[AGENCY NAME] TERMS OF BUSINESS
===============================

These terms apply to the permanent recruitment services that [Agency name] (ABN [ABN]) (“we”, “us”) provides to [Client name] (“you”).

Acceptance
----------

1. These terms apply as soon as you engage us, ask for details of a candidate, or interview a candidate we have introduced, whichever happens first.

2. These terms apply instead of any terms you put forward, unless we agree otherwise in writing.

Placement fee
-------------

3. Our placement fee is [fee]% of the candidate’s first-year remuneration package, plus GST.

4. The remuneration package is the base salary plus superannuation, and any bonus, commission, allowance or other benefit offered to the candidate for their first year.

5. We invoice when the candidate accepts your offer. The fee is due within [number] days of the candidate’s start date.

6. The fee applies if you, or a related entity, employ or engage a candidate we introduced within [12] months of the introduction, in any role and whether or not you do so through us.

Cancellation
------------

7. If you withdraw an offer after the candidate has accepted it, a cancellation fee of $[amount] plus GST applies.

Guarantee
---------

8. If the candidate leaves, or you end their employment, within [number] days of their start date, we will search for a replacement at no further fee, as long as:

- you paid our fee in full and on time;
- you tell us in writing within the guarantee period;
- the role was not made redundant or changed significantly in duties or pay; and
- you give us [28] days to find the replacement before you use another agency.

9. The guarantee applies once per placement. If we can’t find a suitable replacement, we will [describe what you offer, such as a credit of the fee to use within a set time].

Candidates and confidentiality
------------------------------

10. Candidate details we give you are confidential. You must not share them with anyone else without our written consent.

11. If you pass a candidate’s details to another person or business that then employs or engages the candidate, you must pay our placement fee as if you had employed them.

12. You must not contact a candidate’s referees or current employer without the candidate’s consent.

Your responsibilities
---------------------

13. We take care in selecting candidates, but we don’t guarantee their performance, conduct or how long they stay.

14. You are responsible for confirming a candidate’s qualifications, work rights and suitability before you employ them.

General
-------

15. Either of us may end our arrangement by notice in writing. Fees already earned remain payable.

16. These terms are governed by the laws of [state or territory].

17. If any part of these terms is invalid or can’t be enforced, the rest continues to apply.

18. These terms are the whole agreement between us about our services and replace anything said or written before.

19. Notices must be in writing and may be sent by email to the addresses each of us provides.

Agreed for [Client name]
------------------------

____________________
Signature

____________________
Name and position

____________________
Date