Expert Resources Terms and Conditions

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Terms and Conditions of Business

EXPERT RESOURCES PTY LTD SERVICE

Expert Resources Pty Ltd has a service delivery methodology designed to achieve maximum advantage for the Client by introducing expert Candidates to fulfill the human resourcing needs of the Client’s engagement, business projects and permanent assignments as specified by the Client at the time of engaging the services of Expert Resources. Expert Resources provides a qualification and introduction service, identifying Candidates who have the skills, professional attributes and personal qualities to meet the Client’s written requirements.

Expert Resources pty Ltd is not acting as a labour hirer. Expert Resources sources, screens and introduces the Candidate, aids the Client in negotiating an employment contract with the Candidate and facilitates the Candidate’s employment directly with the Client as temporary or permanent employees or contractors.

Subject always to the Client providing accurate specifications and relevant information for the human resource needs of the Client, Expert Resources endeavours to provide accurate details on the qualifications and experience of the Candidate(s) submitted. However, Expert Resources accepts no responsibility for omissions, errors or conclusions based on incorrect information provided by the Candidate. All information on a Candidate supplied by Expert Resources is provided on a strictly confidential basis and may not be disclosed to any third party without the prior written consent of Expert Resources.

The Client agrees that Expert Resources Pty Ltd, its employees or agents, are not liable for any loss or damage or other costs, irrespective of how they are caused, which the Client may suffer or for which it may become liable, arising out of or in connection with the introduction of the Candidate to the Client, or the Candidate’s subsequent employment with the Client.

Expert Resources is not a party to any contract entered into between the Candidate and the Client.

ACCEPTANCE OF TERMS AND CONDITIONS OF BUSINESS

The Client agrees to be bound by these Terms and Conditions of Business with Expert Resources Pty Ltd when they :

accept a Candidate’s resume; or
interview a Candidate; or
engage a Candidate on a contract assignment; or
offer employment to a Candidate.

No modifications to these Terms and Conditions of Business are valid unless confirmed in writing by a Partner of Expert Resources.

CONDITIONS COMMON TO ALL BUSINESS ACTIVITIES

The Client is required to immediately notify Expert Resources Pty Ltd if the Candidate introduced to the Client by Expert Resources is offered employment with the Client.

The Client must not discuss the Fee for Service, or any aspect of the Fee for Service negotiations with any Candidate, be they Temporary, Fixed Term or Permanent employment Candidates.

The Client must keep strictly confidential the details of the Candidate provided by Expert Resources and must not disclose such details to any third party.

In the event that the Client passes on or makes available to a third party, confidential information of a Candidate, who is introduced to the Client by Expert Resources and the third party engages that Candidate other than through Expert Resources, the Client agrees to pay to Expert Resources a fee on these terms and conditions as if the Client had hired the Candidate directly from Expert Resources.

Expert Resources fees are exclusive of any locally applicable taxes, for example, GST or Withholding Tax. Any applicable taxes are payable by the Client in addition to the Fee for Service.

Contingency Fee Basis - Our Standard Fee for Service Basis

Our normal mode of business is to charge a Fee for Service contingent upon successful placement of the Candidate with the Client. On the Contingency Fee Basis, in the event that the Candidate placement is successful, our Fee for Service is payable, if however, the Client chooses not to proceed with the Placement, no Fee for Service is payable.

Supporting this Contingency Fee Basis, the Client agrees to grant to Expert Resources Pty Ltd a six-month term of exclusivity to represent the Candidate introduced to the Client. This applies across all Client entities irrespective of geography and for any and all positions offered and accepted by the Candidate with the client even when the position accepted differs from that for which the Candidate was initially introduced. If the Client enters into an agreement to hire a Candidate :

as a temporary employee; or
on a fixed term contract; or,
as a permanent placement,

within a period of six months of Expert Resources Pty Ltd first introducing that Candidate to the Client, the Client agrees to pay to Expert Resources within 14 days of the Candidate commencing employment with the Client (unless otherwise agreed in writing with Expert Resources), a Fee for Service equivalent to between 18% and 25%* (eighteen and twenty-five percent*) of the Total Compensation Package of the Candidate for :

the entire term of the employee’s temporary employment; or
the entire term of the fixed term contract; or,
the first year of the Candidate’s employment where they are a permanent placement.

Alternative Fee Bases

Depending on past Client history or a specific request for our services, we reserve the right to negotiate to charge a Fee for Service on a basis other than Contingency. The Fee for Service will be charged on a basis agreed with the Client prior to Candidates being submitted by Expert Resources for consideration by the Client. The Fee for Service rate is negotiable and based on level of service provided and business volume.

Retained Services Fee : The Fee For Service for Permanent Placements may be invoiced in two parts. One third of the Fee for Service based on the annual remuneration package is invoiced and payable upon notification by the Client (verbally or in writing) to proceed with the assignment. The balance of the Fee for Service is invoiced and payable upon successful completion of the assignment.

Shortlist Fee : Where a shortlist of Candidates has been presented to the Client, Candidates have been interviewed and a suitable person identified by the Client, however the Placement is not completed a Shortlist Fee may be charged to the Client. The Shortlist Fee is 15% of the Total Compensation Package for the position.

FEE FOR SERVICE FOR TEMPORARY OR FIXED TERM EMPLOYEE PLACEMENTS

If the Client enters into an agreement to hire a Candidate :

as a temporary employee; or
on a fixed term contract; or,
as a permanent placement,

the entire term of the employee’s temporary employment; or
the entire term of the fixed term contract; or,
the first year of the Candidate’s employment where they are a permanent placement.

For example: where the fee rate has been agreed at 20%, if the Candidate is employed for 6 months, the Fee for Service will be 20% of the Total Compensation Package paid to the Candidate for the entire 6 months. Similarly, if the Candidate is employed for 12 months, the Fee for Service will be 20% of the Total Compensation Package paid the Candidate for the entire 12 months.

If the Client extends the period of employment of a contract of a temporary or fixed term employee beyond the first fixed term contract, the Client agrees to pay an additional Fee for Service equivalent to between 18% and 25%* (eighteen and twenty-five percent*) of the Total Compensation Package of the Candidate for the entire extended period of employment. This Fee for Service will also be payable where additional extensions to the contract period are made.

FEE FOR SERVICE FOR PERMANENT PLACEMENTS

Expert Resources Pty Ltd Candidates are very special people, and it is not uncommon for our Clients to wish to employ them on a permanent basis. Should the individual Candidate agree to join the Client on a permanent employment arrangement, the Client agrees to pay to Expert Resources a Fee for Service equivalent to 20% to 25%* (twenty to twenty five percent) (Permanent Placement Fee) of the Total Compensation Package offered and accepted by the Candidate. This Permanent Placement Fee is payable in addition to any other fee paid or payable by the Client for that same Candidate.

PREMIUM SERVICE

Expert Resources Pty Ltd is committed to providing high value and innovative services and solutions to our Clients. To this end, Expert Resources has developed a series of tailored “Premium Service” offerings. These include assistance in structuring a new practice area and assisting with recruiting support activities to staff it with a suitable range of expertise and skill levels. Also, for senior and executive-level positions, we understand the advantage of visual and audio proof of candidate suitability.

Our Premium Service also includes candidate interviews, digitally video recorded, edited and delivered to you on Video CD or DVD. This is especially useful for internationally sourced candidates where multiple authorities are involved in the hiring decision.

Expert Resources Premium Service offerings are priced on an individual service delivery basis which is agreed at the commencement of being engaged to assist our Clients. The typical fee is between 20% and 25%* (twenty and twenty-five percent*) of the Total Compensation Package of the Candidate for the entire term of the Candidate’s temporary employment or fixed term contract. For Permanent Placements the fee is 25%* (Permanent Placement Fee) of the Total Compensation Package offered and accepted by the Candidate. Where more than one Candidate is being sought concurrently, an agreed fee rate will be negotiated.

* fee rate is negotiable and based on business volume and services provided.

EXPENSES

If it is agreed between Expert Resources Pty Ltd and the Client that display advertising is required the Client agrees to pay for the required display advertising organised on the Client’s behalf by Expert Resources.

Other out of pocket expenses such as accommodation, meals, travel, phone or video conferencing, incurred by Expert Resources, in relation to Agreed Services provided to the Client, will be billed at cost, directly to the Client.

EARLY TERMINATION

In the event of an Assignment being terminated by the Client within 6 months of the Candidate’s commencement of employment with the Client, for reasons associated with unsatisfactory performance or inappropriate conduct, or where the Candidate resigns from the position within 6 months of commencement for whatever reason, Expert Resources reserves the right, as a first recourse, to submit a suitable alternative Candidate for consideration.

In the event that a suitable alternative Candidate cannot be identified and made available within a reasonable time, Expert Resources may, at its sole discretion, chose to pay a pro rata refund to the Client for the period of the Assignment not worked. Under these circumstances, Expert Resources may reimburse the Client based on the following schedule:

Termination within 0 to 3 months of commencement of employment - 50% of total Fee for Service already paid;
Termination within 4 to 6 months of commencement of employment - 25% of total Fee for Service already paid;
Termination beyond 6 months of commencement of employment - no refund of Fee for Service.

The refund will not apply if the Candidate is terminated due to closure of business, business downturn, takeover or other similar circumstances.

Any refund will only be applicable to fees paid and received within the agreed payment terms (i.e.: within 14 days of the Candidate commencing employment with the Client). Expert Resources will pay any agreed refund to the Client within 30 days of the date of termination of the agreement between the Candidate and Client.

DURING THE ASSIGNMENT

During the Assignment, Expert Resources pty Ltd will maintain regular contact with both the Client and Candidate. We will endeavour to conduct quarterly Candidate performance evaluations for the purpose of identifying opportunities for improvement, ensuring Client expectations are being met and enabling open lines of communication between all parties.

The Client and Expert Resources Pty Ltd agree to keep each other mutually informed of all relevant discussions relating to the utilisation of the Candidate for the duration of the Assignment.

As part of our agreement (and these Terms and Conditions), the Client and Candidate must not enter into any direct employment arrangement for a period of twelve months after the Assignment ceases, unless otherwise agreed in writing by Expert Resources.

INDEMNITY

The Client agrees to indemnify Expert Resources Pty Ltd on a full indemnity basis against any and all claims brought by or on behalf of any Candidate arising directly or indirectly from any actions or omissions of the Client including (but not limited to) misleading representations, termination of the assignment, any injury or loss suffered by a Candidate in connection with an Assignment and any harassment or discrimination of a Candidate while on Assignment. Expert Resources is not liable for any loss, damage, costs or expense incurred by the Client or claims against the Client in relation to the Client’s confidential information, or intellectual property rights or moral rights in such materials. It is the responsibility of the Client to ensure appropriate agreements are signed between the Client and Candidate to protect the Client’s confidential information and intellectual property.

AFTER THE ASSIGNMENT PERIOD

Expert Resources Pty Ltd retains the right to re-direct the Candidate to another client’s engagement or project once the Assignment is complete. This will apply where the Client has no further requirement for the Candidate beyond the initial Assignment term.

INVOICES AND PAYMENT

For successful placements where our fee has been negotiated on a Contingency basis, an invoice is presented when the Candidate commences the Assignment and is calculated as described elsewhere in this document.

For Retained Search and Candidate Shortlist services - partial placement work, an invoice is presented at each stage of the service delivery and is calculated as described elsewhere in this document.

Due to the international nature of our business, all Expert Resources fees are invoiced in US dollars, unless otherwise negotiated and agreed. Payment is accepted by either direct bank account deposit or international telegraphic transfer to the bank account detailed at the bottom of the invoice.

PAYMENT TERMS

Our payment terms are 14 calendar days from the invoice date for partial placement work or the 14 calendar days from the date of commencement of employment of the Candidate where a firm placement has been achieved.

In the event payment is not received within 30 calendar days of the invoice date Expert Resources reserves the right to charge the Client interest at 10% per annum on outstanding fees. We also reserve the right to charge to the Client any collection agency costs incurred to recover outstanding fees.

DEFINITIONS

‘Client’ refers to the Client of Expert Resources Pty Ltd, that is, the organization and any related business entities in receipt of the Candidate introduction and service from Expert Resources.

‘Candidate’ refers to the person introduced to the Client by Expert Resources Pty Ltd and who is potentially to be employed by the Client on either a temporary or permanent basis.

‘Assignment’ refers to the individual contract term and arrangements under which the Candidate accepts to be employed by the Client. This Assignment has an agreed start date and may have an end date.

‘Fee for Service’ refers to the fees payable by the Client to Expert Resources Pty Ltd for any and all introduction, recruiting, placement and related services delivered by Expert Resources associated with identifying and securing the services of Candidate to conduct the Assignment at the Client.

‘Total Compensation Package’ includes base remuneration, superannuation and all other benefits. If the annual compensation package includes a commission, bonus or at-risk component, the agreed components of the compensation on which to charge the Fee for Service will be negotiated prior to undertaking the assignment. The typical commission or bonus component of compensation included in the fee calculations is the bonus associated with “on par” performance by the Candidate.

Terms and conditions version 3.2.1

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