Terms of business

Shortlisting service (recruitment)

Temporary & contract placements

Payrolling

Advertising only

Outplacement

Training

Shortlisting service (recruitment)

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: 
  • Taking the Client’s vacancy to market with the purpose of sourcing potentially suitable candidates for shortlisting/introductions. Candidates include people sourced by 11, the Client, or by a third-party showing interest in the Client’s job vacancy
  • Organising interviews with the Client to assess suitability
  • Assisting in filling the vacancy
  1. 4
    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(s). 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) and that the candidate(s) is (are) permitted to work in Australia.
  2. 5
    Whilst care is taken to verify information obtained during the recruitment process, 11 cannot accept responsibility for the accuracy of information provided verbally by the candidate or provided in the resume, interview notes, reference check, or any other documentation relating to the candidate.
  3. 6
    The service provided - including interviewing, testing, and reference checking - is carried out at 11’s discretion, or if deemed appropriate by 11, or as per the Client’s written instruction which must be accepted by 11 in writing before such instruction is deemed to have been accepted by 11. 11 cannot accept any responsibility for any claim, error, loss, expense, damage, or delay occasioned by submitted or successful candidates.
  4. 7
    The Client acknowledges and accepts its and 11’s obligations under the Fair Work Act concerning, among other things, discrimination legislation.
  5. 8
    Any information including feedback that 11 provides to candidates on behalf of the Client is provided as coming from the Client.
  6. 9
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  7. 10
    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.
  8. 11
    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.

PAYMENT & INVOICING

  1. 12
    Unless otherwise agreed, 11 will charge the Client an 18% placement fee(s) based on the expected first-year remuneration package, inclusive of superannuation, expected first-year bonuses and commission, site uplift, and site allowances, as well as any other payments or benefits. The provision of a company car is valued at $16,000 per annum. Where street parking is payable a car bay is valued at $5,000.
  2. 13
    The placement fee for part-time positions will be calculated based on the equivalent of the full-time salary (38 hours per week).
  3. 14
    For contingency assignments, temp to perm or general inductions, 11 will invoice the Client immediately following the Client’s verbal acceptance of a candidate and an offer being made to and verbally accepted by the successful candidate(s).
  4. 15
    For a retained assignment, 11 will invoice the Client:
  • 1/3 of the expected total fee on commencement of the assignment;
  • 1/3 of the expected total fee upon Client and candidate interview(s) being scheduled; and
  • 1/3 of the expected total fee following the Client’s verbal acceptance of a candidate and an offer being made to and verbally accepted by the successful candidate(s) with the final fee adjusted to the package(s) offered.
  1. 11
    Each invoice represents a standalone fee for expected upcoming work and is not contingent upon other invoices or services. An invoice is not refundable and will not be discounted should the service be stopped by either party. Due to the varying nature of each recruitment drive, some parts of the service listed in each retained phase or described as part of 11’s service delivery model may not be completed or provided to the Client – irrespective of this, all invoices are to be paid in full.
  1. 16
    If the Client decides to change the job brief and/or the competencies/criteria they are seeking after they have interviewed one (1) or more shortlisted candidates, then an additional fee to the value of 20% of the 3rd retainer will be incurred.
  1. 17
    Display advertising that the Client has agreed to pay for will be submitted for the Client’s authorisation before insertion in the approved publication(s). 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. 18
    GST will be added to all invoices.
  3. 19
    Any trial or training agreement between the parties is considered an acceptance of employment even if the employment does not proceed after the trial/training period.
  4. 20
    Fees and charges are non-refundable. A candidate “fall off” does not negate the Client’s obligation to pay 11’s fee in full.
  5. 21
    The Client can only engage a candidate sourced by 11 on a trial/casual employee as a casual employee of 11. This engagement will be provided to the Client as per 11’s temporary & contract placements (listed below).
  6. 22
    Employment/placement of any candidate:
  • Presented by 11 either verbally or by resume within 12 months of the date of introduction, within the Client organisation or subsidiary, parent company, affiliated or related entity as defined by the Section 9 of the Corporations Act 2001, or its Clients, or a company with the same director(s) as the Client,
  • Interviewed by 11 as a potential candidate for the client’s listed vacancy with 11, where the candidate afterwards approaches the client directly,
  1. 21
    is subject to a full placement fee.
  2. 22
    11 must be informed within seven (7) days of the appointment, or the placement fee may, at the sole discretion of 11, be multiplied by 1.5. Any subsequent introduction or effort by another consultancy, agency, party, the candidate, or the Client’s organisation itself does not in any way negate or limit 11’s rights of claims.
  1. 23
    The fee remains payable even if the candidate presented by 11 is known to the Client. 
  2. 24
    Payment of fee must be made in full within seven (7) days of the date of invoice.
  3. 25
    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. 26
    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. 27
    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 Privacy Act of 1988. This information must be disposed of once the Client has chosen the successful candidate.

TERMS OF PERFORMANCE-BASED REPLACEMENT GUARANTEE

  1. 28
    If a candidate engaged by the Client is terminated due to inadequate performance, 11 will endeavour to provide a replacement candidate at no additional cost to the Client. The employee needs to have ceased employment within the guarantee period for the performance-based replacement guarantee to be valid. The guarantee is valid from the date that the candidate verbally accepts the offer of employment provided that the “terms of performance-based replacement guarantee” listed below have been met:
  • The termination of the candidate was a true termination based on the candidate’s inadequate performance;
  • The termination was not unlawful;
  • The termination was not due to one or more of the following:
  • Change in the original job description provided to 11
  • Change of job duties
  • Change of job location
  • Redeployment caused by the Client
  • Redundancy or restructure
  • Lack of training and/or supervision of the candidate
  • Potentially unsafe and/or unreasonable work environment
  • Harassment, bullying and/or racism
  • Rejection/cancellation of a visa/residency status
  • The candidate chose to accept another position offering a higher salary
  • The Client has paid all fees for the original candidate no later than 7 days past the invoice due date;
  • No other fees or expenses payable to 11 are overdue;
  • The Client had allowed 11 to address any relevant issues with the candidate before termination;
  • Notification must have been given to 11 of the Client's intention to call upon 11’s replacement guarantee before the expiry of the guarantee period;
  • The candidate was not provided as a replacement for another candidate.
  1. 29
    11 reserves the right to cease the relationship and void the replacement guarantee if the Client fails to act in a professional manner.
  2. 30
    11 does not provide credit notes or refunds.
  3. 31
    If the total remuneration offered to the replacement candidate is greater than that of the original candidate, an adjustment to the original invoice will be made accordingly.
  4. 32
    If the Client (or a subsidiary, affiliated, or related organisation) re-employs the “fall off” candidate within 12 months, a new invoice will be raised, or the replacement guarantee will be void at the discretion of 11. 11 must be informed within seven (7) days of the re-employment or the invoiced amount will be multiplied by 1.5.
  5. 33
    The replacement guarantee will not apply if the Client transfers the original candidate (the “fall off”) within the Client organisation or otherwise introduces the “fall off” candidate to a subsidiary, parent company, affiliated or related entity as defined by Section 9 of the Corporations Act 2001, or its Clients and the “fall off candidate” is employed. If this occurs and a replacement candidate is appointed, then a full fee will be charged to the Client. 11 must be informed in writing by the Client within seven (7) days of the appointment of the “fall off” candidate or the invoiced amount will be multiplied by 1.5.
  6. 34
    The replacement guarantee will be deemed to have been honoured and 11 will have fulfilled its obligation to the Client under the replacement guarantee when:
  • The fall-off position is refilled (either by 11, by the Client, by another agency, or by any other means); or
  • The fall-off position is void, cancelled or put on hold for more than one month; or
  • The Client does not, within five (5) business days of being alerted to or presented with one or more shortlisted candidates, assess and either reject or organise an interview with the shortlisted candidate(s); or
  • The Client does not, within five (5) business days of interviewing a shortlisted candidate, organise an additional interview with, provide an offer of employment to, or reject the shortlisted candidate.

SOLICITATION OF 11 STAFF

  1. 36
    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 as per the schedule of fees.

CANCELLATION OF SEARCHES OR ROLES

  1. 37
    11 has at their sole discretion the right to 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;
  • Do not offer an interview within five (5) consecutive business days after a candidate(s) has (have) been shortlisted to the Client; or
  • Do not provide 11 with feedback regarding the outcome of a candidate interview (i.e. whether the candidate is appointable or unsuccessful) within five (5) consecutive business days after the interview takes place.
  1. 39
    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.
  1. 38
    Should the Client place the assignment on hold for a period exceeding one month and subsequently decide to reactivate the assignment, 11 Recruitment reserves the right, at its discretion, to consider this reactivation as a new assignment. Consequently, this will require issuing a new initial retainer invoice.
  2. 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.

MARKET RATE - REMUNERATION PACKAGE

  1. 40
    Definition of “Market Rate”: For the purposes of this Agreement, "Market Rate" refers to the prevailing salary or compensation level that candidates with the specified skill set and experience, as described by the Client, are typically seeking in the current job market, based on data from recent placements, industry benchmarks, and/or other reliable sources at the discretion of 11.
  2. 41
    Market Rate Review: Upon initiation of a recruitment process, 11 will present the job opportunity to the relevant market. Should the feedback from potential candidates suggest that the compensation proposed by the Client is below the current Market Rate, 11 will promptly notify the Client with the findings.
  3. 42
    Adjustment Opportunity: Upon receiving the above notification, the Client will have an option to:
  • Adjust the offered compensation to match or approximate the identified Market Rate, or
  • Modify the required skillset and experience criteria to match the originally proposed compensation.
  1. 43
    Right to Terminate Assignment: If, within 7 days of the notification of the Market Rate discrepancy, the Client neither adjusts the offered compensation to the identified Market Rate nor modifies the job requirements, 11 reserves the right to terminate its recruitment assignment for that specific job opportunity. This termination will not constitute a breach of this Agreement, and neither party shall be liable for any damages or penalties resulting from such termination under this clause.
  2. 44
    Outstanding invoices: All outstanding invoices issued are due irrespective of cancellation of assignment.

INDEMNITY

  1. 45
    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. Any discount negotiated by the Client will be void if any money is overdue by more than 30 days on an invoice. The fee will revert to 11’s schedule of fees listed above.
  2. 46
    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. 47
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.

Temporary & contract placements

GENERAL

  1. 1
    The Terms of Business of 11 Recruitment Pty Ltd (hereinafter referred to as 11) are deemed to be the basis of our agreement to supply temporary (casual) employees to you (hereinafter referred to as the Client) and will become effective upon engagement of our services.
  2. 2
    All 11 temporary employees are assigned under the care, control, and supervision of the Client and the Client is responsible for all acts, errors, and omissions of 11’s employee(s) whether they are willful, negligent, or otherwise for the duration of the assignment. That said, management of performance issues is the responsibility of 11. The Client should only communicate directly with 11's employees concerning performance or behavioural issues if:
  • It immediately notifies 11 of any OH&S risks or discrimination or harassment issues in connection with the provision of services by the temporary employee;
  • It is life-threatening or of a serious nature; and
  • The Client immediately notifies 11 of the issue and the Client’s intention to communicate this with 11's employee. The Client will co-operate with 11 concerning any performance or conduct issues, including notifying 11 as soon as practicable.
  1. 4
    The Client must clearly instruct 11 on the requirements of the assignment and duties for the temporary employee. 11 is to be notified immediately in writing should there be any change to these duties or system of work.
  2. 5
    The Client must:
  • Provide a safe working environment and system of work, without health risks and provide such information, instruction, training, and supervision of 11’s temporary employee as necessary to enable them to perform their work in a manner that is safe and without health risks;
  • Notify 11 of any fundamental changes to the workplace, work practices or procedures, plant equipment, materials or substances that may put the health and safety of agency employees at risk.
  1. 6
    The Client has direct supervision and management of the temporary employee. The Client directly controls the conditions under which the assignment is performed and the outcome of the temporary employee. However, only 11 may direct the employee to:
  • Discontinue work;
  • Be removed from the workplace; or
  • Have their assignment terminated.
  1. 7
    The Client will not allow or direct the employee to operate a vehicle unless it is covered by current third-party and comprehensive vehicle insurance.
  2. 8
    The Client is responsible for ensuring the health and safety of the temporary employee while the employee provides services to the Client (at the Client’s premises or any other premises) and must satisfy all its obligations concerning the temporary employee under applicable occupational health and safety and discrimination legislation. This includes but is not limited to the following:
  • Providing all necessary induction and other training and issuing all necessary policies, procedures, and directions;
  • Requiring the temporary employee to perform only those tasks that the person is skilled and trained to perform; and
  • Demonstrating upon request that hazards have been identified and risks controlled in all plant and equipment, materials and substances, and any activities to be undertaken by the employee.
  1. 9
    The Workers Compensation insurance acquired by 11 is obtained solely to fulfil 11’s statutory obligations to its employees. 11 will not provide cover for the Client’s acts, errors, and omissions, or for loss arising out of the Client's, the employee's, or any other person or entity's acts, errors, and omissions. The Client indemnifies 11 and its Directors for any loss, liability, and fines (including legal costs on an indemnity basis) arising out of, in any way contributed to by the Client or connected to the Client's acts, errors, and omissions, including the Client's failure to properly supervise their own and 11’s employees or to provide a safe work environment.

PAYMENT & INVOICING

  1. 9
    A minimum booking is 4 consecutive hours. If the employee is engaged for less than 4 hours the minimum of 4 hours will be invoiced.
  1. 10
    11 retains sole authority to:
  • Determine rates of pay and entitlements for the employee;
  • Grant leave to the employee;
  • Vary or negotiate the terms of the employee; and
  • Counsel or discipline the employee.
  1. 11
    All relevant Award or Agreement conditions apply and 11 will pay its employees and invoice the Client accordingly. 11 will pay employees based on the working hours shown on the 11 timesheet. The Client undertakes to have each timesheet authorised by an appropriate person. The Client must pay the invoice for all hours worked by the temporary employee up to the time that the employee leaves the assignment inclusive any termination period if applicable. 11 may vary the charge rate at any time without notice in the event of:
  • Variations to any award or agreement or rate of pay set by FairWork Australia (or other body) applicable to the temporary employee;
  • Insurance premiums or any statutory charges, levies, taxes, or other payments 11 is lawfully required to make or for which 11 may become liable in respect of providing an employee under these Terms of Business;
  • The application to an employee of any entitlement not previously applicable (for example, overtime, penalty rates, notice, redundancy, annual, leave personal leave long service leave or payment for jury duty); or
  • The increase to salaries of 11's employees who have provided continuous services to the Client for more than one 12 months.
  1. 12
    Any Client-authorised travel by the employee (in his or her own vehicle) during working hours will be invoiced by 11 at the hourly rate plus kilometre allowance designated by the appropriate Award or Agreement. All other conditions, bonuses, meals, vehicles, or other allowances and entitlements will be invoiced by 11 as per the relevant Award or Agreement at cost plus 25% to cover related on-costs.
  2. 13
    The hourly rates invoiced to the Client include temporary wages and allowances for all related on-costs where applicable under relevant legislation e.g. Workers Compensation Insurance, Payroll Taxes, Superannuation, Training, etc. 11 is responsible for PAYG tax and issue of Payment Summaries. Overtime or shift work is invoiced by 11 as per the relevant Award or Agreement.
  3. 14
    11 will pay the employee’s wages and correspondingly invoice the Client for such appearance monies as are designated by the appropriate Award or Agreement plus margin if an assignment is cancelled or postponed.
  4. 15
    11 is to be provided with no less than eight hours notice of cancellation or postponement of any individual 11 employee's assignment. The notice of cancellation or postponement must be given within normal business hours of 8:00 AM and 5:00 PM. Any less notice requires a booking fee for the hours scheduled for this day. Once the assignment has commenced, unless otherwise stated in the agreed details of the assignment, the Client must provide 11 with the following periods of notice to end the assignment for any reason:
  • 24 hours for an assignment of up to and including 12 weeks;
  • 1 weeks' notice for an assignment exceeding 12 weeks.
  1. 16
    GST will be added to all invoices.
  2. 17
    All rates and conditions are subject to change without notice when affected by a variation in Award or Agreement conditions or statutory on-costs and will be adjusted from the date designated for implementation of the variation. The Client agrees to accept these changes which will apply from the applicable date of the relevant legislation.
  1. 18
    Strictly full payment within 7 days of the date of invoice against weekly invoices to reimburse payment of weekly temporary wages and all statutory on-costs paid by 11 on the Client's behalf.
  2. 19
    A weekly surcharge of 0.25% plus an account-keeping fee of $25 per week will be levied on all overdue amounts.
  1. 20
    The Client must not make any payments directly to the 11's employee. 11 will reimburse the employee directly for such expenses provided the Client supply 11 with original tax invoices to support expense claim reimbursements and confirmation of approval.

DISCLOSURE OF INFORMATION

  1. 21
    The Client must not discuss fees or the 11’s terms of business with the temporary employee.
  1. 22
    11 offers a four-hour guarantee on its temporary placements provided that the Client did not interview the candidate before the commencement of the assignment. If the Client is in any way dissatisfied with the temporary employee chosen by 11, there will be no charge if 11 is notified within four hours of the commencement of the assignment and the temp has ceased the assignment within these four hours. This guarantee only applies if the assignment is for a minimum of seven (7) hours duration. 11 reserves the right not to make the replacement in the event of employer misconduct which includes sustainable allegations of sexual harassment, discrimination, misrepresentation of the position, failure to provide safe working conditions, unfair dismissal or the refusal of postplacement service by 11.
  2. 23
    The service provided - including interviewing, testing, and reference checking - is carried out at 11’s discretion, or if deemed appropriate by 11, or as per the Client’s written instruction which must be accepted by 11 in writing before such instruction is deemed to have been accepted by 11. 11 cannot accept any responsibility for any claim, error, loss, expense, damage or delay arising from any failure to provide staff for all or part of the booking or from any lack of skill, negligence, dishonesty or misconduct of the staff provided.
  3. 24
    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, Interview Notes, Reference Check, or any other documentation relating to the Employee.
  4. 25
    The responsibility for protecting the Client’s confidential information and intellectual property lies solely with the Client. 11 is not liable for any claims arising from the Client’s confidential information and intellectual property.
  5. 26
    The Client acknowledges and accepts its obligations under the Fair Work Act concerning, among other things, discrimination legislation. Any information including feedback that 11 provides to Employees on behalf of the Client is provided as coming from the Client.

SOLICITATION & EMPLOYMENT

  1. 27
    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 24 months from the termination of the employee’s employment with 11.
  2. 28
    If the Client, a subsidiary of the Client, a parent company, an affiliated/related entity (as defined by Section 9 of the Corporations Act 2001), or an entity (corporation or individual) that purchases the business/company (in part or in full) employs an 11 employee within 24 months since the employee’s employment was terminated with 11 as:
  • Their staff; or as
  • A service provider (directly or indirectly through another entity); or as
  • A sole contractor;
  1. 0
    Then the terms listed in “Shortlisting service (recruitment)” will apply. This includes:
  • A full placement fee of 18% placement fee(s) based on the expected first-year remuneration package, inclusive of superannuation, expected first-year bonuses and commission, site uplift, and site allowances, as well as any other payments or benefits.
  • The provision of a company car is valued at $20,000 per annum. Where street parking is payable a car bay is valued at $5,000.
  1. 0
    The Client must advise 11 that the employee has commenced employment within seven (7) days of the date of commencement. If the total remuneration package cannot be established by 11, it will be calculated as 750 times the hourly charge rate (GST not included) at which the employee was paid by 11. The replacement guarantee outlined under Terms of Business “Short Listing / Placement Service” does not apply.

OBLIGATIONS & INDEMINTY

  1. 29
    The Client must not do anything (contractual interference) that may affect the relationship and any agreements between 11 and its employee(s).
  2. 30
    In the event of industrial action or a dispute that involves or affects an 11 employee, the Client agrees to assist 11 and do all things reasonably required by 11 to resolve the industrial action or dispute. This includes giving 11 or its representatives, access to its employee(s) at the Client's site, and to the Client's staff where they may be relevant to the resolution of a dispute or complaint.
  3. 31
    In consideration of this agreement the Client hereby grants a 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.
  4. 32
    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, agents, candidates or subcontractors arising from any claim, suit, demand, action or proceeding by any person against 11, its employees, agents or candidates where such loss or liability was caused by the willful, negligent, or unlawful act or omission of the Client, its employees, agents, candidates or subcontractors arising out of or in connection with the services (or omission of services) provided by 11.
  5. 33
    Consequential Loss: Notwithstanding anything to the contrary in these Terms and Conditions, 11 shall have no liability whatsoever to the Client, whether arising under or in connection with the contract or the performance or non-performance thereof or anything incidental thereto (and whether for breach or repudiation of the contract, by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity) for loss of use, production, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay or any financing costs or increase in operating costs or for any special, indirect or consequential loss or damage.
  6. 34
    Limitation of Liability: Notwithstanding anything to the contrary in these Terms and Conditions, the total aggregate liability of 11 to the Client, whether arising under or in connection with the contract or the performance or non-performance thereof or anything incidental thereto (and whether for breach or repudiation of the contract, by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity) is limited to one week's pay of the temporary employee.
  7. 35
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.
  8. 36
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  9. 37
    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.
  10. 38
    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.

Payrolling (Casual employee provided by the Client)

GENERAL

  1. 1
    The Terms of Business of 11 Recruitment Pty Ltd (hereinafter referred to as 11) are deemed to be the basis of our agreement to supply temporary (casual) employees to you (hereinafter referred to as the Client) and will become effective upon engagement of our services.
  2. 2
    All 11 temporary employees are assigned under the care, control, and supervision of the Client and the Client is responsible for all acts, errors, and omissions of 11’s employee(s) whether they are willful, negligent, or otherwise for the duration of the assignment. That said, management of performance issues is the responsibility of 11. The Client should only communicate directly with 11's employees concerning performance or behavioural issues if:
  • It immediately notifies 11 of any OH&S risks or discrimination or harassment issues in connection with the provision of services by the temporary employee;
  • It is life-threatening or of a serious nature; and
  • The Client immediately notifies 11 of the issue and the Client’s intention to communicate this with 11's employee. The Client will co-operate with 11 concerning any performance or conduct issues, including notifying 11 as soon as practicable.
  1. 3
    The Client must clearly instruct 11 on the requirements of the assignment and duties for the temporary employee. 11 is to be notified immediately in writing should there be any change to these duties or system of work.
  2. 4
    The Client must:
  • Provide a safe working environment and system of work, without health risks and provide such information, instruction, training, and supervision of 11’s temporary employee as necessary to enable them to perform their work in a manner that is safe and without health risks;
  • Notify 11 of any fundamental changes to the workplace, work practices or procedures, plant equipment, materials or substances that may put the health and safety of agency employees at risk.
  1. 5
    The Client has direct supervision and management of the temporary employee. The Client directly controls the conditions under which the assignment is performed and the outcome of the temporary employee. However, only 11 may direct the employee to:
  • Discontinue work;
  • Be removed from the workplace; or
  • Have their assignment terminated.
  1. 6
    The Client will not allow or direct the employee to operate a vehicle unless it is covered by current third-party and comprehensive vehicle insurance.
  2. 7
    The Client is responsible for ensuring the health and safety of the temporary employee while the employee provides services to the Client (at the Client’s premises or any other premises) and must satisfy all its obligations concerning the temporary employee under applicable occupational health and safety and discrimination legislation. This includes but is not limited to the following:
  • Providing all necessary induction and other training and issuing all necessary policies, procedures, and directions;
  • Requiring the temporary employee to perform only those tasks that the person is skilled and trained to perform; and
  • Demonstrating upon request that hazards have been identified and risks controlled in all plant and equipment, materials and substances, and any activities to be undertaken by the employee.
  1. 8
    The Workers Compensation insurance acquired by 11 is obtained solely to fulfil 11’s statutory obligations to its employees. 11 will not provide cover for the Client’s acts, errors, and omissions, or for loss arising out of the Client's, the employee's, or any other person or entity's acts, errors, and omissions. The Client indemnifies 11 and its Directors for any loss, liability, and fines (including legal costs on an indemnity basis) arising out of, in any way contributed to by the Client or connected to the Client's acts, errors, and omissions, including the Client's failure to properly supervise their own and 11’s employees or to provide a safe work environment.

PAYMENT & INVOICING

  1. 9
    All relevant Award or Agreement conditions apply and 11 will pay its employees and invoice the Client accordingly. 11 will pay employees based on the working hours shown on the 11 timesheet. The Client undertakes to have each timesheet authorised by an appropriate person. The Client must pay the invoice for all hours worked by the temporary employee up to the time that the employee leaves the assignment inclusive any termination period if applicable. 11 may vary the charge rate at any time without notice in the event of:
  • Variations to any award or agreement or rate of pay set by FairWork Australia (or other body) applicable to the temporary employee;
  • Insurance premiums or any statutory charges, levies, taxes, or other payments 11 is lawfully required to make or for which 11 may become liable in respect of providing an employee under these Terms of Business;
  • The application to an employee of any entitlement not previously applicable (for example, overtime, penalty rates, notice, redundancy, annual, leave personal leave long service leave or payment for jury duty); or
  • The increase to salaries of 11's employees who have provided continuous services to the Client for more than one 12 months.
  1. 10
    A minimum booking is 4 consecutive hours. If the employee is engaged for less than 4 hours the minimum of 4 hours will be invoiced.
  1. 11
    Any Client-authorised travel by the employee (in his or her own vehicle) during working hours will be invoiced by 11 at the hourly rate plus kilometre allowance designated by the appropriate Award or Agreement. All other conditions, bonuses, meals, vehicles, or other allowances and entitlements will be invoiced by 11 as per the relevant Award or Agreement at cost plus 10% to cover related on-costs.
  2. 12
    The hourly rates invoiced to the Client include temporary wages and allowances for all related on-costs where applicable under relevant legislation e.g. Workers Compensation Insurance, Payroll Taxes, Superannuation, Training, etc. 11 is responsible for PAYG tax and issue of Payment Summaries. Overtime or shift work is invoiced by 11 as per the relevant Award or Agreement.
  3. 13
    11 will pay the employee’s wages and correspondingly invoice the Client for such appearance monies as are designated by the appropriate Award or Agreement plus margin if an assignment is cancelled or postponed.
  4. 14
    11 is to be provided with no less than eight hours notice of cancellation or postponement of any individual 11 employee's assignment. The notice of cancellation or postponement must be given within normal business hours of 8:00 AM and 5:00 PM. Any less notice requires a booking fee for the hours scheduled for this day. Once the assignment has commenced, unless otherwise stated in the agreed details of the assignment, the Client must provide 11 with the following periods of notice to end the assignment for any reason:
  • 24 hours for an assignment of up to and including 12 weeks;
  • 1 weeks' notice for an assignment exceeding 12 weeks.
  1. 15
    GST will be added to all invoices for clients in Australia.
  2. 16
    All rates and conditions are subject to change without notice when affected by a variation in Award or Agreement conditions or statutory on-costs and will be adjusted from the date designated for implementation of the variation. The Client agrees to accept these changes which will apply from the applicable date of the relevant legislation.
  1. 17
    Strictly full payment within 7 days of the date of invoice against weekly invoices to reimburse payment of weekly temporary wages and all statutory on-costs paid by 11 on the Client's behalf.
  2. 18
    A weekly surcharge of 0.25% plus an account-keeping fee of $25 per week will be levied on all overdue amounts.
  1. 19
    The Client must not make any payments directly to the 11's employee. 11 will reimburse the employee directly for such expenses provided the Client supply 11 with original tax invoices to support expense claim reimbursements and confirmation of approval.

DISCLOSURE OF INFORMATION

  1. 20
    The Client must not discuss fees or the 11’s terms of business with the temporary employee.
  1. 15
    The service provided - including interviewing, testing, and reference checking - is carried out at 11’s discretion, or if deemed appropriate by 11, or as per the Client’s written instruction which must be accepted by 11 in writing before such instruction is deemed to have been accepted by 11. 11 cannot accept any responsibility for any claim, error, loss, expense, damage or delay arising from any failure to provide staff for all or part of the booking or from any lack of skill, negligence, dishonesty or misconduct of the staff provided.
  2. 16
    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, Interview Notes, Reference Check, or any other documentation relating to the Employee.
  3. 17
    The responsibility for protecting the Client’s confidential information and intellectual property lies solely with the Client. 11 is not liable for any claims arising from the Client’s confidential information and intellectual property.
  4. 18
    The Client acknowledges and accepts its obligations under the Fair Work Act concerning, among other things, discrimination legislation. Any information including feedback that 11 provides to Employees on behalf of the Client is provided as coming from the Client.

SOLICITATION & EMPLOYMENT

  1. 15
    The Client is not permitted to approach any permanent employee of 11, directly or indirectly, regarding employment opportunities or to trade with past 11 permanent employees for 24 months from the termination of the employee’s employment with 11.
  2. 16
    If the Client, a subsidiary of the Client, a parent company, an affiliated/related entity (as defined by Section 9 of the Corporations Act 2001), or an entity (corporation or individual) that purchases the business/company (in part or in full) employs an 11 permanent employee within 24 months since the employee’s employment was terminated with 11 as:
  • Their staff; or as
  • A service provider (directly or indirectly through another entity); or as
  • A sole contractor;
  1. 0
    Then the terms listed in “Shortlisting service (recruitment)” will apply. This includes:
  • A full placement fee of 18% placement fee(s) based on the expected first-year remuneration package, inclusive of superannuation, expected first-year bonuses and commission, site uplift, and site allowances, as well as any other payments or benefits.
  • The provision of a company car is valued at $20,000 per annum. Where street parking is payable a car bay is valued at $5,000.
  1. 0
    The Client must advise 11 that the Employee has commenced employment within seven (7) days of the date of commencement. If the total remuneration package cannot be established by 11, it will be calculated as 750 times the hourly charge rate (GST not included) at which the employee was paid by 11. The replacement guarantee outlined under Terms of Business “Short Listing / Placement Service” does not apply.

OBLIGATIONS & INDEMNITY

  1. 24
    The Client must not do anything (contractual interference) that may affect the relationship and any agreements between 11 and its employee(s).
  2. 25
    In the event of industrial action or a dispute that involves or affects an 11 employee, the Client agrees to assist 11 and do all things reasonably required by 11 to resolve the industrial action or dispute. This includes giving 11 or its representatives, access to its employee(s) at the Client's site, and to the Client's staff where they may be relevant to the resolution of a dispute or complaint.
  3. 26
    In consideration of this agreement the Client hereby grants a 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.
  4. 27
    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, agents, candidates or subcontractors arising from any claim, suit, demand, action or proceeding by any person against 11, its employees, agents or candidates where such loss or liability was caused by the willful, negligent, or unlawful act or omission of the Client, its employees, agents, candidates or subcontractors arising out of or in connection with the services (or omission of services) provided by 11.
  5. 28
    Consequential Loss: Notwithstanding anything to the contrary in these Terms and Conditions, 11 shall have no liability whatsoever to the Client, whether arising under or in connection with the contract or the performance or non-performance thereof or anything incidental thereto (and whether for breach or repudiation of the contract, by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity) for loss of use, production, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay or any financing costs or increase in operating costs or for any special, indirect or consequential loss or damage.
  6. 29
    Limitation of Liability: Notwithstanding anything to the contrary in these Terms and Conditions, the total aggregate liability of 11 to the Client, whether arising under or in connection with the contract or the performance or non-performance thereof or anything incidental thereto (and whether for breach or repudiation of the contract, by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (arising in respect of negligence, bailment or otherwise), or on any other basis in law or equity) is limited to one week's pay of the temporary employee.
  7. 30
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.
  8. 31
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  9. 32
    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.
  10. 33
    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.

Advertising only

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 advertise your (hereinafter referred to as the Client) vacancies 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 fees are for (unless otherwise agreed upon in writing):
  • Posting ads on agreed platforms.
  • Emailing all applicants to thank them for applying and to confirm their application has been received.
  • Forwarding all applications received directly to the Client.
  • Emailing applicants to let them know we have forwarded their application to the Client for processing.
  1. 4
    Unless otherwise agreed the Client is responsible for processing and managing CVs collected. 11 is not part of the process of recruiting candidates and ensuring that the candidate(s) is (are) suitable for the position(s). 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) and that the candidate(s) is (are) permitted to work in Australia.
  2. 5
    11 cannot accept responsibility for the accuracy of information provided in the resume, or any other documentation relating to the candidates.
  3. 6
    The service provided is carried out at 11’s discretion unless otherwise agreed in writing or as per the Client’s written instruction which must be accepted by 11 in writing before such instruction is deemed to have been accepted by 11. 11 cannot accept any responsibility for any claim, error, loss, expense, damage, or delay occasioned by submitted or successful candidates.
  4. 7
    The Client acknowledges and accepts its and 11’s obligations under the Fair Work Act concerning, among other things, discrimination legislation.
  5. 8
    Any information including feedback that 11 provides to candidates on behalf of the Client is provided as coming from the Client.
  6. 9
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  7. 10
    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.
  8. 11
    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.

PAYMENT & INVOICING

  1. 12
    Unless otherwise agreed, 11 will charge the Client as per written proposal.
  2. 13
    Each invoice represents a standalone fee for expected upcoming work and is not contingent upon other invoices or services. An invoice is not refundable and will not be discounted should the service be stopped by either party. Due to the varying nature of any recruitment drive, some parts of the service listed in an invoice not be completed or provided to the Client – irrespective of this, all invoices are to be paid in full.
  3. 14
    11 has at their sole discretion the right to 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.
  4. 15
    All outstanding invoices are still payable after termination. Should the Client wish to resume and advertising campaign at a later stage it will be considered as the commencement of a new assignment and a new invoice will be issued.
  5. 16
    If the Client decides to change the job brief and/or the competencies/criteria they are seeking after an ad has been posted a new invoice will be issued.
  6. 17
    Display advertising will be submitted for the Client’s authorisation before insertion in the approved publication(s).
  7. 18
    GST will be added to all invoices.
  8. 19
    Fees and charges are non-refundable. If the Client stops an advertising campaign after approval to go ahead this does not negate the Client’s obligation to pay 11’s fee in full.
  9. 20
    Payment of fee must be made in full within seven (7) days of the date of invoice.
  10. 21
    11 does not provide credit notes or refunds.
  11. 22
    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. 23
    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 provided to the Client is confidential as per the Privacy Act of 1988.

SOLICITATION OF 11 STAFF

  1. 24
    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 as per the schedule of fees listed in the section "Shortlisting service (recruitment)".
  2. 25
    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 employee has commenced employment within seven (7) days of the date of commencement to ensure that the replacement guarantee applies. If notification is not provided the placement fee will be multiplied by 1.5. The replacement guarantee outlined under Terms of Business “Shortlisting / Placement Service” does not apply when less than the full fee is payable.

CANCELLATION OF SERVICE

  1. 26
    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. 27
    11 reserves the right to cease the relationship if the Client fails to act in a professional manner.

INDEMNITY

  1. 28
    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. Any discount negotiated by the Client will be void if any money is overdue by more than 7 days on an invoice.
  2. 29
    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 wilful, negligent, or unlawful act or omission of the Client, its employees, agents, shortlisted and employed employees or subcontractors arising out of or in connection with the services provided by 11.
  3. 30
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.

Outplacement

  1. 1
    These Terms of Business are deemed to be the basis of our agreement to supply outplacement services and will become effective upon engagement of our services.
  2. 2
    The employer is in this document labelled as the “Client” and the employee receiving the outplacement service as the “candidate”.
  3. 3
    11's fee(s) is (are) for providing outplacement services to candidates nominated by the Client. The scope of the service will be as per written agreement based on each candidate. 11 will provide the service as per this agreement, however, variations may occur due to the candidates’ personal need and circumstances or as per 11’s discretion. 11 does not guarantee that the candidate will receive any job offers from the service provided. If the candidate obtains employment before completing the program 11 will consider it has fulfilled its service obligations. The candidate has four months from acceptance to complete the program. After this point, the program will only continue with the support of the Client. To keep the Client informed 11 will provide the Client with a progress report regularly.
  4. 4
    11 will invoice the Client for the full amount of the program upon the candidate's acceptance to participate in the program.
  5. 5
    GST will be added to all invoices.
  6. 6
    The responsibility for protecting the Client’s confidential information and intellectual property lies solely with the Client. 11 is not liable for any claims arising from disclosure of the Client’s confidential information and intellectual property.
  7. 7
    11 is to be provided with no less than 48 hours notice of cancellation or postponement of any individual outplacement session by the candidate. If less notice than 48 hours is provided this session is counted as being provided by 50%.
  8. 8
    Any Client-authorised travel by an employee of 11 will be invoiced by 11 at the hourly rate of $150. Other Client authorised costs will be charged at cost plus a 10% admin fee.
  9. 9
    The Client must not disclose fees or 11’s terms of business with the employee receiving the outplacement service.
  10. 10
    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.
  11. 11
    Strictly full payment within seven (7) days of the date of invoice against weekly invoices to reimburse payment of weekly temporary wages and all statutory on-costs paid by 11 on the Client's behalf.
  12. 12
    A weekly surcharge of 0.25% plus an account-keeping fee of $25 per week will be levied on all overdue amounts.
  13. 13
    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.
  14. 14
    In consideration of this agreement the Client hereby grants a 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.
  15. 15
    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, agents, candidates or subcontractors arising from any claim, suit, demand, action or proceeding by any person against 11, its employees, agents or candidates where such loss or liability was caused by the willful, negligent, or unlawful act or omission of the Client, its employees, agents, candidates or subcontractors arising out of or in connection with the services (or omission of services) provided by 11.
  16. 16
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  17. 17
    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.
  18. 18
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.
  19. 19
    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.

Training

  1. 1
    These Terms of Business are deemed to be the basis of our agreement to supply training services and will become effective upon engagement of our services.
  2. 2
    The organisation or in the case of an individual is in this document labelled as the “Client” and any person attending a training or coaching session as the “attendee”.
  3. 3
    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.
  4. 4
    11's fee(s) is (are) for providing training as per request of the Client. The scope of the service will be as per the written agreement in a separate document. 11 will provide the service as per this agreement; however, variations may occur due to a change of scope by either the Client, the attendee(s), or circumstances. 11 does not guarantee a certain outcome from the service provided.
  5. 5
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  6. 6
    11 will invoice the Client:
  • 50% of the full amount of the program upon agreement to provide the training; and
  • 50% seven (7) business days before the first day of training.
  • Insights Discovery Profiles (if used) 100% within 7 days of invoicing (non-refundable)
  1. 7
    Training fees cover the cost of training materials, use of appropriate equipment & the facilitator's time.
  2. 8
    Provision of travel, accommodation, room hire, other subsistence requirements and any other related expenses that the Client has agreed to pay for will be submitted for the Client’s written authorisation prior to booking..
  3. 9
    GST will be added to all invoices.
  4. 10
    Strictly full payment within seven (7) days of the date of invoice against weekly invoices to reimburse payment of weekly temporary wages and all statutory on-costs paid by 11 on the Client's behalf.
  5. 11
    A weekly surcharge of 0.25% plus an account-keeping fee of $25 per week will be levied on all overdue amounts.
  6. 12
    11 reserves the right to charge the following rates on cancellation when a mutually acceptable rescheduled date cannot be agreed between 11 and The Client:
  • No charge for cancellations with more than 8 weeks notice
  • 50% of the fee for cancellations between 4-8 weeks of booked dates
  • 100% of the fee for cancellations within 4 weeks of booked dates
  • Insights Profiles costs (if part of the training course) are non-refundable
  1. 13
    11 reserves the right to cancel/reschedule training courses if necessary. In this event an alternative date will be offered, or a refund will be made. In the event of cancellation or rescheduling, 11 will not be liable for the reimbursement of any travel or accommodation costs incurred by delegates.
  2. 14
    Unless agreed otherwise in writing, any Client-authorised travel by an employee of 11 will be invoiced by 11 at the hourly rate of $150. Other Client authorised costs will be charged at cost plus a 10% admin fee.
  3. 15
    The responsibility for protecting the Client’s confidential information and intellectual property lies solely with the Client. 11 is not liable for any claims arising from disclosure of the Client’s confidential information and intellectual property.
  4. 16
    All the information, contents and text utilised during training may not be copied, reproduced, republished, posted, transmitted, or distributed in any way without written consent.
  5. 17
    All trademarks used or referred to are the property of their respective owners.
  6. 18
    All course literature and presentation material is copyrighted and may not be reproduced without permission.
  7. 19
    The Client is is responsible for ensuring that all equipment, accommodation and subsistence needed for delivery of the course is supplied in accordance with the course requirements. Handouts and training material will be provided on the day as appropriate.
  8. 20
    11 will not be held responsible for the conduct of attendees or their guests.
  9. 21
    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.
  10. 22
    The Client hereby 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.
  11. 23
    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, agents, candidates or subcontractors arising from any claim, suit, demand, action or proceeding by any person against 11, its employees, agents or candidates where such loss or liability was caused by the willful, negligent, or unlawful act or omission of the Client, its employees, agents, candidates or subcontractors arising out of or in connection with the services (or omission of services) provided by 11.
  12. 24
    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.
  13. 25
    Notwithstanding any other provision in these Terms of Business, 11 shall have no liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties for loss of use, profit, revenue, business, data, contract, or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect, or consequential loss. Otherwise, the 11's maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the Client or any third parties is limited to the amount paid by the Client to 11 under this agreement during the twelve (12) months period immediately preceding the first event giving rise to a claim.
  14. 26
    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.

Download PDF

Please confirm your email to download our terms of business

>