The agreement we ask employers to sign before we introduce a candidate. Provided for information. The binding terms are those in the signed copy for your business.
Between JOBLINKD, ABN 80 241 124 181, and the employer. Fee, introduction period and guarantee period are stated in the signed copy.
JOBLINKD identifies people who are ready for particular roles and introduces them to employers. This agreement sets out the fee payable when an introduction results in an engagement, and the terms attaching to it.
We introduce candidates we reasonably consider suitable for roles you have described. Each introduction is made only where the candidate has consented to their details being disclosed to you for that role.
You must use information about a candidate only to assess and engage that candidate, must not forward it to anyone else without our written consent, and must handle it in accordance with the Privacy Act 1988 (Cth).
JOBLINKD does not employ candidates, does not supply labour, and is not a party to any contract between you and a candidate.
The fee is payable where a candidate is engaged by you, or a related body corporate, at any time within the introduction period following an introduction. Engagement means any capacity, including employee, contractor, labour hire, casual, fixed term or part time.
The fee is payable where our introduction was a cause of the engagement. Where a candidate we introduced is engaged within the introduction period and you had not identified them independently beforehand, the introduction is presumed to have been a cause. You can rebut that with records showing otherwise.
Where you engage someone without telling us, we may invoice on becoming aware of it, provided we do so within twelve months of the start date.
Overdue amounts carry interest at two percent above the Reserve Bank cash rate.
The fee falls due on the first day the candidate performs work. We issue a tax invoice and payment is due within fourteen days. Amounts are exclusive of GST.
You will tell us within five business days if you engage a candidate, including the start date and the position.
You will not charge a candidate any fee in connection with an introduction or an engagement.
You warrant that each role is a genuine vacancy, that you will comply with the Fair Work Act 2009 (Cth) and any applicable modern award or enterprise agreement, and that the terms offered are no less than the minimum lawful entitlements for the work.
You will not discriminate against a candidate on the basis of a protected attribute under the Anti-Discrimination Act 1991 (Qld) or the Fair Work Act 2009 (Cth).
If a candidate's engagement ends within the guarantee period because they resign or are terminated for performance or conduct, we will introduce replacement candidates for the same role at no further fee.
The guarantee does not apply where the fee has not been paid, where the role, hours, location or remuneration materially changed after the start date, where the engagement ended for redundancy or restructure, or where you failed to meet your obligations to the candidate.
The guarantee is a replacement service. If we cannot introduce a suitable replacement within sixty days, you may take a refund of the fee instead, reduced in proportion to the time the candidate worked.
Each party keeps records sufficient to verify introductions and engagements for three years. On reasonable notice, and not more than twice in any twelve months, we may ask you to confirm in writing whether any introduced candidate has been engaged.
Either party may terminate on fourteen days written notice. Termination does not affect any fee payable for an introduction made before termination, including where the engagement begins afterwards but within the introduction period.
Neither party excludes any liability that cannot lawfully be excluded, including under the Australian Consumer Law. Subject to that, each party's aggregate liability to the other is limited to the fees paid or payable in the twelve months before the claim arose.
You are responsible for your own recruitment decisions, including all checks, references, qualifications, work rights and any screening required by law for the role. We give no warranty as to a candidate's suitability, conduct or performance.
Neither party is liable for indirect or consequential loss.
A party must notify the other in writing of a dispute and the parties must attempt to resolve it in good faith within thirty days. If unresolved, either party may refer the dispute to mediation in Brisbane before commencing proceedings.
This agreement is governed by the laws of Queensland. Neither party may assign without the other's written consent. Nothing here creates a partnership, joint venture, agency or employment relationship. If a term is found to be void or unenforceable it is severed and the rest continues.
Each party maintains the insurances a reasonable business in its position would hold, and provides a certificate of currency on request.
The binding agreement is the copy signed by both parties. A copy is available on request.
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