the median of the commencing salary range provided by you); or $1,500 plus GST This fee will only be levied once, irrespective of the number of times the position is advertised. Once the position is filled, you must pay us the balance of our fee for a permanent employee in accordance with these terms of business. Payment of the service fee must be made within 14 days after the issue of our invoice. GUARANTEE If the employment of a permanent employee introduced by us is terminated by you within 3 months from the date of commencement of employment, we will, subject to availability, replace that person at lower rate (to be negotiated), provided
The replacement of an unsuitable employee is available only in the respect of the initial employee and not in respect of any replacement employee; If a replacement employee is provided by us and subsequently the initial employee who was dismissed is re-employed by you (or any associated person, company or entity) in any capacity, then you must pay us the full fee which would have been paid for the replacement employee if the replacement employee had been the initial employee and not a replacement. Our invoice remains payable whether or not you choose to take a replacement employee under this agreement. TEMPORARY STAFF If we provide persons for the employment on a temporary basis you must pay for each such person on an hourly rate basis as agreed with you. The minimum charge is 4 hours per week. The hourly rate is inclusive of workers compensation, payroll tax, superannuation, payment summaries, payroll preparation, award leave surcharge, our service fee and similar costs and expenses. If you notify us within 4 hours after the temporary staff person commences work for you that the person is unsatisfactory, we will replace that person free of charge, subject to availability. Payment of the hourly rate must be made within 7 days after the issue of our invoice. Should you decide to retain the services of any of our temporary staff within your organization on a permanent basis, then based on the duration of the initial assignment, the following fee structure will apply: For assignments of up to 3 months duration, the full permanent fee is payable with a 3 month guarantee. For assignments of between 3 and 12 months duration, the minimum fee ($1500 plus GST) is payable with no guarantee For assignments exceeding 12 months, no fee is payable with no guarantee. ADVERTISING COSTS AND OUT OF POCKET EXPENSES You must reimburse us for all advertising costs and all other out of pocket expenses we incur in seeking to provide a person for you. APPLICANT INTRODUCTION & AUTHORITY TO SUBMIT Prior to introducing a candidate to you (whether by providing a resume, arranging an interview or as a temporary staff member or by any other means) we obtain the candidate's confirmation that they have not otherwise submitted their details to you in an attempt to secure employment with you (or with any associated person, company or entity). This includes any submissions made on their behalf by any third party. In doing so we seek to prevent any misunderstanding that may arise with a candidate whose details are already known to you. Therefore if within a period of 48 hours from the date we introduce them, you have not notified us of any prior introduction we will assume ours to the initial introduction. We also obtain the candidate's authority for a period up to 12 months to introduce the candidate for any future positions with you (or any associated person, company and entity). Therefore, if the candidate is employed on a permanent of temporary basis by you (or with any associated person, company or entity) within the period of 12 months from the date of first introduction to you (or in the case of a temporary staff person, from the date that the person's assignment with you ceased) you must pay us our fee for a permanent employee in accordance with these terms of business. Special rates may apply for temporary staff - see the section headed "Temporary Staff". CONSULTING SERVICES Terms and charges will be detailed upon request. DISCLAIMER OF LIABILITY The decision to offer employment to any person always involves a subjective assessment and the risk of a future change in circumstances. Accordingly, subject to these terms of business, as varied by agreement with you, and subject to any contrary law which cannot be excluded, to the full extent permitted by law, you waive and release us from liability for any loss or damage and any cost of expense which you might incur or for which you might become liable as a result of employing any person introduced or provided by us. |