Terms and conditions of business
Heart Recruitment Pty Ltd, trading as Heart Talent
Current as of January 2023.
These terms and conditions of business are deemed to be the basis of Heart Talent’s agreement with you (the Client) to supply or engage permanent or contract employees and will become effective upon engagement of Heart Talent’s services. An engagement letter is also provided alongside these terms, confirming the details of each specific engagement.
Confidentiality
All information provided by Heart Talent, both verbal and written, is to be treated as strictly private and confidential. It should not be disclosed to any other party directly or indirectly without the express written approval of Heart Talent.
Professional fee for service
Permanent appointments (Heart Exclusive)
For appointments up to $90k + super, the Client must pay Heart Talent 12% of the candidate’s first-year annual salary, including superannuation. In the case of part-time roles, the fee is calculated on the full-time equivalent (FTE) salary, including super.
For more senior appointments, the Client must pay Heart Talent 14% of the candidate’s first-year annual salary, including superannuation. In the case of part-time roles, the fee is calculated on the full-time equivalent (FTE) salary, including super.
For executive appointments above $150k + super, the fee may vary and will be discussed between the Client and Heart Talent.
Freelance or maximum-term contract placements
The Client must pay Heart Talent 18% of the candidate’s daily rate or pro rata salary, including superannuation, for the period of the freelance/contract engagement. Once a full 12 months’ service has been completed, no further fees apply.
Freelance/contract to permanent
If the Client subsequently employs a freelance candidate on a permanent basis, the Client must pay Heart Talent 14% of the candidate’s first-year annual salary, including superannuation.
International placements
For roles based outside of Australia, a special fee arrangement will be agreed upon.
Other
No charge whatsoever is made to the candidate in any circumstances.
Acceptance
By interviewing a candidate introduced by Heart Talent, the Client accepts these Terms and Conditions of Business and the fees quoted within.
Suitability
While every effort is made to ensure the suitability of the candidates introduced to the Client, we recommend that you satisfy yourself as to the candidate’s suitability for your employment.
Our objective is to provide accurate details about candidates based on the information they provide to us. While Heart Talent will make every effort to ensure the suitability of the candidates referred, we do not accept liability for any claim for loss, expense, damage or delay arising in connection with the candidate, irrespective of how it may be caused.
Heart Talent will complete two detailed reference checks for candidates offered a permanent or maximum-term contract position via the Heart Exclusive service offering, unless otherwise agreed with the Client.
Heart Talent does not conduct skills assessments, qualification verifications, medical assessments or criminal background checks. If required, these additional checks must be requested by the Client in writing at the commencement of the recruitment process. A separate quote for these services will be provided.
The final recruitment decision rests with the Client. It is the Client’s responsibility to satisfy themselves that the candidate meets any skill, qualification, background or medical requirements.
Replacement guarantee – applicable to the Heart Exclusive offering only
In the case of the candidate leaving their employment with the Client less than 90 days after their employment commenced (for reasons other than redundancy, restructure or any change in the original job specification provided), Heart Talent will conduct a new search and shortlisting process to find a suitable replacement (for the same position at the same salary).
If the Client requires Heart Talent to find a replacement for an altered role (including a higher salary), a full or partial fee will be payable for the subsequent recruitment process. This will be discussed with the Client and agreed in writing.
The following exclusions apply:
No replacements will be offered for accounts that are not settled within fourteen (14) days of the invoice date.
No replacement guarantee will be offered for candidates who were engaged as a freelancer/contractor prior to the permanent placement.
While Heart Talent will make all reasonable efforts to secure a suitable replacement candidate, if a replacement has not been agreed to within two (2) months of the original candidate’s departure, the guarantee is deemed to have been fulfilled and no further candidates will be presented.
Conditions applicable to freelance/contract placements only
Agreed payment
The Client undertakes to pay the freelancer/contractor the daily or hourly rate as agreed with Heart Talent at the commencement of the recruitment process.
Where the freelancer/contractor is paid a daily rate, the hours that comprise a standard working day will be discussed and agreed before the engagement commences. Reasonable additional hours may be worked as required and agreed between all parties.
Payment to candidate
Unless otherwise agreed, Heart Talent does not offer a payroll service. As such, the Client undertakes to pay the freelancer/contractor directly via either a PAYG employee arrangement or via an invoicing arrangement if the candidate is a sole trader with an ABN. If a candidate payroll service is required, this can be arranged at an additional cost.
Workplace responsibility
All freelancers/contractors provided are the Client’s responsibility from the time they arrive to undertake their duties and throughout their engagement with the Client. The Client will be responsible at all times for all acts, errors or omissions on the part of every freelancer/contractor, whether willful, negligent or otherwise.
Neither Heart Talent, nor anyone acting on our behalf, is liable for loss, expense or damage caused by any act or omission of freelancers/contractors.
The Client undertakes to provide a workplace induction, suitable workplace health and safety guidance and appropriate workplace supervision. The Client will comply with all statutes, bylaws and legal requirements affecting the freelancer/contractor.
Any workplace health and safety systems or obligations impacting direct employees of the Client must also be extended to Heart Talent freelancers/contractors.
When engaging a Heart Talent freelancer/contractor, the Client will indemnify Heart Talent against any costs, claims and liabilities incurred by us, arising from the placement, or any penalties incurred as a result of the Client’s negligence or statutory breach.
The Client must notify Heart Talent of any changes to the workplace or tasks to be performed by the freelancer/contractor as soon as reasonably practicable.
Invoicing and payment
Heart Talent’s fee structure is based on prompt payment. Payment terms are strictly fourteen (14) days from the invoice date.
Candidate availability
Heart Talent does not guarantee that a candidate is available to accept any engagement.
Other general conditions
Unless otherwise stated, all costs quoted are exclusive of GST.
If more than one candidate is appointed from a shortlist provided by Heart Talent, a $2,000 candidate referral fee will be payable for each separate candidate employed.
The Client agrees not to approach companies or individuals directly to seek information about candidates introduced by Heart Talent, through the referencing process or otherwise, without the express permission of Heart Talent or the candidate.
Any amendment or variation to these terms and conditions is not effective unless it is in writing.