1. Conditions under which these Terms and Conditions Apply
    1. By signing this agreement, the Client authorises Blue Diamond Recruitment to undertake and be remunerated for successful placement of one or more permanent employees. Also, acceptance of any resume supplied upon request by the Client effectively engages these terms of business should you proceed with the candidate’s application to your company.
    2. The Client will be regarded as having agreed to all of these terms and conditions if you:
      1. interview a person for employment who we introduce to you; or
      2. employ or engage a person we introduce to you; or
      3. refer a person we introduce to you to a third party who then employs or engages that person.

      This applies in relation to any person we introduce to you within 12 months prior to the date of that person’s interview, employment or reference with you.

    3. Any additional products or services purchased by the Client will be covered in a separate statement of work between the Client and Blue Diamond Recruitment.
  2. Definitions
    For the purposes of this Agreement:

    1. A “Candidate” is any prospective permanent employee that we offer for a position with you in relation to an assignment or role you have provided to us.
    2. The “Client” is the company seeking to engage Blue Diamond Recruitment for the purposes of hiring a prospective employee under this Agreement.
    3. ”Recruitment Fees” means the fees set out in section 10 below.
  3. Payment of Fees
    1. Recruitment Fees become payable by the Client to Blue Diamond Recruitment when you:
      1. employ or engage a person we introduce to you; or
      2. refer a person we introduce to you to a third party who then employs or engages that person.
    2. Recruitment Fees apply in relation to any person we introduce to you within 12 months prior the date of the employment or engagement.
    3. Recruitment Fees are payable within 14 days of invoice which will be issued at the point of successful placement.
    4. If the Client’s hiring decision is deferred, Recruitment Fees are due and payable if any candidate referred by Blue Diamond Recruitment is employed by You, in any position, within twelve (12) months of the initial introduction.
  4. Termination of Assignment
    1. Any payments due and outstanding at the time of termination will become immediately payable.
    2. By briefing Blue Diamond Recruitment to fill a role, we incur certain costs including advertising, administration, and consultants’ time. In the event the assignment is cancelled or filled through alternate means including another agency or an internal candidate, the Client agrees to pay a cancellation fee of $2,500 (+GST). This does not apply for retained assignments.
  5. Replacement Guarantee
    1. Should the engagement of any Candidate terminate up to three months (12 weeks) from the date of commencement, Blue Diamond Recruitment will endeavour to seek a replacement Candidate at no extra cost to the Client on the condition that:
      1. the first Candidate leaves not due to any restructuring or redundancy measures; and
      2. 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 Blue Diamond Recruitment.
      3. the request to replace the Candidate is given exclusively to Blue Diamond Recruitment;
      4. the original job description and assignment specification does not alter; and
      5. there is not an unreasonable delay by the Client in instructing Blue Diamond Recruitment to source the replacement Candidate
    2. Blue Diamond Recruitment reserves the right not to replace the original candidate if employment ceases for reasons beyond Blue Diamond Recruitment’s control such as redundancy, restructuring, economic circumstances, change of management or substantial change from original job description; or employer misconduct which includes sustainable allegations of sexual harassment, discrimination, misrepresentation of the position, failure to provide safe working conditions or unfair dismissal.
    3. Replacement Candidates provided under this Clause. 5.1. 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 Blue Diamond Recruitment but not completed.

    Note that this guarantee only applies to the first Candidates’ engagement, not to that of any subsequent replacements.

  6. Liability for Candidates
    1. Whilst Blue Diamond Recruitment will take all reasonable measures to ensure the selection of quality Candidates, we are not liable for any acts or omissions of by the Candidates themselves and hence accept no liability for any loss or damage, or other costs irrespective of how they are caused, which you may suffer or for which you may become liable arising out of, or in connection with the introduction of the Candidate to your organisation or the Candidate’s subsequent employment with your organisation.
    2. We give no warranty (either expressed or implied) in respect of any Candidate introduced, and accept no liability for any failure of a Candidate to perform or to comply with his/her terms of employment for any loss, expense, damage or delay how so ever arising from the introduction of the Candidate to the Client or from his/her engagement by You.
    3. Insofar as we or any Candidate provides details of a Candidate’s medical history, present state of health, previous terms and conditions of employment, names and addresses of previous employers, periods of employment, circumstances in which previous employment terminated, criminal convictions, personal details, ability to work in Australia, visas, work permits, qualifications or education generally, we shall have no liability for any loss damage or cost related to the fact that such details are found to be incorrect or misleading.
    4. Except as required under the current Trade Practices Act we make no representations and give no warranties expressly or impliedly and to the suitability of a Candidate for a particular position. The offer of employment to a Candidate and the consequences thereof following the introduction of that Candidate by the Client are entirely at the Client’s own risk.
  7. Confidentiality
    1. All personal information provided to the Client is provided on a strictly confidential basis and must not be disclosed to any third party without the consent of Blue Diamond Recruitment. The Client agrees to comply with the Privacy laws and not to use such information except to the extent necessary to assess the suitability of a candidate for permanent employment.
    2. All information supplied by the Client to Blue Diamond Recruitment will be kept strictly confidential and will not be disclosed to a third party without the Client consent.
  8. Amendment
    1. These Terms and Conditions may not be amended or supplemented except in writing by a representative of Blue Diamond Recruitment.
  9. Governing Law
    1. These Terms and Conditions shall be governed by the Laws of the state or territory where the Candidate is to be employed.
  10. Recruitment Fee Schedule
      1. All successful permanent placements will be billed to the Client as a percentage of their total annual remuneration package including superannuation.
      2. Where a Candidate is placed in a Permanent role on a part-time basis the salary for calculating the placement fee will be on the basis of a full-time equivalent salary.
      3. If the Client wishes to employ a temporary staff member on a permanent basis, our standard pricing schedule will apply on the first year’s annual package.

Terms and Conditions