​Terms & Conditions

Contract to Provide Permanent Recruitment Services dated day of 20

1.             Jigsaw Staffing Limited (“Jigsaw")

2.             (“Client”)

Position(s) to be filled:

Purchase Order Number (Leave blank if not required):

Salary Range:

Client Representative:

1.             Acceptance

1.1.         This Agreement constitutes an agreement between Jigsaw and the Client to provide Recruitment Services for the above position(s).

1.2.         This Agreement is binding on execution by both parties.

1.3.         This Agreement is intended to supplement Jigsaw’s account application form.

2.             Defined terms

“Candidate” means a person who has been introduced to the Client by Jigsaw in accordance with the terms of this Agreement.

“Exclusive Engagement” means the engagement of Jigsaw as the sole provider of Recruitment Services for a period of 3 months from the date of this Agreement. For the sake of clarity where there is an exclusive engagement the Client shall not recruit directly for the position.

“Non-Exclusive Engagement” means the engagement of Jigsaw on a non-exclusive basis to provide Recruitment Services from the date of this Agreement.

“Placement Fee” means the fee payable by the Client for the Recruitment Services.

“Projected First Years Earnings” means the Candidate’s gross equivalent annualised remuneration package, which will include base salary as well as any other benefits to the Candidate. Where fringe benefits apply, such as a car allowance, they are regarded as a part of a Candidate’s remuneration, and this factor will be included when assessing the Placement Fee. Motor vehicles provided to Candidates will be valued at a minimum of $15,000.00 per annum or as agreed between the Agent and the Client.

As the selection process is equally as in-depth and thorough for part time and fixed term positions the Projected First Years Earnings for a part time role will be equated to that of a full-time role and for fixed term role will be equated to that of a full-time permanent role and both will be calculated using the guidelines above.

“Recruitment Services” means the provision of permanent recruitment services including advertising, search and candidate screening.

3.             Recruitment Services and Placement of Candidate

3.1.         On execution of this Agreement by both parties Jigsaw shall commence the Recruitment Services.

4.             Placement Fees

4.1.         Jigsaw’s Placement Fee will be: (select option)

□Exclusive Engagement - 15% of the candidate’s Projected First Year’s Earnings plus GST; or

□Non-Exclusive Engagement - 18% of the candidate’s Projected First Year’s Earnings plus GST.

4.2.         The invoice for the Recruitment Services shall be issued on the earlier of (i) the date upon which the Candidate signs an employment agreement with the Client and (ii) the date upon which the Candidate commences employment with the Client. The Client will notify if they have employed a Candidate within 48 hours of the Candidate accepting the position. The client agrees to pay Jigsaw’s invoice with seven (7) days of the date of the invoice.

4.3.         The Client shall pay Jigsaw’s invoice without deduction and the Client shall have no right to set-off, counterclaim or cross demand (including that referred to in Section 290(4) of the Companies Act 1993) for any claim, debt or obligation whatsoever against Jigsaw.

4.4.         Jigsaw has the right to charge interest (at a rate of 10% per annum) on any invoice not paid within the agreed payment period specified in clause 4.2.

4.5.         All debt collection costs (including those on a full solicitor/Client basis) incurred by Jigsaw for the collection of any of the Client’s unpaid invoices shall be paid in full and without deduction by the Client.

4.6.         The Client must pay Jigsaw the Placement Fee on the terms set out in this Agreement, if:

(a)           the Client enters into a private agreement to employ a Candidate within a period of six months following the date upon which the Candidate has been introduced by Jigsaw, irrespective of the date upon which the engagement ends. In this subclause “private agreement” means any agreement to employ a Candidate in the absence of any effective agreement between the Client and Jigsaw. Any Candidate that Jigsaw puts forward to the Client shall be deemed to be found by Jigsaw. If the Client has past/current communications with any Candidates that Jigsaw has put forward, the Client agrees to notify and inform the Jigsaw before engaging Jigsaw to provide the Recruitment Services; or

(b)           the Client passes the details of the Candidate to a Third Party (including any subsidiaries/affiliations) that subsequently employs the Candidate within 6 months of the Client making the introduction.

5.             Cancellation Fee

5.1.         A cancellation fee is payable if the Client no longer requires the position(s) to be filled. The cancellation fee shall be $1250.00 plus GST and shall be payable within 7 days of the date of the invoice.

6.             Replacement Guarantee

6.1.         Jigsaw offers a guarantee period of twelve (12) weeks from the commencement of employment of a Candidate. Should the Candidate leave or be terminated within the guarantee period, Jigsaw will use reasonable endeavours to find a replacement free of charge on the condition that:

(a)           It is not due to any redundancy measures, change in job description or change in work conditions;

(b)           Jigsaw’s invoices have been settled in accordance with the terms of this Agreement;

(c)           the Client has complied with its obligations to the Candidate including its obligations under any relevant law;

(d)           the request is given exclusively to Jigsaw to replace the Candidate;

(e)           the replacement role is the same as the initial placement; and

(f)            Jigsaw is informed in writing that the Candidate is no longer to be engaged by the Clientwithin seven (7) days of such decision being made.

6.2.         Should the Placement Fee of the replacement Candidate exceed the Placement Fee of the original Candidate, Jigsaw will calculate and on-charge to the Client the additional Placement Fee based on the new Projects First Years Earnings.

7.             Accuracy of information

7.1.         Jigsaw endeavours to provide an accurate background check on Candidates qualifications and experience. However, these details are based on information made available by Candidates and their referees. In the event that any particulars or information provided to Jigsaw by a Candidate or by a third party on behalf of a Candidate are found to be incorrect or otherwise misleading Jigsaw accepts no liability for any loss, damage or costs which may be suffered by the Client as a consequence of those particulars or information provided by Jigsaw to the Client.

7.2.         Jigsaw always recommends that the Client conducts its own due diligence in respect of a Candidate prior to making a decision to offer a position to a Candidate.

8.             Liability and Indemnity

8.1.         Whilst Jigsaw makes every effort to ensure a Candidate’s integrity, and endeavours to submit Candidates that are suitable for the Client’s needs, no liability will be accepted for any loss, damage, or other costs, irrespective of how they are caused, or which the Client may suffer, or for which the Client may become liable, arising out of, or in connection with, the introduction of a Candidate to the Client (including, but not limited to, where a Candidate is required as part of any assignment to handle money’s, securities, valuables or confidential information).

8.2.         Jigsaw will not be liable for any and all losses, including direct losses, indirect or consequential losses, loss of profit, loss of actual or anticipated savings, loss of anticipated revenue, loss of reputation or regulatory fines, liabilities, costs and expenses (including legal costs and expenses) incurred by the Client arising from the Candidate’s acts or omissions including their acts or omissions in the performance of their employment with the Client.

8.3.         Unless otherwise agreed with the Client, Jigsaw may communicate with the Client by electronic means. Such communications may be subject to interference, interception, inadvertent misdirection or may contain viruses or other defects. Jigsaw does not accept responsibility, and will not be liable for, any damage or loss caused to the Client in connection with such corruption of electronic communication.

9.             Confidentiality

9.1.         The Client acknowledges that they may, in the course of the supply of the Recruitment Services, acquire proprietary or confidential information of Jigsaw and they shall hold such information in the strictest confidence and not divulge or use it in any.

9.2.         Any information supplied to the Client by Jigsaw regarding a Candidate is done strictly on a confidential basis to enable the Client to assess a Candidate’s suitability for the position. Except where authorised or required by law, disclosure of any information to any third party by the Client will require express written consent from Jigsaw.

9.3.         All information disclosed by a Client to Jigsaw will be held confidential by Jigsaw and will not be disclosed to any third party without the consent of the Client.

Declaration

I confirm that:

•       I have received and understood the terms of this Agreement and I accept them fully.

•       I have received a copy of this Agreement.

•       I am an authorised signatory.

Signed by/on behalf of the Client.

Signed

Full Name

Signed by/on behalf of Jigsaw Staffing Limited

Signed

Full Name