marvinHR – Fee Terms

You (the “Client”) have sought to engage marvinHR Pty Ltd (ABN 99 646 473 878) (“marvinHR”) to provide you with recruitment services. These are the terms and conditions (referred to as “this Agreement”) upon which marvinHR agrees to be engaged by you and override any previous agreements between you and marvinHR to the extent of any inconsistency.You agree to these terms by signing and returning this document or instructing us to proceed with the engagement or by paying Fees.

• CANDIDATES
  You have elected to recruit a candidate from our list of available candidates for a position or positions in your organisation, whether permanent or temporary (“Positions”).
  marvinHR recommends that when you interview candidates, you satisfy yourself with the candidate’s qualifications, capability, integrity, and suitability.marvinHR will supply you with the information about the candidate’s education, qualifications, training, and experience that the candidate supplies to marvin. While marvinHR will make reasonable efforts to ensure the reliability and accuracy of the information provided by the candidate, marvinHR accepts no responsibility for the reliability or accuracy of that information.

• EXAMINATIONS AND CHECKS
  marvinHR will arrange for candidates to undergo medical examinations, police clearance, or other checks requested by you. You will bear any costs incurred.

• OUR FEES
  Affordable Fees:
  – $20,000 including a three-month replacement – (for Gross Salaries* up to $120,000 then 20%).
  Our fees (all exclusive of GST) which is payable within 7 days of invoice on placement or when you agree to engage the Candidate either by written or verbal notification to marvinHR or by an offer of employment to the Candidate directly. Where additional costs are incurred, marvinHR will advise you of those costs, payable within 7 days of invoice. Where fees are a percentage of Gross Salary, *Gross Salary is inclusive of superannuation, allowances, loans and other benefits (motor vehicles valued at a minimum of $15,000).
• REPLACEMENT POLICY
  – Replacement does not apply where where the placement is terminated by you without cause or because of redundancy or if you do not notify us within five working days of termination or if payment of our invoice is not received in seven days.
  – Where Replacement applies (once per role only) we undertake to use reasonable efforts to introduce you to another candidate meeting your requirements for the original role.

• CONFIDENTIALITY
  Any information provided to you by marvinHR or which you acquire as a result, directly or indirectly, of marvinHR’s engagement by you under this Agreement is confidential and must not be disclosed to any other party without marvinHR’s prior written consent. If disclosure of information provided to you concerning a candidate results in that candidate being engaged by another party who is not liable to pay our fee, you will be liable to pay our fees as if you had engaged that candidate.
• LIABILITY
  You bear the sole risk in relation to the placement of candidates under this Agreement, and marvinHR is not liable for any loss, damage or costs, howsoever or wheresoever arising, including legal fees on a solicitor/own client basis, whether through negligence or otherwise, which you may suffer or for which you may become liable, arising out of or in connection with the introduction to you or Engagement.
• VARIATION
  Subject to this clause, no variation to, or waiver of, any provision of this Agreement is effective unless or to the extent that it is confirmed and agreed in writing.