TERMS & CONDITIONS
INK IT SOLUTIONS TERMS OF BUSINESS
DEFINITIONS
- Assignment : The task of finding a suitable Candidate for a Client.
- Candidate : Person who has given permission to INK IT to forward their details in order to be considered for engagement or employment by the Client, either directly or through a management company, and who may (or may not) accept employment or an engagement with the Client.
- Client/Host Employer : Organisation or person who has received referrals for engagement or employment services from INK IT.
- Contractor : A Candidate engaged or employed by the Client in any capacity.
- Exclusive Assignment : INK IT is the only organisation recruiting for the particular role, any person employed in the role shall be deemed to have been a INK IT Candidate.
- Hourly Rate Contractor : A Candidate engaged by the Client, for whom the Client pays INK IT an hourly rate.
- Daily Rate Contractor : A Candidate engaged by the Client, for whom the Client pays INK IT a daily rate.
- Non-Ongoing Contractor : A Candidate engaged or employed by the Client, for whom the Client pays a placement fee in relation to the period of engagement or employment.
- Permanent Placement : A Candidate engaged or employed by the Client, for whom the Client pays a placement fee for a full twelve months as this is an on-going role.
- Salary Package : The full-time annual salary for the position being filled including superannuation and other entitlements, if applicable. Where the incentives included in the Salary Package are greater than 20% of the total package, then they will be included (valued as if they were 100% achieved).
ACCEPTANCE OF THESE TERMS OF BUSINESS
These Terms of Business will be deemed accepted by the Client by;
- Signing this document; and/or
- Electronic acceptance of these terms; and/or
- Accepting the CV or profile of a Candidate who has been introduced to the Client by INK IT; and/or
- Interviewing a Candidate introduced by INK IT at any time in the 12 months prior to engagement of that Candidate;
- Engaging or employing a Candidate introduced by INK IT at any time in the 12 months following the introduction.
VARIATION
These Terms of Business may not be varied unless by mutual agreement confirmed in writing by INK IT.
PERMANENT (ONGOING) PLACEMENTS
FEES FOR PERMANENT PLACEMENTS
The Client shall pay the placement fee calculated in accordance with these Terms of Business. Placement fees for a permanent role are calculated as a percentage of the successful Candidate’s Salary Package as set out in the table below. Where a fixed fee is agreed for an Exclusive Assignment, this amount shall be the placement fee and will be confirmed in writing by INK IT
PAYMENT FOR PERMANENT PLACEMENTS
Payment terms are strictly 30 days from date of invoice. The Replacement Guarantee is only valid if all invoices are paid in full within 30 days of the date of invoice. Where payment of an invoice is late, INK IT reserves the right to withhold services and to charge a late payment fee.
REPLACEMENT GUARANTEE FOR PERMANENT PLACEMENTS
INK IT will endeavour to find a replacement candidate at no additional recruitment fee should a Candidate leave their employment within 3 months of commencement where:
- The Client causes the successful Candidate to leave their employment due to the Candidate’s lack of performance (measured against the original agreed job description); or
- The Candidate chooses to leave their employment for any reason except where the work they are required to perform is not substantially the same as the original agreed job description, or through any illegal or unreasonable behaviour of the Client.
This Replacement Guarantee is subject to INK IT having the replacement Assignment as an Exclusive Assignment for not less than 8 weeks.
Any specific on-costs (such as advertising, Candidate testing etc.) agreed with the Client and incurred by INK IT in the replacement will be on-charged to the Client.
Only one Replacement Guarantee applies for each permanent placement, i.e. there is no Replacement Guarantee on a replacement Candidate.
Should INK IT be unsuccessful in replacing the Candidate after 8 weeks, then the placement fee will be available to the Client as a credit for six months, so long as the Client has not been unreasonable in filling the role. Such a credit may be applied toward future placement(s) of permanent or Non-Ongoing Contractor roles.
CONTRACTOR PLACEMENTS FEES FOR CONTRACTOR PLACEMENTS
Fees for Hourly and Daily Rate Contractors
The fees for Hourly/Daily Rate Contractor placements are calculated as:Hourly/Daily Rate Contractor placement fee = Number of hours worked x agreed hourly rate or Number of days worked x agreed daily rate
Overtime or weekend work will only be undertaken where there is an explicit agreement between the Client and INK IT to do so. In all cases the agreed rate for the Contractor will be multiplied by the relevant award loading for overtime, weekend work etc. Allowances payable will be on-charged to the Client as applicable.
The Client shall pay the Hourly/Daily Rate Contractor fee calculated in accordance with these Terms of Business if a Contractor who is referred by INK IT is engaged or employed by the Client or any organisation to which the Client has referred the Contractor.
The hours worked by the Contractor are to be documented on timesheets that will be periodically (usually fortnightly) presented to the Client for approval. The signature of the Client’s representative on the timesheet indicates the Client’s agreement with the validity and accuracy of the information on the timesheet.
The Client shall either approve (if the Contractor has been available to work where required by the Client for the hours shown on the timesheet) or reject (for documented valid reasons) timesheets and return them within 24 hours of presentation to the Client. Any timesheet that is not approved or rejected within 24 hours may be deemed approved, at the discretion of INK IT
Where the on-costs related to the Contractor increase due to legislative, industrial, insurance premium increases or similar reasons or the Contractor is paid more due to increased duties or responsibilities, INK IT reserves the right to increase the charge rate to the Client by a proportionate hourly amount.
Should an Hourly/Daily Rate Contractor transfer to becoming a Non-Ongoing Contractor the same method used for calculating non-ongoing contract placement fees shall be used to calculate a new fee amount. This fee will be capped at twelve months (52 weeks) from the initial commencement date of the Contractor with the Client.
Invoicing for Hourly/Daily Rate Contractor Placements
Fees for the services provided by Hourly/Daily Rate will be invoiced monthly. Invoices will include fees for all approved hours and where the Contractor works under an award, the Contractor’s entitlements (such as overtime rates and meal allowances).
Fees for Non-Ongoing Contractors
The fee for Non-Ongoing Contractor placements is calculated as follows:
Non–Ongoing Placement Fee = Salary Package x Permanent Placement Fee Percentage x (weeks of engagement ÷ 52 weeks)
The fees for Non-Ongoing Contractor placements are capped at an engagement period of 52 weeks
Invoicing for Non-Ongoing Contractor Placements
The placement fees for Non-Ongoing Contractors will be invoiced following formal acceptance of the position by the Candidate, unless otherwise agreed. Invoices will be issued based on the above method of calculation on agreement for each contract extension up to a composite period of 12 months from commencement. Candidates who leave before completing 12 months service and return to the Client will continue to be subject to placement fees.
Payment for Contractor Placements
Payment terms are strictly 30 days from date of invoice. The Replacement Guarantee for Hourly rate/Non-Ongoing Contractor placements is only valid if all invoices are paid in full within 30 days of the date of invoice. Where payment of an invoice is late, INK IT reserves the right to charge a late fee.
REPLACEMENT GUARANTEE FOR CONTRACTOR PLACEMENTS
Hourly Rate Contractor : Should the Contractor leave for any reason, INK IT will endeavour to replace the Contractor. The replacement Contractor may be charged to the Client at a different rate if the replacement Contractor is paid at different rate to the original Contractor.
Non-Ongoing Contractor : The terms of the Replacement Guarantee for a non-ongoing role are as per the Replacement Guarantee for a permanent role, including the right to have the task as an Exclusive Assignment for not less than 8 weeks. The Replacement Guarantee amount will be calculated for the period of time remaining in the contract. Where the Candidate is replaced, this amount will be applied as a credit to the contract for the replacement Candidate. Where the Candidate is not replaced, this amount will be applied as a credit to the Client account as per the Replacement Guarantee for a permanent role.
WORK PLACE HEALTH AND SAFETY (WH&S) FOR AN HOURLY/DAILY RATE CONTRACTOR
The Client must provide a safe working environment, a safe system of work and safe equipment for the Contractor at all times. It is the sole responsibility of the Client to provide the Contractor with any induction, training, information, equipment or supervision required to ensure the Contractor is able to carry out their work in a safe and healthy manner. The Client is responsible for ensuring the Contractor is aware of and complies with the WHS Act and the Client’s own policies and procedures.
CLIENT AS AN EMPLOYER/HOST EMPLOYER OF AN HOURLY/DAILY RATE CONTRACTOR
Where the Client has employed a Contractor or is acting as a Host Employer by engaging a Contractor through INK IT, the Client must:
- Abide by all relevant industrial awards or agreements and legislation including the Work Health and Safety Act 2011 (ACT), the Discrimination Act 1991 (ACT), the Privacy Act 1988 (Cth), taxation laws, and any other relevant policies, regulations, legislation or practices
- Maintain all required insurances including workers compensation, public liability, professional indemnity insurance and cyber insurance
- Appropriately supervise, direct and monitor the Contractor(s)
- Pay a minimum of three hours for any one work attendance (other than sickness or like of Contractor)
- Advise INK IT within three working days of any material change in the duties, conditions or working location of the Contractor(s)
- Allow access to the workplace to INK IT with reasonable notice for the purposes of WH&S review and INK IT employee maintenance
DIRECT EMPLOYMENT/ENGAGEMENT BY THE CLIENT FOLLOWING INTRODUCTION OF A CANDIDATE TO THE CLIENT
If the Client or any organisation affiliated with the Client or whom the Client has referred the Candidate to, employs or engages the Candidate in any capacity within a period of 12 months from the last day of the INK IT Recruitment Assignment, then
a. If the Candidate is employed as a staff member a permanent placement fee will be paid by the Client at the current INK IT Terms of Business.
b. If the Candidate is employed on a contract basis the appropriate contractor placement fee shall be paid by the Client as per the current INK IT Terms of Business.
This includes situations where a Candidate is employed within a large Client, such as a large Government Department, where the Candidate is, result of the INK IT introduction, employed in other Divisions/Branches. The Client will ensure they notify INK IT of the engagement of any Candidate who is engaged within 12 months of being introduced by INK IT to the Client.
DIRECT EMPLOYMENT / ENGAGEMENT OF CONTRACTORS BY THE CLIENT (RELEASE FEES)
If the Client employs or retains the services of a Contractor outside of operation of this Agreement in any capacity whatsoever, or refers the Contractor to any third party for employment during an assignment or within twelve months of the cessation of an assignment, the Client agrees to:
a. Notify INK IT; and
b. Pay INK IT a release fee within 7 days of the date that INK IT becomes aware of the placement.
In the event that the salary cannot be accurately established, the fee will be 150 times the hourly rate at which the Contractor was last supplied to the Client by INK IT.
REPLACEMENT GUARANTEE FOR PERMANENT PLACEMENTS
INK IT will endeavour to find a replacement candidate at no additional recruitment fee should a Candidate leave their employment within 3 months of commencement where:
- The Client causes the successful Candidate to leave their employment due to the Candidate’s lack of performance (measured against the original agreed job description); or
- The Candidate chooses to leave their employment for any reason except where the work they are required to perform is not substantially the same as the original agreed job description, or through any illegal or unreasonable behaviour of the Client.
This Replacement Guarantee is subject to INK IT having the replacement Assignment as an Exclusive Assignment for not less than 8 weeks.
Any specific on-costs (such as advertising, Candidate testing etc.) agreed with the Client and incurred by INK IT in the replacement will be on-charged to the Client.
Only one Replacement Guarantee applies for each permanent placement, i.e. there is no Replacement Guarantee on a replacement Candidate.
Should INK IT be unsuccessful in replacing the Candidate after 8 weeks, then the placement fee will be available to the Client as a credit for six months, so long as the Client has not been unreasonable in filling the role. Such a credit may be applied toward future placement(s) of permanent or Non-Ongoing Contractor roles.
CANCELLATION BY BREACH
If the Client does not abide by these Terms of Business INK IT reserves the right to, among other things, terminate the agreement immediately and withdraw any Candidate placed with the Client without notice or penalty.
PRIVACY AND CONFIDENTIALITY
INK IT support the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). All information provided to the Client regarding Candidates has been approved by the Candidate for the sole purpose of determining the suitability of the Candidate for employment or engagement by the Client. The Client will keep this information confidential and will not use or retain the information for any purpose other than that stated above. The Client indemnifies INK IT from any loss or damage as a result of a breach or claimed breach by the Client of any privacy obligations.
INK IT agree to keep confidential any information provided by the Client which is marked as confidential and which INK IT did not already possess and is not available in the public domain.
The Client explicitly agrees to conduct reference checks on the Candidate only after receiving approval from INK IT.
LIABILITY AND INDEMNITY
INK IT will use their best endeavours to refer suitable candidates to the Client based on the information provided by the Client and the Candidate.
INK IT do not make any warranty or guarantee regarding the accuracy of the information supplied in relation to Candidates or the suitability of the Candidates.
The decision to employ a Candidate is solely made by the Client. INK IT is not liable for any loss, damage or expense suffered by the Client that has arisen or arises from any act, omission or misconduct of a Candidate or that is incurred as a result of INK IT’s failure to perform or provide the services of the Assignment.
By accepting these Terms of Business, the Client agrees to indemnify INK IT in respect of all loss and damage of INK IT caused by acts or omissions of the Client or Candidate or incurred in connection with the Assignment and/or the Candidate’s engagement.
By accepting these Terms of Business, the Client also agrees to indemnify INK IT in respect of any liability to the Client and/or any third party for loss and damage, including for personal injury, caused by acts or omissions of the Client or Candidate or incurred in connection with the Assignment or the Candidate’s engagement.
It is the responsibility of the Client to ensure adequate insurance coverage in connection with the Candidate including workers compensation insurance, public liability insurance and professional indemnity insurance..
TERMINATION OF ASSIGNMENT
A Client may terminate an Assignment by giving 3 business days notice in writing. If a Client terminates an Assignment
- Privacy and Confidentiality obligations continue to apply to both the Client and INK IT
- Where significant work has been performed in good faith by INK IT, and the Client withdraws the role through no fault of INK IT, INK IT reserves the right to charge an administration fee up to $1,500 plus GST
- Unpaid invoices are still payable, and invoices may be raised for all milestones that have been achieved
- In the case of an Exclusive Assignment INK IT may invoice for the proportion of work completed to the next invoicing milestone
- Employment of referred Candidates within 12 months of referral from the period of submission will still incur the appropriate placement fee
GOODS AND SERVICES TAX
If Goods and Services Tax (GST) is payable on any of the services provided under these Terms of Business it will be added at the current rate to all invoices in addition to the calculated fee
CURRENCY
All relevant fees and charges prescribed by and payable to INK IT are based upon Australian Dollars (AUD).
INVOICE PAYMENTS VIA CREDIT CARD
All payments processed via a Credit Card will attract a processing charge of 2%.
DEBT RECOVERY
The Client agrees that any payment due and owing to INK IT in accordance with these Terms of Business, including any amounts devised with
reference to clause 6, Direct Employment/Engagement by the Client, are recoverable by INK IT as a liquidated debt.
APPLICABLE LAW
The law applicable to these Terms of Business is the law of Victoria, Australia.
