TERMS AND CONDITIONS OF BUSINESS

Current as at January 2019

These terms and conditions of business are deemed to be the basis of Heart Recruitment’s agreement with you (the Client) to supply or engage permanent or contract employees and will become effective upon engagement of Heart Recruitment’s services.

Confidentiality

All information provided by Heart Recruitment both verbal and written is to be treated as strictly private and confidential. It should not be disclosed to any other party directly or indirectly without the express, written approval of Heart Recruitment.

Fee for service

The fee payable by the Client to Heart Recruitment for the introduction of a candidate who subsequently accepts an engagement is calculated as a percentage of the candidate’s first year annual salary including superannuation (permanent placements) and a percentage of daily rate or pro rata salary including superannuation (contract placements). Unless otherwise stated, all fees quoted are exclusive of GST.

The fee is still payable if the candidate is engaged in a position other than the one originally intended.

If the Client subsequently employs a contract candidate on a permanent basis, the Client must pay Heart Recruitment a permanent placement fee as above. Heart Recruitment does not offer a replacement guarantee for any contract to permanent placements.

No charge whatsoever is made to the candidate in any circumstances.

Acceptance

By interviewing a candidate introduced by Heart Recruitment, the Client accepts these Terms and Conditions of Business and the fees quoted within.

Ownership and subsequent placement

All introductions of candidates are strictly confidential.

All candidates remain the property of Heart Recruitment for twelve (12) months from the date of introduction to the Client.

If a candidate is employed by the Client in any position other than the position which was the subject of the placement, or the candidate returns to engage in further employment within 12 months from the date that the previous placement was terminated or otherwise concluded, the Client will be liable to pay Heart Recruitment a fee as per these Terms and Conditions of Business.

Any offer of employment to the candidate during this time by either the Client’s organisation, or any affiliated or related company, including referrals to another employer, is subject to the full fee as per these Terms and Conditions of Business.

Suitability

Whilst every effort is made to ensure the suitability of the candidates introduced to the Client, we recommend that you satisfy yourself as to the candidate’s suitability for your employment.

Our objective is to provide accurate details about candidates based on the information they provide to us. Whilst Heart Recruitment will make every effort to ensure the suitability of the candidates referred, we do not accept liability for any claim for loss, expense, damage or delay arising in connection with the candidate irrespective of how it may be caused.

Heart Recruitment will complete two detailed reference checks for candidates offered a permanent position, unless otherwise agreed with the Client. For contract candidates, one detailed reference check will be conducted, unless otherwise agreed with the Client.

Heart Recruitment does not conduct skills assessments, qualification verifications, medical assessments or criminal background checks. If required, these additional checks must be requested by the Client in writing at the commencement of the recruitment process. A separate quote for these services will be provided.

The final recruitment decision rests with the Client. It is the Client’s responsibility to satisfy themselves that the candidate meets any skill, qualification, background or medical requirements.

Replacement guarantee

Heart Recruitment offers a one-off replacement guarantee of three (3) months from the commencement of the successful candidate’s permanent employment with the Client.

This guarantee does not apply if the candidate’s employment is terminated for reasons of redundancy, restructure or any change in the original job specification provided to Heart Recruitment.

The replacement guarantee can only be used for the same position at the same salary. If there is any alterations to the role (including a higher salary), a full or partial fee will be payable for the subsequent recruitment process.

The following exclusions apply:

There is no replacement guarantee for contract placements.

No replacements will be offered for accounts that are not settled within seven (7) days of the invoice date.

No replacement guarantee will be offered for candidates who were engaged as a contractor prior to the permanent placement.

No replacements will be offered for candidates engaged via an internal Client referral.

While Heart Recruitment will make all reasonable efforts to secure a suitable replacement candidate, if a replacement has not been agreed to within 3 months of the original candidate’s departure, the guarantee is deemed to have been fulfilled and no further candidates will be presented.

Invoicing and payment

The fee structure is based on prompt payment. Payment terms are strictly 7 days from the invoice date.

Heart Recruitment will raise invoices upon the candidate’s confirmation of acceptance of the employment offer.

Candidate availability

Heart Recruitment does not guarantee that a candidate is available to accept any engagement.

Conditions applicable to contract placements

Agreed payment

The Client undertakes to pay the contractor the daily or hourly rate as agreed with Heart Recruitment at the commencement of the recruitment process.

Where the contractor is paid a daily rate, the hours that comprise a standard working day will be discussed and agreed before the contract commences. Reasonable additional hours may be worked as required and agreed with all parties.

Payment to candidate

Unless otherwise agreed, Heart Recruitment does not offer a payroll service. As such, the Client undertakes to pay the candidate directly via either a PAYG employee arrangement or via an invoicing arrangement if the candidate is a sole trader with an ABN.

Workplace responsibility

All contractors provided are the Client’s responsibility from the time they arrive to undertake their duties and throughout their contracted employment with you. The Client will be responsible at all times for all acts, errors or omissions on the part of every contractor, whether willful, negligent or otherwise.

Neither Heart Recruitment, nor anyone acting on our behalf, is liable for loss, expense or damage caused by any act or omission of the contractor.

The Client undertakes to provide a workplace induction, suitable workplace health and safety guidance, appropriate workplace supervision and will comply with all statutes, bylaws and legal requirements affecting the contractor.

Any workplace health and safety systems or obligations impacting direct employees of the Client must also be extended to Heart Recruitment contractors.

When engaging a Heart Recruitment contractor, the Client will indemnify Heart Recruitment against any costs, claims and liabilities incurred by us, arising from the placement, or any penalties incurred as a result of the Client’s negligence or statutory breech.

The Client must notify Heart Recruitment of any changes to the workplace or tasks to be performed by the contractor as soon as reasonably practicable.

Other general conditions

Unless otherwise stated, all costs quoted are exclusive of GST.

If more than one candidate is appointed from a shortlist, a fee will be payable for each separate candidate engaged.

As a client of Heart Recruitment, you agree not to approach companies or individuals directly to seek information about candidates introduced by us, through the referencing process or otherwise, without the express permission of Heart Recruitment or the candidate.

Any amendment or variation to these terms and conditions is not effective unless it is in writing.