Terms and Conditions

These Terms and Conditions are between SK Professional Development Services Group (ABN 85 645 544 681) trading as HiringSolutions ("the Business") and The Client ("the Client"). By signing this document, you agree to the standard terms and conditions listed below.

1.    Application and Acceptance of Terms and Conditions

1.1    These terms and conditions apply to all transactions between the Business and the Client, concerning Candidates employed on any basis by the Client, unless written changes are provided by a Director of the Business.

1.2    Receiving a Candidate's CV, interviewing, engaging the Candidate, or passing their information to others will be taken as acceptance of these Terms and Conditions.

1.3    The Client must inform the Business immediately when a Candidate accepts an engagement. If a Candidate is hired within twelve months of the introduction, the Client agrees to pay the Business according to the fee schedule below.

1.4    Once the Client engages the Business, the Business contacts the candidate and obtains permission to represent them. For exclusive campaigns, the role is outsourced to the Business with specific terms provided for each campaign.

1.5    The Client agrees that from the engagement date, they acknowledge their own search efforts. If the Business introduces a candidate the Client knows but is not currently in contact with, the introduction is via the Business.

1.6    Engagement is defined as the Client being aware and approving that the Business is sourcing relevant individuals.

2.    Fees

2.1    Salary Package: Includes base salary, guaranteed commission, superannuation, vehicle allowance or company vehicle, fuel card, plus GST. A company vehicle is valued at $20,000, and a fuel card at $6,000.

2.2    Permanent Positions: The fee for a permanent position is 17% of the salary package. An initial fee of $3,000 inc GST, is paid on assignment acceptance, and the remainder on the successful candidate's acceptance of the role.

*Where Hiring Solutions has exclusive rights to the placement. If the client secures a potential candidate through any other avenue (including themselves), the exclusivity dictates that the candidate's resume be sent to Hiring Solutions for further screening. A company car is valued at $20,000 for these Terms of Business.

Position Description: If the Client requests that Hiring Solutions drafts the position description based on the verbal brief provided by the Client, the Client shall incur an additional fee of $999 plus GST.

2.3    Fixed Term Contract: Fees for fixed-term roles under 9 months are 85% of the permanent fee; for 9-12 months, it's 100% of the permanent fee.

2.4    Commission-only Positions: Fees are negotiated on a case-by-case basis, with a minimum of $10,000 plus GST.

2.5    Advertising Expenses: The Client covers all agreed advertising costs, booked and invoiced directly.

2.6    Interviewing Expenses: The Client pays all reasonable, agreed costs for Candidate interviews within 7 days of the invoice.

2.7    Cancellation of Assignments: If an exclusive or retained assignment is canceled after interviewing has begun, a non-refundable fee of one-third of the permanent fee is payable. If the Client withdraws an offer after the Candidate's acceptance, the full permanent fee is payable.

3.    Fee Payment Schedule

3.1    Retained Assignments: Fees are as per Clause 2 and payable within 7 days of invoice.

3.2    Contract Assignments: Fees are as per Clause 2, payable within 7 days of the candidate's start date. Payment schedules for rolling contracts are negotiated beforehand.

3.3    Contract to Permanent: Fees are as per Clause 2, payable within 7 days of the candidate's start date.

4.    Payments

4.1    Fees are paid as per the Business's invoice terms. Late payments forfeit any claims under Clause 7.

4.2    The Business may charge 2% interest per month on late payments.

4.3    A Debt Recovery Fee of 10% of the invoice value will be charged if legal action is needed to recover the debt. The Client will also pay court costs and legal fees.

4.4    Non-payment legal matters will be dealt with under NSW Law.

4.5    Fees and charges are in Australian dollars.

4.6    Fees exclude Goods and Services Tax as defined by law.

5.    Alterations

5.1    Any changes to these terms must be confirmed in writing by a Director of the Business.

5.2    If a reduced fee is agreed, it must be paid within the specified time. Otherwise, the full fee in Clause 2.2 becomes due.

6.    Subsequent Employment and Duplication

6.1    If a Candidate introduced by the Business is hired by the Client within twelve months of the initial introduction, the Client pays the normal fee, without a guarantee period.

6.2    If the Client introduces a Candidate to a third party, resulting in the Candidate's engagement within twelve months, the Client pays the normal fee.

6.3    If a Business employee is hired by the Client within twelve months of their termination from the Business, the Client pays the normal fee.

6.4    If a Candidate is introduced to the Client by another source, written proof is needed to negate these terms.

6.5    If a Candidate applied directly to the Client before being presented by the Business and was not interviewed within 8 weeks, the Business can represent the Candidate.

6.6    If the Client hires more than one Candidate presented by the Business, fees apply as per Clause 2.

7.    Guarantee

Please note that if you do not pay within the stipulated time according to the terms of business, you will not be entitled to the guarantee terms listed below:

7.1    In the event that either the Candidate or the Client terminates the engagement within 60 days of the Candidate commencing employment with the Client, and provided that:

(a)    The Client or any subsidiary or associated business does not engage the Candidate within twelve (12) months of the termination date.

(b)    The Client notifies the Business in writing of the termination of the candidate's engagement within seven (7) days.

(c)    The termination is not due to redundancy or other business rationalization, including takeover, change in job description, end of the requirement for the position, or business closure.

(d)    All fees due to the Business have been paid by the Client in accordance with these Terms and Conditions.

Then, the Business will endeavor to find a replacement employee at no additional cost on the same terms and conditions as the original position.

(e)    With replacement and credit note roles, the Client agrees that sourcing candidates is exclusive to Hiring Solutions for six weeks from project commencement. If the Client knows candidates they wish to interview, they are to be absorbed into the Business's sourcing process.

(f)    During the exclusivity process, if the Client hires a candidate not introduced by the Business, the replacement/credit note will be deemed "taken up."

If the Business is unsuccessful in filling the replacement role after the exclusivity period, the Client can issue a stop work order, and a credit note of corresponding value will be issued.

7.2    If the replacement assignment is canceled or terminated by the Client after one or more candidates have been referred, the Business will deem the replacement recruitment assignment credit to have been "taken up."

7.3    If a replacement candidate is engaged, the guarantee period for that person will be calculated as the difference between the initial candidate's employment duration and the original guarantee period.

7.4    If the replacement candidate's salary package exceeds that of the original candidate, the difference in the service fee will be payable to the Business under the original payment terms.

7.5    If you decide to employ the replacement candidate on a temporary to permanent arrangement, the Business will deem the replacement recruitment assignment credit to have been "taken up," regardless of whether the candidate is offered a permanent position.

8.    Reference Checking and Suitability

The Business will endeavor to ensure that Candidates introduced to the Client are appropriate given the assignment brief provided by the Client. However, the Business will not be liable for any untrue statements or misrepresentations made by the Candidate or for the accuracy or completeness of information provided by a Candidate or a third party. The Client is responsible for satisfying itself as to the suitability of the Candidate for the position offered prior to engaging the Candidate. The Client shall be responsible for obtaining or verifying the existence of all necessary work and other permits and satisfy any medical requirements or qualifications that may be required by any State or Commonwealth legislation relating to employees and you base any decision to employ any candidate we may refer to you on your own enquiries and judgement.

9.    Liability and Indemnity

9.1    The Business is not liable for any loss resulting from the Candidate's actions or from delays in referring Candidates.

9.2    The Client indemnifies the Business against any loss arising from Candidate referrals or actions.

9.3    Once the Candidate signs an employment contract with the Client, they are deemed a direct employee of the Client and will be bound by the terms of the client employment contract.

10.    Confidentiality

The Client must keep Candidate information confidential and use it only for determining suitability for employment, in accordance with the Privacy Act 2001.

11.    GST

11.1    GST means any tax on goods, services, or similar.

11.2    The GST Amount is the product of the consideration and the GST rate.

11.3    If GST is applicable, the recipient pays the GST Amount in addition to the consideration.

12.    General

12.1    Changes to these terms must be authorized in writing by a Director.

12.2    These terms do not exclude any non-excludable rights under the law.

12.3    If a provision is prohibited or unenforceable in any jurisdiction, it is ineffective only to the extent of the prohibition.

12.4    Invalid provisions in one jurisdiction do not affect the validity in other jurisdictions.

The laws of the States of Australia govern this agreement, with exclusive jurisdiction to the courts.

You are deemed to have accepted these Terms by signing above. The person signing these Terms has the authority to sign on Your behalf and to bind You. If the Terms are unsigned, yet You or any subsidiary engages a Contractor or Candidate, You are still obligated to pay the fees within these Terms. These Terms may only be altered via express written agreement between both parties. The Terms will take precedence over and supersede any other document or terms previously agreed or provided subsequently by You.

1. INTRODUCTION AND SCOPE

1.1 This Agreement establishes a strategic partnership whereby Hiring Solutions (the Provider) shall act as the Client's dedicated external recruitment function for a period of twelve (12) months, providing end-to-end talent acquisition services as outlined herein.

1.2 The Provider shall operate as an extension of the Client's business, providing dedicated recruitment expertise, market intelligence, and talent acquisition strategy while remaining an independent contractor.

1.3 The Solo Recruiter Advantage

Unlike traditional recruitment agencies, this Partnership provides the Client with direct, ongoing access to a single senior recruitment professional. The benefits of this model include:

• (a) Single Point of Contact: All communication, strategy, and delivery is managed by one dedicated professional — eliminating handoffs, miscommunication, and delays.
• (b) Direct Decision-Making Authority: The Provider operates independently without internal approvals or escalations, enabling faster response times and immediate adaptability.
• (c) Consistent Senior Expertise: The Client receives 15+ years of hands-on 360-degree recruitment experience on every assignment — not junior staff or trainees.
• (d) Deep Business Immersion: Through sustained partnership, the Provider develops intimate knowledge of the Client's culture, team dynamics, and hiring preferences — resulting in higher quality candidate matches.
• (e) Enhanced Confidentiality: With a single point of contact, sensitive and executive-level searches carry significantly reduced risk of information leakage.
• (f) Full Accountability: With no layers of management or shared responsibility, the Provider is wholly accountable for outcomes and reputation.
• (g) Agility and Flexibility: The Provider can adapt to changing requirements, pivot search strategies, and respond to urgent needs without bureaucratic constraints.
• (h) Cost Efficiency: Without the overhead of large agency infrastructure, the Client benefits from competitive pricing and value-focused service delivery.

1.4 Professional Tools and Network

The Provider maintains access to industry-leading recruitment technology and an established professional network, including:

• SEEK Talent Search: Premium access to Australia's largest candidate database with advanced search capabilities
• LinkedIn Recruiter: Full suite access to LinkedIn's professional network of 900M+ members globally
• Established Network: Direct access to a curated professional network of 10,000+ LinkedIn connections built over 15 years across multiple industries
• Referral Network: Trusted relationships with passive candidates and industry professionals who do not actively apply for advertised roles

2. PARTNERSHIP TIERS AND INVESTMENT

2.1 The Client shall select one of the following Partnership Tiers based on anticipated hiring requirements: GROWTH ($66,000 + GST / $5,500 monthly / up to 5 hires), SCALE ($96,000 + GST / $8,000 monthly / up to 10 hires), or ENTERPRISE ($132,000 + GST / $11,000 monthly / up to 15 hires).

2.2 Additional Hire Fee: For placements exceeding the included allocation, the Client shall pay 17% of the candidate's Total Remuneration Package (TRP), with a minimum fee of $8,000 + GST per placement.

2.3 Total Remuneration Package (TRP) Definition: For the purposes of this Agreement, the TRP is defined as: Annual base salary; plus Guaranteed commission (if any); plus Superannuation; plus Vehicle allowance or company vehicle; plus Fuel card (if provided); plus GST. For calculation purposes, a company vehicle shall be valued at $20,000 and a fuel card shall be valued at the market rate of $6,000.

2.4 Option to Extend: As an alternative to paying the Additional Hire Fee, the Client may elect to extend the Partnership by entering a new 12-month term at the prevailing tier rate. The new term shall commence immediately upon payment of the first monthly instalment, include a fresh hire allocation as per the selected tier, and supersede any unused allocation from the previous term (no rollover).

2.5 No Rollover: Unused hire allocations do not roll over to subsequent periods. The monthly investment reflects access to dedicated recruitment capacity, not individual placement credits.

3. PAYMENT TERMS

3.1 Monthly Investment: Payable in twelve (12) equal monthly instalments via Direct Debit on the first business day of each calendar month, commencing on the Agreement Start Date.

3.2 Direct Debit Authority: The Client hereby authorises Hiring Solutions to debit the nominated bank account for all amounts due under this Agreement. A separate Direct Debit Request (DDR) form must be completed prior to commencement.

3.3 Additional Hire Fees: Invoiced within seven (7) days of the candidate's Start Date, payable within fourteen (14) days of invoice date.

3.4 Late Payment: Overdue amounts shall accrue interest at the rate of 2% per month. The Provider reserves the right to suspend services if any amount remains outstanding for more than fourteen (14) days.

4. SERVICES INCLUDED

4.1 The following services are included within the Partnership Investment:

• End-to-end recruitment: sourcing, screening, interviewing, and shortlisting candidates
• Comprehensive reference checking and verification
• Offer negotiation support and candidate management
• Dedicated single point of contact for all recruitment matters
• Weekly progress updates on active searches
• Monthly recruitment activity reporting and analytics
• Salary benchmarking and market intelligence for each role
• Strategic workforce planning consultation
• Priority response within one (1) business day on all briefs

4.2 Remote Service Delivery: All services under this Agreement shall be delivered remotely. The Provider is not required to maintain a physical presence at the Client's premises and shall not be considered an on-site or embedded employee. On-site attendance shall only occur by mutual agreement for specific purposes including but not limited to: Initial partnership kick-off meeting, Role briefing sessions for complex or senior positions, Quarterly business reviews (if requested by Client), Candidate interview coordination where Client presence is beneficial.

4.3 Any travel or on-site attendance beyond the Sydney metropolitan area may incur reasonable travel expenses, to be agreed in advance.

5. DEFINITION OF FILLED ROLE

5.1 A role shall be deemed 'Filled' only when the placed candidate physically commences employment with the Client (Day 1 Start Date). Neither verbal acceptance, written offer acceptance, nor contract execution shall constitute a Filled role for the purposes of this Agreement.

5.2 The Start Date shall be the determinative date for: Counting toward the included hire allocation; Triggering any Additional Hire Fee; Commencement of the Replacement Guarantee period.

6. REPLACEMENT GUARANTEE

6.1 Guarantee Period: Sixty (60) days from the candidate's Start Date. This period is non-negotiable.

6.2 Entitlement: Where a placed candidate departs within the Guarantee Period, the Provider shall conduct one (1) replacement search for the same role at no additional cost, subject to the conditions below.

6.3 Qualifying Departures — Replacement IS Provided When: The candidate voluntarily resigns; The candidate is terminated due to genuine performance issues; The candidate is terminated for misconduct or behavioural issues; The candidate abandons the role (no-show / failure to attend).

6.4 Exclusions — Replacement is NOT Provided When: The departure results from redundancy, restructure, or position elimination; Business closure, acquisition, merger, or change of ownership occurs; The role requirements materially changed after placement (duties, reporting line, location); Salary, benefits, or conditions were reduced from those originally offered; The departure results from hostile work environment, harassment, or bullying by the Client; The Client failed to provide reasonable onboarding, training, or agreed resources; The candidate's probation was extended beyond originally agreed terms; Any action or omission by the Client directly caused the candidate's departure.

6.5 Same Role Only: The replacement guarantee applies exclusively to the original role. The Client may NOT substitute the replacement search for a different position. If the Client elects not to backfill the role, the guarantee lapses and no credit or alternative placement shall be provided.

6.6 Replacement Allocation: A replacement search counts as the same role slot and does NOT: Count as a new hire against the included allocation; Trigger any Additional Hire Fee; Extend the Agreement term.

6.7 Second Replacement: If a replacement candidate also departs within the Guarantee Period, any subsequent search shall be treated as a new placement and will count toward the hire allocation or incur the Additional Hire Fee as applicable.

7. TERM, RENEWAL, AND TERMINATION

7.1 Initial Term: This Agreement shall commence on the Start Date and continue for twelve (12) months.

7.2 Automatic Renewal: This Agreement shall automatically renew for successive twelve (12) month periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.

7.3 Early Termination by Client: Should the Client terminate this Agreement prior to the expiry of the current term, the Client shall pay the greater of: All remaining monthly instalments for the current term; or A termination fee equivalent to three (3) months' investment.

7.4 Early Termination by Provider: The Provider may terminate with thirty (30) days written notice. All services rendered and placements made prior to termination shall remain payable.

7.5 Active Searches at Term End: Where a recruitment process remains active at the expiry of the twelve (12) month term, the monthly investment shall continue on a month-to-month basis until: The role is successfully Filled (candidate starts); or Both parties mutually agree to discontinue the search.

7.6 Handover: Upon termination or discontinuation of any search, the Provider shall deliver a comprehensive handover including candidate pipeline, interview notes, and market insights.

8. CANDIDATE OWNERSHIP

8.1 Any candidate introduced by the Provider to the Client shall remain the exclusive introduction of the Provider for a period of twelve (12) months from the date of introduction.

8.2 Should the Client engage any introduced candidate within this twelve (12) month period, whether for the original role or any other position, such engagement shall: Count toward the included hire allocation if capacity remains; or Trigger the Additional Hire Fee if the allocation has been exhausted.

8.3 This clause shall survive termination of this Agreement.

9. CLIENT OBLIGATIONS

9.1 The Client agrees to: Provide comprehensive, accurate role briefs within three (3) business days of request; Provide feedback on submitted candidates within three (3) business days; Attend scheduled recruitment update meetings or provide reasonable notice of rescheduling; Notify the Provider immediately of any changes to role requirements, budget, or hiring status; Maintain confidentiality regarding candidate information and recruitment strategies.

9.2 Unreasonable delays or lack of engagement by the Client may impact recruitment timelines. The Provider shall not be liable for delays caused by Client non-responsiveness.

10. EXCLUSIONS

10.1 The following services are expressly excluded from this Agreement: Human resources administration and policy development; Employee onboarding, induction, and training delivery; Payroll, superannuation, and benefits administration; Employee relations, performance management, and disciplinary matters; Immigration, visa sponsorship, and compliance matters; Drafting of employment contracts (unless separately agreed in writing).

10.2 Any services outside the scope of this Agreement may be provided by separate quotation.

11. EXCLUSIVITY AND PRE-EXISTING CANDIDATES

11.1 Recruitment Exclusivity: For the duration of this Agreement, the Client agrees that all recruitment activity for roles within scope shall be conducted exclusively through the Provider. The Client shall not engage other recruitment agencies, job boards, or conduct direct hiring for roles assigned to the Provider without prior written consent.

11.2 Rationale: The embedded partnership model requires full visibility of the Client's talent pipeline to deliver optimal results. Parallel recruitment efforts undermine the strategic value of this engagement and may result in duplicated candidate approaches, market confusion, and reputational damage.

11.3 Pre-Existing Candidates: The Client acknowledges that: Candidates previously known to the Client from prior recruitment activities are not automatically excluded from this Agreement; The Provider maintains an extensive candidate database built over 15+ years, and there may be overlap between the Provider's database and candidates known to the Client; A candidate shall only be deemed a 'Client Pre-Existing Candidate' if the Client provides written evidence of prior engagement with that specific candidate before the Agreement Start Date.

11.4 Pre-Existing Candidate Register: Within fourteen (14) days of the Agreement Start Date, the Client may provide the Provider with a written list of candidates with whom the Client has an existing relationship. Candidates on this register shall be excluded from the Provider's candidate ownership provisions. Any candidate not listed shall be subject to standard candidate ownership terms.

12. PRIVACY AND DATA PROTECTION

12.1 Both parties acknowledge their obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to the collection, use, storage, and disclosure of personal information.

12.2 The Provider shall: Collect candidate personal information only for legitimate recruitment purposes; Store personal information securely and protect it from unauthorised access; Not disclose candidate information to third parties without consent or lawful basis; Comply with any reasonable data handling requests from candidates.

12.3 The Client shall handle all candidate information received from the Provider in accordance with applicable privacy laws and shall not use such information for any purpose other than evaluating candidates for employment.

13. FORCE MAJEURE

13.1 Neither party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: Natural disasters, pandemics, or epidemics; War, terrorism, civil unrest, or government actions; Power failures, internet outages, or telecommunications failures; Industrial disputes or labour shortages affecting the broader market.

13.2 The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable endeavours to mitigate the effects of the force majeure event.

13.3 If a force majeure event continues for more than sixty (60) days, either party may terminate this Agreement by written notice without penalty, and fees shall be adjusted pro-rata to the date of termination.

14. INDEMNIFICATION

14.1 Client Indemnity: The Client shall indemnify and hold harmless the Provider against any claims, losses, damages, costs, or expenses arising from: The Client's breach of this Agreement; Any employment-related claims brought by placed candidates against the Client; The Client's failure to comply with applicable employment or workplace laws; Any misrepresentation by the Client regarding role requirements or working conditions.

14.2 Provider Indemnity: The Provider shall indemnify and hold harmless the Client against any claims, losses, damages, costs, or expenses arising from: The Provider's breach of this Agreement; The Provider's negligence in performing services under this Agreement; Any breach of privacy laws by the Provider in handling candidate data.

14.3 The Provider does not warrant or guarantee the performance, conduct, or suitability of any candidate beyond the representations made during the recruitment process. The Client is solely responsible for all employment decisions and workplace management.

15. PROFESSIONAL INDEMNITY INSURANCE

15.1 The Provider confirms that it holds Professional Indemnity Insurance with a reputable insurer, providing coverage appropriate for the services delivered under this Agreement.

15.2 Upon request, the Provider shall provide the Client with a Certificate of Currency confirming current insurance coverage.

16. NON-SOLICITATION

16.1 During the term of this Agreement and for twelve (12) months thereafter, the Client shall not directly or indirectly solicit, recruit, or engage any employee or contractor of the Provider.

16.2 The Client shall not use information or relationships gained through this Partnership to approach, recruit, or hire candidates introduced by the Provider for the benefit of any third party, affiliated company, or related entity without the Provider's prior written consent.

16.3 Any breach of this clause shall entitle the Provider to recover the applicable Additional Hire Fee (17% of TRP) for each candidate engaged in breach of this provision.

17. CONFIDENTIALITY

17.1 Both parties agree to maintain strict confidentiality regarding all information disclosed under this Agreement, including but not limited to candidate details, salary information, business strategies, and commercial terms.

17.2 This obligation shall survive termination of this Agreement indefinitely.

18. LIMITATION OF LIABILITY

18.1 The Provider shall not be liable for any indirect, consequential, or special damages arising from this Agreement, including loss of profits, business interruption, or loss of data.

18.2 The Provider's total liability under this Agreement shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim.

18.3 The Provider does not guarantee that any role will be filled within any specific timeframe.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

19.2 Any dispute arising from this Agreement shall first be referred to mediation. If unresolved within thirty (30) days, either party may pursue legal remedies in the courts of New South Wales.

20. ENTIRE AGREEMENT

20.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements relating to its subject matter.

20.2 Any variation to this Agreement must be in writing and signed by both parties.