timesheets

TERMS & CONDITIONS

RECRUITMENT TERMS & CONDITIONS

Socially Responsible Digital and Technology Sourcing

These Terms and Conditions are between Natural Selection Group Pty Ltd [here after referred to as the Company] and the Client engaging the Company [hereafter referred to as the Client] and specify the terms upon which the Company will provide services to the Client until such time as new Terms and Conditions are notified to the Client in writing.

The Company will use its best endeavours to find Candidates suitable to fill permanent and contract vacancies as notified by the Client, such an appointment is at the Client’s own risk and the Company shall not be responsible in tort or contract otherwise for the conduct of the Candidate upon appointment.

1. When do these terms and conditions apply?

1.1. These Terms and Conditions apply in relation to the provision of;

a) permanent employees; and

b) temporary employees and contractors; by Natural Selection Group Pty Ltd.

1.2. The Client will be regarded as having agreed to all of these terms and conditions if the Client:

a) interviews a person for employment who the Company introduces to the Client; or

b) employs or engages a person the Company introduces to the Client; or

c) refers a person the Company introduces to the Client to a third party who then employs or engages that person; or

d) employs or engages a person already working for the Client under these Terms and Conditions on a new assignment.

1.3. This applies in relation to any person the Company introduces to the Client within 12 months prior the date of the interview, employment or reference.

1.4 A personal or verbal introduction of a Candidate or acceptance of a Candidate’s resume from the Company constitutes an introduction by the Company of a Candidate to the Client.

2. Permanent Recruitment

2.1. When an offer of appointment is made, the Client shall notify the Company of such an offer within 24 hours of it being made. Within 24 hours of the acceptance of an offer of an appointment by the Candidate, the Client shall notify the Company of such acceptance and of the details of the annualised remuneration package to be paid to the Candidate. The annualised remuneration package must include the salary and superannuation, at the time of the appointment.

2.2 The Company treats the introduction of Candidates and their details as strictly confidential and therefore expects the Client to do the same. However, in the event that the Client refers a Candidate to another potential employer who subsequently employs or temporarily engages the Candidate, the Client shall pay the Company the appropriate fee calculated in accordance with the scale as detailed in clause 3.3a.

2.3 If following an introduction, the Candidate is appointed within the 12 months of the introduction, the appropriate fee in accordance with the rate specified in 3.3 at the date of such an appointment will be payable by the Client to the Company. The fee is payable whether or not the appointment is for the position for which the person was originally introduced.

2.4 The Client is fully responsible for the selection of the Candidate to take up permanent employment with the Client. The Company’s services are restricted to introducing a Candidate to the Client. The Company makes no warranty as to the qualifications, capability, integrity and suitability of the Candidate. The Company, its servants or agents shall not be liable for any damage, loss, expense or delay (howsoever caused) sustained by the Client.

3. Permanent Recruitment Fees

Recruitment Fees are payable by the Client to the Company when the Client:

a) employs or engages a person the Company introduces to the Client, or

b) refers a person the Company introduces to the Client to a third party who then employs or engages that person;

3.1. Recruitment Fees apply in relation to any person the Company introduces to the Client within 12 months prior the date of the employment or engagement.

3.2 the Client agrees to notify Natural Selection Group and provide us with agreed remuneration details as soon as possible when any person we introduce to the client is employed or engaged by the client or a third party.

3.3 a The fee payable to the Company will be calculated as a percentage of the Candidate’s annualised remuneration package.

The fee will be calculated as follows:

Salary package (base+ super)	Contingent Fee	Exclusive fee
less than $100K	18%	16%
$100K to $149,999	20%	18%
$150K to $249,999	22%	20%
$250K and above	N/A	25%

3.3 b Temporary to permanent conversion fees payable to the Company will be calculated using the exclusive fee scale in Item 3.3a.

3.4 To align with the Company’s socially responsible sourcing, 5% of the Company’s recruitment fee will be donated to a charity of the Client’s choice.

3.5 Where a placement is part-time, the salary will be equated to the full-time equivalent and the fee shall be charged on that salary.

3.6 The Company will invoice the Client when the Candidate commences with the Client. All invoices are payable within 14 days of the date of the invoice unless otherwise agreed in writing.

3.7 Advertising costs and travel related expenses are to be paid by the Client in the event that such costs and expenses were incurred with the Client’s written authority.

3.8 All fees defined under these terms of business are exclusive of GST. GST will be added to the fee at the prevailing rate unless it is assessed by the Company to be GST exempt.

4. Replacement guarantee for permanent employees

4.1 If a Candidate introduced by the Company discontinues their employment with the Client within 3 months of the date of commencement, the Company will seek to find a replacement Candidate free of charge.

This will only apply where

a) the invoice has been paid within payment terms

b) when the Company has been notified in writing within 7 days of termination

c) the request to replace the Candidate is given exclusively to the Company and

d) the original job description and assignment specification does not alter

4.2 The replacement guarantee will not be applicable if

a) the Candidate has been unlawfully terminated

b) the working conditions have changed

c) in the event of a death or permanent incapacitation

d) the Candidate’s employment ceases for reasons beyond the control of the Company such as redundancy, restructuring, economic circumstances, company closure or change in management.

4.3 If a Candidate employed through the Company on a contract basis, and is subsequently employed on a permanent basis, the contract period will be deemed to be the guarantee period and any replacement clause is void.

4.4 This replacement guarantee is valid for a period of up to 3 months from termination date and only applies to the original job description. Should the Candidate be re-engaged within a 12 month period after the termination, the full fee as specified in clause 3.3a will be payable.

4.5 Where a replacement is recruited, there will be no guarantee period applicable for such a placement.

4.6 The replacement guarantee is not transferrable to other placements or recruitment services, and the Client is not entitled to any credit or refund for replacement guarantees that the Client does not wish to pursue. If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted accordingly.

5. Privacy

The Client agrees to comply with the terms of the Privacy Laws regarding personal information and not to use this information except for the purposes of engaging or considering a Candidate. The Client must ensure that before disclosing any personal information to the Company that they are entitled to do so and without taking any further steps as required by the Privacy Laws. If the Client becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by the Company to the Client or by the Client to the Company, then the Client must notify the Company immediately and comply with any reasonable directions of the Company with respect to such a breach.

6. Definitions in this agreement

“Candidate” includes any person introduced by the Company to the Client. This includes any person that has been put forward for an interview or an appointment with the Client. It also includes any person whose resume or details have been put forward to the Client.

“Appointment” means temporary or permanent employment with the Client, such appointment being made either directly with the Candidate or indirectly through a third party.

“Associated Company” means any Company which has a connection with the Client by reason of either of the following; common directors, common shareholders, regular communication or simply communication whereby the Client refers the Candidate to a Company or entity in relation to employment.

“Remuneration Package” means the annualised total remuneration. Salary and superannuation at the time of appointment.