Terms & Conditions

Recruitment Services Agreement

A. Definitions
B. Preamble
C. Engagement of Candidate
D. Credit Provisions
E. Other Provisions
F. Acceptance of these Terms and Conditions

A. Definitions

In these Terms and Conditions, and applying to all Globe 24-7 contracts, generally:

“Agreement” means an agreement for supply of goods and/or services by the Company to a Client which these Terms and Conditions form part.

“Candidate” means any person introduced to or engaged by the Client as presented by the Company.

“Client” means a person or entity which agrees for the Company to provide Services to and includes the Client’s related entities, agents and permitted assigns.

“Commencement Remuneration Package” means the normal full-time equivalent remuneration package of the individual at the date they commence work with the Client (inclusive of Superannuation or Pension, Site / Location allowances, vehicle allowances, sign-on bonuses and other guaranteed allowances or bonuses. The guranteed bonus is calculated at the average of the expected maximum annual bonus, as agreed between the parties).  In the case of individuals who are paid a lower package whilst under probationary arrangements (or similar), the Commencement Remuneration Package will be the package they receive once full registration or unconditional employment is approved. If an individual is promoted to a higher-level role or given a remuneration package increase within 3 months of commencement, the Company will be allowed to invoice an additional placement fee for the package amount over and above the original Commencement Remuneration Package.

“Company” means any of Globe 24-7 Pty Ltd or Globe 24-7 Inc or Globe 24-7 Ltd or Globe 24-7 Singapore PTE or Globe 24-7 Colombia S.A.S or Globe 24-7 Peru S.A.C or Globe24-7 do Brasil Ltda. who provides Services to a Client, as nominated in the Agreement.

“Confidential Information” means any and all information or materials supplied by a party to the other party under an Agreement (including the introduction of a Candidate to the Client) not now in the public domain and which can be considered to be confidential or proprietary by the Company or the Client.

“Placement Fee” means the amount to be invoiced calculated from the fees stated in the proposal based on the Candidate’s annual Commencement Remuneration Package.

“Services” means the provision of recruitment Services by the Company for a Client, including but not limited to advertising Services, Search and Selection Services, Permanent and Temporary Placement Services, Short Term or Labour Hire Services, Relocation, Orientation, Immigration, Visa and Permitting Assistance.

“Terms and Conditions” means the Company’s terms and conditions of trade as set out in this document as expressly modified by the Company in writing from time to time.

“Withholding Tax” means an amount that the Client sends to the federal, state or local tax authority as a payment, usually calculated as a percentage of the total invoice.

Words importing the singular number shall include the plural & vice versa.

B. Preamble

These Terms and Conditions are deemed incorporated into any contract between:

a) the Company and a Client for the supply of Services rendered to the Client by the Company;

b)  the Company and a Contractor, where applicable, for the supply by the Contractor to the Company of goods and / or Services in order to meet the Client’s requirements for Services.

Any additional or inconsistent terms and conditions do not replace or vary these Terms and Conditions unless expressly agreed to by the Company in writing.

C. Engagement of Candidate

1 Notification of appointment

The Client agrees to notify the Company immediately when an offer by the Client is accepted by a Candidate who was introduced by the Company to the Client. Once the Client agrees to engage a Candidate introduced by the Company for any position within the Client’s organisation, even if the introduction is made indirectly, whether as an employee or in any other capacity, within twelve months of the initial introduction, the Client agrees to pay an amount calculated in accordance with the Agreement.

2 Onward referral

Introductions are confidential. Should an introduction result in the engagement of a Candidate by any other division or any related or associated entity of the Client, or any other related employer, the Client will be liable to pay a fee calculated in accordance with the proposal, as if the Candidate had been engaged by the Client.

3 Suitability and status of Candidates

The Company will make every reasonable effort to ensure the suitability of Candidates, however the Company does not accept liability for any loss, expense, damage or delay arising in connection with a Candidate, irrespective of how they are caused. The Client must satisfy itself that any medical or other qualification has been met by the Candidate. The final recruitment decision rests with the Client. On acceptance of an offer made by the Client to a Candidate, the Client is required to provide adequate supervision and information to the Candidate to ensure the necessary standard of work required by the Client of the Candidate.

The Client acknowledges and agrees that the Candidates are not employed by the Company in any capacity and the Client is fully responsible for payment of all employment related payments and entitlements for a Candidate once the Candidate has accepted an offer of employment from the Client.

If in connection with the Services, the Company becomes liable for the payment of any:

• tax or deduction (including without limitation superannuation, GST, or income tax including any PAYG withholding or fringe benefits tax); and/or
• employment related payments and entitlements of a Candidate or any other individuals who were involved in the provision of the Services,

the Company may require the Client to pay to the Company the amount for which the Company is liable, and the Client agrees to indemnify the Company against all expenses, losses, damages, penalties and costs that the Company may sustain or incur as a result.

4 Candidate replacement guarantee

If a Candidate recruited through the Company leaves the Client’s employment within 90 calendar days from his or her start date, or another guarantee stipulated on the proposal, the Company will endeavour to find a replacement free of any placement fee. This replacement guarantee only applies if the payment terms of the corresponding invoice(s) have been complied with and paid in full, and the Company has been notified in writing within seven (7) days of the occurrence of a termination.  This replacement guarantee is only applicable if the termination is for reasons other than retrenchment, redundancy, change of job description or working conditions.

The Company reserves the right to negotiate our replacement terms should changes occur in the role originally recruited for. Where a replacement is recruited in relation to a role that has been changed, there will be no guarantee for such a placement.

Should the Client or any subsidiary or associated entity of the Client subsequently re-engage the Candidate, or the use of the Candidate, within the period of 12 calendar months from the date of termination, a full placement fee in accordance with this Agreement becomes payable to the Company (with no entitlement to a refund).

The guarantee relates only to the fee received by the Company and it does not extend to additional costs which remain the responsibility of the Client (travel, relocation etc).

5 Candidate representation

The term of the Company’s representation of any Candidate is 12 months from the date of resume submission and this Agreement survives during this period.

A candidate selected by Company cannot be considered “client´s referred candidate” in terms of reduction or exclusion of the payment of the fee if he or she hasn´t participated in an internal recruitment process at Client´s within 6 months.

D. Credit Provisions

1 Completion of work

The Company will, in agreement with the Client decide if the work carried out meets or matches the Client’s instructions and if the work is deemed completed. In all instances, and unless otherwise agreed by the Company in writing, a signed employment contract by a Candidate for the Client will be deemed satisfactory completion of the Company’s work for the purposes of the placement of that Candidate in a position.

2 Invoicing and charges

2.1 When each stage of the order or project has been deemed completed by the Company, the Company may issue an invoice to the Client for the work performed.

This shall be for the estimated or quoted amount. If no estimate or quote was made, an amount representing the Company’s charges for the work carried out will be invoiced to the Client, which is deemed to be payable in accordance with these Terms and Conditions.

2.2 Unless otherwise agreed in writing by the Company, all invoices will be expressed in US Dollars. Where required the Company may alternatively, at its sole discretion, agree at the Client’s request to issue any, or all invoices, in other currencies.

The calculation for conversion of currency from the Client’s currency will be made using the Typical Credit Card Rate conversion option on the Oanda Currency Website (www.oanda.com), using the date of invoice as the date for conversion.

The Company’s invoices are exclusive of any and all transaction fees and costs that may be incurred when making payment. An invoice is not fully paid unless the Company receives the full amount into its bank account.

2.3 Where a Client chooses to deduct Withholding Tax from the Company’s invoice and is located in a country which does not have a double-tax treaty with the country from which the Company invoices, the Company must be notified of the amount and/or calculation method prior to or at the point of entering an Agreement and / or accepting Services from the Company. The Company will add the cost of Withholding Tax to all invoices. For the avoidance of doubt, the Company quotes all prices in this Client Schedule exclusive of Withholding Tax.

2.4 In addition to the amount of the estimate or quote, the Company may charge the Client:

a) any legislated sales taxes or taxes payable for the supply of goods and / or services;
b) fees for any preliminary work performed or carried out for execution of the order or project;
c) fees for any additional work required to be done as a result of the Client changing any instructions;
d) a 10% Administration fee for any approved on-charged expenses incurred by the Company on behalf of the Client.

2.5 Unless otherwise agreed in writing between the Company and the Client, the Client must pay the Company’s invoices within 14 days of the invoice date. The Company may charge interest on any amount outstanding after 14 days at the rate of 2% of that outstanding amount per calendar month.

2.6 The Client must also pay any expenses incurred by the Company in the collection of any outstanding amounts owing by the Client to the Company including legal costs or charges from a debt collection agency.

E. Other Provisions

1 Confidential Information

Each of the parties to this Agreement will not directly or indirectly disclose, distribute or permit to be disclosed or distributed any Confidential Information. Confidential Information may be disclosed:

1. to professional advisors who have a need to access such Confidential Information, provided that they strictly comply with the confidentiality obligations under these Terms and Conditions;
2. with prior written consent of the disclosing party; or
3. where disclosure of Confidential Information is required by law.

2 No warranty; Indemnities

The Company makes no warranty as to the suitability of any Candidate employed or engaged by the Company. The Client is responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.

The Company is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from:

1. the introduction by the Company of Candidates; or
2. the failure of a Candidate to accept an offer of employment.

The Client indemnifies the Company in respect of all losses, liabilities, costs or claims arising from or in any way related to:

1. the acts or omissions of a Candidate, including the failure of a Candidate to perform his or her duties;
2. personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and
3. damage to any property arising from, or related to the performance by a Candidate, of his or her obligations.

3 Termination

In addition to any other rights of termination provided in this Agreement, the Company may terminate the Agreement upon the occurrence of any of the following events:

1. failure by the Client to perform any obligation of this Agreement where such failure is not rectified within 14 days of notice from the Company requesting rectification;
2. a receiver, a receiver and manager or an administrator of the Client or any of its assets, income or business is appointed or a mortgagee goes into possession thereof;
3. the Client fails to pay its debts as they fall due or threatens to cease to carry on business;
4. an event occurs outside the reasonable control of the Company which in the Company’s opinion makes it impracticable or impossible for it to fulfil its obligations under the Agreement.

The parties may otherwise terminate an Agreement by mutual consent in writing.

4 Force majeure

4.1 The Company will not be liable for any loss or damage suffered by the Client due to any delay, breach or default under the Agreement in circumstances where such delay, breach or default results from causes beyond the Company’s reasonable control, including but not limited to, any breach or default under the Agreement by the Client, compliance with any laws, regulations, orders, acts, instructions or priority requests of governments, fires, floods, earthquakes, strikes, breakdowns, embargos, wars, acts of terrorism, riots, theft, crime, or delay or inability to obtain labour, electricity, or other essential supplies from the Company’s usual sources.

4.2 Any delay resulting from any such cause will immediately extend the date for the performance by the Company of any obligation under the Agreement by the period of the delay, in which event the Client will take, if necessary, steps to secure payment for the Services.

5 Severance

It is agreed that if any provision of this Agreement should be determined to be void by any court of competent jurisdiction, then such determination will not affect any other provision thereof, and each such other provision will remain in full force and effect.

6 Notices

Any notice to be given to a party shall be in writing and shall be sent by post or e-mail to the address of that party as shown in the proposal or as subsequently notified by that party to the party giving the notice and shall be deemed to have been given:

1. if by email, on the day that the email was sent;
2. if by post, on the day that is two business days from the date of postage.

7 Governing Law

This Agreement will be governed by and construed in accordance with the laws in force from time to time in the Country, State, Province or Territory in which the Client’s order is placed and the parties agree to submit to the jurisdiction of the Courts of that Country, State, Province or Territory.

F. Acceptance of these Terms and Conditions

The instruction or agreement to commence works, or the signing of any proposal, agreement or schedule, or the interviewing or engagement of a Candidate, or the passing to any other person or organisation of personal information pertaining to a Candidate introduced to the Client by the Company, will be taken as acceptance by the Client of these Terms of Business and will be liable for the appropriate fee.

No variation can be made to these terms without the written consent of a Director of the Company.