Synergy Placements Pty Ltd ABN: 40 163 227 969
General Terms of Business
These terms and conditions of business (the “Agreement”) are between Synergy Placements Pty Ltd, a recruitment company and the Client. The Client is defined as the company, organisation or legal person utilizing the services of Synergy Placements Pty Ltd (ABN 44 163 227 969). The Candidate is defined as the person introduced by Synergy Placements Pty Ltd to the Client as the job applicant.
“Synergy” and “Synergy Placements” and “we” refers to “Synergy Placements Pty Ltd (ABN 40 163 227 969)” in this document.
Acceptance of terms and conditions
The acceptance of candidate details will amount to your acceptance of the Terms and Conditions. No variation can be made to these terms without the written consent of a Director of Synergy Placements Pty Ltd
Engagement of candidates
You must notify us immediately where a candidate who we have introduced to your organisation accepts an engagement with you. Once you agree to engage a candidate introduced by us for any position within your organisation, even if the introduction is made indirectly, whether as an employee or in any other capacity, within twelve months of the initial introduction, you agree to pay us an amount calculated in accordance with the fee schedule below.
If a candidate we introduce to you, is known to you through either your own recruitment process or has been introduced through another agency, we will accept your notification of this as a measure of goodwill.
Introductions are confidential. If anyone in your organisation introduce a candidate to any other division or any related or associated company or firm, or any other employer you will be liable to pay us a fee calculated in accordance with the fee schedule below, as if the candidate had been engaged by you.
Suitability of candidates
The recruitment decision rests with you. We do not accept liability for any loss, claim, fine, penalty, expense, damage or delay suffered by you arising in connection with a candidate irrespective of how it may be caused or arises. This includes any indirect or consequential loss or damage resulting from a breach of contract, tort (including negligence) fraud, and breach of statutory duty or otherwise howsoever caused or arising.
You will need to satisfy yourself as to the background, integrity, qualifications, suitability, and where relevant, medical condition of the candidate for the position and we do not make any representation to you in relation to any of those matters.
Dates quoted for supply are given in good faith and are approximate only. All warranties and representations whether express or implied by law, trade, custom or otherwise are to the extent permitted by law excluded.
This Agreement and the supply of the services will be governed and construed in accordance with the laws of the State or Territory in which this Agreement is entered into and the parties hereby agree to submit to the exclusive jurisdiction of a competent court in that State or Territory of Australia.
No express or implied waiver by us of any term of this Agreement will constitute a waiver unless in writing and signed.
This Agreement and any Synergy Placements invoice that is attached constitute the entire agreement for the supply of services and supersede all prior representations or statements.
Should you subsequently re-engage the candidate, or use the candidate, within the period of 12 calendar months from the date of termination a full fee in accordance with Fee for Service above becomes payable (with no entitlement to a refund).
If full payment is overdue by more than 30 days or any proceedings related to insolvency is taken or you make any arrangement or composition with creditors, then we may treat ourselves as being discharged from this agreement and (without prejudice to any other remedy) any fees will become immediately due and payable.
We will not be responsible for any delays caused by or in any way related to or arising out of any cause outside our reasonable control. Delays due to force majeure do not relieve you from the obligation to pay for services already provided.
You may not subcontract, assign or otherwise transfer this Agreement in whole or in part.
Fee Structure for introduction of permanent staff
The fee payable to us will be calculated at a percentage (%) of the candidate’s gross equivalent annualised remuneration package (plus GST) which will be taken to include base salary and all other benefits or allowances that constitute the base salary, including but not limited to superannuation, vehicle and parking allowance, commission and subsidised housing loans. The minimum fee, irrespective of the base salary, is $4,500. All fees quoted at ex GST.
Where a placement is part-time, the salary will be equated to the full-time equivalent and the fee shall be charged on that salary.
All fees are due and to be paid in full within 30 business days within commencement date of the candidate.
We reserve the right to charge a fee if work is undertaken by us on an assignment that is subsequently withdrawn or cancelled after a short-list of candidates has been presented to you.
Non Exclusive Fee
For non-exclusive business, our fee agreement is as follows:
13% (plus GST) of gross equivalent annualised remuneration package (Invoiced in full upon commencement of candidate).
Exclusive Business Fee
11% (plus GST) of gross equivalent annualised remuneration package (Invoiced in full upon commencement of candidate). Exclusive business meaning the job brief has only been presented to Synergy Placements. If a role has been presented to Synergy Placements on an exclusive basis and is subsequently passed to one or more other agencies, then the fees will revert to the non-exclusive rates.
If the client wishes, the fee can be charged in three equal payments; 13.5% % (plus GST) of gross equivalent annualised remuneration package split across 3 months. The first invoice is issued upon commencement of candidate employment and second and third invoices will be issued 30 days and 60 days after the commencement date.
Should the candidate finish prior to the fee being paid in full no more invoices will be issued.
The client agrees to honour all invoices issued while the candidate is still employed by the client. Please note there are no replacement guarantees or refunds if the client chooses to engage the services of Synergy Placements via the “Installment fee” model.
If a candidate you have recruited through us leaves your employment within 16 weeks of the date of commencement, we will endeavour to find a replacement free of charge. This replacement guarantee only applies when our fee has been paid in full within 30 days of invoice and we have been notified in writing within 7 days of the occurrence of a termination. This replacement guarantee is valid for a period up to 6 months from termination date and as the replacement guarantee relates to a specific job description, we reserve the right to negotiate our replacement terms should changes occur in the role originally recruited for. Where a replacement is recruited there will be no guarantee period applicable for such a placement.
If a candidate is terminated for poor performance within the 16 week guarantee period, a full refund will be payable to the client upon proof of poor performance.
Synergy will provide every 5th permanent placement to the client at no charge. This offer includes all positions that are provided within Synergy’s capabilities with the exception of executive, sales and management roles. If the 5th role is an executive, sales or management role, this role will be charged at the normal rate and the next placement will be offered at no charge.
There will be no replacement guarantees offered on a 5th placement where no fee was charged.
Synergy provides three (3) current reference checks as part of the recruitment process for every permanent placement.
Parties & nature of relationship
Synergy Placements Pty Ltd is a provider of recruitment and labour hire services only and not a provider of work services.
The hourly rate plus GST as set out in the Contract includes all allowances, worker’s compensation, payroll tax, and superannuation charges. You agree to pay any additional charges, such as travel and accommodation, or any other charges not specifically listed in the contract.
You agree to reimburse Synergy Placements for any fringe benefits tax that may be incurred as a result of you providing a non-cash gift to our contractor. You agree to sign or electronically approve the Contractor’s timesheet in a timely manner. Not signing or approving a Contractor’s timesheet does not remove your obligation to pay for the hours worked.
You agree to be invoiced weekly for all hours worked.
All invoices for work performed by Contractors are payable within 30 days of receipt.
You agree to notify us in advance if you require our Contractor to work overtime or outside of normal business hours. You accept that there may be an additional charge for any overtime work or work that is conducted outside of normal business hours.
Subsequent engagement of a contractor
If you engage a Contractor either during an assignment with your company or within 12 months following the termination of an engagement, a placement fee will apply. The placement fee will be calculated according to permanent placement fee structure as outlined in this document.
Supervision and responsibilities of Contractor
You are responsible for providing supervision and direction to the Contractor to ensure that the work performed meets your required standards and is delivered in a safe manner. All actions performed by the Contractor are your responsibility, as if the Contractor was employed directly by you.
Occupational health & safety
You are to provide all necessary OH&S training, site specific and work-specific induction required before any employee starts work.
You will inform us of any change in job description in order for us to reassess OH&S requirements of that individual.
Synergy reserves the right to remove a Contractor from a work environment that may be unsafe or where the Contractor has not received adequate training or has not been properly inducted.
If a Contractor does not meet your requirements, we will provide a replacement at no charge to you for the first four hours. The no-charge period may be extended with prior approval from Synergy Placements.
Duration of Terms
The terms agreed to, including any variations and signed by all parties are valid for a period of 12 months from the date signed. After 12 months a new agreement will need to be signed or terms and variations revert back to the standard Synergy Placements Terms of Business.
Signed on behalf of Synergy Placements:
Name of Signatory
Title of Signatory
Signed on behalf of Client:
Name of Signatory
Title of Signatory