The following terms and conditions shall apply between named divisions of Alexander Associates and the prospective employer (“The Client”) in respect of the engagement of any person introduced or presented by Alexander Associates.
1. Acceptance of terms and conditions
The introduction or presentation of candidate’s details or interviewing of a candidate or engagement of a candidate introduced or presented by us or the passing to any other person or organisation of personal information pertaining to a candidate introduced or presented 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 of a Director of Alexander Associates Pty Ltd.
2. Engagement of candidates
You must notify us immediately where a candidate who we have introduced or presented to your organisation accepts an engagement with you. Once you agree to engage a candidate introduced or presented by us for any position within your organisation, 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 fees schedule below.
A. The final decision to engage a candidate is the client’s alone and Alexander Associates makes no warranty as to the qualifications, capability, integrity and suitability of the candidate.
B. Alexander Associates, its servants or agents shall not be liable for any damage or loss sustained by the client if Alexander Associates is unable to locate any suitable candidate for employment or for any damage or loss (however caused) sustained by the client arising out of, or in connection with, the engagement of any person introduced by Alexander Associates.
3. Fee Structure
A. PERMANENT STAFF
Fees are only payable for candidates selected for employment. The following percentages apply on the total annual remuneration package:
Salary to $59,999
$60,000 to $74,999
$75,000 and above
B. ANNUAL REMUNERATION PACKAGE
The Annual Remuneration Package includes base salary, allowances, superannuation and benefits that represent cash in alternative forms in addition to 50% of variable package components including commissions, profit shares and monies or cash alternatives paid as a reward for sales performance.
C. CONTRACTING STAFF
Fees for contracting staff vary depending on their skills and expertise. Alexander Associates and the Client shall agree on a fee structure in writing before commencing a contract
placement. (Assignment letter appendix .1a)
4. ONWARD REFFERAL
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 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.
5. RE- ENGAGEMENT
Should the client subsequently re-engage a fixed term or temporary contractor candidate within the period of 12 calendar months from the date of termination of an original assignment, a placement fee will be applicable, and will be calculated as per the terms stipulated in the Fee for Service for Permanent/Fixed Term Recruitment
6. PERMANENT PLACEMENT GUARANTEE
In a situation where a candidate placed by Alexander Associates leaves the company within three months of commencing or fails to start their new role the candidate will be replaced free of charge.
No guarantee shall apply in cases where the employment is terminated as a result of redundancy, company restructuring, change of job description after commencement of employment or where a client has not paid the specified fee within the payment terms.
7. PAYMENT TERMS
Invoices are raised immediately upon a candidate’s acceptance of a job offer and signing of contract. All invoices are due payable within 30 days of the invoice date.
For contractors, our fees are invoiced weekly in arrears. All contractor fees are payable within 14 days of the invoice date.
Disputes regarding fees will only be considered when notification to us has occurred within 7 days of the invoice date. Overdue invoices will accrue interest calculated daily and compounded monthly at the cash rate of the RBA at the date of payment and the costs of recovery (including on a full indemnity basis and legal costs).
8. ACCEPTANCE OF TERMS
If the Client engages a candidate within twelve months of that candidate being introduced to it by Alexander Associates, the Client will be deemed to accept these terms and conditions unless a variation has been agreed in writing between the parties.
Any variations to these terms shall be valid only if approved by the Director of Alexander Associates and payment is received within the agreed payment period failing which the fee otherwise applicable and payable as per these Terms and Conditions shall be payable.
All candidate referrals are confidential and also contain personal information protected by the Privacy Act 1988 (Cth). Client will abide by the terms of the Privacy Act and shall not disclose a candidate referral to any person without the prior written consent of Alexander Associates. It shall be a condition of such consent that Client shall obtain a written undertaking from the recipient to maintain the confidentially of the referral and to use the candidate’s details only for the purpose of assessing the candidate’s suitability for the position to which he or she is referred.
The Client agrees to indemnify Alexander Associates in respect of any liability, loss or expense incurred by Alexander Associates arising out of or in connection with breach of an obligation under clause 10 above or for a breach of an obligation of confidentiality whether arising under the Privacy Act or otherwise.
11. THIS AGREEMENT
These Terms and Conditions and the rights and obligations arising from it and any issues or disputes arising out of or in connection with the subject matter of these Terms and Conditions shall be construed, interpreted, applied and enforced according to the laws for the time being of the State of NSW and Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and waive any objection to venue of any legal process.