Synergy Search Terms & Conditions 2021

  Definitions

 “Candidate” means any person who has sought or obtained placement by Synergy Search in Permanent or fixed term employment with a Client of Synergy Search.

 “Client” means any person or body to which Synergy Search provides services and any Client Related Entity.

 “Client Related Entity” means any entity connected with the Client including (i) an entity with a common interest in an economic enterprise, for example, a related body corporate (as that term is defined in the Corporations Law) or a joint venture partner, or (ii) another government department or organization within the public service sector.

 “Fixed Term” means any person who has accepted or obtained placement by Synergy Search on a fixed term basis with a Client of Synergy Search. A Fixed Term Placement is employed by the Client and the Client takes responsibility for payroll, legislative requirements.

 “Synergy Search” means Synergy Search Pty Ltd (ABN 97 622 499 414)

 “Permanent” means any person who has accepted or obtained Permanent employment with a Client.

 “Placement” means the date on which the employment contracts are signed and returned to the client and any references have been completed, and the recruitment process has been completed, not on the start date of the candidate in the role.

 “Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

 “Privacy Laws” means Privacy Act (Cth) 1988 (and amendments including the Privacy Amendment (Private Sector) Act 2000 (Cth).

“Standard Fee Structure” means the then standard Synergy Search fee structure

 Parties

These Terms of Business are between Synergy Search and its Client each time Synergy Search provides recruitment services to a Client.

 Acceptance of Terms of Business

 The Client agrees to be bound by these Terms of Business by accepting details of personnel, interviewing personnel or employing or engaging personnel introduced by Synergy Search for a Permanent position offered by the Client, or for a Contract Assignment with the Client.

 Variation to Terms of Business

 Any variation to the Terms of Business must be mutually agreed by both parties in writing.

1.1    Types of Assignment

Synergy Search carries out the following types of assignments for clients; Contingent Assignments, Advertised Search, Retained Assignments, Fixed Term Assignments and Buy-outs.

Unless agreed otherwise by the client, Contingent Search will be the default assignment type between the Client and Synergy Search.

 1.2 When undertaking a Contingent Search – Synergy Search is only paid a fee when a Client hires a candidate through Synergy Search.

Other forms of available Assignments by agreement include;

 1.3. Advertised Search - This is a combination of client paid advertisement recruitment and the utilisation of search in specific industries or areas.

1.4.  Retained Assignment (Mandated Assignment) – The Client has requested an exclusive service from Synergy Search to hire Candidates

 1.5. The placement fee for all three of the above is as per the Standard Fee Structure and is payable as follows:

 1.6 Contingent Assignments - The fee is payable in one lump sum on the event of the client hiring the candidate as per the Standard Fee Structure. All fees are strictly payable within 28 days of the Candidate start date.

 1.7 Advertised search – Where a client wishes to utilise specific advertising channels online and offline and the agree to these in advance and meet all costs of the advertising upfront or as they come due. Synergy Search agrees to confirm a breakdown of all costs in advance.

 1.8 Retained Search

 a) One-third of the total estimated fee upon acceptance of the assignment by Synergy Search from the client;

b) One-third of the total estimated fee upon presentation of the shortlisted Candidates;

c) The balance is payable upon successful completion of the assignment, which occurs as soon as an offer has been made and accepted by the successful Candidate; The Client must pay for all work performed by Synergy Search until the Client terminates the assignment.

 2. Placement Types

 2.1 Permanent Placement - is where the Client employer (also known also as the client) engages our candidate(s) or employee(s) directly and pays us an agreed one off fee.

The Client employer pays the candidate(s) or employee(s) wages directly and is solely responsible as their employer.

 2.2. Fixed Term Placement – The placement fee for a Fixed Term placement is as agreed in writing between the parties. Further fees will apply should the candidate extend beyond the initial contract period to a maximum of twelve (12) months. Fees become payable on the placement of a candidate with a client. All fees are strictly payable within 28 days of the invoice date.

 2.3 Buy-Out – Where a Fixed Term Employee or Contractor is transferred to a Permanent or other employment status (or contracts directly), with the Client or any other person or body to whom the client has introduced Contractor, the client will be charged a fee based on the Standard Fee Structure. Fees become payable on the placement of a candidate with a client. All fees are strictly payable within 28 days of the invoice date.

 3. Invoicing

3.1. Invoicing for the final amount in relation to completion of a Contingent Assignment, Fixed Term Placement or Buyout will take place on the candidate start date full payment will be due no later than 28 days from the candidate start date.

3.2(a) Any Payment Order (PO) number or Requisition Authority or similar that is required for invoicing by the client or client’s Accounts Payable (AP) team must be communicated to Synergy Search prior to the candidate start date.

 3.3. Permanent placement, fixed term placements, and buy-out fees are calculated according to the Standard Fee Structure (3.7) as a percentage of a Candidate’s commencing annual remuneration package. The annual remuneration package includes base salary, employer superannuation contributions (including compulsory contributions), allowances, inducement payments and non-salary benefits such as provision of a motor vehicle. A car included in the package will be assessed at $20,000.

 3.4(a) Non-compulsory or discretionary bonus payments, such as end of year / performance bonus’s will not form part of the annual remuneration package for the purposes of calculating recruitment fees.

3.4(b)The value of all other non-salary benefits will be taken into account and agreed between Synergy Search and the client.

3.4(c) Where a Candidate is placed in a Permanent role on a part-time basis the salary for calculating the placement fee will be calculated on the pro rata basis of a full-time equivalent salary.

3.4(d) Fees for Contract Assignments will be calculated on a pro rata basis of the annualised salary.

 3.5 The Client must notify Synergy Search as soon as the Client makes an offer of employment to a Candidate introduced to the Client by Synergy Search and must provide details of that offer.

 3.6 If the Client defers a hiring decision in respect of a recruitment assignment performed by Synergy Search and a Candidate is hired within 12 months of the date of the initial introduction by Synergy Search or the first interview, whichever is later, the Client must pay to Synergy Search the appropriate placement fee in accordance with these Terms of Business.

3.7 Standard Fee Structure

 Salary                                                                           Fee %

 >$99,999                                                                     18%

 $100,00 - 124,999                                                 20%

 $125,000 - $159,999                                           22%

 $160,000 +                                                                  25%

 4. Permanent Placements - General Provisions & Replacement Guarantee

4.1. If the requirements set out in this clause are met, Synergy Search shall extend a replacement guarantee for Candidates recruited and placed as Permanent employees with the Client.

 4.2. This guarantee means that if the successful Candidate ceases employment with the client within three months of commencement of such employment (“Guarantee Period”), and the requirements set forth below are met, Synergy Search will endeavour to find a replacement Candidate for the position without charging additional placement fees.

 4.3. In circumstances where the fee is paid on acceptance of offer by the Candidate, and a Candidate withdraws their acceptance of an offer of employment from the Client prior to commencing such employment, the replacement guarantee may also apply, subject to the terms set out below.

 4.4. The replacement guarantee only applies if:

a) all fees, charges and expenses owing by the Client in respect of the placement of the original Candidate have been paid in full in accordance with the payment terms set forth in these Terms of Business, and the Client has no other amounts outstanding to Synergy Search;

b) the request to replace the Candidate is given exclusively to Synergy Search;

c) Synergy Search is notified as soon as practicable that the client wishes to invoke the guarantee, and in any event within the Guarantee Period;

d) the original job description and assignment specification does not alter; and

e) there is not an unreasonable delay by the Client in instructing Synergy Search to source the replacement Candidate

 4.5. The replacement guarantee does not apply:

a) if the Candidate’s employment ceases for reasons beyond Synergy Search’s control such as redundancy, restructuring, economic circumstances, company closure, change of management or substantial change from the original job description; or

b) if the Candidate is engaged by the Client in an On-Hire Employee capacity through Synergy Search immediately prior to the acceptance of a Permanent position with that client; or

c) to replacement Candidates provided under this Clause.

 4.6. The replacement guarantee is not transferable to other placements or recruitment services, and the Client is not entitled to any credit or refund for replacement guarantees that the Client does not wish to pursue, or which are undertaken by Synergy Search but not completed.

 4.7. Any additional advertising costs are not included in this replacement guarantee.

 4.8. If the remuneration package of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted appropriately. Responsibilities After Permanent Placement

 4.9. Once a Candidate is placed as an employee with a Client, the Client is the Candidate’s employer and has sole responsibility for the employee. Synergy Search has no liability or obligations in respect of the Client’s employee, including, without limitation, in respect of the termination of employment of the employee for any reason by the Client. This also applies to Fixed Term Placements.

 5. Contract Assignments - General Provisions

 5.1. Synergy Search can provide Fixed Term Contractors as required by the Client to provide services in accordance with these Terms of Business and the verbal or written job specifications given by the Client for a particular Contract Assignment.

 5.2. Fixed Term Contractors will be employed by the Client and not Synergy Search. All fees and Charges associated with Fixed Term Contractors will be worked out on a Pro Rata basis of their equivalent Annualised salary package.

 6. General Terms Introduction of Candidates

 6.1. Synergy Search treats the introduction of Candidates and their details as strictly confidential, and therefore expects the Client to do the same.

 6.2. If a Candidate or his or her details are introduced to or passed on to the Client (including the transfer of a candidate’s details to the Client’s database), and that introduction or transfer results in the Permanent employment or engagement on a contract basis of the Candidate, the Client must pay Synergy Search the appropriate fee in accordance with these Terms of Business and Synergy Search’s Standard Fee Structure.

 6.3. If a Candidate introduces another Candidate to the Client and that introduction results in Permanent employment or engagement on a contract basis of that Candidate, the Client must pay Synergy Search the appropriate fee in accordance with these Terms of Business and Synergy Search’s Standard Fee Structure Non-Solicitation of Synergy Search employees

 6.4. The Client shall not solicit Synergy Search employees.

 6.5. In the event that a Client places a Synergy Search employee in a role with the Client or any other person or body to whom the Client has introduced the employee, the Client will be charged a fee based on the Standard Fee Structure.

  7. Liability and Indemnities

 7.1. Synergy Search makes every effort to maintain a high standard of Candidates and to provide proper details of their qualifications and experience. However, as these details are based on information provided to Synergy Search by the Candidate, their referees, and other third-party organizations as relevant, Synergy Search is not liable for any errors, omissions, inaccuracies or incorrect conclusions. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.

 7.2. Synergy Search is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from: a) the introduction by Synergy Search of Candidates (or delay in any such introduction); or b) the failure of a Candidate to accept an offer of employment or Contract Assignment.

 7.3. The Client indemnifies Synergy Search (and keeps Synergy Search indemnified) on a full indemnity basis in respect of all losses, liabilities, costs or claims arising from or related to:

a) the actions or omissions of a Candidate, performing an assignment for the Client, whether wilful or negligent and whether or not occurring at the Client’s premises or the place where the assignment is performed;

b) any failure or alleged failure of a Candidate, to duly perform his or her obligations;

c) personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and

d) damage to any property arising from, or related to the performance by a Candidate, of his or her obligations.

e) any occasion when an On-Hire Employee or Independent Contractor carrying out a Contract Assignment with the Client is required to attend jury duty during the course of the Contract Assignment.

f) any omission, inaccuracy or conduct of the Client in relation to the recruitment services.

 7.4. The Client further indemnifies Synergy Search (and keeps Synergy Search indemnified) on a full indemnity basis in respect of all claims related to the Candidate's assignment with the Client, including but not limited to termination of the assignment by the Client.

 8. Goods and Services Tax (GST)

 8.1 a) All fees payable under these terms of business are exclusive of GST.

b) GST will be added to the fee at the prevailing rate unless it is assessed by Synergy Search to be GST exempt.

c) Out of pocket expenses, when applicable, will be calculated and charged as the amount incurred by Synergy Search (net of any input tax credit to which Synergy Search is entitled) plus GST as applicable.

  9. Privacy

 9.1 The Client agrees to comply with the terms of the Privacy Laws regarding Personal information and not to use Personal Information except for the purpose of engaging or considering a Candidate, to provide services to the Client. The Client must ensure that before disclosing any Personal Information to Synergy Search the Client is entitled to disclose that information and without taking any further steps as required by the Privacy Laws, Synergy Search may use and disclose such information for the purpose of providing recruitment services under these Terms of Business. If the Client becomes aware of any breach or alleged breach of the Privacy Laws concerning information disclosed by Synergy Search to the Client or by the Client to Synergy Search, then the Client must notify Synergy Search immediately and comply with any reasonable directions of Synergy Search with respect to such breach.

 10. Expenses

 10.1 No expenses incurred by Synergy Search in the process of a recruitment process will be billed to the Client except where they have been expressly agreed and confirmed in advance in writing.

 a) These include Print and Display or Online Advertising costs

b) Travel and accommodation

c) any other reasonable expenses as agreed between the client and Synergy Search

 Execution

 Executed as an agreement

Signed for on behalf of Synergy Search PTY LTD (ABN 97 622 499 414) by its duly authorised representative:

Signature___________________________                  Date________________________________

Print Name_____Chris Meharg__________                 Position_____Managing Director_________

 Client to fill out below

Signed for and on behalf of (Client Business)____________________________________________

By its duly authorised representative:

Signature___________________________                  Date_________________________________

Print Name__________________________                 Position_______________________________