Terms of Business for the Introduction of Permanent Staff
1. Parties: These terms and conditions are between Agile People (we/us/our), and the client employer (you/your) and specify the terms upon which we will provide services to you until new terms and conditions are notified in writing.
2. Acceptance Of Terms and Conditions: The interviewing or engagement of a candidate, or the passing to any other person or organization of personal information pertaining to a candidate introduced to you by us, will be taken as your acceptance of the terms and conditions. No variation can be made to these terms without written consent of a director or senior manager of Agile People.
3. Engagements Of Candidates: You must notify us immediately an engagement with you is accepted by a candidate who we have introduced to your organization. Once you agree to engage a candidate introduced by us for any position within your organization, even if the introduction is made indirectly, whether as an employee or in any other capacity, within 12 twelve months of the initial introduction, you agree to pay us the amount calculated in accordance with the fee schedule below.
4. Onward Referral: Introductions are confidential. Should an introduction result in an engagement of a candidate to any division or any related or associated company or firm, or any other employer, you will be liable to pay us a fee calculated in accordance with the fee schedule below, as if the candidate had been engaged by you.
5. Suitability Of Candidates: Whilst we will make every reasonable effort to ensure the suitability of the candidates, we do not accept any liability for any loss, expense, damage or delay arising in connection with the candidate irrespective of how they are caused. You will need to satisfy yourself that any medical or other qualification has been met by the candidate. The final recruitment decision rests with you.
6. Fee for Service: The fee payable to us will be calculated as a percentage of the candidate's gross equivalent annualised remuneration package which will be taken to include base salary and all other benefits or allowances which represent remuneration in other forms, such as superannuation, subsidised housing loans, bonuses, commissions, etc. Motor vehicles provided to staff will be valued at a minimum of $12000 per annum or as agreed in the package. The fee will be calculated as follows:
Total compensation $0-$149,999 20% $150,000+ 25% 6.1 These fees are to be paid fourteen (14) days from the commencement date of the candidate.
We reserve the right to charge a fee if work is undertaken by us on an assignment that is subsequently withdrawn or cancelled after a shortlist of candidates has been presented to you. All fees quoted are exclusive of GST.
7. Replacement Guarantee: Should the relevant employment terminate before the expiry of 8 weeks, a credit note, which is valid for 12 months against subsequent permanent placements of 12.5% will be allowed against the fee (save where as a result of the applicant being made redundant by the Client), for each complete week not actually worked provided that the Client notifies the Company in writing with 7 days of termination of employment and has paid the Company's fee within 14 days of the date of invoice. If, after the offer of engagement has been accepted by the applicant, the Client decides for any reason not to proceed with the appointment, it shall be liable to pay the Company the minimum fee indicated on the Scale of Rebate. Should the Client or any subsidiary or associated company of the Client subsequently re-engage the applicant within the period of 12 calendar months from the date of termination, or withdrawal of the offer, a full fee in accordance with Paragraph 3 becomes payable, (with no entitlement to a refund).