Terms of Business for the Supply of Recruitment Services 

YOU AGREE TO BE BOUND BY THESE TERMS OF BUSINESS UPON INSTRUCTING ACCEPT ME PTY LTD (ABN: 45 641 436 106) OR OUR NOMINATED ENTITY TRADING AS ‘EARN AND LEARN’ OF LEVEL 9, 250 COLLINS STEET, MELBOURNE 3000 (“E&L”) TO UNDERTAKE RECRUITMENT SERVICES ON YOUR BEHALF (“THE CLIENT”) (REGARDLESS OF WHETHER OR NOT THE CANDIDATE IS OFFERED ANY FORM OF ENAGEMENT BY YOU). 

1. Scope of Terms. These Terms of Business will apply to all permanent recruitment of candidates (“Candidate”) conducted by E&L and/or E&L related entities, and may only be amended in writing by an authorised company representative of E&L. In the event of a conflict between these Terms of Business and any other terms in place, the former will take precedence unless it is expressly agreed otherwise in writing by an authorised company representative of E&L. 

1. Entitlement to Fees. The acceptance of Resumes or interviewing of a candidate will be deemed as acceptance of these terms of business and agreement to pay the relevant agency fee for such candidates employed by the client to whom the referral E&Ls made or any other organisation or person associated with the referral. E&L will be entitled to a fee, payable by the Client (without limitation), where a Candidate is placed directly with the Client. A fee is also payable by the Client when, within 12 months from the introduction of a Candidate to the Client by E&L, the Client appoints the Candidate, or introduces the Candidate to a third party who then appoints the Candidate, either on a permanent or temporary basis. This clause also applies to the engagement of E&L employees who at the time of the engagement where employed by E&L and are engaged by the client within 12 months of when the Client last had contact with that E&L employee 

1. Permanent Fee Structure. E&L fees for permanent placements are calculated as a percentage of the Commencing Annual Remuneration package of the successful Candidate (for the first year including superannuation and benefits). 

            Annual Package or experience (All fees are + GST)

Guarantee Period 

• Working Holiday Visa holders $500 fee
• Direct casual employees $1000 fee after 2 weeks probation. 2-week guarantee period
• Apprenticeship, Traineeship & Work Based Training (WBT) WBT $1500 placement fee (no Gov wage sub) or; $500 per quarter for 12 months (With Gov wage sub), 4 weeks guarantee period

• Less than $50K per year, $2000 flat fee, 12-week guarantee period
• $51K - $60K per year, $3000 flat fee, 12-week guaranteed period
• $61K - $80K per year, $4000 flat fee 12 week guarantee period
• $81K and above, 15% of annual salary, 12-week guarantee period

Commencing Annual Remuneration means the successful Candidate’s total annual remuneration including all guaranteed bonuses, allowances and half of the first year on target earnings. Where the remuneration is expressed in a different currency, the fee will be based on the AUD$ equivalent, calculated according to the bank conversion rate for such currency on the relevant engagement date. All fees are non-inclusive of GST. 

1. Casual, Contract, Temporary Fee Structure. Our total fees rates are based on the Contractor’s monthly salary, superannuation, statutory costs (payroll tax, insurances etc) and E&L mark-up. 

1. Superannuation is in addition to the Contractor’s Monthly Salary 
2. E&L charge 20% of the Contractor’s Monthly Salary, super and statutory costs as Secondment Fee; and 
3. All Statutory Benefits stated in the Employment Ordinance will be charged back to the client. 

All related and reasonable expenses (as approved by Client) including (but not limited to) travel, reasonable expenses, incurred by the Contractor will be invoiced with a 10% mark-up applied unless otherwise agreed by E&L. Loss of working day(s) due to severe weather conditions maybe deemed billable. E&L Contractors are required to submit time report at the end of their pay period. As the immediate supervisor, the Client must verify the hours worked by signing and dating the time report or the timesheet with be deemed accepted by the due date. A copy of the time report should be kept for your company records. Our Contractor submits a copy to E&L and keeps a copy for their record. No payment should be made directly to any Contractor without the prior written approval of E&L. 

1. Advertising. E&L may advertise an assignment on behalf of the Client and at the Client’s cost, at rates agreed at the time of booking. Where the Client cancels an advertisement with insufficient notice, they will be liable for any costs associated with the cancellation. This includes the full cost of the advertisement where withdrawal is not possible due to media booking deadlines. 

1. Costs. All reasonable and preapproved expenses incurred by each Candidate in attending interviews will be payable by the Client. 

1. Payment Terms. All fees are payable within (15) days of date of the invoice, unless otherwise agreed between a E&L Authorised Company Representative. The invoice is raised on the start date of the successful hire or raised at the end of the contractor’s pay period. 

1. If the Client wishes to dispute any charges invoiced it will do so within 15 days of receipt of the invoice. The Client will be deemed to have accepted the invoice if no specific dispute is raised. Any dispute will not affect payment of any non-disputed charges appearing on the same invoice or the payment of any other invoices due under these Terms of Business. 
2. Should E&L incur any costs in recovering amounts overdue under these terms and conditions, the costs may be charged to the Client in addition to the amount of the invoices due. Costs in this clause include, but are not limited to: interest charged (Overdue accounts will be subject to a surcharge of 2.5% of the sums overdue per month or part thereof) and legal fees incurred or any other third party debt recovery fees. 

The fees will be invoiced and are payable in Australian dollars (AUD$). All costs associated with exchange rate fluctuations are the responsibility of the client. 

1. Replacement Guarantee. In the unlikely event that the E&L Candidate fails to demonstrate the required competencies (as detailed in the assignment specification) and is terminated for cause or resigns within the guarantee period, E&L will provide a replacement Candidate without any further fees provided the fee is paid within 14 days of the original invoice date. Only one replacement will be provided. A replacement guarantee is not applicable where the Client has not complied with these Terms of Business or termination is a result of: 
2. Any organisational or structural changes in the Client’s business 
3. A change or anticipated change in job specification or location 
4. The Client’s failure to fulfil its actual or implied legal obligations to the Candidate (including without prejudice, the obligation of fairness) 
5. The Candidate subsequently being engaged by a subsidiary or associated company of the Client. 

The replacement guarantee applies only to the role affected and cannot be transferred to another role or to a role that is altered from the original brief. To make a valid Guarantee claim, E&L must be notified within seven (7) days of the Candidate’s termination/resignation. If the replacement candidate is more senior E&L will charge the fee difference upon start date and no second replacement guarantee will be given. 

1. References. E&L will conduct thorough reference checks for the selected Candidate(s) prior to offer stage upon Client’s request. Whilst every effort is made, E&L cannot guarantee the authenticity of references taken; it is the responsibility of the Client to ensure Candidate suitability for the role. The Client shall not make any approach to the Candidate’s present or prior employers without the Candidate’s prior written consent. E&L will not be liable for any untrue statements or misrepresentations made by any Candidate or for the accuracy, currency of completeness of information provided by a Candidate or a third party as to the suitability of a Candidate. 

1. Offers of Employment. E&L will assist in negotiating an offer with the Candidate and will act strictly in accordance with the Client’s instructions. 

1. No Warranty. Although E&L will conduct initial interviews, use reasonable endeavours to ensure that the Candidates introduced to the Client are appropriate given the assignment brief provided by the Client and provide a short-list of Candidates, E&L makes no warranty as to the suitability of any Candidate to a particular position. It is the responsibility of the Client to ensure that a Candidate is suitable to the position to which they are appointed.  

1. Liability.  E&L will make every reasonable endeavour to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Contractor introduced and further to provide them in accordance with the details agreed at the time of the placement. However, no liability will be accepted by E&L for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) arising from failure to provide any particular Contractor for all or part of the period of the assignment or from negligence, dishonesty, misconduct or lack of skills, qualifications or experience of the Contractor assigned to the Client. 

1. Fixed Term or Contract to Permanent Hire. Please note that the Candidates provided under this agreement are provided for permanent positions. In the event that you should elect to employ the Candidate on a temporary to permanent basis (E&L’s Terms of Business for the Supply of Temporary Placements will apply), no additional discount will be provided on the subsequent placement fee when the Candidate is hired into a permanent position. 

If (initially, during an Assignment or within twelve months thereafter) the Client offers a Fixed Term Contract to the Contractor, whereby the Contractor is paid directly by the Client, a charge will be payable by the Client. The charge will be pro-rata for the length of the contract, as specified in E&L Standard Terms of Business for the Supply of Permanent Recruitment Services. 

1. Termination. This contract can be terminated by the provision of one month’s written notice by either party to the other party. 

Either party may terminate the Assignment immediately by written notice if, 

a. The other party commits any material breach of this agreement that is incapable of being remedied or 

b. The other party commits any other breach that is not remedied within 5 days of written notice of the breach having been given to the other party

c. The other party becomes insolvent, is adjudicated bankrupt, has a receiver appointed, has a resolution passed or order made for its liquidation. 

1. Confidentiality/Privacy and intellectual Property. All information regarding a Candidate is personal data pursuant to the Personal Data (Privacy) Ordinance is confidential and provided to the Client only to enable the Client to assess a Candidate for prospective employment. The Client agrees to use and store all such personal information only for the purposes of these Terms of Business and in accordance with the Personal Data (Privacy) Ordinance and to comply with any requests made by E&L with respect to such personal data pursuant to the Personal Data (Privacy) Ordinance including to erase, return, correct or cease using the personal data. The Client agrees not to disclose such information without E&L’s written consent. E&L owns the Intellectual property in any resumes provided and the Client agrees it will keep confidential any resumes or other E&L materials are provided. E&L will treat the Client’s information as confidential. This clause survives the termination of these Terms of business and the Client indemnifies E&L against any loss, liability damage or expense which E&L suffers as a result of the Client’s breach of this clause. 

1. Compliance with laws. These terms of business shall be governed and construed in accordance with the laws of the Australian as amended from time to time and the parties submit to the exclusive jurisdiction of the courts of Australia. 

1. Non-competition. The Client shall not solicit E&L employees. In the event that the Client places a E&L employee in a role with the Client or any other person or body to whom the Client has introduced the employee, the Client will be charged a fee based on the Fees structure in accordance with the Terms & Conditions of Business for Permanent Placements. 

AGREEMENT : Acceptance of interviewing a candidate from Earn & Learn you have agreed to the terms and conditions contained in the Terms of Business for the Supply of Recruitment Services.