1     General

The whole of the Agreement between People4U Pty Ltd ABN 40 651 575 307 and/or any related bodies corporate, including any trading through separate trading names ("People4U"), and the Client Employer (“Client”) are those set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Client which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. These terms supersede any previous terms or agreements provided.

2     Acceptance of Terms

The acceptance of candidate details or interviewing of the candidate or engagement of the candidate introduced by People4U or passing to any third party of personal information pertaining to a candidate introduced to the Client by People4U will constitute the Client’s acceptance of these terms, even if they have not signed or endorsed these terms and returned a copy to People4U.

3     Engagement of Candidate

The Client will immediately notify People4U where a candidate that People4U has introduced to the Client accepts an engagement with the Client. Once the Client agrees to engage a candidate introduced by People4U for any position within the organisation, even if the introduction is made indirectly, whether as an employee or any other capacity, within twelve months of the initial introduction, the client agrees to pay People4U an amount calculated in accordance with the fee schedule set out below.

4     Onward Referral

Introductions made are confidential, and you may not disclose to any other party any information relating to the introduction, the candidate or their subsequent employment without our express written consent. Should an introduction result in the engagement of a candidate, either as an employee or any other capacity, to any other division or any related or associated company or firm, or any other employer or third party where the candidate has been introduced by the Client, the Client will be liable to pay People4U a fee calculated in accordance with the fee schedule set out below as if the candidate has been engaged by the Client.

5     Fee for Service

5.1     The fee payable to People4U will be calculated as a flat fee, (plus GST). This fee is unchanged if the candidate is employed on a contract or temporary basis for a period of less than twelve months.

5.4    The fee relating to Permanent Recruitment (Perm Fee) in accordance with these Terms, unless otherwise specified in a relevant Engagement Letter. The Fee payable is as follows.

5.5     If a People4U employee is employed by a client, the fees will be charged in accordance with the fee schedule set out above.

5.6     The fees will be paid at a time specified in any invoice issued by People4U to the Client. If no invoices are issued or time is stated, the placement fee will be payable within seven (7) days.

5.7     Time is of the essence in relation to payment, and if payment is not made in accordance with the terms, then People4U will not continue with the engagement until it is paid.

5.8     The Client is in addition liable for reasonable expenses, including contingent expenses such as debt collection commission and legal costs on a full indemnity basis incurred by People4U for enforcement of obligations and recovery of monies due from the Client to People4U.

6     Suitability of Candidates

While People4U makes every reasonable effort to ensure the suitability of candidates, People4U does not accept liability for any loss, expense, damage or delay arising in connection with a candidate, irrespective of how they are caused and for any direct or consequential loss or damage resulting from a breach of contract, tort or otherwise howsoever arising. The Client will need to satisfy itself as to whether the integrity, qualifications, suitability and the relevant medical condition for the position concerned has been met by the candidate. The final recruitment decision rests with the Client and the Client will indemnify People4U and hold harmless against all liability, loss, claims, fines, penalties and damage (including but not limited to People4U’s own loss and any third party claims and any legal costs on a full indemnity basis) arising out of or in connection with this agreement or any act or omission of any candidate. Reference checking will only carried out at the Client’s request and delivered as per instructions.

7     Your Employee

Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia or New Zealand for:

(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and
(b) All of the obligations of an employer, including but not limited to obligations contained under the Fair Work Act 2009 (Cth) or relevant state Industrial legislation in Australia and the Employment Relations Act 2000 in New Zealand (Employer Obligations), in relation to that candidate.

7     Amendment of Terms

No amendment to these terms is accepted unless same is recorded in writing by People4U and signed by both People4U and the Client. Any amendment, including any reduced fee agreement or exclusivity agreement, shall not otherwise affect any portion of the terms not so amended, and if any amendment is not recorded in writing and signed, then these terms shall apply.

7.1     If an amendment of terms is signed, payment must be received by People4U in accordance with these terms. If payment is not received, then any amendment that requires a reduced fee shall become null and void, and People4U will be entitled to the full placement fee calculated in accordance with the fee schedule set out above.

8     Force Majeure

People4U shall be released from its obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the parties renders provision of the Services impossible, where all money due to People4U shall be paid immediately and, unless prohibited by law, People4U may elect to terminate the Agreement.

9   Failure to Act

People4U's failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or People4U's failure to exercise any right or remedy available under these Terms or at law, or People4U's failure to insist upon timely payment of monies when due or to demand payment of any charges or fees which accrue or any extension of creditor forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver of People4U's right to demand timely payment of future obligations or strict compliance with the Terms.

10   Legal Construction

10.1   These Terms shall be governed by and interpreted according to the laws of Queensland and People4U and the Client consent and submit to the jurisdiction of the Courts of Queensland.

10.2   Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.