Terms of Business
This agreement contains the terms on which we “Early Years Talent” offer to supply recruitment services to you, “The Client”. Acceptance of these business terms may be express, implied or by conduct and, without limiting the variety of circumstances that might constitute acceptance, including asking for help to fill a position after you have read this.
We, our or us, refers to “Early Years Talent” a trading name of “The Admin Shop Pty Ltd” ABN 43 651 603 217
1. RECRUITMENT PACKAGE COST AND INCLUSIONS
A one-off fee per candidate inclusive of GST is payable for this service. This fee has been provided to you however, should you need clarification, please do so before submitting these terms. It is understood that by submitting these terms you agree to accept the fee provided.
Unless otherwise stated, in return for the one-off fee, the client will receive:
- One candidate, fully prepared, engaged, and ready for their new permanent (part-time or full-time) or casual role.
- A guarantee period of one calendar months from the commencement date. Further information pertaining to this may be found in section 7.
- Comprehensive 16-point reference check – two professional and one personal (if available)
- We will collate relevant documentation electronically and ensure that this is in order and provided before or at the interview. This documentation may include relevant academic qualifications, Teacher registration with relevant state authority (eg, VIT, NESA), First Aid Certificates, Child Protection/Mandatory Reporting, Working With Children Checks/Blue Cards..
- We also offer to provide x 2 coaching sessions of 45-60 minutes in duration to the candidate once they have commenced. These sessions help with retention and focus on engagement and reflection. All sessions are facilitated by experienced experts from the sector.
2 – SELECTION SERVICES
For 30 days after submitting approval of the terms of business, Early Years Talent will screen applicants via interviewing, reference checking and, if required, psychometric testing (additional cost for this service).
All assessments relating to technical knowledge will be performed to the best of our ability; however we encourage client to always practice due diligence.
3 – AGREEMENT
3.1 The Client will interview (or trial) applicants and make a final hiring decision. Early Years Talent can assist in coordinating interviews and employment offers.
3.2 Early Years Talent must be informed of an outcome within 48 hours following an interview or trial.
3.3 If communication is not made with Early Years Talent for 7 days following an interview, the total amount is payable to Early Years Talent.
3.4 Candidate Acceptance is defined as the Candidate and your Company entering into a verbal or written employment agreement defined by Fair Work Australia.
3.5 The commencement date is the first day the candidate presents themselves to the workplace. This includes any training or induction shifts.
3.6 There is no difference in the quoted fee for part-time versus full-time employment, nor is there a difference in fee for casual vs permanent employment unless otherwise agreed to by both parties.
3.7 A referral made to a client is valid for a period of 12 months from the date of referral. If a candidate introduced by Early Years Talent to the Client does become employed, we must be notified immediately. The full fee must still be paid.
4 – SUITABILITY
4.1 Early Years Talent endeavours to ensure that all candidates introduced to you are suitable for the position. Whilst these efforts are made it is the responsibility and decision of the client to go ahead with employment. At this point it is assumed that the client too finds that the candidate is suitable and capable of carrying out the duties expected.
4.2 Once a referred candidate is engaged by a Client, the Client has sole responsibility for the employee. Early Years Talent has no liability or obligations in respect of the employee, including, without limitation, in respect of the termination of the employee for any reason by the Client.
5 – LIABILITY
5.1 Neither Early Years Talent nor anyone acting on our behalf can accept liability for the accuracy of any information supplied concerning candidates, whether this concerns employment history, qualifications or personal circumstances or any other matter whatsoever.
5.2 Early Years Talent is not responsible for any loss, expense, damage, or delay, however, occasioned. Early Years Talent is not liable for any injury, loss or damage to persons, property or business arising directly or indirectly from any act or omission of the candidate or Early Years Talent even if the act or omission is negligent or fraudulent or reveals dishonesty.
5.3 The Client indemnifies Early Years Talent in respect of any claim arising from or related to:
5.3.1 Any failure or alleged failure of a Candidate or Temporary to duly perform his/her obligations;
5.3.2 Personal injury or death of a Candidate or Temporary or any other person howsoever arising from, or related to the performance by a Candidate or Temporary of his/her obligations; and
5.3.3 Damage to any property arising from or related to the performance by a Candidate or Temporary of his/her obligations.
6 – PAYMENT
6.1 An invoice is sent electronically on confirmation of employment. Standard payment terms are within 28 calendar days from the candidate commencing. The invoice contains complete banking information to enable an electronic funds transfer to our CBA account.
6.2 Payments by American Express, MasterCard or Visa may attract an additional fee.
6.3 A 10% discount is provided for payments received within 14 calendar days from the candidate’s commencement date or a 12.5% discount is provided for payments received within 48 hours of contract signing.
Early Years Talent will confirm your intention prior to candidate commencement and invoice you accordingly.
6.4 Overdue payments attract a payable interest element of .08% calculated daily on outstanding amounts.
6.5 Should Early Years Talent be forced to take legal action to recover any debt, a Debt Recovery Fee of 10% of the invoice value will apply. Early Years Talent will also be entitled to claim Court Costs and any associated legal fees. Any legal matter arising out of non-payment of any invoice will be dealt with in the state of Victoria Court System.
7 – GUARANTEES
7.1 Early Years Talent provides a guarantee of one calendar months for each candidate unless otherwise stated. This period begins from the commencement date of paid employment (including training and or induction if performed separately).
7.2 The guarantee period for Early Childhood Educator (Diploma or Cert III) is one months and Early Childhood Teacher (Degree or above) is three months.
7.3 If during this time, the candidate does not work out or leaves prematurely, we will replace the candidate as fast as possible for no further charge, one time. The only condition to this is that the the full extent of the law must be abided to throughout the duration of the employment, eg salaries paid timely, workplace is safe and meets reugulations etc.
7.4 In the event that employment is terminated, we will work as fast as possible to find someone with at least the same level of qualification, salary expectation and general level of experience. If two options of this nature are referred and both are refused, we consider that our obligation is fulfilled.
7.5 In the case of an employer mistreating the employee, withholding pay or behaving in a way that constitutes breaking employment law then the guarantee becomes forfeited.
7.5 Our obligation to provide a replacement only exists if the account has been settled in full by the due date. If an amount is outstanding to us or there is a lapse in payment by the due date, the replacement clause ceases to exist.
7.6 If, after a period of three months following the termination and subsequent request and if a replacement can not be found, we can consider a partial refund of any fees paid. This calculation is based on the total fee X days worked as a percentage of the total days expected to work in the guarantee period.