TERMS & CONDITIONS
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These Terms of Business are between Require Resources and its Customer each time Require Resources provides recruitment services to a Customer.
Acceptance of Terms of Business
The Customer agrees to be bound by these Terms of Business by acting upon details of candidates (including employing or engaging candidates in a permanent or contract position or referring details of candidates to a third party that employs or engages the candidate in a permanent or contract position) introduced by Require Resources for a Permanent or Contract position.
Variation to Terms of Business
Any variation to the Terms of Business must be mutually agreed by both parties in writing.
These Terms of Business are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
These Terms of Business and any written variations agreed to in writing represent the whole agreement between the parties relating to the subject matter of these terms.
These Terms of Business supersede all previous agreements by and on behalf of either of the parties.
In entering into these Terms of Business, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by Require Resources or any of its employees or agents relating to or in connection with the subject matter of these Terms of Business.
If any provision of these Terms of Business at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
Reservation of Rights
A party’s failure of delay to exercise a power or right does not operate as a waiver of that power or right.
A notice of other communication required or permitted to be given by one party to another must be in writing to the address shown for that party, and delivered personally; sent by pre-paid mail to the address of the addressee specified; sent by facsimile transmission to the facsimile number of the addressee specified; or sent by email to the email address of the addressee specified with acknowledgement of delivery.
A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the third business day after posting; or if sent by facsimile or email before 4pm on a business day at the place of receipt, on the day it is sent and otherwise on the next business day at the place of receipt.
A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.
“Candidate” means any person who has sought or obtained placement by Require Resources in (i) Permanent or fixed term employment with a Customer of Require Resources, or (ii) by way of a contract assignment with a Customer of Require Resources.
“Customer” means any person or body to which Require Resources provides services and any Customer Related Entity.
“Customer Related Entity” means any entity connected with the Customer including (i) an entity with a common interest in an economic enterprise, for example, a related body corporate (as that term is defined in the Corporations Law) or a joint venture partner, or (ii) another government department or organization within the public service sector.
“Contract Assignment” means the provision of either an Independent Contractor, or an On-Hire Employee to carry out a contract assignment for a Customer of Require Resources.
“Fixed Term” means any person who has accepted or obtained placement by Require Resources on a fixed term basis with a Customer of Require Resources. A Fixed Term Placement is employed by the Customer and the Customer takes responsibility for meeting all payroll and legislative requirements.
“Require Resources” means The Trustee for The V 2 Trust T/A Require Resources (ABN 14205921187) and any Require Resources Related Entity.
“Require Resources Related Entity” means any entity connected with Require Resources by a common interest in an economic enterprise, for example, a related body corporate (as that term is defined in the Corporations Law) or a joint venture partner.
“Independent Contractor” means any entity engaged by Require Resources to carry out a contract assignment with a Customer of Require Resources, who is engaged as an independent contractor and not as an On-Hire Employee.
“On-Hire Employee” means any person placed by Require Resources on a contract assignment basis with a Customer of Require Resources, who is employed or engaged by and/or payrolled by Require Resources.
“Permanent” means any candidate who has accepted or obtained Permanent employment with a Customer.
“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).
“Privacy Laws” means the Privacy Act 1988 (Cth) and any other applicable privacy or data protection laws.
“Standard Fee Structure” means a fee of 14% of the annual remuneration package including base salary, employer superannuation contributions (including compulsory contributions), personal superannuation contributions and allowances.
1.1 All Contract Assignment and all Permanent placement fees are payable within 14 days of the invoice date.
Fees for Permanent Assignments, Fixed Term Assignments and Buy-outs
Contingent Assignment – The Customer is seeking candidates but is not seeking an exclusive supplier relationship. The fee is as per the Standard Fee Structure.
Fixed Term Placement – The placement fee for a Fixed Term placement is calculated as per the Standard Fee Structure but is calculated on a pro rata basis. Further fees will apply in the event that the candidate is extended beyond the initial contract period to a maximum of twelve (12) months.
Buy-Out – Where an On-Hire Employee or Independent Contractor is transferred to a Permanent or Fixed Term employment or engages with the Customer directly or via another person or body to whom the Customer has introduced the On-Hire Employee or Independent Contractor, the Customer will be charged a fee based on the Standard Fee Structure.
Invoicing for the final amount in relation to completion of a Contingent Assignment, Fixed Term Placement or Buyout (1.2, 1.3, 1.4) will take place as soon as the offer has been made and accepted by the successful candidate.
Retained Assignment – The Customer has requested an exclusive service to seek Candidates.
The placement fee for Retained Assignments is as per the StandardFee Structure and is payable in 3 stages:
a) One-third of the total estimated fee upon acceptance of the assignment;
b) One-third of the total estimated fee upon presentation of the shortlisted Candidates;
c) The balance is payable upon successful completion of the assignment, which occurs as soon as an offer has been made and accepted by the successful Candidate;
The Customer must pay for all work performed by Require Resources until the Customer terminates the assignment.
Permanent placement, fixed term placements, and buy-out fees are calculated according to the Standard Fee Structure as a percentage of a Candidate’s commencing annual remuneration package. The annual remuneration package includes base salary, employer superannuation contributions (including compulsory contributions) and allowances. Where a Candidate is placed in a Permanent role on a part-time basis the salary for calculating the placement fee will be on the basis of a full-time equivalent salary.
Fees for Contract Assignments
The fee will be negotiated prior to commencement of each Contract Assignment or specific project. The fee is based on the standard rate that would be paid to the On-Hire Employee or Independent Contractor, or their nominated representative, based on standard working hours only.
Require Resources may vary the fee at any time (including retrospectively) without notice in light of the following:
a) overtime rates, shift penalties, allowances or other rates payable pursuant to any award or agreement or rate of pay set by Fair Work Australia (or other relevant body) applicable to the On-Hire Employee;
b) insurances, insurance premiums, or any statutory charges, levies, taxes or other payments Require Resources is lawfully required to make or for which Require Resources may become liable in respect of providing an On-Hire Employee or Independent Contractor under these Terms of Business.
The Customer must pay the fee to Require Resources according to the number of hours worked by an On-Hire Employee or Independent Contractor, or their nominated representative for the Customer. Invoices are produced weekly based on the actual hours worked by the On-Hire Employee in accordance with timesheets authorized by the Customer.
2. Permanent Placements - General Provisions
If the requirements set out in this clause are met, Require Resources will honor a replacement guarantee for Candidates recruited and placed as Permanent employees with the Customer.
This guarantee means that if the successful Candidate ceases employment with the Customer within three months of commencing employment with the Customer (“Guarantee Period”), and the requirements below are met, Require Resources will endeavor to find a replacement Candidate for the position without charging additional placement fees.
In circumstances where the fee is paid on acceptance of offer by the Candidate, and a Candidate withdraws their acceptance of an offer of employment from the Customer prior to commencing such employment, the replacement guarantee applies, subject to the terms set out below.
The replacement guarantee only applies if:
a) all fees, charges and expenses owing by the Customer have been paid in full in accordance with the payment terms agreed, and the Customer has no other amounts outstanding to Require Resources;
b) the request to replace the Candidate is given exclusively to Require Resources;
c) Require Resources is notified within 5 business days of the Candidates resignation that the Customer wishes to invoke the guarantee;
the original job description and assignment specification does not alter; and
d) the original job description and assignment does not alter; and
e) there is not an unreasonable delay by the Customer in instructing Require Resources to source the replacement Candidate
f) the customer actively engages in all required activity and promptly responds to all communication regarding the replacement Candidate recruitment process
The replacement guarantee does not apply:
a) if the Candidate’s employment ceases for reasons beyond Require Resources’s control such as redundancy, company restructure, economic circumstances, company closure, change of management or change in duties; or
b) if the Candidate is engaged by the Customer in an On-Hire Employee capacity through Require Resources immediately prior to the acceptance of a Permanent position with that Customer; or
c) to replacement Candidates provided under this Clause.
The replacement guarantee is not transferable to other placements or services, and the Customer is not entitled to any credit or refund for replacement guarantees that the Customer does not wish to pursue or which are undertaken by Require Resources but not completed.
Any additional advertising costs are not included in this replacement guarantee.
If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted appropriately.
Responsibilities After Permanent Placement
Once a Candidate is placed as an employee with a Customer, the Customer is the Candidate’s employer and has sole responsibility for the employee. Require Resources has no liability or obligations in respect of the Customer’s employee, including, without limitation, in respect of the termination of employment of the employee for any reason by the Customer. This also applies to Fixed Term Placements.
3. Contract Assignments - General Provisions
Require Resources can provide On-Hire Employees and Independent Contractors as required by the Customer to provide services in accordance with these Terms of Business and the verbal or written job specifications given by the Customer for a particular Contract Assignment. If Require Resources issues an assignment letter for a particular assignment, the provisions of that letter operate in conjunction with these Terms of Business. If the assignment letter differs from these Terms of Business, the Assignment letter prevails (to the extent of that difference).
On-Hire Employees and Independent Contractors are available for assignments of varying duration to suit the needs of the Customer. However, with respect to Candidates engaged on a temporary basis, there is a minimum booking for each temporary of 4 or more consecutive hours, and if the On-Hire Employee or nominated representative of the Independent Contractor is engaged for less than 4 hours the minimum of 4 hours will be invoiced.
Require Resources Responsibilities in Relation to On-Hire Employees
If the need arises, Require Resources may substitute one On-Hire Employee for another.
Require Resources has the following responsibilities in relation to On-Hire Employees (where applicable):
a) payment of remuneration;
b) deduction of all appropriate taxation required by the Australian Taxation Office;
c) workers’ compensation payments;
d) superannuation guarantee charges; and
e) payroll tax.
Customer’s Responsibilities in Relation to Contract Assignments
The Customer has direct supervision and management of the On-Hire Employee and nominated representative of the Independent Contractor in the performance of each Contract Assignment for the Customer. The Customer directly controls the conditions under which the assignment is performed, and the outcome of the On-Hire Employee or nominated representative of the Independent Contractor.
The Customer is responsible for ensuring the health and safety of the On-Hire Employee or nominated representative of the Independent Contractor while the On-Hire Employee or the Independent Contractors providing services to the Customer at the Customer’s premises, and must satisfy all its obligations in relation to the On-Hire Employee or nominated representative of the Independent Contractor under applicable occupational health and safety and discrimination legislation. This includes, but is not limited to, the following:
a) providing all necessary induction and other training and issuing all necessary policies, procedures and directions;
b) immediately notifying Require Resources of any occupational health and safety risks or discrimination or harassment issues in connection with the provision of services by the On-Hire Employee or nominated representative of the Independent Contractor;
c) requiring the On-Hire Employee or nominated representative of the Independent Contractor to perform only those tasks that that person is skilled and trained to perform; and
d) immediately notifying Require Resources if there are any changes in the tasks that the On-Hire Employee or nominated representative of the Independent Contractor is assigned to perform for the Customer;
The responsibility for protecting the Customer’s confidential information and intellectual property lies solely with the Customer. Require Resources is not liable for any claim arising from the Customer’s Confidential Information and Intellectual Property;
The Customer is responsible for ensuring that the On-Hire Employee or nominated representative of the Independent Contractor is adequately covered by any insurance policy held by the Customer in respect of the Customer’s business. For example, if the On-Hire Employee or nominated representative of the Independent Contractor is required by the Customer to handle valuables such as cash, operate machinery or equipment, drive vehicles or handle documentation.
Cancellation of Contract Assignment
If the Customer wishes to cancel a Contract Assignment prior to the scheduled commencement of the assignment, the Customer must notify Require Resources in writing in sufficient time for Require Resources to advise the On-Hire Employee or Independent Contractor of the cancellation.
If Require Resources is unable to advise the On-Hire Employee or Independent Contractor prior to the scheduled commencement of the assignment, the Customer must pay Require Resources for the minimum booking of 4 hours.
Termination of Contract Assignment
The Customer may immediately terminate a Contract Assignment by giving verbal notice to Require Resources.
The Customer must pay the fee for all hours worked by the On-Hire Employee or Independent Contractor up to the time that the On-Hire Employee or Independent Contractor leaves the Contract Assignment.
Replacement Guarantee for On-Hire Employee and Independent Contractors
Require Resources undertakes to endeavour to replace an On-Hire Employee or nominated representative of an Independent Contractor at any time where a Customer is not satisfied with an On-Hire Employee or Independent Contractor.
If the requirements set out in this clause are met, Require Resources guarantees that if a Customer is not satisfied with an On-Hire Employee or Independent Contractor and Require Resources is notified in accordance with this clause, Require Resources will endeavour to find a replacement On-Hire Employee or Independent Contractor without charging for the first four hours of the first On-Hire Employee or Independent Contractor.
The replacement guarantee only applies if:
a) It relates to an assignment that is of seven hours or greater;
b) Require Resources is notified within four hours of commencement of the Contract Assignment;
c) the Customer has no amounts outstanding to Require Resources; and
d) the original assignment specification does not alter.
Any additional advertising costs are not included in this replacement guarantee.
Approaches to On-Hire Employees or Independent Contractors
The Customer must not discuss the On-Hire Employee or Independent Contractor Fees, or any change to the On-Hire Employee or Independent Contractor Fee, with an On-Hire Employee or Independent Contractors or its nominated representative.
If a Customer makes an offer of Permanent employment to an On-Hire Employee or nominated representative of an Independent Contractor who is performing an assignment for the Customer (or who has performed an assignment for the Customer during the previous 6 months) which the On-Hire Employee or nominated representative accepts, the Customer must pay to Require Resources the Permanent placement fee in respect of the On-Hire Employee/ Nominated Representative in accordance with Require Resources’ Standard Fee Structure.
If a Customer makes an offer of further or different Contract Assignment to an On-Hire Employee or Independent Contractor who is performing or carrying out the assignment for the Customer (or who has performed an assignment for the Customer during the previous 6 months) which the On-Hire Employee or Independent Contractor accepts, the Customer must pay Require Resources for that assignment in accordance with these Terms of Business.
The fees payable under this clause are due and payable within 7 days of the On-Hire Employee or nominated representative of the Independent Contractor commencing employment or the new assignment.
4. General Terms
Introduction of Candidates
The introduction of a Candidate is strictly confidential.
If a Candidate or his or her details are introduced to or passed on to the Customer (including the transfer of a candidate’s details to the Customer’s database), and that introduction or transfer results in the Permanent employment or engagement on a contract basis of the Candidate within 6 months of the introduction, the Customer must pay Require Resources the appropriate fee in accordance with these Terms of Business and Require Resources Standard Fee Structure.
If a Candidate introduces another Candidate to the Customer and that introduction results in Permanent employment or engagement on a contract basis of that Candidate, the Customer must pay Require Resources the appropriate fee in accordance with these Terms of Business and Require Resources Standard Fee Structure
Liability and Indemnities
Require Resources makes every effort to provide proper details of Candidates qualifications and experience. However, Customers are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.
Require Resources is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Customer, or for which the Customer may become liable, arising from:
a) the introduction by Require Resources of Candidates (or delay in any such introduction); or
b) the failure of a Candidate to accept an offer of employment or Contract Assignment.
The Customer indemnifies Require Resources (and keeps Require Resources indemnified) on a full indemnity basis in respect of all losses, liabilities, costs or claims arising from or related to:
a) the actions or omissions of a Candidate, performing an assignment for the Customer, whether wilful or negligent and whether or not occurring at
the Customer’s premises or the place where the assignment is performed;
b) any failure or alleged failure of a Candidate, to duly perform his or her obligations;
c) personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and
d) damage to any property arising from, or related to the performance by a Candidate, of his or her obligations.
e) any occasion when an On-Hire Employee or Independent Contractor carrying out a Contract Assignment with the Customer is required to attend jury duty during the course of the Contract Assignment.
f) any omission, inaccuracy or conduct of the Customer in relation to the recruitment services.
The Customer further indemnifies Require Resources (and keeps Require Resources indemnified) on a full indemnity basis in respect of all claims related to the Candidate's assignment with the Customer, including but not limited to termination of the assignment by the Customer.
Payment for Work Performed
The Customer shall make payment to Require Resources for all work performed, including where the Customer materially changes its specifications and Require Resources performs additional work.
Other Customer Obligations
The Customer must notify Require Resources as soon as the Customer makes an offer of employment to a Candidate introduced to the Customer by Require Resources and must provide details of that offer.
If the Customer defers a hiring decision in respect of a recruitment assignment performed by Require Resources and a Candidate is hired within 6 months of the date of the initial introduction by Require Resources or the first interview, whichever is later, the Customer must pay to Require Resources the appropriate placement fee in accordance with these Terms of Business.