Terms of Business

Permanent Employment

Effective from January 2025

1. ACCEPTANCE OF TERMS

By instructing Elias Recruitment Pty Ltd (“the Company”) on an assignment or by requesting details on a candidate from the Company directly or via the Legal Talent Pool, the receiving party (the “Client”) accepts these Terms.

2. FEE SCHEDULE

In consideration of the Company providing recruitment services, the Client will pay fees to the Company according to the Fee Schedule below. The minimum fee for any assignment is $5,000 plus GST.  There is no reduction in fee for less than a full-time load. Contracts less than 12 months will be pro-rated.

3. PLACEMENT GUARANTEE

The Company offers a 12-week guarantee for permanent placements (“Placement Guarantee”).

3.1  If a candidate resigns or is lawfully dismissed within the guarantee period, the Company will undertake a new search to fill the same role, with no additional fee provided the assignment remains unchanged and unaltered.

3.2  The Company will endeavour to provide one similar replacement. There is no Placement Guarantee for a replacement candidate. No refunds shall be made. There is no adjustment if the replacement’s salary is either less or more than the original candidate’s salary. If the Client fills the role (whether by themselves or through a third party) the Guarantee is deemed satisfied.

3.3  If the role is unfilled and the Company does not find a suitable replacement within 12 weeks of the candidate leaving, the Company will provide a credit note valid for 6 months from issue. The value of the credit note will be as follows:

3.4  The Placement Guarantee in Clause 3.1 is conditional upon:

a. the Client notifying the Company in writing of the date and grounds for the end of the engagement within 5 working days of the disengagement;

b. the reason for the end of the engagement was not due to a restructure, retrenchment, redundancy, change in agreed compensation/work arrangements at the time of acceptance, office relocation or closure of the Client, or the death or disability, reduction of responsibilities, or change in reporting relationships; and

c. payment of the Placement Fee was received in full within 7 days of invoice and no other fees are overdue.

3.5     Extended Guarantee – if you would like to extend the Placement Guarantee to 26 weeks, the Placement Fee is increased by 50%. This option needs to be requested at commencement of any assignment.

4. TERMS OF PAYMENT

Payment terms are strictly seven (7) days from candidate’s start date. Late payments are subject to 10% p.a. interest calculated each month or part thereof. The Client is liable in full for any fees and costs, including legal costs/ debt collection services for late payment.

5. CANDIDATE INTRODUCTION

Should the Client offer employment or engage directly or indirectly (e.g. referral to a third party) for the role discussed or any other role, the Client will pay the recruitment fee according to the above schedule, provided the candidate was last referred in the 12 months prior to the placement.

6. PROCURING CLAUSE

Should the Company provide a candidate for consideration who has previously applied directly to the Client or is connected on social media or earmarked in some other way, but has not been invited to interview with the Client for the active position(s), the Company will be considered the referring source and will be due a fee should the candidate be hired.

7. EXPENSES

The Company will be responsible for day-to-day expenses associated with this search project. This includes online advertising, reference checking, sourcing software (e.g. Linked in), telephone, mail, and research. Additional expenses e.g. travel will be reimbursed by the Client.

8. ADMINISTRATION FEE

A fee of $2,500 (plus GST) is payable by the Client should you terminate, postpone, change or otherwise not proceed with an assignment once candidates have been referred to you. This fee applies if you engage the Company on an Exclusive, Contingent or Engaged (not Retained) basis.

9. CONFIDENTIALITY / INTELLECTUAL PROPERTY

Any information whether written or oral provided to either party remains strictly confidential, and all intellectual property of the party shall remain theirs.

10. EQUAL EMPLOYMENT OPPORTUNITY

The Company will refer candidates to the Client without regard to any protected attributes including age, disability, race, intersex status, gender identity and sexual orientation.

11. PRE-EMPLOYMENT CHECKS

The Client agrees to satisfy themselves as to the suitability of any candidates and shall take up any references provided by a Candidate before engaging such candidate. The Client is also responsible for checking and obtaining any visa, medical, police or other checks. The Company can assist in obtaining these if required. Any expenses will be reimbursed by the Client.

12. DISCLAIMER

When engaging or employing a candidate, the Client is accepting the responsibility to supervise that candidate, and therefore the resultant accountability for the standard of work performed.  To the extent permitted by law, the Company makes no warranty as to the suitability of any candidate introduced to the Client nor does it accept any liability for any misrepresentation concerning candidates introduced and shall not be liable for any loss (whether direct or indirect loss including economic or consequential loss or otherwise) arising from or in any way connected to the introduction of, or failure to introduce, a candidate to the Client, for the suitability of or any conduct of any candidates referred to the Client. The Company limits its liability with respect to any services to the value of the relevant fee.

13. GOVERNING LAW

This agreement is governed by the laws of New South Wales.

14. CONFLICTING TERMS

In the event there are inconsistencies with terms from the Client or other sources, these terms will take precedence.

 15. AMENDMENT

These terms cannot be amended without the written agreement of the Managing Director of the Company.