Terms of Business – The360TalentCo The terms are defined:
- “Client” means the person, firm, company, authority or organisation to whom a candidate is introduced.
- “Candidate” means a person who is available for engagement for work. “Introduced” means notifying the client that the candidate is available for engagement.
- “Permanent Placement” means the client will incur fees upon the candidate’s successful placement.
- “Fixed Term” means the successful candidate is engaged as a Permanent employee with an end date.
- “Temporary Placement” means a candidate who performs contracting services for The360Talent.Co
All business undertaken for the Client on behalf of The360Talent.Co is subject to the terms and conditions of business hereinafter set out and shall be incorporated or implied in any agreement between The 360Talent.Co and the Client.
The Client’s written and/or verbal agreement to proceed with a placement constitutes acceptance of the said terms and conditions. The interviewing or engagement of any candidate in any capacity introduced by The360Talent.Co constitutes acceptance of these terms. Introductions are confidential.
If the introduction results in the engagement of a candidate by a third party, then the client will be liable for payment of the fee as set out in these Terms of Business.
These terms apply to the exclusion of and shall prevail over all and any other terms. No variation shall be made to these terms without the prior written consent of a The360Talent.Co General Manager.
Whilst The360Talent.Co will endeavour to ensure the suitability of any candidate, it is the client’s responsibility to verify the accuracy and authenticity of references and qualifications and work permits, and to satisfy itself as the suitability of any candidate introduced by The360Talent.Co .
To the extent permitted by law The360Talent.Co will not be liable for any damage to property, costs, expenses, delay or any other direct or indirect loss at any time, or the negligence or misconduct of any candidate introduced by The360Talent.Co
These Terms and Conditions are governed by the laws of the state or territory in which the candidate is engaged.
1. The360Talent.Co standard fees are outlined in Fee Schedule of this document. The fee is calculated on the Total Remuneration Package at commencement and is quoted in Australian Dollars exclusive of GST.
2. Where the total remuneration package includes a substantial commission/bonus/incentive arrangement, our fee will be calculated on an agreed amount outlined in Fee Schedule.
3. The full fee will be invoiced upon successful completion of the assignment. An assignment is deemed completed on candidate commence date.
4. The360Talent.Co provide a replacement guarantee for a permanent candidate who leaves within a period outlined in Fee Schedule.
5. Replacement applies for any reason other than redundancy, restructure or any change in the original job requirement.
6. In addition, the guarantee will only be valid if
i. The Client notifies The360Talent.Co in writing of the termination within 14 days thereof.
ii. The fee has been paid in accordance with our normal trading terms outlined in Fee Schedule.
iii. The360Talent.Co is given the exclusive opportunity to find a replacement within a period of three months.
7. If the replacement candidate does not successfully complete three months’ employment with the client, then another replacement does not apply.
8. If a suitable replacement cannot be found within the designated time frame, a credit will be issued for use on any placement within organisation for a period of 12 months.
Fixed Term Placements
9. The360Talent.Co standard fees are outlined in Fee Schedule of this document.
10. The fee is calculated on the Annual Total Remuneration Package of the employee (not pro rata) and is quoted in Australian Dollars exclusive of GST.
11. The full fee will be invoiced upon successful completion of the assignment. An assignment is deemed completed when on candidate commence date.
12. The Temporary Placement fee, based on a daily or hourly rate, will be negotiated with the client prior to the start of each assignment. The fee includes all statutory charges such as payroll tax, workers’ compensation and superannuation, but is exclusive of GST.
13. Approval of the Temporary Placement’s timesheet on a weekly basis is an acceptance of the Temporary Placement’s work and constitutes authorisation for The360Talent.Co to invoice the client the associated contracting services fee for the time approved.
14. The client accepts responsibility for supervision and directs the contractor’s work during the course of the assignment.
15. The client is responsible for reimbursement of all expenses incurred by the contractor during the assignment.
16. The360Talent.Co may terminate the contract without notice to the client and without incurring any liability to the client in the event of:
i. the client's failure to pay any amounts outstanding to The360Talent.Co on any account, or the client otherwise commits an act of bankruptcy or insolvency or is placed in liquidation, voluntary administration or receivership.
ii. the client does not comply with all statutes, regulations and other legal requirements
iii. the contractor is guilty of serious misconduct.
iv. the contractor does not comply with all statutes, regulations and other legal requirements
Temporary to Permanent Placements
17. The360Talent.Co standard permanent fees outlined in Fee Schedule apply.
18. The Client will be responsible for the agreed fee should they or any related company, person or association engage or hire the contractor, in whatever The 360 Talent.Co
capacity, for a period of 6 months from completion of the assignment.
19. The full fee will be invoiced on date of transition from The360Talent.Co.
Terms of Referral
20. A candidate referred to a client by The360Talent. Co remains a candidate for a period of 6 months from the date of the first introduction.
21. The Client will be responsible for the agreed fee should they or any related company, person or association engage or hire, in whatever capacity, any candidate introduced to them within 6 months of the initial introduction date.
22. Any candidate referred to a client by a placed The360Talent.Co candidate during their first six months of tenure will be subject to a permanent fee as agreed above.
Conditions of Agreement
23. This Agreement will remain valid for 12 months from date of execution unless or until one party seeks to vary one or more terms of the Agreement or the Agreement is terminated in accordance with clauses 24 to 25.
24. This Agreement can be terminated by either party providing one (1) months’ notice of termination to the other.
25. This Agreement can also be terminated without notice by a party if:
i. The other party commits a serious or persistent breach of this Agreement; or
ii. The other party becomes insolvent, or is made bankrupt or has a receiver, liquidator or administrator appointed
26. In the event this Agreement is terminated in accordance with clauses 24 or 25, all assignments automatically terminate with the Agreement and any amounts then due to us under this Agreement become immediately payable