Trading Terms & Conditions
Effective as of: 11 April 2023
Introduction
These Trading Terms & Conditions ("Terms") govern the recruitment services provided by Nexus Recruitment ("the Agency") to the client ("the Client"). By engaging the Agency, the Client agrees to be bound by these Terms.
Services Provided
The Agency will provide recruitment services to the Client for the purpose of sourcing and introducing suitable candidates for specified job roles ("the Position"). The Agency will make reasonable efforts to identify candidates, assess their suitability, and present them to the Client.
Fixed Fee Structure
The Client agrees to pay the Agency a fixed recruitment fee ("the Fee"). The total recruitment fee is $2400.00 + GST, payable in two instalments:
• First Instalment: $1400.00 + GST, payable before the job advertisement is published. This instalment is non-refundable, regardless of the outcome of the recruitment process.
• Second Instalment: $1000.00 + GST, payable only if the Client hires the candidate (i.e., upon the candidate’s acceptance of an offer or the commencement of employment).
Multiple Positions
In cases where the Client is recruiting for multiple positions with the same job title, and only one candidate is successfully hired, the second instalment will still be payable for the position filled, even if no other candidates are hired for the remaining positions.
Invoicing and Payment
The Agency will issue invoices for the fixed fee as follows:
• First Instalment: An invoice will be issued before the role is advertised, with payment due prior to the advertisement being published.
• Second Instalment: An invoice will be issued upon the candidate’s acceptance of an offer or the candidate’s start date, whichever comes first. Payment for the second instalment is due within 15 days of the invoice date. Late payments may be subject to an interest charge of 10% per month. Payments should be made using the online payment methods provided on the issued invoice.
No Replacement Guarantee
If a placed candidate leaves the Client’s employment (voluntarily or involuntarily), the Agency does not offer a replacement guarantee. The Client is responsible for managing employee retention and any subsequent hiring needs.
Candidate Ownership
Once a candidate has been successfully placed, the Client acknowledges that the candidate is solely the responsibility of the Client for the purposes of employment law. The Client agrees to treat the candidate as an employee and to comply with all relevant employment regulations.
Non-Solicitation
The Client agrees not to solicit, employ, or engage the services of a candidate introduced by the Agency for a period of 6 months following the placement, without prior written consent from the Agency. If the Client does so, a fee equivalent to the recruitment fee will be due.
Client Obligations
The Client agrees to:
• Provide the Agency with accurate and complete job descriptions, candidate specifications, and any other necessary information.
• Cooperate with the Agency in scheduling interviews and assessments.
• Notify the Agency promptly if a candidate is offered a position or if the hiring process is halted.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the recruitment process. This includes, but is not limited to, business plans, financial data, and personal details of candidates.
Limitation of Liability
The Agency shall not be liable for any indirect, special, or consequential loss arising from the recruitment process or the placement of a candidate. The Client's sole remedy for any claim shall be limited to the amount of the Fee paid by the Client.
Termination
Either party may terminate the agreement with written notice if there is a material breach of these Terms. Upon termination, the Client remains liable for any fees owed to the Agency for placements made prior to termination.
Governing Law
These Terms shall be governed by and construed in accordance with the Fair Work system in Australia, which is managed by the Fair Work Commission and the Fair Work Ombudsman. The Fair Work system governs recruitment laws in Australia and applies to most employers and employees across the country. It covers constitutional corporations and private sector workplaces in New South Wales, Queensland, South Australia, Western Australia. The Fair Work system includes the National Employment Standards (NES), which set minimum requirements for employment contracts.
Laws governing recruitment
• Anti-discrimination laws: Prohibit discrimination based on a person's background or personal characteristics.
• Fair Work Act 2009: The basis for claims heard in the Federal Circuit and Family Court of Australia and the Federal Court of Australia.
• Other laws governing employment include:
• Common law
• Contracts of employment and contracts for services
• Awards and enterprise agreements
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.
Job Advertisement Re-Posting
If the Client does not find a suitable candidate from the first job advertisement, a second job advertisement will be posted, and the recruitment process will start again. If the Client is again unable to hire a suitable candidate from the secondary job advertisement, the recruitment process will end. Multiple Hires: If the Client is recruiting for multiple positions and successfully hires one candidate, the recruitment will be deemed successful, and the Client will not be eligible for re-posting for that position.
Nexus Recruitment Guarantee
The Nexus Recruitment Guarantee starts from the date of acceptance of the position. If the candidate ends their employment with the employer or the employer ends the candidate's employment within 90 days, the Client is entitled to:
• A credit of $1000.00 + GST on their account for future recruitment services Please Note: You are not eligible for any credit in cases of employee redundancy, business liquidation, business closures, or similar circumstances Multiple Positions with the Same Job Title: If the Client successfully hires more than one candidate from the same job advertisement, but one of the hired candidates leaves within 90 days, the recruitment process is still deemed successful and the Nexus Recruitment Guarantee is not payable.
Eligibility for the Account Credit
Eligibility is subject to Nexus Recruitment's review and approval process. To begin the review process, email Nexus Recruitment at enquiries@nexusrecruiting.au
with the subject line Credit Claim_<Business Name> within 7 days of employment ending, Australian Eastern Standard Time (AEST), one of the following:
The employee (candidate) ends their employment with the employer
The employer (client) ending the employee's employment
Please also provide documentation verifying the end of employment.
Nexus Recruitment will independently verify the information provided, which may include contacting candidates.
The review process may take up to 30 days. Outcome of claim will be notified by email. If claim successful, a credit will be applied to the client's account. Credits to accounts may take up to 48 hours to process. Please note: You are not eligible for credit in cases of employee redundancy, liquidation, business closures, or similar circumstances.
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