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 Commencement Fees.
1. CANDIDATES
Where you ask marvinHR to find candidates for a position or positions in your organisation, whether permanent or temporary (“Positions”), marvinHR will endeavour to introduce to you candidates for the Positions. However, marvinHR does not guarantee that it will introduce any or any minimum number of candidates to you.
marvinHR may recommend candidates, but deciding which candidate to engage is yours.
MartinHR 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.
2. 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.
3. OUR FEES
Our fees (all exclusive of GST) are:
30% of which is paid on Commencement. The Commencement Fee covers the cost of understanding your needs, the position to be filled, content creation and placement of any advertisements.
The remainder, Placement Fee (70%), 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.
If you terminate or cancel our services at any time after Commencement, you will be liable for 50% of the Placement Fee.
Where additional costs are incurred for advertising, promoting, or marketing the position, marvinHR will advise you of those costs, payable within 7 days of invoice.
4. REPLACEMENT POLICY
As we do not influence the engagement of the candidate post-employment and due to the low-cost fee structure, we offer no long-term guarantees or replacement candidates. However, we will use our best efforts to find a replacement candidate from the pool of applicants in the first 90 days after placement. If additional advertising is required, you will be liable for those costs.
5. 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.
6. 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.
7. 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.