DAVIS RECRUITMENT PTY LTD
TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
Davis Recruitment is a personnel agency, which supplies personnel to Clients to perform services as requested by the Client. Davis Recruitment can provide its Clients with candidates for permanent employment and temporary assignments.
1. Application and Acceptance
a. This document sets out the terms and conditions on which we offer to supply our recruitment services to you.
b. You agree that our Terms of Business govern the relationship between Davis Recruitment and you when you initially engage our services and remain in for all future engagements of our recruitment services.
You may accept our offer to supply recruitment services to you by:
a. signing and returning these Terms of Business or confirming acceptance by email;
b. accepting details of Candidates or viewing Candidates;
c. requesting a Candidate be submitted for consideration for a position; or
d. by engaging a Candidate introduced by us.
2. Provision of Permanent or Temporary Employees
2.1 Provision of Employees
Davis Recruitment can provide Permanent or Temporary Employees as required by the Client in accordance with these Terms of Business and the job specifications provided by the Client.
2.2 Permanent Employees
Once a Permanent Employee is placed as an employee with a Client, the Client is the Candidate’s employer and has sole responsibility for the employee. Davis Recruitment has no liability or obligations in respect of the employee, including, without limitation, in respect of the termination of the employee for any reason by the Client.
2.3 Temporary Employees
Davis Recruitment shall use its best endeavours to ensure each Temporary Employee is qualified to provide the required personnel services and will supply staff as soon as is reasonably practical after receiving a Placement Request Form.
2.3.2 Obligations in relation to Temporary Employees
a. Temporary Employees are employed by Davis Recruitment and once supplied will perform services under your direction, control and supervision.
b. The Client has responsibility for ensuring that all its obligations under applicable occupational health and safety laws are satisfied in relation to Temporary Employees including that you provide a suitable and safe workplace.
c. Davis Recruitment has the following obligations in relation to Temporary Employees:
payment of remuneration;
deduction of all appropriate taxation required by the Australian Taxation Office;
workers’ compensation insurance as required by law;
professional indemnity insurance;
superannuation guarantee charge payments; and
2.3.3 Minimum booking
Our Temporary Employees are available for bookings of 4 or more consecutive hours. If the Temporary Employee is engaged for less than 4 hours, a minimum billing of 4 hours applies.
2.3.4 Dissatisfaction with Temporary
a. If the Client is dissatisfied with a Temporary Employee, the Client may immediately terminate the particular contract by giving written or verbal notice to Davis Recruitment.
b. If, during the period a Temporary Employee is supplied to the Client and within six (6) months after the completion of the Temporary Employee’s service to the Client, the Client, any related body corporate, or any other person or body to whom the Client has introduced the Temporary Employee, employs or engages the Temporary Employee or makes an offer of a temporary assignment or permanent employment to the Temporary Employee which the Temporary Employee accepts, the Client is responsible to pay Davis Recruitment the relevant fee as set out in the Fee Structure that would have been applicable to that permanent employment or temporary engagement.
c. The fees payable under this clause are due and payable within seven (7) days of the commencement of the employment or engagement.
3. Fees & Expenses
3.1 Permanent Employees
a. The Client agrees to pay Davis Recruitment the applicable fee set out in the Fee Structure when a Permanent Employee is placed with the Client.
b. Invoices are rendered as soon as an offer has been made and accepted by the successful Candidate and are strictly payable within fourteen (14) days of the invoice date.
c. If our invoice remains unpaid by the due date for payment, interest may be charged on the unpaid amount at a rate o 10% per annum calculated daily and compounded monthly.
3.2 Temporary Employees
3.2.1 The Client is to pay the applicable Temporary Employee fee to Davis Recruitment according to the number of hours worked by the Temporary Employee for the Client.
3.2.2 Invoices are produced weekly based on the actual hours worked by the Temporary Employee as evidenced by an authorised timesheet. These hours exclude meal breaks.
3.2.3 Temporary Employees are paid weekly and as such invoices are strictly payable within seven (7) days of the invoice date.
3.2.4 The Client is liable to pay for agreed recoverable expenses (such as travel and accommodation), which will be shown separately on the invoice and billed to the Client by Davis Recruitment at cost.
3.3 Payment for Work Performed
3.3.1 The Client is liable to pay for all work performed by Davis Recruitment as part of an Assignment up to such time as the Client may terminate the Assignment.
3.3.2 If the Client materially changes the specification for a particular Assignment such that Davis Recruitment is required to perform further or different work outside the original scope of work required to complete the Assignment, the Client is liable to pay for all work performed by Davis Recruitment both before and after the change of specification.
3.4 Client Introductions of Candidate
3.4.1 If the Client, or the Client’s officers, employees, agents or contractors, communicates details about a Candidate or introduces a Candidate to a third party and the communication of details or introduction results in the permanent employment or temporary engagement of the Candidate, the Client is liable to pay Davis Recruitment the appropriate placement fee in accordance with the Fee Structure.
3.4.2 If a Candidate introduces another candidate to the Client and that introduction results in permanent employment or temporary engagement, the Client is liable to pay Davis Recruitment the appropriate placement fee in accordance with the Fee Structure.
3.5 Fee Variation for Statutory Charges
Davis Recruitment retains the right to vary the fees in the Fee Structure for Temporary Employee to include any statutory charges, levies and taxes or other payments Davis Recruitment is lawfully required to make or for which Davis Recruitment may be liable in respect of providing a Temporary Employee under these Terms of Business.
3.6.1 Display advertising costs will be discussed and agreed with the Client in advance and billed at the applicable casual rate.
3.6.2 Out of pocket expenses, which may be included, such as accommodation, meals and travel, will be agreed with the Client in advance and billed at cost.
3.6.3 Couriers, interstate or overseas phone calls will also be billed to the Client at a fixed rate.
3.6.4 All advertising expenses (if applicable) will be separately invoiced and such invoicing will take place immediately after those expenses are incurred. Advertising expenses will not be applied without prior consultation with the Client.
3.6.5 The Client is liable to pay for agreed recoverable expenses (such as travel and accommodation) that will be shown separately on the invoice and billed to the Client by Davis Recruitment at cost.
3.6.6 Davis Recruitment reserves the right to charge for out of pocket expenses in the event the position is cancelled or withdrawn.
4.1 Exclusive of GST
The fees are GST exclusive. If GST payable on the supply of any services to the Client, the Client must pay to Davis Recruitment an amount equivalent to the GST liability of Davis Recruitment at the same time payment is made for the services.
4.2 Tax Invoice
The right of either party to payment under this clause is subject to a valid tax invoice within the meaning of the GST Act being issued and delivered to the party liable to pay for the taxable supply.
5. Replacement Guarantee
5.1 Permanent Employees
5.1.1 Subject to clause 5.1.2, Davis Recruitment guarantees Candidates recruited and placed as Permanent Employees for three (3) months from the date the Candidate commenced with the Client. This guarantee means that if the Client is not satisfied with the placement and we are notified within the aforementioned 3-month period, we will endeavour to find a replacement Candidate for that position without charging any additional fees.
5.1.2 The replacement guarantee only applies if:
a. the Client has selected the fee option that includes the replacement guarantee;
b. the account in respect of the Candidate has settled in full in accordance with these Terms of Business and no other sums are outstanding from the Client to Davis Recruitment. Accounts not so settled are payable in full irrespective of the duration of the stay of the Candidate;
b. For bookings of less than 7 hours, notice must be received within 2 hours of the temporary commencing to validate this replacement guarantee.
6.1 Limitation of Liability
6.1.1 Davis Recruitment makes every effort to maintain a high standard of Candidates however:
a. no representation or guarantee is made that a Candidate will achieve a certain level of performance of a certain outcome, solve a particular problem or attain a specific goal. Ultimately it is the Client’s decision to employ or engage a Candidate.
b. Davis Recruitment is not liable for any loss, damage, cost or compensation (whether direct or Consequential Loss) which may be suffered by the Client or for which the Client may become liable, arising out of or in connection with the introduction or placement by Davis Recruitment of Candidates.
c. Davis Recruitment is not responsible for errors, omissions or incorrect conclusions in the details provided concerning Candidates. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate for the position or Assignment.
6.1.2 To the maximum extent permitted by law, all terms, conditions or warranties that would be implied into this agreement or in connection with the supply of any services by Davis Recruitment to the Client under law or statute or custom are excluded.
6.1.3 To the maximum extent permitted by law, Davis Recruitment’s liability for failure to comply with a consumer guarantee that the Client may have the benefit of under the Australian Consumer Law is limited to, at the option of the Client:
a. the supply of the services again; or
b.the payment of the cost of having the services supplied again.
6.1.4 The limitations of liability contained in this clause 6 apply both during and after the period of a Candidate’s placement with a Client.
The Client indemnifies Davis Recruitment in respect of any claim arising from or related to:
a. any failure or alleged failure of a Candidate or Temporary to duly perform his/her obligations;
b. personal injury or death of a Candidate or Temporary or any other person howsoever arising from, or related to the performance by a Candidate or Temporary of his/her obligations; and
c. damage to any property arising from, or related to the performance by a Candidate or Temporary of his/her obligations.
7. Privacy & Confidentiality
7.1 Introductions are Confidential
a. Introductions are strictly confidential and the Client agrees to keep Candidate information confidential and to preserve the privacy of personal information concerning any Candidate whose personal information has been provided to you.
b. The responsibility for the protection of the Client’s confidential information and intellectual property lies solely with the Client. Davis Recruitment is not liable for any claim arising from the Client’s confidential information and intellectual property.
7.2 Privacy Obligations
Davis Recruitment agrees to comply with the Privacy Act 1988 (Cth) should it be required to obtain or use any personal information, as that term is defined in the Privacy Act, of the Client. The Client accepts it also has obligations of Client to protect the privacy of Candidates.
8.1 The laws of Queensland govern the provision of the services and each party submits to the jurisdiction of the courts of Queensland.
8.2 The failure by Davis Recruitment to enforce these Terms of Business shall in no way be interpreted as a waiver of its respective rights under these Terms of Business.
8.3 Any variation of these Terms of Business is not effective unless agreed to in writing by the parties.
8.4 The relationship between the parties is that of principal and independent contractor.
8.5 These Terms of Business constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings relating to its subject matter, whether verbal or in writing.
8.6 If any part of these Terms of Business becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
9.1 The Client warrants that it has the power to accept and be bound by these Terms of Business and has obtained all necessary authorisations to allow it to do so, and that it is not insolvent.
Schedule 1 – Definitions
These meanings apply in this document unless the contrary intention appears:
Assignment means the scope of services the Client requests of Davis Recruitment on each occasion Davis Recruitment are engaged to provide services to the Client.
Candidate means any person who has sought or obtained placement by Davis Recruitment in permanent employment or by way of temporary assignment with a Client of Davis Recruitment.
Client means any person or entity to which Davis Recruitment provides services and any related body corporate as defined by the Corporations Law also referred to as ‘you’ or your’ throughout this document.
Consequential Loss includes loss of profits, loss from business interruption, loss of business opportunity, costs incurred in connection with recruiting additional or replacement staff and expenses incurred through breach.
Corporations Law means the Corporations Act 2001 (Cth).
Davis Recruitment means Davis Recruitment Pty Ltd ACN 114 156 151 also referred to as ‘we’, ‘our’ or ‘us’ throughout this document.
Fee Structure means Davis Recruitment’s fee structure attached at Schedule 2 of this document.
GST has the same meaning as in the GST Act.
GST Act means A New Tax System (Goods and Services Tax) Act 1999.
Permanent Employee means any person who has sought or obtained placement by Davis Recruitment on a permanent basis with a Client.
Placement Request Form means the placement request form that accompanies these Terms of Business.
Temporary Employee means any person who has sought or obtained placement by Davis Recruitment on a temporary assignment basis with a Client.
Terms of Business means these terms and conditions for the provision of services by Davis Recruitment to the Client, any annexures to these terms of business including the Fee Structure and Placement Request Form.
Schedule 2 – Fee Structure
$4,000.00 plus GST (includes replacement guarantee, see clause 5)
|Position||Fee (see note 1 below)
This fee includes the payment of wages, superannuation, WorkCover and payroll processing.
|Medical Temporary Staff||Fees commence at $32.00 per hour plus GST dependant on skills and Award classifications. Fixed fee available on request.|
|Practice Manager||$42.00 – $55.00 per hour plus GST|
Note 1: Temporary Employee Fee to be negotiated with Client
The fee for Temporary Employees will be negotiated prior to the commencement of each individual Temporary placement or specific project, based on the standard hourly rate, overtime rates, shift penalties and allowances that would be paid to persons who are or could be the Client’s temporary employees performing the same work as the Temporary(s).
Note 2: Permanent Recruitment of Temporary Employee
- If the following applies:
a. the Client has engaged a Temporary Employee and paid the Temporary Employee fee for 12 weeks or more; and
b. at the end of the 12 week period the Client offers and the Candidate accepts a permanent position with the Client, Davis Recruitment will accept and the Client agrees to pay a discounted Permanent Employee Fee of $1,000.00 plus GST.
- In the event the above applies, no replacement guarantee period will be provided.
Note 3: Other Services
Fees for other services provided by Davis Recruitment are dependent on the scope of the individual project.
© 2022 Davis Recruitment
ABN: 69 114 156 151
Licence No.: LHL-00306-J4F2W