CV2ME Pty Ltd - Terms of Service for introduction of permanent & fixed term staff

Parties & nature of relationship
CV2ME is a provider of recruitment services only. These Terms and Conditions are between CV2ME Pty Ltd ABN 47 607 186 587 ‘we/us/our’ and the Client Employer and their legal representatives, successors and/or assigns (‘you/your’) and specify the terms upon which we will provide services to you until new Terms and Conditions are notified to you in writing.

Acceptance of Terms & Conditions
The acceptance of candidate details or interviewing of a candidate or engagement of a candidate introduced by us, or the passing to any other person or organisation of personal information pertaining to a candidate introduced to you by us, will amount to your acceptance of the Terms and Conditions. No variation can be made to these terms without the written consent CV2ME Pty Ltd

Fee for service
The fee payable to us will be a fixed fee plus GST. We offer two different service packages, and the fees are as follows:
  1. Premium Package $1990.00 + GST
  2. VIP Package $2990.00 + GST
These fees are to be paid within 7 days of the invoice issued. If in the event you decide to cancel the recruitment for the position the following during the recruitment process the following fees will be charged:
  1. On acceptance and posting of position: Advertising fees plus 10% of the premium package fee
  2. After shortlisting: Advertising fees plus 30% of the premium package fee
  3. After interviewing any of the shortlisted candidates: Advertising fees plus 60% of the premium package fee
Additional costs
The premium package includes one listing on SEEK and the VIP package includes up to two listings on SEEK. Any additional adverting will be charged to the client at the cost price CV2ME is charged for that advertising.

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 12 months of the initial introduction, you agree to pay us an amount calculated in accordance with the fee schedule below. A candidate introduced indirectly includes anyone introduced by another candidate who had themselves been introduced by us in the previous 12 months.

Suitability of candidates
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 arise including for any indirect or consequential loss or damage resulting from a breach of contract, tort (including negligence) fraud, 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. The recruitment decision rests with you. You will fully indemnify and pay us on demand in respect of all liabilities, losses, claims, fines, penalties, expenses and damages (including but not limited to CV2ME’s own losses and any third party claims and any legal costs on a full indemnity basis) we suffer or incur arising out of or in connection with the supply of our recruitment services in the ordinary course of business under this Agreement, or any act or omission of any candidate.

Replacement guarantee
If a candidate you have recruited through us leaves your employment within 45 calendar days (Premium Package) or 90 calendar days (VIP package) of the date of commencement, we will endeavor to find a replacement free of charge (excluding additional advertising). This replacement guarantee only applies when our fee has been paid within 7 days of the date of invoice, and we have been notified in writing within 7 days of the occurrence of a termination, providing the termination is for reasons other than retrenchment, change of job description or working conditions. 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. For the avoidance of doubt there is no replacement guarantee on a fixed term placement.

Onward referral
Introductions are confidential. Should an introduction result in the engagement of a candidate, either as an employee or any other capacity, to any other division or any associated or related business 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.

Re-engagement
Should you, or any subsidiary, or associated business of yours 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 paragraph 5 above becomes payable (with no entitlement to a refund).

Termination
If full payment is overdue by more than 14 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.

Force majeure
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.

No warranty
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.

Intellectual property
You acknowledge that no intellectual property is conveyed or vests in you or any other person pursuant to this Agreement.

Governing law
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.

Waiver
No express or implied waiver by us of any term of this Agreement will constitute a waiver unless in writing and signed.

Entire agreement
This Agreement constitutes the entire agreement for the supply of services and supersede all prior representations or statements whether oral or written made by or on behalf of us. You acknowledge that, except as set out in this Agreement, you do not enter into this Agreement as a result of or in reliance on any promise, representation, advice, statement or information of any kind given or offered by us, whether in answer to any enquiry or not. The parties exclude all implied terms, if any provision of this Agreement is determined by a court to be invalid or void or voidable then the remaining provisions shall not be affected.

No assignment
You may not subcontract, assign or otherwise transfer this Agreement in whole or in part