Standard Terms of Business
These Terms of Business relate to the provision of services by The Safe Step to the Client whether at the premises of The Safe Step, the Client or Client’s designated premises, and apply to every assignment between The Safe Step and the Client.
1 DEFINITIONS
1.1 These Terms of Business are between The Safe Step (“we/us/our”) and the Client (“you/your”) and specify the terms upon which we will provide services to you unless new Terms of Business are issued to you in writing.
1.2 “Candidate” or “Contractor” refers to any person selected and introduced by The Safe Step to you for any engagement.
1.3 “Assignment” or “Contract” refers to the allocation of a specific task(s) as undertaken by the Contractor for a specific period of time.
1.4 “Fixed Term Contract” refers to a placement of Contract staff for a certain period of time.
1.5 “Pay As You Go Contract” or “Timesheet Contract” refers to a placement of Contract staff for a flexible period of time.
1.6 “Fixed annual remuneration package” or “annual package” includes base salary plus employer superannuation contributions (including compulsory contributions), inducement payments and non-salary benefits such as provision of a motor vehicle. A car included in the package will be assessed at $20,000. The value of all other non-salary benefits will be taken into account and agreed between The Safe Step and the client.
2 Acceptance of Terms of Business
2.1 The signing of either our Proposal, Confirmation Letter or Contract Master Agreement will be taken as acceptance of and agreement to these Terms of Business.
2.2 The following actions will also be taken as acceptance of our Terms of Business:
i Interviewing a Candidate who has been introduced to you by us within the past 12-months; or
ii Engaging or employing a Candidate (either on a permanent or temporary basis) who was introduced to you by us within the past 12-months; or
iii Sharing personal information pertaining to a Candidate or Contractor introduced to you by us within the past 12-months, to any other person or organisation.
3 Variations to Terms of Business
3.1 Any variation made to these Terms of Business must be approved by a Director, Managing Director or Chief Executive Officer of The Safe Step and agreed by both parties (us and you) in writing.
4 Permanent Assignments
4.1 Our retained recruitment service is charged at 18% of the candidate’s fixed annual remuneration package + GST.
4.2 The placement fee for a permanent assignment is payable as follows:
i One-third of the total estimated fee upon acceptance of the assignment (denoted by a signed proposal/confirmation letter);
ii One-third of the total estimated fee upon presentation of an accepted shortlisted Candidates; and
iii The remaining balance is payable upon successful completion of the assignment, which occurs as soon as an offer has been made and accepted by the successful Candidate and a start-date has been agreed;
4.3 The Client must pay for all work performed by The Safe Step until completed or if the Client terminates the assignment.
4.4 Where a Candidate is placed in a permanent role on a part-time basis the placement fee will be based upon a total annual remuneration equal to a minimum of 80% of the full time fixed annual remuneration package regardless of the actual number of days agreed to be worked per week.
5 Timesheet Contract Assignments
5.1 A Pay As You Go Contract (Timesheet Contract) is engaged on an hourly or daily rate, agreed prior to commencement.
5.2 The Pay As You Go Contractor (Timesheet Contractor) who will perform the assignment for you will be employed by us and paid via our payroll system. The specific terms and conditions that govern this arrangement will be provided to you and the Contractor in a separate Contract Master Agreement prior to commencement. For more information regarding our Contract Master Agreement please visit: thesafestep.com.au/contract-master-agreement
5.3 The Client must pay the fee to The Safe Step according to the number of hours or days worked by a The Pay As You Go Contractor (Timesheet Contractor). Invoices are produced weekly, based on the actual hours or days worked by the Contractor as evidenced by an authorised timesheet. These hours/days exclude unpaid meal breaks. The Contractor will be paid on terms to be negotiated prior to the commencement of an assignment.
5.4 In the event a The Pay As You Go Contractor (Timesheet Contractor) is transferred to your employment and onto your payroll as a result of accepting a permanent position then the buy-out fee owing will be 18% of the fixed annual remuneration + GST.
5.5 In the event a The Pay As You Go Contractor (Timesheet Contractor) is transferred to your employment and onto your payroll as a result
of accepting a fixed term contract then the
buy-out fee owing will be 18% of the fixed annual remuneration + GST, pro-rated for the duration of the contract. There is a minimum fee of $5,000 + GST for the initial buy-out.
5.6 The fee is based on standard working hours/days only. All payments to The Pay As You Go Contractor (Timesheet Contractor) will be subject to PAYG withholding unless otherwise agreed in advance in accordance with The Safe Step policies and ATO guidelines.
6 Fixed Term Contract Assignments
6.1 A Fixed Term Contractor is employed and pay-rolled by your company and is entitled to benefits from the standard terms and conditions that your company offers your other employees unless stated otherwise (i.e.: pro-rata leave entitlements).
6.2 Fixed term contracts are charged at 18% of annual remuneration + GST pro-rated for the duration of the contract period. A fee will be negotiated and confirmed in writing prior to commencement of each assignment or specific project. A minimum fee of $5,000 applies to each initial fixed-term contract placement.
6.3 Each time a fixed term contract is extended, an additional fee is calculated at 18% of annual renumeration, pro-rated for the duration of the extension period (to a maximum total contract duration of 12 months). There is no minimum fee associated with the extension of an existing contractor.
6.4 In the event that a Fixed Term Contractor is offered and accepts a permanent position with you, then a buy-out final fee will be due and calculated at 18% of the fixed annual remuneration offered for the permanent position less any fee(s) already paid to us for this contractor period.
7 Executive Search
7.1 Our Executive Search service is charged at 25% of the candidate’s fixed annual remuneration package + GST.
7.2 The placement fee for an Executive Search assignment is payable as follows:
i One-third of the total estimated fee upon acceptance of the assignment (denoted by a signed proposal/confirmation letter);
ii One-third of the total estimated fee upon presentation of an accepted shortlisted Candidates; and
iii The remaining balance is payable upon successful completion of the assignment, which occurs as soon as an offer has been made and accepted by the successful Candidate and a start-date has been agreed;
7.3 The Client must pay for all work performed by The Safe Step until completed or if the Client terminates the assignment.
7.4 Where an Executive Search Candidate is placed in a Permanent role on a part-time basis the placement fee will be based upon a total annual remuneration equal to a minimum of 80% of the full time fixed annual remuneration package regardless of the actual number of days agreed to be worked per week.
8 Interim Executive Search Assignments
8.1 A Fixed Term Executive Contractor is employed and pay-rolled by your company and entitled to benefits from the standard terms and conditions that your company offers your other employees unless stated otherwise (i.e.: pro-rata leave entitlements).
8.2 Interim Executive contracts are charged at 25% of annual remuneration + GST pro-rated for the duration of the contract period. A fee will be negotiated and confirmed in writing prior to commencement of each Contract Assignment or specific project. A minimum fee of $7,500 applies to each initial fixed-term contract placement.
8.3 Each time a fixed term Interim Executive contract is extended, an additional fee is calculated at 25% of annual renumeration, pro-rated for the duration of the contract extension period (to a maximum total contract duration of 12 months). There is no minimum fee associated with the extension of an existing contractor.
8.4 In the event that an Interim Executive is offered and accepts a permanent position with you, then a buy-out final fee will be due and calculated at 25% of the fixed annual remuneration offered for the permanent position less any fee(s) already paid to us for this contractor period.
9 Unbundled Recruitment Services
9.1 Fees are detailed in our Unbundled Recruitment Services Pricelist and are dependent upon individual requirements.
9.2 The total fees are payable at the designated times, irrespective of whether it results in the successful employment of a candidate.
10 Consulting Services
10.1 Fees for our Consulting Services depend on the complexity and duration of your individual requirements. The specific fees, terms and conditions that govern this arrangement will be provided and agreed with you in writing prior to commencement.
11 Payment Terms
11.1 Fees for all Permanent Placements, Fixed Term Contract Assignments, Unbundled Recruitment Services, Executive Search, Fixed Term Interim Executive Search and Consulting Services are strictly payable within fourteen (14) days from date of invoice.
11.2 Fees for Timesheet Contract Assignment are strictly payable within seven (7) days from the date of invoice.
12 Cancellation Policy
12.1 Where you, the Client, cancel a retained search or selection assignment more than 21 days after giving us approval to proceed and/or you hire a Candidate into a role that was the subject of a retained search or retained selection assignment that we were managing on your behalf, you agree to pay a fee equal to one third of the estimated fee for that assignment as a cancellation fee.
12.2 This fee is in addition to any other fees due or paid for the retained search or retained selection assignment.
13 Expenses
13.1 Additional expenses incurred during the course of an assignment will be charged at cost after gaining approval from the Client. This may include print and internet advertising, travel, psychometric assessment and probity checking.
14 Replacement Guarantee - Permanent Placements
14.1 Our Replacement Guarantee provides a period of time to ensure that the role and person fit has been accurately assessed.
14.2 We guarantee:
i Permanent placements for a period of three (3) months from the date of commencement.
ii Executive Search permanent placements for a period of six (6) months from the date of commencement.
iii Fixed Term Contract assignments lasting a set term of 1-year or more only, for a period of three (3) months from the date of commencement. No replacement guarantee is offered for Fixed Term Contract assignments lasting less than 1-year.
14.3 If for some reason, the appointed Candidate or employing party is not satisfied, and The Safe Step is notified within the guaranteed period, we will endeavour to find a (one off) replacement Candidate (one only), provided all invoices relating to the assignment have been paid within agreed payment terms, and the request to replace is given exclusively to The Safe Step for a period of at least 2 weeks.
14.4 Where the total annual remuneration package of the second Candidate differs by more than +/- 10% from the first, a credit or additional charge will be due.
14.5 This replacement guarantee is not applicable in situations of retrenchment, restructure, closure of business, company takeover, significant change in Candidate responsibilities or other company-initiated circumstances.
14.6 Under no circumstances will a refund be agreed.
15 Suitability of Candidates
15.1 Whilst we endeavour to select Candidates who are suitable for your needs, we cannot accept liability on behalf of ourselves, our servants or agents for any loss or damage, or other costs irrespective of how they are caused, which you may suffer or for which you may become liable arising out of, or in connection with the introduction of the Candidate and subsequent employment with your organisation. The final decision rests with you.
16 Referrals
16.1 The Safe Step will endeavour to provide accurate details on Candidates in terms of their qualifications and experience, which we record. These details are provided on the understanding that the Candidate has supplied the information, and The Safe Step holds no responsibility for any errors, omissions, or incorrect conclusions.
16.2 It is you, the Client, who will make the final decision and should therefore satisfy yourself as to their capability, integrity and suitability, including qualifications to undertake the role and that all documentation presented is accurate. We can assist you with any specific checking of any aspect of a Candidate’s claimed background if requested.
16.3 You should immediately notify The Safe Step if any Candidate introduced to your organisation by us is offered employment with your company (or a related entity).
16.4 By employing an introduced Candidate from The Safe Step within 12-months of receipt of a shortlist profile, or a first interview, you agree to pay the appropriate placement fee in accordance with these Terms of Business.
16.5 You will also be liable for a fee should you pass details of a Candidate introduced to you by us to a third party company who subsequently hire that Candidate.
17 Privacy & Confidentiality
17.1 The privacy of all persons in the workplace is considered to be of utmost importance to The Safe Step. We take care to handle your information responsibly in accordance with the Privacy Act 1988 and the Australian Privacy Principles. For more information regarding our Privacy Policy please visit: thesafestep.com.au/privacy-policy
17.2 All steps are taken to guarantee Client confidentiality and we expect our business partners to maintain similar levels of confidentiality. Therefore all personal information, which we provide to your organisation, is provided on a strictly confidential basis and may not be disclosed to a third party without our consent. Your organisation agrees to comply with the Privacy Laws and the Australian Privacy Principles and not to use such information except to the extent necessary to assess the suitability of a Candidate for permanent or contract employment.
17.3 Candidates, as a condition of their acceptance of an assignment, agree not to disclose or divulge any information deemed confidential by you and your Company without your prior agreement.