Jade Search – Medical Terms of Business
Engagement
This outlines the Terms of Business (“Terms”) between Jade Recruitment Group Pty Limited, ABN 66 116 839 322 (trading as Jade Search) (“Jade Search/we/us/our”) and yourself as our Client (“Client/you/your”), when you accept our services.
Jade Search provides recruitment services relating to the employment of staff (Permanent Recruitment), fixed term contractors (Fixed Term Recruitment) and Contracting recruitment (Contracting Recruitment).
The following Terms will apply to candidate(s) presented by Jade Search to you.
You will be regarded as having agreed to these Terms of Business if you:
(a) sign these Terms; or
(b) give us written or verbal instructions to supply candidate(s); or
(c) interview a candidate introduced by Jade Search; or
(d) employ or otherwise engage a candidate introduced by Jade Search; or
(e) refer a candidate introduced to you by Jade Search to a third party who then employs or otherwise engages the candidate
1.Permanent Recruitment
You agree to notify us immediately in writing if a candidate introduced by us accepts an offer of permanent employment.
1.1 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. Contracting or Interim Recruitment Arrangements
2.1 Mutual Obligations
Any candidate supplied by Jade Search to you under a Contracting or Interim Recruitment arrangement is an employee of Jade Search. Jade Search is responsible for all Employee Entitlements.
You as the Client are responsible for ensuring that your workplace meets all the statutory health and safety legislation guidelines (as outlined in the Work Health and Safety Act 2011 and Work Health and Safety Legislation 2017) while the candidate is working on your premises, or at any other premises relating to your business.
The Client must ensure that all Federal and State equal opportunity legislation, and all aspects of the Fair Work Act 2009 requirements are met in their workplace.
The Client agrees not to vary the assignment or request that the candidate performs work outside of the original job specification unless consent has been gained in writing by Jade Search.
The Client is responsible for all aspects of supervision and management of the candidate throughout the duration of the assignment. The Client takes full responsibility for supervising the candidate to achieve the work objectives required.
3. Fees and Payment
You agree to pay Jade Search fees relating to Permanent Recruitment (Permanent Recruitment Fee) in accordance with these Terms.
GP Flat Fee Schedule. For General Practitioners fees are calculated as follows:
One day a week - $7900 plus GST
Two days a week - $12900 plus GST
Three days a week - $17900 plus GST
Four days a week - $22900 Plus GST
Five days a week - $27900 Plus GST
For roles outside of General Practitioners the Permanent Recruitment Fee is payable and calculated based on a percentage of the candidate’s annual renumeration package, inclusive of superannuation. Any allowances, guaranteed bonuses and/or commissions, plus non-cash benefits, or shares will form a part of the remuneration package. Should a car be provided, it will be valued at the cashed-out equivalent.
Permanent Recruitment Fee Schedule (Other than GP placements) Fees are calculated as follows:
Remuneration packages to $70,000 per annum: 15%
Remuneration packages from $70,001 to $140,000 per annum: 17%
Remuneration packages to $140,001 to $200,000 per annum: 19%
Remuneration packages to $200,000 to $250,000 per annum: 21%
Remuneration packages above $250,001 per annum: 22%
Permanent Fee is payable when Jade Search is engaged on an exclusive/retained or contingent basis.
Exclusive/retained basis: This is defined by a Client briefing Jade Search exclusively on a vacancy. The Client agrees they will not accept introductions of candidates from any other source.
For exclusive/retained assignment services the Client will pay Jade Search in three stages comprising of - a 30% Retainer Fee payable within 7 days of the position briefing, a further 30% payment is due when Jade Search presents the candidate short list, and the balance is due when the successful candidate commences in the role. All payments are due within seven days of the invoice issue date.
Contingent basis: If our engagement by you is non-exclusive, our fees are payable as outlined above in the Permanent Recruitment Fee Schedule. The Client acknowledges that a Permanent Recruitment Fee is Payable, and our invoice will be issued to you on the day that the candidate commences employment.
Please Note: 50% of the Fee will be invoiced and payable upon the successful candidate signing the employment contract. The remaining 50% will be payable upon the day that the candidate commences employment with the Client. All invoices are to be paid in full within 14 days.
All fees quoted by Jade Search are payable as outlined by this Terms of Business. In addition, GST will be added to each invoice at the current rate and is payable by the Client.
All Contracting Recruitment fees will be invoiced by Jade Search for the time or period that the candidate works at the mutually agreed margin.
Jade Search’s contracting fees include an allowance for statutory charges, such as superannuation, payroll tax and workers compensation. These charges will be in addition to the agreed margin.
Jade Search may vary our fees to allow for changes in conditions of any federal or state awards, workplace agreements, industrial agreements, and individual employment agreements and or other charges Jade Search is required to make by law. These will include any applicable penalty rates.
3.1 Payment Terms
50% of the Permanent Recruitment fee will be invoiced and payable upon the successful candidate signing the employment contract. The remaining 50% will be payable upon the day that the candidate commences employment with the Client. All invoices are fully payable within fourteen (14) days.
Contracting or Interim Recruitment Arrangement fees are invoiced when we have made payment to the candidate for the time or period worked. The invoice will be fully payable by the Client within seven (7) days of the date of invoice.
When a candidate commences on a Contracting or Interim Recruitment basis and the Client decides to employ the candidate on a permanent basis, the full permanent placement fee as set out in clause 3, and in accordance to the Permanent Recruitment Fee Schedule, applies.
4. General Provisions
4.1 Replacement guarantee
The replacement guarantee period is twelve weeks from the candidate’s commencement. Jade Search will use all reasonable endeavours to find a replacement candidate
The replacement guarantee is only applicable if the Client:
1. has paid the original invoice in accordance with this Terms of Business; and
2. has requested to replace the candidate within a week of candidate’s termination; and
3. has exclusively given Jade Search the right to replace the role
4. has ensured the original job specification remains unchanged; and
The replacement guarantee does not apply:
1. if the job specification has changed, or it the Client’s business operations or workplace has changed; or
2. if the Client engaged the candidate through Jade Search in a Contracting or Interim Recruitment capacity in accordance with our Contracting or Interim Recruitment guidelines prior to accepting a Permanent position; or
3. if the Client wishes to transfer the replacement guarantee to any other placement or service provided by Jade Search; or
4. to any Contracting or Interim Recruitment assignments.
4.2 Timesheets
Timesheets will be presented by the candidate each week for Client approval. By signing or approving the timesheets the Client confirms that the work has been completed satisfactorily by the candidate.
4.3 Termination
Should a Client wish to terminate a Contracting or Interim Recruitment assignment they agree to give Jase Search fourteen days’ notice in writing prior.
Jade Search may immediately terminate a Contracting or Interim Recruitment assignment without notice if the Client is in any way in breach of this Terms of Business.
When the Contracting or Interim Recruitment assignment is terminated by the Client for any reason, the Client is fully liable to pay Jade Search the fee for all the hours worked by the candidate. This includes notice periods also known as gardening leave and must be paid within seven (7) days of the invoice.
4.4 No Warranties and Indemnities
(a) although we will conduct interviews and submit details of candidates, we believe are appropriate to the job specification the Client provided, we make no warranty as to the suitability of any candidate to a particular position. You are responsible for ensuring the candidate is suitable to the position to which they are appointed.
(b) notwithstanding any other provision of these Terms, we are not liable for any loss suffered by you the Client arising from the introduction of any candidate, any delays in the recruitment process, any errors, omissions or inaccuracies in the information provided to us by third parties, including (but not limited to) information as to a candidate’s qualifications and experience and information contained in a candidate’s reference, the failure of a candidate to accept an offer of employment, the failure of a candidate to perform their obligations under your employment or control, or any actions or omissions of a candidate. Jade Search has no liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or on any other legal or equitable basis) to you for loss of use, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss. Otherwise, our maximum aggregate liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or on any other legal or equitable basis) to you is limited to the fees paid to us by you.
4.5 Candidate Ownership
(a) if you choose to interview a candidate presented by us to you or on-refer such candidate to a third-party then you acknowledge that the candidate has been introduced by Jade Search and is subject to these Terms, and that any previous interactions, communications or employment relationships have no bearing on our introduction or the fees payable according to these Terms.
(b) if you interview a candidate and then within the following twelve (12) months:
(i) employ that candidate in permanent work, then the terms relating to Permanent Recruitment as indicated at Clause 3 will apply. These include (but are not limited to) the fees payable for Permanent Recruitment services,
(ii) engage that candidate on a contract, then the terms and fees relating to Fixed Term Recruitment or Contracting Recruitment as indicated herein will apply.
(c) a fee (at our standard rates current at the time) will also be payable by you if you refer a candidate introduced by us to another party who subsequently employs or otherwise engages that candidate.
(d) our entitlement to a fee will continue for a period of twelve (12) months from the date we introduced the candidate to you, or the date the candidate completed an assignment with you, whichever is the later.
(e) this clause 4.5 applies when a candidate introduced by us to you introduces another candidate ("Referred Candidate") to you and that introduction results in permanent employment or contractual engagement of the Referred Candidate. You must pay in full the appropriate fee in accordance with these Terms in relation to each such engagement of any Referred Candidate.
4.6 Severability
Should any provision contained in these Terms of Business be declared or determined by any court to be illegal, invalid, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of these Terms of Business shall not be impaired or affected thereby.
4.7 Governing Law
This Terms of Business is governed by the laws of the State of New South Wales. Both the Client and Jade Search irrevocably submits to the jurisdiction of the courts of New South Wales, Australia
4.8 Confidentiality & Privacy
All introductions made by Jade Search are confidential, and the Client agrees that no information will be disclosed to any other party without the candidate’s written consent.
The Client agrees to comply with all aspects of the Privacy Act (Cth) 1988.
4.9 Default Interest
Should the Client not pay an amount payable under the Term of Business on the due date the Client agrees to pay Jade Search interest on the unpaid amount at the interest rate of 10% per annum.
4.10 Variation
This Terms of Business may not be amended unless agreed in writing and signed by the Parties.