Terms of business

Sourcing / talent mapping service

GENERAL

  1. 1
    The Terms of Business of 11 Recruitment Pty Ltd (hereinafter referred to as 11) are deemed to be the basis of the agreement to supply candidates to you (hereinafter referred to as the client) and will become effective upon engagement of 11’s services. They are deemed to be “Commercial in Confidence”.
  2. 2
    A representative of the client who engages the services of 11 will be deemed to be authorised to enter into this agreement on behalf of the client.
  3. 3
    11's fee(s) is (are) for sourcing potentially suitable candidates. The client is responsible for making the final selection of candidate(s) and for ensuring that the candidate(s) is (are) suitable for the position. This includes, but is not limited to, that the client needs to satisfy themselves that any medical requirements, experience, qualifications, compelling personality traits, work values, commitment, and integrity have been met by the candidate(s).
  4. 4
    Whilst care is taken to verify information obtained during the recruitment process, 11 cannot accept responsibility for the accuracy of information provided in the resume, or any other documentation relating to the candidate.
  5. 5
    The client acknowledges and accepts its and 11’s obligations under the Fair Work Act concerning, among other things, discrimination legislation.
  6. 6
    Any information including feedback that 11 provides to candidates on behalf of the client is provided as coming from the client.
  7. 7
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.

PAYMENT & INVOICING

  1. 8
    Client paid advertising will be submitted for client authorisation prior to posting. 11 will invoice for the authorised advertising (cost plus 10% administration fee) immediately following its insertion in the approved publication(s) regardless of the stage of the recruitment assignment.
  2. 9
    GST will be added to all Australian invoices.
  3. 10
    Invoices are non-refundable. A candidate “fall off” does not negate the client’s obligation to pay 11’s fee in full.
  4. 11
    Invoices remain payable even if the candidate presented by 11 is known to the client. The only exception is when the candidate has applied to the client for a specific, current vacancy and the client and the candidate are engaged in conversations regarding this vacancy before 11’s introduction shortlisting and the client informs 11 within 24 hours of 11’s presentation of the candidate in writing that this candidate is covered by this exception.
  5. 12
    Payment of fees must be made in full within seven (7) days of the date of invoice.
  6. 13
    A weekly surcharge of 0.25% plus an account-keeping fee of $25 per week will be levied on all overdue amounts.

DISCLOSURE OF INFORMATION

  1. 14
    Upon choosing a successful candidate, the client agrees to provide 11 with all details of the offer of employment in writing, including but not limited to a copy of the contract document, salary package offered, and bonus structure, upon request.
  2. 15
    All information supplied by 11 whether written or verbal is confidential and should not be disclosed to any other party without the express written consent of 11. All candidate information (except for the successful candidate) provided to the client as a shortlist is confidential as per the Australian Privacy Act of 1988. Information that is not publicly available must be disposed of once the client has chosen the successful candidate.

      SOLICITATION OF 11 RECRUITMENT STAFF

      1. 16
        The client shall not solicit employees of 11. The client is not permitted to approach any employee of 11, directly or indirectly, regarding employment opportunities or to trade with past 11 employees for 12 months from the termination of the employee’s employment with 11. If a client employs an employee of 11, 11 has the right to charge a full placement fee of 30% of the employee's total remuneration package.
      2. 17
        If the client, or a customer of the client, employs an 11 employee as their staff or at any subsidiary, parent company, affiliated or related entity as defined by Section 9 of the Corporations Act 2001. The client must advise 11 that the candidate has commenced employment within seven (7) days of the date of commencement to ensure that the replacement guarantee applies. 

      CANCELLATION OF SEARCHES OR ROLES

      1. 39
        If the client withdraws a request for service no refunds will be made, and all applicable fees up until this point will be due and payable regardless of whether an invoice has yet been raised.
      2. 40
        11 will consider an assignment to have been terminated by the client should the client be unresponsive. The client is deemed unresponsive when they:
      • Do not respond to 11’s correspondence (emails or phone calls) for five (5) consecutive business days;
      1. 11
        All outstanding invoices are still payable after termination. Should the client wish to resume the recruitment drive at a later stage it will be considered as the commencement of a new assignment and a new 1st retainer invoice will be issued.

      INDEMNITY AND SEVERANCE

      1. 40
        The client grants full indemnity to 11 for all debt collection costs (including but not limited to legal fees and court fees) incurred by 11 in recovering monies owed. 
      2. 41
        The client undertakes to indemnify, hold harmless, and defend 11, its employees or agents from and against any loss including legal costs and expenses or liability incurred by 11, its employees or agents arising from any claim, suit, demand, action, or proceeding by any person against 11, its employees or agents where such loss or liability was caused by the willful, negligent, or unlawful act or omission of the client, its employees, agents, shortlisted and employed candidates or subcontractors arising out of or in connection with the services provided by 11.
      3. 42
        If any of these terms are held by a court to be unenforceable or illegal that term will be severed from all other terms without affecting the validity or enforceability of all other terms.
      4. 43
        These Terms of Business are governed by and construed under the law in the State of Western Australia. Any legal action concerning this document may be brought in any court of competent jurisdiction in the State of Western Australia.
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