Terms of Business for Permanent Recruitment 1. Scope of terms: These Terms of Business will apply to all permanent recruitment conducted by Astute People Solutions Astute and its related corporations, and may only be amended in writing by a Director of Astute. 2. Acceptance of terms: The acceptance of resumes or interviewing of a candidate will be deemed to be acceptance of these Terms of Business. 3. Entitlement to fees: Astute will be entitled to a fee, payable by the Client, where a Candidate is placed directly with the Client. A fee is also payable by the Client when, within a period of one year from the initial introduction, the Client appoints the Candidate, or introduces the Candidate to a third party who then appoints the Candidate, either on a permanent or temporary basis. 4. Advertising: Astute may advertise an assignment on behalf of the Client and at the Client s cost, at rates agreed at the time of booking. Where the Client cancels an advertisement, they will be liable for any costs associated with the cancellation. This includes the full cost of the advertisement where withdrawal is not possible due to media booking deadlines. 5. GST: All fees and charges quoted by Astute are exclusive of GST, which will be added to the company s Tax Invoice as appropriate. 6. References: It is the responsibility of the Client to take up references, although on request, Astute will undertake the task on behalf of the Client on terms agreed with the Client at the time. 7. No Warranty: Although Astute will conduct initial interviews and provide a short-list of candidates, Astute makes no warranty as to the suitability of any candidate to a particular position. It is the responsibility of the Client to ensure that a candidate is suitable to the position to which they are appointed. 8. Non-retained assignments: Astute s fees for permanent placements are calculated as a percentage of the Commencing Remuneration package of the successful candidate. 9. Retained assignments: Astute s fees are payable in three approximately equal installments. A non-refundable commencement fee is payable when retained, a non-refundable shortlist fee is payable on presentation of our shortlist, and a completion fee is payable on successful completion of the assignment. 10. Commencing Remuneration: The Commencing Remuneration will be the successful Candidate s total annual remuneration including cash remuneration, superannuation, guaranteed bonuses and commissions, and non-cash benefits that form an integral part of the remuneration package. 11. Costs: All reasonable and prior agreed costs incurred by each candidate in attending interviews will be payable by the Client. 12. Payment terms: Fees for non-retained recruitment are payable within fourteen days of the date of the invoice. Fees for retained recruitment are payable within 14-days of the invoice date. 13. Offers of employment: Astute may make a verbal offer of employment to a Candidate on instruction from the Client. 14. Replacement Guarantee: Astute offers a replacement Guarantee where a Astute candidate is engaged and subsequently resigns or is terminated within 3-months of commencement., as follows: a. Retained roles: If Astute are engaged by the Client to conduct a full, retained, selection assignment, being able to gain a full understanding of both the Client s role and the Candidate s suitability, Astute guarantee the appointment for 3-months from the date of commencement. The 3-month guarantee means that Astute will endeavour to find a replacement candidate for that position without charging any additional consulting fees. b. Non-retained roles: If Astute place a Candidate into a non-retained role and termination/resignation occurs within three months of commencement Astute will provide a replacement at 50% of the original cost. Both guarantees, in order to be effective, require that all fees have been paid within 14-days of date of invoice, as per Astute s trading terms. Any additional costs and other out-of-pocket expenses such as advertising are not included in this guarantee. Additionally, this guarantee is not effective where termination is the result of any organisational or structural changes in the Client s business, a change or anticipated change in job specification or location, the Client s failure to fulfil its actual or implied legal obligations to the Candidate (including without prejudice, the obligation of fairness), or the Candidate subsequently being engaged by a subsidiary or associated company of the Client. The replacement guarantee applies only to the role affected and cannot be transferred to another role or to a role that is altered from the original brief. To be valid, a Guarantee claim must be made in writing to Astute within ten working days of the candidate s termination/resignation. 15. Our Fees: Our scale of fees based on gross annual Commencing Remuneration are: Under $50,000 15% $50,001 to $100,000 18% $100,001 to $150,000 21% $150,001 and over 25% 16. GST: The fees and rates quoted in this document or otherwise, and the fees that are agreed with you do not include GST. 17. Occupational Health & Safety and Equal Opportunity: The client agrees they are responsible for ensuring any workplace environment including ensuring any plant or equipment used is safe. Without limiting the generality of this obligation the Client agrees that they shall establish safe work procedures, communicate safe work procedures to the Candidate, comply with safety standards, comply with all health or safety legislation or regulations, and provide a harassment free workplace in accordance with the relevant legislation. The Client further agrees the Candidate will only be requested to perform work or use equipment that they are familiar with, are qualified to use, or that they have been adequately trained on. The client agrees that any employee will not be requested to engage in any work or use any equipment that they are unqualified or unfamiliar with. Further Information: For further information that covers these terms of business please call your nearest Astute office on 1300 794 070 or visit www.astutepeople.com.au/legal-notices.