Terms & Conditions of Business for Allura Partners

The Fee is a percentage of the Total Annual Gross Remuneration payable to the successful Candidate.

2.7 In addition to the Fee if you want us to arrange specific advertising, medical checks, police or working with children checks, psychometric testing or other special services of a similar nature, you will pay all costs associated with those services within 14 days of the date we invoice you for these special services whether or not you employ a person introduced by us.

2.8 Advertising accounts are payable within 14 days of the date we, or our appointed advertising agency, invoice you. All related artwork and production costs are payable by you. Cancellations will only be accepted if given in time to claim a full refund from the media or relevant agency.

2.9 All out-of-pocket expenses incurred by persons attending interviews on your behalf, when previously arranged with you, are payable by you within 14 days of the invoice date.

2.10 To the extent permitted by law, no refund of Fees shall be made. However, should the employment of any Candidate we introduce end within a period of 13 weeks from the commencement date of employment (with the notice period included in the 13 weeks), we will endeavour to seek a replacement Candidate at no extra cost to you provided that:

(a) the Candidate leaves of his/her own volition and not due to a genuine redundancy [; and

(b) all invoices rendered by us have been paid in full within 14 days of the invoice date.

We do not guarantee, nor make any representation, that we will be able to find a replacement Candidate.

3. Fees are payable to us

3.1 If between the Relevant Commencement Date and the End Date, you employ a Candidate we have introduced, presented or otherwise provided the details of to you, or you refer any such Candidate to a third party who employs that Candidate, you must pay us the Fee as set out in clause 2.

3.2 If between the Relevant Commencement Date and the End Date a third party to whom you have referred the Candidate, employs or engages that Candidate you must immediately inform us of that fact and provide us in writing full details of the remuneration package agreed to between the Candidate and the third party so far as it is within your knowledge, and in any event you must pay us the Fee.

3.3 Where you make an offer to employ or engage a Candidate introduced or brought to your attention by us and that offer is accepted by the Candidate and you subsequently withdraw the offer through no fault of that Candidate, you must pay the Fee.

3.4 Where we are engaged on a retained search basis and you subsequently terminate that engagement for any reason, the Retainer fee and Short List fee (if applicable), together with any advertising or special services costs incurred by us or otherwise stated in the Proposal, are immediately payable.

3.5 In the event you employ or engage any other Candidate submitted on a Short list presented by us to you on a retained search basis, or otherwise introduced or notified to you by us, you must pay the Fee for that Candidate.

4. Provision of Contractors and Temporary staff (not on a fixed term contract)

4.1 We can provide Contractors (temporary staff) as required by you to provide services in accordance with a Proposal, these Terms of Business and the job description given by you for a particular temporary assignment.

4.2 The Fee for the Contractor will be stated in the Proposal and may be negotiated prior to the commencement of each assignment or specific project. The Fee may be based on a standard hourly or daily rate, and include all allowances and entitlements including overtime rates, shift penalties and allowances that would be paid to a person who is (or could be) your employee and must be paid up to the time the Contractor completes the assignment.

4.3 You must not discuss the Contractor fee, or any change to the Contractor fee, with the Contractor as this fee is strictly confidential between you and us.

4.4 You must pay the Fee to us according to the number of hours or days worked by the contractor. Invoices are produced weekly based on the actual hours or days worked by the Contractor as evidenced by a timesheet authorised by you.

4.5 We are responsible for payment of the following in relation to the Contractor (where applicable):

(a) Remuneration of at least the minimum required by law;

(b) superannuation guarantee charges;

(c) payroll tax;

(d) workers’ compensation;

(e) deduction of all appropriate taxation required by the Australian Taxation Office; and

(f) pay for public holidays which fall on a day during the period in which the Contractor would otherwise provide services to you.

4.6 We may vary the Contractor fee at any time without notice if:

(a) there is a change to any statutory charges, taxes, levies or other payments we are lawfully required to make or for which we become liable in respect of providing a Contractor under these Terms of Business; or

(b) there is a change to any legally required payment including under industrial instrument, award or agreement applicable to the Contractor.

4.7 You are responsible for reimbursement in full of all out-of-pocket expenses incurred by a Contractor in performing an assignment. You are responsible for making all necessary arrangements with the Contractor and for authorising and reimbursing expenses.

4.8 You directly control the working conditions under which the Contractor’s assignment is performed and have direct supervision and management responsibility of the Contractor, and the outcome of their performance. You undertake to provide proper supervision and instruction in a manner consistent with our obligations to them.

4.9 You acknowledge that we are not performing the services required of our Contractor; but we are instead the supplier of Contractors, at your request, to perform work that you have requested. From the time that our Contractor reports to you for their duties they are under your care, control and supervision for the duration of the assignment. In these circumstances, you agree that we will not be liable to you in respect of any damage, loss or injury of any nature or kind, however caused, whether by our negligence or the negligence of one of our workers, their servants or agents or otherwise, which may be suffered or incurred, whether directly or indirectly, in respect of the services provided under these Terms of Business.

4.10 You agree to indemnify us against any claim made against us by others as a result of acts, errors and omissions of the Contractor.

4.11 You are responsible for ensuring the health and safety of the Contractor, and must comply with all obligations under work, health and safety and anti-discrimination legislation. This includes, but is not limited to, the following:

(a) requiring the Contractor to perform only those tasks that the Contractor is skilled and trained to perform;

(b) providing all necessary induction, training and supervision, and ensuring all necessary policies, procedures and directions are provided and read by the Contractor; and

(c) immediately notifying us of any work, health and safety risks, hazards or concerns, or discrimination or harassment issues in connection with the provision of services by the Contractor.

4.12 You agree that we are not liable for any claim arising from misuse of your confidential information and intellectual property by a Contractor. You are responsible for protecting your confidential information and intellectual property.

4.13 You are responsible for ensuring that the Contractor is adequately covered by all relevant insurance policies held by you, and agree to provide us with evidence of this if we request it.

4.14 If you wish to terminate or cancel the assignment prior to the scheduled commencement of the assignment, you must notify us in writing within no less than 7 days so we can notify the Contractor of the cancellation.

4.15 If you wish to terminate a Contractor after they have commenced an assignment you must give us:

(a) 2 weeks notice - if the contract term is less than 12 weeks; or

(b) 4 weeks notice - if the contract term is more than 12 weeks.

4.16 If you or any Related Entity, or third party to whom you have referred the Contractor, makes an offer of employment or engagement of that person (or a Contractor who has performed a contract assignment for you during the previous 12 months) which the Contractor accepts, you must pay us the Placement fee.

4.17 If you (or any Related Entity or third party to whom you have referred a person to) makes an offer of further or different contract assignments (including through a different recruitment or labour hire firm) to a Contractor performing a contract assignment for you (or who has performed a contract assignment for you during the previous 12 months) which the Contractor accepts, you must pay us the Placement fee.

4.18 If you (or any Related Entity or third party to whom you have referred that person to) makes an offer of a fixed term contract to a Contractor, you must pay us the Placement fee.

4.19 You agree not to solicit, approach, entice or attempt to solicit, approach, or entice any of our Contractors or employees for direct employment or engagement with you, but if you do employ or engage one of our Contractors or employees during the term of a retainer or within 12 months of the retainer ending, you must pay us the Placement fee.

5. Candidates

5.1 Whilst we exercise reasonable skill and care in the selection of Candidates, we are not liable for any candidate’s lack of skill, misrepresentation, misconduct, negligence, or dishonesty.

5.2 Except as required under the Australian Consumer Law we make no representations and give no warranties expressly or impliedly as to the suitability of a Candidate for a particular position. The offer of employment to a Candidate, the employment of a Candidate and the consequence thereof, following the introduction of a Candidate, by you, are entirely at your own risk .

5.3 We give no warranty (either expressed or implied) in respect of any Candidate introduced and accept no liability for any failure of a Candidate to perform or to comply with his/her terms of employment or for any expense, delay, loss, or delay howsoever arising from the introduction of the Candidate to you or from their engagement by you.

5.4 Insofar as we or any Candidate or a third party on behalf of a Candidate, provides details of a Candidate’s previous employment, including terms and conditions of employment, names and addresses of previous employers, periods of employment, circumstances in which previous employment terminated, medical history, personal references, state of health, criminal convictions, personal details, ability to work in Australia, visas, work permits, qualifications, education and similar related matters, we will have no responsibility and we will not be liable to you, for ensuring that the details are correct or accurate, and shall have no liability for any loss, damage or cost which may thereby be occasioned.

6. Illegality and Force Majeure

6.1 If any provision or term of these Terms of Business or any part thereof becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, such provisions, terms and parts will be deemed deleted from these Terms of Business provided always that if any such deletion subsequently affect or alters the commercial basis of the Terms of Business, the parties will negotiate in good faith to amend and modify the relevant provisions, terms and parts of these Terms of Business as may be necessary or desirable in the circumstances.

6.2 If we are prevented from or delayed in the performance of these Terms of Business by an Act of God or by or in consequence or war, riot, civil commotion or military or usurped power by any strike, lock-out, pandemic, stoppage, accident, fog, storm, we shall not be liable to you for any breach of any obligation under these Terms of Business and the time for performance of our obligations, shall be extended accordingly.

7. Privacy

7.1 All information in respect of a Candidate or Contractor is personal information in accordance with the Privacy Act 1988 (Cth) and is confidentially provided to you for the sole purpose of enabling you to determine the suitability of a Contractor for an assignment, or of a Candidate for employment or engagement (as applicable). You agree to handle all Candidates’ and Contractors’ personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy. The Allura Partners Privacy Policy forms part of these Terms of Business.

7.2 You agree to access, use and store all such personal information solely and strictly for the purposes of this Agreement.

7.3 You agree to co-operate fully with us in respect of any requests from individuals to access or correct personal information or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 (Cth).

7.4 This clause will survive the termination or expiry of these Terms of Business and you indemnify us against all loss, liability, damage or expense which we suffer or incur due to your breach of this clause.

8. Governing Law

These Terms of Business shall be governed by and constructed in accordance with the Laws of the country, state or territory where the candidate is to be employed.

9. Amendment

These Terms of Business may not be amended, supplemented, replaced or withdrawn except in writing by a Director of Allura Partners Pty Limited.