1. Engagement

These Terms of Business (“Terms”) are concerning Bukhari International Pty Ltd (Trading As “Bukhari Consulting”), ABN 49652365529 (“we/us/our”) and yourself, when you accept our services as our client (“you/your”).

These Terms will apply to candidates offered by us to you (“candidates(s)”).

You will be regarded as having agreed to these Terms if you:

(a) sign these Terms; or

(b) give us written or verbal instructions to provide candidate(s); or

(c) interview a candidate we provided to you; or

(d) employ or otherwise engage a candidate we provided to you; or

(e) refer a candidate we provided to you to a third party who then employs or otherwise engages that candidate.

These Terms must be read in conjunction with an appendix letter (if provided by us) and/or our written confirmation that outlines the details of our engagement, type of assignment you have requested and other relevant information pertaining to that particular engagement (“Engagement Letter”).

We provide recruitment services relating to the employment of staff (Permanent Recruitment) and fixed term contracts (Fixed Term Recruitment).

2. Permanent Recruitment

2.1 Notification

You agree to notify us immediately in writing if a candidate provided by us accepts your offer of permanent employment.

2.2 Your Employee

Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia for:

(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and

(b) All of the obligations of an employer, including but not limited to obligations under the Fair Work Act 2009 (Cth) or relevant state industrial legislation (Employer Obligations), in relation to that candidate.

2.3 Fees and Payment

(a) You must pay us fees relating to Permanent Recruitment (Perm Fee) in accordance with these Terms, unless otherwise specified in a relevant Engagement Letter. The Perm Fee payable is calculated based on an agreed percentage of a candidate’s annual commencing salary package. Annual commencing salary will be taken to include cash salary, superannuation, allowances, guaranteed bonuses and commissions, and non-cash benefits, which form an integral part of the remuneration package. The provision of a motor vehicle will be valued at the cashed-out equivalent of the vehicle.

(b) The Perm Fee is payable whether you engage us on a retained or exclusive or standard bases.

i. Retained assignment: Retained assignment services require an exclusive agreement where you will pay us in three stages as detailed in the Retained Assignment document. The Retainer Fee is payable within 7 days from the date of issue of the relevant invoice.

ii. Exclusive basis: If you agree to engage us on an exclusive basis you agree to only brief us and not to accept introductions of candidates in any form from other external suppliers and the Engagement Fee is payable in accordance with Clause 2.3(b)(i) within 7 days from the later of: A) date of the retainer of B) issue of the relevant invoice.
Please note that when we are engaged on an exclusive basis, a cancellation fee of 5% of the budgeted first year salary package (inclusive of superannuation) will apply to any role that is cancelled by the client after first stage interviews are conducted by the client.

iii. Standard basis If our engagement by you is non-exclusive, our fees are payable in accordance with Clause 2.3(c).

(c) You acknowledge that you must pay us the Perm Fee when an offer is made to and accepted by a candidate. Our invoice for the Perm Fee will be issues to you after the date the candidate is to commence their employment with you and is payable within 14 days of the date of issue.

(d) Part-time Permanent Recruitment placements will not be pro-rated and will be charged at the same rate as full-time Permanent Recruitment placements.

3. Permanent Recruitment – Split Payments

3.1 Notification
You agree to notify us immediately in writing if a candidate provided by us accepts your offer of permanent employment.

3.2 Your Employee

Any candidate employed by you in accordance with these Terms is your employee and you are responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia for:
(a) All of the entitlements of the candidate, including but not limited to payment of salary, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and
(b) All of the obligations of an employer, including but not limited to obligations under the Fair Work Act 2009 (Cth) or relevant state industrial legislation (Employer Obligations), in relation to that candidate.

3.2 Fees and Payment
(a) You must pay us fees relating to Permanent Recruitment – Split Payments (Split Fee) in accordance with these Terms, unless otherwise specified in a relevant Engagement Letter. The Split Fee payable is calculated based on an agreed percentage of a candidate’s annual commencing salary package. Annual commencing salary will be taken to include cash salary, superannuation, allowances, guaranteed bonuses and commissions, and non-cash benefits, which form an integral part of the remuneration package. The provision of a motor vehicle will be valued at the cashed-out value of the vehicle.

(b) The Split Fee is payable whether you engage us on a retained or exclusive or standard basis.
                i. Retained assignment: Retained assignment services require an exclusive agreement where you will pay us in three stages as detailed in the Retained Assignment document. The Retainer Fee is payable within 7 days from the date of issue of the relevant invoice.

3. Exclusive basis: If you agree to engage us on an exclusive basis you agree to only brief us and not to accept introductions of candidates in any form from other external suppliers and the Engagement Fee is payable in accordance with Clause 3.3(b)(i) within 7 days from the later of: A) date of the retainer of B) issue of the relevant invoice.
   Please note that when we are engaged on an exclusive basis, a cancellation fee of 5% of the budgeted first year salary package (inclusive of superannuation) will apply to any role that is cancelled by the client after first stage interviews are conducted by the client.
   iii. Standard basis If our engagement by you is non-exclusive, our fees are payable in accordance with Clause 3.3(c).
   (c) You acknowledge that you must pay us the Split Fee when an offer is made to and accepted by a candidate. Our invoice for the Split Fee will be issued to you on the day the employee is to commence employment with you and on the same day each month until full payment is made. All invoices are payable within 14 days of issue.

(d) You acknowledge that the Split Fee will:
           i. For Split Fee’s that total less than $25,000, the total fee will be payable in 6 equal monthly payments, with invoices issued on the day the employee is to comment employment with you and on the same day each month until full payment is made.
          ii. For Split Fee’s that total more than $25,000, the total fee will be payable in 12 equal monthly payments, with invoices issued on the day the employee is to commence their employment with you and on the same day each month until full payment is made.
        iii. In the event that the employment contract is terminated during the payment period, no further payments beyond the amounts already paid shall be due from the Client.
(d) Part-time Permanent Recruitment – Split Payments will not be pro-rated and will be charged at the same rate as full-time Permanent Recruitment – Split Payments placements.
(e) There is no guarantee period for Permanent Recruitment – Split Payments.

4. Fixed Term Recruitment

4.1 Engagement
We will only consider Fixed Term Recruitment (Fixed Term) requests for periods of thirteen (13) weeks or more. Fixed Term contracts of 12+ months will be calculated at permanent rates.
4.2 Your Employee
Any candidate employed by you under Fixed Term is your employee and you are responsible for the Employee Entitlements and Employer Obligations as set out in clause 2.2 in relation to that candidate.
4.3 Fees and Payment
(a) You must pay us as fee (Fixed Term Fee) which will be calculated as a percentage of the candidate’s annual commencing salary (or annualised equivalent) in accordance with the fee schedule below.

For example, the fee for a candidate with a salary of $120,000 p.a. on a 10 month contract will be
$120,000 x 10/12 x 20% = $20,000

(b) If the term of the Fixed Term is extended by you, additional fees will be payable. In the event that the contract exceeds 8 months, the entire fee will be calculated at the reduced rate of 20%, and the difference will be payable.

(c) Our Fixed Term Fee must be paid within fourteen (14) days of the date of invoice.

(d) There is no guarantee period for Fixed Term Recruitment.

5. Replacement Guarantee

(a) Our Replacement Guarantee period for Permanent Recruitment is 12 weeks from the candidate’s start date.

(b) The Replacement Guarantee means that we will use our reasonable commercial endeavours to find a replacement candidate for the position and it will only apply if:

i. You have paid our fees in accordance with the Terms; and

ii. Your request to replace the candidate is given to use within one (1) week of the candidate’s termination; and

iii. Your request to replace the candidate is given to us exclusively and in the case of Permanent Recruitment for not less than one (1) month following your request; and

iv. The original job specification is unchanged; and

v. In the case of Fixed Term assignment is for 52 weeks of more.

(c) The Replacement Guarantee will not apply:

i. If the termination is the result of a change in the job specification, your structure, operations or workplace conditions; or

ii. If you engaged a candidate through us in a temporary capacity in accordance with our Fixed Term Recruitment prior to accepting a position under our Permanent Recruitment; or

iii. To replace candidates placed with you in accordance with this Replacement Guarantee.

(d) If the remuneration package of the replacement package differs from the original candidate, the amount invoiced will be adjusted accordingly.

(e) You may not transfer the Replacement Guarantee to any other placement or service provided by us.

6. General Provisions

6.1 No Warranties and Indemnities

(a) Although we will conduct interviews and submit details of candidates’ we believe are appropriate to the job specification you provide; we make no warrant as to the suitability of any candidate to a particular position. You are responsible for ensuring the candidate is suitable to the position to which they are appointed.

(b) Notwithstanding any other provision of these Terms, we are not liable for any loss suffered by you arising from the introduction of any candidate, any delays in the recruitment process, any errors, omissions or inaccuracies in the information provided to us by third parties, including (but not limited to) information as to a candidate’s qualifications and experience and information contained in a candidate’s reference, the failure of a candidate to accept an offer of employment, the failure of a candidate to perform their obligations under your employment or control, or any actions or omissions of a candidate. We shall have no liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or on any other legal or equitable basis) to you for loss of use, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss. Otherwise, our maximum aggregate liability (whether for breach of contract, under indemnity, negligence, common law, tort, equity, under statute or in restitution, or in any other legal or equitable basis) to you is limited to the fees paid to us by you.

6.2 Candidate Ownership

(a) If you choose to interview a candidate offered by us to you or on refer such candidate to a third-party then you acknowledge that the candidate has been provided by us subject to these Terms, and that any previous interaction, communications or employment relationships have no bearing on our introduction or the fees payable according to these Terms.

(b) If you interview a candidate and then within the following twelve (12) months:

i. Employ that candidate in permanent work, then the Terms relating to Permanent Recruitment as indicated in Clause 2 will apply. These include (but are not limited to) the fees payable for Permanent Recruitment services.

ii. Engage that candidate on a contract, then the Terms relating to Fixed Term Recruitment as indicated in Clause 3 will apply. These include (but are not limited to) the fees payable for Fixed Term Recruitment services.

(c) A fee (at our standard rates current at the time) will also be payable by you if you refer a candidate provided by us to another party who subsequently employs or otherwise engages that candidate.

(d) Our entitlement to a fee will continue for a period of twelve (12) months from the date we provided the candidate to you, or the date the candidate completed an assignment with you, whichever is the later.

6.3 Confidentiality and Privacy

(a) Introductions made by us are confidential, and you may not disclose to any other party any information relating to the introduction, the candidate or their subsequent employment without our express written consent.

(b) You agree to comply with the provisions of the Privacy Act (Cth) 1988 regarding the use of personal information except for the purpose of considering a candidate for an assignment.

6.4 Goods and Services Tax

Unless otherwise noted, all feed (including advertising and expenses) quoted by us and payable under these Terms are exclusive of GST, which we will add to our invoice at the prevailing rate.

6.5 Default Interest

If you fail to pay any amount payable under these Terms on the due date for payment, you must pay interest on the amount unpaid at the interest rate of 8% per annum. Interest is payable in respect of the period from the due date for payment until the actual date of payment of that amount.

6.6 Variation

This Agreement may only be amended or supplemented in writing signed by the Parties.

6.7 Severability

Any provision in these Terms are invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being served to the extent of the invalidity, or unenforceability, without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

6.8 Governing Law

These Terms are governed by the laws of the State of Victoria. Each Part irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.