terms of business

These terms govern the relationship between the Orex Recruiters (Orex) and its client each time services are provided to a client.

The client agrees to be bound by these terms by doing any of the following:

• signing or otherwise accepting an assignment agreement or proposal,
• approving a media advertisement,
• accepting details of a candidate referred to the client,
• interviewing or meeting with a referred candidate,
• engaging a candidate introduced by Orex,
• paying an invoice from Orex.

A variation to the terms of this agreement will only be valid if it is in writing and signed by Orex and the client.

placement fees

Unless otherwise agreed, placement fees will be calculated as a percentage of the placed candidate's estimated remuneration during the first year of employment with the client. Remuneration includes cash salary, employer funded superannuation, $15,000 for the provision of a motor vehicle (unless a greater vehicle allowance is advised by the client) and any additional benefits or allowances that represent cash salary in alternative forms. If the client expresses remuneration as a total cost to company amount, the fee will be based on that amount.

contingent assignments

Orex will charge a fee for the introduction of a candidate who subsequently accepts an offer of employment. The fee will be invoiced on acceptance of the role by the candidate.

retained and search assignments

Fees are payable as follows:

• Initial fee. One third of the estimated fee will be invoiced when Orex is engaged to carry out the recruitment assignment.
• Progress fee. One third of the estimated fee will be invoiced on acceptance of a short list of candidates. Acceptance of a short list will be deemed to have occurred when a client agrees to interview a candidate from the shortlist.
• Final fee. The balance of the fee will be nvoiced when a candidate commences employment with the client. The final fee will be adjusted where applicable to reflect the successful candidate's final remuneration package.

payment for work performed

The client is liable to pay for all work performed as part of a retained or search assignment. If the client materially changes the specifications for a particular assignment, resulting in the need for Orex to perform further or different work outside the original scope of work required to complete the assignment, the client is liable to pay for all work performed both before and after the change of specification.

other costs and out of pocket expenses

No other costs will be invoiced without the approval of the client. Other costs associated with a search or placement may include press or internet advertising, travel & accommodation or other out of pocket expenses.

invoicing

All invoices are payable within 14 days of the date of the invoice.

replacement guarantee

Placements through the services of Orex are guaranteed from the date of commencement for a period of up to 6 months, unless another term is agreed. The agreed guarantee period will be specified on the placement invoice. The replacement guarantee relates to lack of performance in the role to which the candidate was appointed and does not cover retrenchment, redundancy, assignment to another role or other changed business circumstances. Orex will only replace once under a guarantee.

Placement guarantees are conditional on all the following:

• all invoices for fees or other expenses being paid in full within 14 days,
• Orex being notified within 7 days of the candidate leaving the client's employ or the client becoming aware that the candidate intends to leave the client's employ; whichever occurs first,
• the search for a replacement being substantially the same as for the position being replaced,
• the client exercising the guarantee within 90 days of the candidate leaving the client's employ.

Additional out of pocket expenses and advertising costs are not included in the replacement guarantee. If additional costs are incurred, they will be invoiced.

If the remuneration of the replacement candidate is higher than the original placement, the fee will be appropriately adjusted.

general

It is the client's responsibility to be satisfied as to each candidate's suitability. We confirm that the final employment decision and commitment rests with the client. Orex must respect candidate preferences, and cannot guarantee that a candidate will accept an offer of engagement.

Orex undertakes to maintain confidentiality in all its dealings with clients and candidates. During the course of an assignment we may be privy to confidential information about your company and markets. We undertake not to breach these confidences.

The client must respect the confidentiality of the candidacy. The fact of the candiacy and information about the candidate is provided to the client on the condition that it remains strictly confidential and will not be disclosed to any other party without the approval of Orex.

introduction of candidate

Following the introduction of a candidate by Orex, should the candidate be employed by the client organisation, any other division, related or associated body or employer, a fee based on the scale applicable to the original assignment will be payable by the client to Orex. This applies for a 12 month period from the date the candidate is introduced to the client.

In engaging Orex to conduct a retained assignment you agree to give us exclusive rights to recruit candidates for each position. This means you will notify Orex of any potential candidates who contact your organisation directly or are referred to you by third parties so they can be considered equally in comparison with all other applicants. The full consultancy fee is payable should an internal candidate be appointed, or where an external candidate successfully applies directly to the client or through a recruitment company other than Orex.

If a candidate (or his/her details) is introduced to, or passed on to anyone other than the client to whom Orex introduces the candidate, and that introduction results in the permanent employment or temporary engagement of the candidate, the client is liable to pay Orex the appropriate placement fee in accordance with the original fee that would apply had the client engaged the candidate.

If a candidate referred by Orex introduces another candidate to the client and that introduction results in permanent employment or temporary engagement, the client is liable to pay Orex the appropriate placement fee.

liability of orex

Orex is not responsible 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 out of the introduction of candidates by Orex.

Orex is not responsible for errors, omissions or incorrect conclusions in the details provided concerning candidates. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the candidate for the position or assignment.

The client indemnifies Orex in respect of any claim arising from, or related to:

• any failure or alleged failure of a candidate to duly perform his/her obligations;
• personal injury or death of a candidate or any other person howsoever arising from, or related to the performance by a candidate, and
• damage to any property arising from, or related to the performance by a candidate.

employees of orex

If you offer employment to a staff member of Orex within 6 months of using the services of Orex, then you agree to pay Orex a fee of 25% of the commencing remuneration package of the former Orex staff member.