Terms & Conditions

ENGAGEMENT
These Terms of Business (“Terms”) are between Prospere Talent Solutions, ABN 12 983 116 401 and yourself, when you accept our services as our client (“you/your”).
These Terms will apply to candidates presented by us to you (“candidate(s)”).
You will be regarded as having agreed to these Terms if you:
(a) sign these Terms; or
(b) give us written or verbal instructions to supply candidate(s); or
(c) interview a candidate we introduced to you; or
(d) employ or otherwise engage a candidate we introduced to you; or
(e) refer a candidate we introduced to you to a third party who then employs or otherwise engages that candidate.
These Terms must be read in conjunction with a contract (if provided by us) and/or our written confirmation that outlines the details of our engagement, type of assignment you have requested and other relevant information pertaining to that particular engagement (“Engagement Letter”).
We provide recruitment services relating to the employment of staff (Permanent Recruitment), fixed term contractors (Fixed Term Recruitment) and temporary contracting recruitment (Contracting Recruitment).
PERMANENT RECRUITMENT
2.1 NOTIFICATION
You agree to notify us immediately in writing if a candidate introduced by us accepts your offer of permanent employment.
2.2 YOUR EMPLOYEE
Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia for:
(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and
(b) All of the obligations of an employer, including but not limited to obligations contained under the Fair Work Act 2009 (Cth) or relevant state Industrial legislation (Employer Obligations), in relation to that candidate.
2.3 FEES AND PAYMENT
(a) You must pay us fees relating to Permanent Recruitment (Perm Fee) in accordance with these Terms, unless otherwise specified in a relevant Engagement Letter. The Perm Fee payable is calculated based on an agreed percentage of the candidate’s annual commencing salary package. Annual commencing salary will be taken to include cash salary, superannuation, allowances, guaranteed bonuses and commissions, and non-cash benefits, which form an integral part of the remuneration package. The provision of a motor vehicle will be valued at the cashed-out equivalent of the vehicle.
Perm Fee(s) will be negotiated during the contract process:
(b) The Perm Fee is payable whether you engage us on a retained or exclusive or standard basis.
(i) Retained assignment: Retained assignment services require an exclusive agreement where you will pay us in three stages as detailed in the Retained Assignment document. The Retainer Fee is payable within 7 days from the date of issue of the relevant invoice.
(ii) Exclusive basis: If you agree to engage us on an exclusive basis you agree to only brief us and not to accept introductions of candidates in any form from other external suppliers and the Engagement Fee is payable in accordance with Clause 2.3(b)(i) within 7 days from the later of: A) date of the retainer or B) issue of the relevant invoice. Please note that when we are engaged on an exclusive basis, a cancellation fee of 5% of the budgeted first year salary package (inclusive of superannuation) will apply to any role that is cancelled by the client after first stage interviews are conducted by the client.
(iii) Standard basis: If our engagement by you is non-exclusive, our fees are payable in accordance with Clause 2.3(c).
(c) You acknowledge that you must pay us the Perm Fee when an offer of employment is made to and accepted by a candidate. Our invoice for the Perm Fee will be issued to you after the date the candidate is to commence their employment with you and is payable within 7 days of the date of issue.
(d) Part-time Permanent Recruitment placements will not be pro-rated and will be charged at the same rate as full-time Permanent Recruitment placements.
TEMPORARY CONTRACTING RECRUITMENT
3.1 OUR RESPECTIVE OBLIGATIONS
(a) Subject to Clauses 3.1 (b), 3.1 (c) and 3.2, any candidate supplied by us to you under Contracting Recruitment is our employee and we are responsible for Employee Entitlements as set out in Clause 2.2 in relation to that candidate.
(b) You must ensure that all workplace health and safety legislation is complied with in relation to the candidate while on assignment at your premises, or at any other premises as you may direct. This includes induction and training required for the candidate to comply with your OH&S policies and procedures.
(c) You must ensure that all state and federal equal opportunity legislation is complied with in relation to the candidate, including in relation to discrimination and harassment, and ensure compliance with all general protections in Part 3-1 of the Fair Work Act 2009.
3.2 SUPERVISION
You are responsible for the direct supervision and management of the candidate in the performance of the assignment, and the achievement of outcomes required of the assignment.
3.3 FEES
(a) Our Contracting Recruitment fees are invoiced for the time period actually worked by our candidate and will be at the agreed margin.
(b) Our fees include an allowance for applicable statutory charges, including superannuation, payroll tax and workers compensation which will be charged in addition to the set margin.
(i) For example, fees for placing a labourer into work will be charged out at a flat rate per hour, fees broken down for the worker/s:
Candidate’s normal hourly pay Payroll Tax Superannuation Payment Processing Insurances HSR Agreed Upon Fee.
(c) We may vary our fee to allow for changes in conditions of any federal or state Awards, Australia workplace agreements, collective agreements, Greenfield agreements and individual transitional employment agreements (Industrial Agreements), and statutory or other charges we may be lawfully required to make. These include, but are not limited to, penalty rates that may apply under an Award or Industrial Agreement for work performed outside normal business hours as specified in the Award or Industrial Agreement.
(d) Where a candidate has been placed by us to you on a contractual basis and you wish to engage that candidate on a permanent basis, the permanent placement fee as set out in clause 2.3 will apply.
3.4 TIMESHEETS
Our candidate will periodically submit timesheets to you for approval. By signing or approving electronic timesheets you confirm that the work has been completed to your satisfaction by the candidate and you will accept our fees for the period worked.
3.5 PAYMENT TERMS
Our fees are invoiced upon the approval of timesheets. Weekly, we will pay our candidates for the period worked, and this amount is payable by you, the client, within 7 days of the invoice date.
3.6 TERMINATION
(a) You may terminate a Contracting Recruitment assignment by giving us notice in writing of the duration specified in a relevant Engagement Letter (Notice Period).
(b) We may terminate a Contracting Recruitment assignment without further notice if you are in breach of these Terms and fail to remedy the breach within 14 days of us notifying you in writing.
(c) Where the Contracting Recruitment assignment is terminated for any reason, you will be liable to pay us the fee in respect of all hours worked by the candidate up to and including the time of termination. This will include all Notice Period(s) that the candidate is subject to, or which is required to be given, including any “gardening leave”.
3.7 ASSIGNMENT VARIATION
You shall not at any time during an assignment require the candidate to undertake work that falls materially outside the original job brief and specification unless we have given our consent in writing.
FIXED TERM RECRUITMENT
4.1 ENGAGEMENT
We will only consider Fixed Term Recruitment (Fixed Term) requests for periods of thirteen (13) weeks or more. Fixed Term contracts of 12+ months will be calculated at permanent rates.
4.2 YOUR EMPLOYEE
Any candidate employed by you under Fixed Term is your employee and you are responsible for the Employee Entitlements and Employer Obligations as set out in clause 2.2 in relation to that candidate.
4.3 FEES AND PAYMENT
(a) You must pay us a fee (Fixed Term Fee) which will be calculated as a percentage of the candidate’s annual commencing salary (or annualised equivalent) in accordance with the schedule below.
Fee Schedule:
3 – 6 months
Fees relevant to the position will be discussed and agreed upon with your consultant, and are to be signed off by one or both Managing Directors.
12 – 24 months
Fees relevant to the position will be discussed and agreed upon with your consultant, and are to be signed off by one or both Managing Directors.
(b) If the term of the Fixed Term is extended by you, additional fees will be payable under the new contract. In the event that the contract exceeds the agreed upon term, a new contract will be drawn outlining the new starting date and new end date, the fees are also open for discussion upon extension.
(c) Our Fixed Term Fee must be paid within seven (7) days of the date our invoice.
(d) There is no guarantee period for Fixed Term Recruitment.
REPLACEMENT GUARANTEE
(a) Our Replacement Guarantee for Permanent Recruitment is valid for 3 months from the candidate’s start date.
(b) The Replacement Guarantee includes one replacement within the 3-month period. This will apply if:
(i) Our fees have been paid in full and on time, according to the agreed terms.
(ii) We are notified in writing within the guarantee period of the employment termination.
(iii) The termination is not due to redundancy, corporate restructure, changes in job brief, changes in management, or any circumstances beyond the candidate’s control.
OUR GENERAL OBLIGATIONS
(a) We agree to use our reasonable commercial endeavours to source suitable candidates in accordance with your requirements.
(b) While we will take all reasonable steps to ensure that candidate(s) introduced to you are suitable to your requirements, we do not guarantee the performance, integrity or reliability of the candidate. We rely on information provided to us by the candidate and third parties and we do not independently verify this information. You agree that you are responsible for taking all necessary steps to satisfy yourself that the candidate has the required qualifications, experience, licenses, visas, work permits, and the right to work in Australia.
LIABILITY
(a) To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind.
(b) We exclude all liability for indirect and consequential loss arising out of or in connection with the services we provide.
(c) To the extent that we are unable to exclude liability, our aggregate liability for all claims is limited to the amount of the fees paid by you to us in the preceding 12 months.
CONFIDENTIALITY
(a) Each party must treat as confidential and not use or disclose any information received from the other party that is marked as confidential or is of its nature confidential, except where disclosure is required by law or with the consent of the other party.
(b) The obligations of confidentiality continue after the termination of these Terms.
MISCELLANEOUS
(a) These Terms and any Engagement Letter constitute the entire agreement between us in relation to its subject matter and supersede any previous understanding or agreement. (b) No variation of these Terms or any Engagement Letter will be valid unless in writing and signed by both parties.
(c) These Terms are governed by the laws of the State or Territory of Australia in which our services are provided to you. Each party submits to the exclusive jurisdiction of the courts of that State or Territory.
(d) If any provision of these Terms is held to be invalid or unenforceable, it will be severed and the remaining provisions will continue to operate.

ENGAGEMENT

These Terms of Business (“Terms”) are between Prospere Talent Solutions, ABN 12 983 116 401 and yourself, when you accept our services as our client (“you/your”).

These Terms will apply to candidates presented by us to you (“candidate(s)”).

You will be regarded as having agreed to these Terms if you:

(a) sign these Terms; or

(b) give us written or verbal instructions to supply candidate(s); or

(c) interview a candidate we introduced to you; or

(d) employ or otherwise engage a candidate we introduced to you; or

(e) refer a candidate we introduced to you to a third party who then employs or otherwise engages that candidate.

These Terms must be read in conjunction with a contract (if provided by us) and/or our written confirmation that outlines the details of our engagement, type of assignment you have requested and other relevant information pertaining to that particular engagement (“Engagement Letter”).

We provide recruitment services relating to the employment of staff (Permanent Recruitment), fixed term contractors (Fixed Term Recruitment) and temporary contracting recruitment (Contracting Recruitment).

PERMANENT RECRUITMENT

2.1 NOTIFICATION

You agree to notify us immediately in writing if a candidate introduced by us accepts your offer of permanent employment.

2.2 YOUR EMPLOYEE

Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia for:

(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and

(b) All of the obligations of an employer, including but not limited to obligations contained under the Fair Work Act 2009 (Cth) or relevant state Industrial legislation (Employer Obligations), in relation to that candidate.

2.3 FEES AND PAYMENT

Perm Fee(s) will be negotiated during the contract process:

(b) The Perm Fee is payable whether you engage us on a retained or exclusive or standard basis.

(i) Retained assignment: Retained assignment services require an exclusive agreement where you will pay us in three stages as detailed in the Retained Assignment document. The Retainer Fee is payable within 7 days from the date of issue of the relevant invoice.

(iii) Standard basis: If our engagement by you is non-exclusive, our fees are payable in accordance with Clause 2.3(c).

(c) You acknowledge that you must pay us the Perm Fee when an offer of employment is made to and accepted by a candidate. Our invoice for the Perm Fee will be issued to you after the date the candidate is to commence their employment with you and is payable within 7 days of the date of issue.

(d) Part-time Permanent Recruitment placements will not be pro-rated and will be charged at the same rate as full-time Permanent Recruitment placements.

TEMPORARY CONTRACTING RECRUITMENT

3.1 OUR RESPECTIVE OBLIGATIONS

(a) Subject to Clauses 3.1 (b), 3.1 (c) and 3.2, any candidate supplied by us to you under Contracting Recruitment is our employee and we are responsible for Employee Entitlements as set out in Clause 2.2 in relation to that candidate.

(c) You must ensure that all state and federal equal opportunity legislation is complied with in relation to the candidate, including in relation to discrimination and harassment, and ensure compliance with all general protections in Part 3-1 of the Fair Work Act 2009.

3.2 SUPERVISION

You are responsible for the direct supervision and management of the candidate in the performance of the assignment, and the achievement of outcomes required of the assignment.

3.3 FEES

(a) Our Contracting Recruitment fees are invoiced for the time period actually worked by our candidate and will be at the agreed margin.

(b) Our fees include an allowance for applicable statutory charges, including superannuation, payroll tax and workers compensation which will be charged in addition to the set margin.

(i) For example, fees for placing a labourer into work will be charged out at a flat rate per hour, fees broken down for the worker/s:

Candidate’s normal hourly pay Payroll Tax Superannuation Payment Processing Insurances HSR Agreed Upon Fee.

(d) Where a candidate has been placed by us to you on a contractual basis and you wish to engage that candidate on a permanent basis, the permanent placement fee as set out in clause 2.3 will apply.

3.4 TIMESHEETS

Our candidate will periodically submit timesheets to you for approval. By signing or approving electronic timesheets you confirm that the work has been completed to your satisfaction by the candidate and you will accept our fees for the period worked.

3.5 PAYMENT TERMS

Our fees are invoiced upon the approval of timesheets. Weekly, we will pay our candidates for the period worked, and this amount is payable by you, the client, within 7 days of the invoice date.

3.6 TERMINATION

(a) You may terminate a Contracting Recruitment assignment by giving us notice in writing of the duration specified in a relevant Engagement Letter (Notice Period).

(b) We may terminate a Contracting Recruitment assignment without further notice if you are in breach of these Terms and fail to remedy the breach within 14 days of us notifying you in writing.

3.7 ASSIGNMENT VARIATION

You shall not at any time during an assignment require the candidate to undertake work that falls materially outside the original job brief and specification unless we have given our consent in writing.

FIXED TERM RECRUITMENT

4.1 ENGAGEMENT

We will only consider Fixed Term Recruitment (Fixed Term) requests for periods of thirteen (13) weeks or more. Fixed Term contracts of 12+ months will be calculated at permanent rates.

4.2 YOUR EMPLOYEE

Any candidate employed by you under Fixed Term is your employee and you are responsible for the Employee Entitlements and Employer Obligations as set out in clause 2.2 in relation to that candidate.

4.3 FEES AND PAYMENT

(a) You must pay us a fee (Fixed Term Fee) which will be calculated as a percentage of the candidate’s annual commencing salary (or annualised equivalent) in accordance with the schedule below.

Fee Schedule:

3 – 6 months

Fees relevant to the position will be discussed and agreed upon with your consultant, and are to be signed off by one or both Managing Directors.

12 – 24 months

Fees relevant to the position will be discussed and agreed upon with your consultant, and are to be signed off by one or both Managing Directors.

(c) Our Fixed Term Fee must be paid within seven (7) days of the date our invoice.

(d) There is no guarantee period for Fixed Term Recruitment.

REPLACEMENT GUARANTEE

(a) Our Replacement Guarantee for Permanent Recruitment is valid for 3 months from the candidate’s start date.

(b) The Replacement Guarantee includes one replacement within the 3-month period. This will apply if:

(i) Our fees have been paid in full and on time, according to the agreed terms.

(ii) We are notified in writing within the guarantee period of the employment termination.

(iii) The termination is not due to redundancy, corporate restructure, changes in job brief, changes in management, or any circumstances beyond the candidate’s control.

OUR GENERAL OBLIGATIONS

(a) We agree to use our reasonable commercial endeavours to source suitable candidates in accordance with your requirements.

LIABILITY

(a) To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind.

(b) We exclude all liability for indirect and consequential loss arising out of or in connection with the services we provide.

(c) To the extent that we are unable to exclude liability, our aggregate liability for all claims is limited to the amount of the fees paid by you to us in the preceding 12 months.

CONFIDENTIALITY

(a) Each party must treat as confidential and not use or disclose any information received from the other party that is marked as confidential or is of its nature confidential, except where disclosure is required by law or with the consent of the other party.

(b) The obligations of confidentiality continue after the termination of these Terms.

MISCELLANEOUS

(a) These Terms and any Engagement Letter constitute the entire agreement between us in relation to its subject matter and supersede any previous understanding or agreement. (b) No variation of these Terms or any Engagement Letter will be valid unless in writing and signed by both parties.

(c) These Terms are governed by the laws of the State or Territory of Australia in which our services are provided to you. Each party submits to the exclusive jurisdiction of the courts of that State or Territory.

(d) If any provision of these Terms is held to be invalid or unenforceable, it will be severed and the remaining provisions will continue to operate.