Terms of Business


Shortlisting Service (Recruitment)

  1. 1
    The Terms of Business of 11 Recruitment Pty Ltd trading as 11 Recruitment (hereinafter referred to as 11) are deemed to be the basis of our agreement to supply candidates to you (hereinafter referred to as the client) and will become effective upon engagement of our services. They are deemed to be “Commercial in Confidence”.
  2. 2
    11's fee(s) is (are) for sourcing potentially suitable candidates for short-listing / introduction. 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).
  3. 3
    The fee(s) is (are) calculated as a percentage of the expected first year salary package, inclusive of superannuation, expected first year bonuses and commission, site uplift and site allowances. The provision of a company car is valued at $15,000 per annum. In locations where street parking is payable, a parking bay is valued at $6,000. Agreed relocation expenses are added to the remuneration package.
  4. 4
    For contingency assignments, 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).
  5. 5
    For a retained assignment, 11 will invoice the client 1/3 of the expected fee on commencement of assignment, 1/3 on acceptable shortlist and 1/3 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 offered. Each invoice represents a standalone invoice and is not contingent upon other invoices or services.
  6. 6
    Any trial or training agreement between the parties is considered an acceptance of employment even in the event that the employment does not proceed after the trial/training period. Any exceptions to this must be accepted by 11 in writing. The placement fee is non-refundable. A candidate “fall off” does not negate the client’s obligation to pay 11’s fee in full. The client can only place a candidate sourced by 11 on a trial as a casual employee of 11. The trial will be provided to the client as per 11’s Terms of Business (see terms listed in the following section below “Temp and Contract Placements”).
  7. 7
    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.
  8. 8
    The client agrees that 11 may use client job descriptions for promotional and training purposes.
  9. 9
    Display advertising that the client has agreed to pay for will be submitted for the client’s authorisation prior to insertion in the approved publication(s). 11 will invoice for the authorised advertising immediately following insertion in the approved publication(s) regardless of the stage of the recruitment assignment. 11 will invoice the client the cost of the advertising plus a 10% administration fee.
  10. 10
    GST will be added on all invoices.
  11. 11
    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, is subject to the full fee shown in our schedule. Should a candidate that has been presented by 11 be appointed within the client organisation or subsidiary, affiliated or related organisation, 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 your organisation itself does not in any way negate or limit our rights of claims.
  12. 12
    Placement: 20% of total remuneration package + GST. unless a variation is offered and accepted by the client.
  13. 13
    Placement fee for part-time positions will be calculated based on the equivalent of the full-time salary (38 hours per week). The fee will then be reduced to the appropriate pro-rata amount.
  14. 14
    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 candidate.
  15. 15
    The client acknowledges and accepts its obligations under the Fair Work Act with respect to, among other things, discrimination legislation. Any information including feedback that 11 provide to candidates on behalf of the client is provided as coming from the client.
  16. 16
    The fee remains payable even in the event that 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 prior to 11’s introduction short listing) 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.
  17. 17
    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.
  18. 18
    Interviewing, testing and reference checking is carried out at 11’s discretion, or if deemed appropriate by 11, or as per 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.
  19. 19
    11 provides a replacement guarantee for the successful candidate from the date that the candidate verbally accepts offer of employment provided that the “Terms of Replacement Guarantee” listed below have been met. The employee needs to have ceased employment within the guarantee period for the replacement guarantee to be valid. The replacement guarantee provides that, if required, 11 will endeavour to provide a replacement free of charge.
  20. 20
    The replacement guarantee only covers a replacement of the original candidate, not of a replacement candidate.
  21. 21
    If the client requests that the replacement guarantee be used for another position, then at 11’s discretion the available credit may be split equally between two subsequent placements.
  22. 22
    Any additional advertising costs are not included in the replacement guarantee.
  23. 23
    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.
  24. 24
    Should a replacement candidate not be required immediately, then the replacement guarantee will expire three (3) months after the termination of employment (date of fall off). This expiration date also applies in the event that the replacement guarantee is split between two subsequent placements.
  25. 25
    The replacement guarantee will not apply in the event that 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 as per our schedule of fees 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.
  26. 26
    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);
  • put on hold, cancelled; or
  • A potentially suitable candidate has been presented; and the client does not offer an interview, further interviews or provide an offer of employment to the candidate by more than five (5) working days after the last interview.
  1. 27
    “Terms of Replacement Guarantee”: The 11 guarantee requires that:
  • A termination notice must have been issued (either resignation or termination by client) before 11 will work on a replacement.
  • The candidate for whom the replacement is required must have ceased employment prior to the expiry of the replacement guarantee period.
  • Notification must have been given to 11 of the client's intention to call upon 11’s 11 provides a replacement guarantee prior to the expiry of the guarantee period.
  • The cessation (termination/resignation) of employment during the 11 replacement guarantee period must not be due to the restructuring of the job description, change of job location, redundancy, potentially unsafe work environment, change of management, misrepresentation of job description and duties or redeployment caused by the client or rejection/cancellation of a residency or employment visa application.
  • Payment of fee must be made in full within seven (7) days of date of invoice.
  • The cessation of employment during the 11 replacement guarantee period must not be due to harassment and/or bullying, or lack of training and/or supervision of the candidate.
  • The cessation of employment must not be due to an unreasonable working environment which will be determined at the discretion of 11.
  • The client must respond to 11 in relation to presented candidates within one (1) week of presentation or the replacement guarantee will expire.
  • 11 reserves the right to cease the relationship and void the replacement guarantee if the client fails to act in a professional manner which will be determined at 11’s absolute discretion.
  • The original recruitment fee will be adjusted if the replacement is a higher salary.
  • Strictly full payment within seven (7) days of date of invoice.
  1. 28
    A weekly surcharge of 0.25% plus an account keeping fee of $25 per week will be levied on all overdue amounts.
  2. 29
    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. 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.
  3. 30
    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 or subcontractors arising out of or in connection with the services provided by 11.
  4. 31
    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
  5. 32
    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 a period of 12 months from 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 schedule of fees.
  6. 33
    If the client, or a customer of the client, employs an 11 employee as their own staff or at any subsidiary, parent company, affiliated or related entity as defined by the Section 9 of the Corporations Act 2001, or engages the services of the temporary employee via a separate entity within twelve months of the date of completion of the last 11 assignment by that temporary employee with the client, then a full placement fee (based on the terms listed in Short Listing / Placement Service) will apply and be invoiced to the client by 11. 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. If notification is not provided the placement fee will be multiplied by 1.5. The replacement guarantee outlined under Terms of Business “Short Listing / Placement Service” does not apply when less than the full fee is payable.
  7. 34
    Any variations to these Terms of Business needs to be approved by 11 and confirmed in writing by 11.
  8. 35
    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.
  9. 36
    These Terms of Business are governed by and construed under the law in the State of Western Australia. Any legal action in relation to this document may be brought in any court of competent jurisdiction in the State of Western Australia.

Temporary and Contract Placements

  1. 1
    The Terms of Business of 11 Recruitment Pty Ltd trading as 11 Recruitment (hereinafter referred to as 11) are deemed to be the basis of our agreement to supply temporary (casual) employees to you 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 employees be they wilful, negligent or otherwise for the duration of the assignment.
  3. 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.
  4. 4
    The client must provide a safe working environment and system of work, without risks to health and provide such information, instruction, training and supervision of 11 temporary employees as necessary to enable them to perform their work in a manner that is safe and without risk to health.
  5. 5
    The client has direct supervision and management of the temporary employee of each assignment for the client. The client directly controls the conditions under which the assignment is performed and the outcome of the temporary employee.
  6. 6
    The client is responsible for ensuring the health and safety of the temporary employee while the employee provide services to the client (at the client’s premises or any other premises) and must satisfy all its obligations in relation to 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;
  • Immediately notify 11 of any OH&S risks or discrimination or harassment issues in connection with the provision of services by the temporary employee; and
  • Requiring the temporary employee to perform only those tasks that the person is skilled and trained to perform.
  1. 7
    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.
  2. 8
    All relevant Award or Agreement conditions apply and 11 will pay its employees and invoice the client accordingly. 11 will pay employees on the basis of the working hours shown on the 11 timesheet. The client undertakes to have each time sheet 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.
  3. 9
    The client must not discuss fees or the 11’s terms of business with the temporary employee.
  4. 10
    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, meal, vehicle or other allowances and entitlements will be invoiced by 11 in accordance with the relevant Award or Agreement at cost plus 25% to cover related on-costs.
  5. 11
    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 will invoiced by 11 in accordance with the relevant Award or Agreement.
  6. 12
    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 in the event that an assignment is cancelled or postponed.
  7. 13
    11 is to be provided with no less than eight hours’ notice of cancellation or postponement of any individual 11 employee's assignment.
  8. 14
    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.
  9. 15
    GST will be added on all invoices.
  10. 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 decision. The client agrees to accept these changes which will apply from the applicable date of the relevant legislation.
  11. 17
    11 offers a four hour guarantee on its temporary placements provided that the client did not interview the candidate prior to 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.
  12. 18
    Interviewing, testing and reference checking is carried out at 11’s discretion, or if deemed appropriate by 11, or as per 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.
  13. 19
    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 candidate.
  14. 20
    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.
  15. 21
    The client acknowledges and accepts its obligations under the Fair Work Act with respect to, among other things, discrimination legislation. Any information including feedback that 11 provides to candidates on behalf of the client is provided as coming from the client.
  16. 22
    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 a period of 24 months from termination of the employee’s employment with 11.
  17. 23
    If the client, a customer of the client, an entity (corporation or individual) that purchase the business (in part or full) or purchase the company, employs an 11 employee as their own staff or at any subsidiary, parent company, affiliated or related entity as defined by the Section 9 of the Corporations Act 2001, or engages the services of the temporary employee via a separate entity within twelve months of the date of completion of the last 11 assignment by that temporary employee with the client, then a full placement fee of 20% will apply. The terms listed in Shortlisting Service (Recruitment) above will apply. 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. If notification is not provided the placement fee will be multiplied by 1.5. The replacement guarantee outlined under Terms of Business “Short Listing / Placement Service” does not apply when less than the full fee is payable.
  18. 24
    Strictly full payment within 7 days of 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.
  19. 25
    A weekly surcharge of 0.25% plus an account keeping fee of $25 per week will be levied on all overdue amounts.
  20. 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.
  21. 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 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 wilful, 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.
  22. 28
    Any variations to these Terms of Business needs to be approved by 11 and confirmed in writing by 11.
  23. 29
    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.
  24. 30
    These Terms of Business are governed by and construed under the law in the State of Western Australia. Any legal action in relation to this document may be brought in any court of competent jurisdiction in the State of Western Australia

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 individual 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 prior to 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 support of the client. To keep the client informed 11 will provide the client with a progress report on a regular basis.
  4. 4
    11 will invoice the client for the full amount of the program upon the candidate acceptance to participate in the program.
  5. 5
    GST will be added on 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 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 charged at cost plus 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 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 a period of 12 months from 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 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 wilful, 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
    These Terms of Business are governed by and construed under the law in the State of Western Australia. Any legal action in relation to this document may be brought in any court of competent jurisdiction in the State of Western Australia.

Training and software support

  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 the employee of the organisation receiving the training service as the “employee”.
  3. 3
    11's fee(s) is (are) for providing training as per request of the client. The scope of the service will be as per written agreement in a separate document. 11 will provide the service as per this agreement; however, variations may occur due to change of scope by either the client, the employee or circumstances. 11 does not guarantee a certain outcome from the service provided.
  4. 4
    11 will invoice the client
  • 50% of the full amount of the program upon agreement to provide the training and
  • 50% five business days prior the first day of training.
  1. 5
    GST will be added on all invoices.
  2. 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.
  3. 7
    11 is to be provided with no less than 48 hours’ notice of cancellation or postponement of any training session. If less notice than 48 hours is provided then this session is counted as being provided by 50% and the client will be charged 50% of the training fee.
  4. 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 10% admin fee.
  5. 9
    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.
  6. 10
    Strictly full payment within seven (7) days of 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.
  7. 11
    A weekly surcharge of 0.25% plus an account keeping fee of $25 per week will be levied on all overdue amounts.
  8. 12
    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 a period of 12 months from termination of the employee’s employment with 11.
  9. 13
    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.
  10. 14
    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 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 wilful, 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.
  11. 15
    Any variations to these Terms of Business need to be approved by 11 and confirmed in writing by 11.
  12. 16
    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. 17
    These Terms of Business are governed by and construed under the law in the State of Western Australia. Any legal action in relation to this document may be brought in any court of competent jurisdiction in the State of Western Australia.
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