Contract Care Recruitment PTY LTD ABN: 81 659 589 723 Email: info@contractcare.com.au www.contractcare.com.au Terms and Conditions of Business – Permanent Recruitment These Terms and Conditions of Business are between Contract Care Recruitment Pty Ltd (“ Contract Care ” or “the Company”) and the Client. These Terms of Business apply to the hire of labour by the Client from the Company and govern the Client’s relationship with Contract Care Permanent Recruitment Services Details and nature of assignment 1. C ONTRACT CARE will provide assistant in sourcing and introducing suitable candidates to the Client based on their specific requirements. 2. If the Client orders assistan ce on recruitment for a particular task or service from CONTRACT CARE , they are understood to have accepted these Terms and Conditions of Business . This includes when written confirmation is absent 3. The client will provide to CONTRACT CARE all necessary information about the placement to ensure CONTRACT CARE can find a suitable candidate 4. C ONTRACT C ARE will provi de candidates that suits the clients notified requirements CON TRACT CARE will ensure they make substantial effort in trying to find a match. The cli ent will ensure all information is correct and true 5. CONTRACT CARE will not be liable to the Client for any loss or dama ge because of in correct information and the Client acknowledges that it is responsib le for undertaking their ow n inves tigation to verify any information is correct. 6. When the client instr ucts CONTRACT CARE to hea dhunt a Candidate on a Clients behalf the Client shall indemnify CONTRACT CARE against all loss, or expense incurred by CONTRACT CARE as a result of claims made in connection with such instruction. 7. C ONTRACT CARE giv es no warranty or representation that any Candidate is or will be willing / or available to acc ept or commence any placement. 8. CONTRACT CARE will not be liable for any losses, liabilities costs and expenses incurred by the client arising from Candidat es acts or omissions, including their acts and omissions in performing their employment with the Client. 9. The client acknowledges that the final decision to employ or engage a candidate rests with it. Fees 10. The fees payable by the Client for a Placement are calculated as a percentage of the gross Candidates Salary Package a s per the table below: Salary Pa ckage % Fe e Rate $0 - $74, 999 1 5 % $75,000 - $110,000 18% $11 0,001 + 2 0% 11. For fix ed term placements, the fee ’ s payable shall be based on the equivalent annual full time Salary Package as per cla use 10. Retained Search es 12. Where the client req ues ts a retained search assignment, a fee is payable by the client and will be invoices in three stages. 33% on CONTRACT CARE RECRUITMENTS agreement to under take the assi gnment. 33% when the shortlist is presents to client or after the passing of thir ty days which ever is the sooner, and the balance is paid upon the commencement of the candidate ’ s employment 13. If the client withdraws the placement b efore the candidate commences or cancels the assisngment, all three stages of the fee detailed in clause 12 are payable immediately. Pay ment T erms 14. The client will be invoiced up on the Candidates first date of empl oyment 15. The client will pay all invoices within 14 days of the date of invoice. 16. Additional Costs will only be incurred with the client’s approva l and charged at rates agree d 17. After 7 days of invoice date the client is deemed to have accepted the invoice as no dispute has been raised. Overdue invoices are subject to a dail y rate of 2.5% per annum above the base rate of Commonwealth Bank of Australia. 18. A dis pute will not affect payment of non - disputed fees on the same invoice, or delay the payment of any other invoices due by the client, and the client shall have no right of set of f. 19. All fee s are quote d GST exclusive . GST shall be charged on fee s at the preva iling rate 20. All costs incurred by CONTRACT CARE in recovering overdue amounts wil l be payable by the client. Fixed Term Extensions 21. For Fixed Term Placements if the original fixed term is e xtended a further fee will be payable in accordance to clause 10 or if the candidates accepts permanent employment with the client, a fu rther full fee will be payable in accordance to clause 10. 22. In each case the client will be ob lige d to notify CONTRACT CARE immediately. Introductions 23. The Client needs to inform CONTRACT CARE and shall pay the fee that would have been due for a placement where : a) A lthough no placement occurs initially , an introduced candidate is employed or engaged by the client within 12 calend ar months of the initial introduction. b) An offer of employment is made by the client and accepted by the candidate bu (through no fault of the candidate) no employ ment or engagement resu lts or c) Irrespective of whether or not a placement result ed from the introduction of a candidate b y CONTRACT CARE to the client. The candidate is int roduced by the client to a third party wit hin 12 calender months of the date of initial introduction. 24. T he client must notify CONTRACT CARE immediately if a c andidate accepts employment with the client or a third part y to whom the client has referred the candidate, includ ing the state date of the e mployment and full details of the salary package agree d. Replacement Guarantee 25. No rebate of fee s shall be made. If t he engagement of a c andidate is terminated within a period of 8 weeks (including the candidates period of contractual notice) from the start of the placement, CONTRACT CARE will seek a replace candidate on the condition that: a) T he candidate leaves of t heir own volit ion, and not due to any redundancy measures, change in job description, or change in work conditions. b) CONTRACT CARE invoice has been settled in accordance to this agreement c) The client has complied with its obligations to the candidate under the relevant law s. d) The requ est to replace is given exclusively to CONTRACT CARE e) The nature of the replacement role is identi cal (including job title and location) to the initial replacement f) CONTRACT CARE are notified in writing within 7 days that the candidate is no longer in employment. 26. CONTRACT CARE offers its replacement guarantee for the original placement only, and not for the replacement candidates. The g uarantee does not apply to candidates initially placed on a fi xed term contra ct. 27. The replacement guarantee is valid for a three month period after the placement has been terminated Confidentiality 28. The partie s will hold information o f the other, which can reasonably be desc ribed as confidential or is notified by the othe r part y such as (including this agreement and details of any candidates), in confidence and will not disclose such information without consent of the other party unless required by law, or it has been made available to the public , other than through a breach of this clause. G eneral 29. Neither party shall be liable to the other under or in connection to this agreement for any indirect or consequential loss, loss of profits, or loss of revenue. Nothing in this agreement limits any rights or warranty imposed by statute or regulation to the extend that cannot lawfully be limited , or limits either parties liability f or its fraud ( inclu ding fraudulent misrepresentation ) 30. If the client within a 12 - month period hire s a staff member of CONTRACT CARE, a f ee of 30 % of their last sa lary will be payable by the client. 31. If a clause is held by a court due to unenfor ceable or illegal, that part will be severed from all other t erms with out effecting the validity or enforceability of the rest of the agreement 32. If any part y is prevented in performance of this agreement by circumstances which are beyond their control , acti ng reasonably , then that part y will not be hel d responsible or liable for what would otherwise have been a breach of its obligations under this agreement. 33. The agreement will be governed by the laws of the State and Territ ory in which the business is performed. 34. No waiver or amendment to this agreement will be effect ive unless confirmed in writing by a director of CONTRACT CARE or the other party A greement I certify that I am authorised to accept these terms on behalf of the Client named below and I agree to the terms and conditions contained in the CONTRACT CARE Pty Ltd Terms and Conditions of Business for the Supply of Services Agreement. Company Name: Company Representative: Position: Signature: Date: