Terms of Business

Horizon One Recruitment Pty Ltd ABN 98 129 885 838 (HorizonOne) provides recruiting services for Clients.

1. Definitions
   1. Assignment: The task of finding a suitable Candidate for a Client.
   2. Candidate: Person who has given permission to HorizonOne to forward their details in order to be considered for engagement or employment by the Client or to provide services to the Client, either directly or through a management company, HorizonOne or other third party, and who may (or may not) accept employment or an engagement with the Client.
   3. Client/Host: Organisation or person who has engaged HorizonOne to provide services in accordance with these Terms of Business.
   4. Worker: A Candidate who is engaged or employed by the Client, or provides services to the Client, in any capacity in accordance with these Terms of Business and/or in any way via HorizonOne.
   5. Exclusive Assignment: HorizonOne is the only organisation recruiting for the particular role. Any person employed in the role (whether they are sourced by HorizonOne, referred through the client’s network or otherwise) shall be deemed to have been a HorizonOne Candidate. We recommend that candidates originating from all sources including client referrals, be put through HorizonOne’s process to ensure consistency of candidate comparison.
   6. Hourly Rate Worker: A Candidate who provides services to the Client, via HorizonOne, for whom the Client pays HorizonOne an hourly rate.
   7. Scribe Worker: A Candidate who provides services to the Client for the specific purposes of a casual scribing assignment, for whom the Client pays HorizonOne an hourly rate.
   8. Non-Ongoing Worker: A Candidate engaged or employed by the Client, for whom the Client pays a placement fee in relation to a fixed period of engagement or employment.
   9. Permanent Placement: A Candidate engaged or employed by the Client, for whom the Client pays a placement fee for a full twelve months as this is an on-going role.
   10. Salary Package: The full time annual salary for the position being filled including all superannuation) and other entitlements, if applicable. Where the incentives included in the Salary Package are greater than 20% of the total package, then they will be included (valued as if they were 100% achieved).
   11. Refer: The supply of Candidate information to a person or organisation.
2. Acceptance of these Terms of Business
   1. These Terms of Business will be deemed accepted by the Client by;
      1. Signing this document; and/or
      2. Electronic acceptance of these terms; and/or
      3. Accepting the CV or profile of a Candidate who has been introduced to the Client by HorizonOne; and/or
      4. Interviewing a Candidate introduced by HorizonOne at any time in the 12 months prior to engagement of that Candidate;
      5. Engaging or employing a Candidate introduced by HorizonOne at any time in the 12 months following the introduction.
3. Variation
   1. These Terms of Business may not be varied unless by mutual agreement confirmed in writing by HorizonOne.
4. Permanent (ongoing) placements
   1. Fees for permanent placements
      1. The Client shall pay the placement fee calculated in accordance with these Terms of Business. Placement fees for a permanent role are calculated as a percentage of the successful Candidate’s Salary Package as set out in Schedule 1. Where a fixed fee is agreed for an Exclusive Assignment, this amount shall be the placement fee and will be confirmed in writing by HorizonOne.
      2. Ancillary costs and services such as: press advertising; premium internet advertising; Candidate skills and psychological testing; out-placement services; and police and security checks may be provided by HorizonOne with the authority of the Client. The Client shall pay the fees for these services regardless of the outcome of the recruiting Assignment. HorizonOne reserves the right to invoice the Client when these costs are incurred.
   2. Invoicing for Permanent Placements
      1. Permanent placement fees will be invoiced following formal acceptance of the position by the Candidate, unless otherwise agreed.
      2. Permanent placements are typically invoiced at the milestones set out in Schedule 2.
   3. Payment for Permanent Placements
      1. Payment terms are strictly 14 days from date of invoice. The Replacement Guarantee is only valid if all invoices are paid in full within 14 days of the date of invoice. Where payment of an invoice is late, HorizonOne reserves the right to withhold services and to charge a late payment fee of the NAB Business Options Prime Rate plus 3%, calculated on the outstanding balance on a compounding monthly basis.
   4. Replacement Guarantee for Permanent Placements
      1. HorizonOne will endeavour to find a replacement candidate at no additional recruitment fee should a Candidate leave their employment within 3 months of commencement where:
         1. The Client causes the successful Candidate to leave their employment due to the Candidate’s lack of performance (measured against the original agreed job description); or
         2. The Candidate chooses to leave their employment for any reason except where the work they are required to perform is not substantially the same as the original agreed job description, or through any illegal or unreasonable behaviour of the Client.
      2. This Replacement Guarantee is subject to HorizonOne having the replacement Assignment as an Exclusive Assignment for not less than 8 weeks.
      3. Any specific on-costs (such as advertising, Candidate testing etc.) agreed with the Client and incurred by HorizonOne in the replacement will be on-charged to the Client.
      4. Only one Replacement Guarantee applies for each permanent placement, i.e. there is no Replacement Guarantee on a replacement Candidate.
      5. Should HorizonOne be unsuccessful in replacing the Candidate after 8 weeks, then the placement fee will be available to the Client as a credit for six months, so long as the Client has not been unreasonable in filling the role. Such a credit may be applied toward future placement(s) of permanent or Non-Ongoing Worker roles.
5. Worker Placements
   1. Fees, Invoicing and Conditions for Worker Placements
      1. Fees for Hourly Rate and Scribe Workers
         1. The fees for Hourly Rate/Scribe Worker placements are calculated as:
            Hourly Rate/Scribe Worker placement fee = Number of hours worked x agreed hourly rate.
         2. Overtime or weekend work will only be undertaken where there is an explicit agreement between the Client and HorizonOne to do so. In all cases the agreed hourly rate for an Hourly Rate Worker will be multiplied by the relevant award loading for overtime, weekend work etc. Allowances payable will be on-charged to the Client as applicable. Please note, scribe contractors often choose to work outside normal hours to complete reports and other deliverables and no overtime is applicable unless previously agreed with the client.
         3. The Client shall pay the Hourly Rate/Scribe Worker fee calculated in accordance with these Terms of Business if a Worker who is referred by HorizonOne is engaged or employed by HorizonOne to provide services to the Client or any organisation to which the Client has referred the Worker.
         4. The hours worked by the Worker are to be documented on timesheets that will be periodically (usually fortnightly) presented to the Client for approval. The signature of the Client’s representative on the timesheet indicates the Client’s agreement with the validity and accuracy of the information on the timesheet. Noting scribe worker hours will include reasonable time for coordination of the scribing processes.
         5. In the case of hourly rate contracts, the Client shall either approve (if the Worker has been available to work where required by the Client for the hours shown on the timesheet) or reject (for documented valid reasons) timesheets and return them within 24 hours of presentation to the Client. Scribing timesheets are approved inhouse by our Scribing & Campaigns Team. For bulk scribing processes where multiple scribing workers are involved, the timesheets will be approved by the scribing team in the first instance and a summary of services will be sent to the client with the invoice for reconciliation. Any timesheet that is not approved or rejected within 24 hours may be deemed approved, at the discretion of HorizonOne.
         6. Where the on-costs related to the Worker increase due to legislative, industrial, insurance premium increases or similar reasons or the Worker is paid more due to increased duties or responsibilities, HorizonOne reserves the right to increase the charge rate to the Client by a proportionate hourly amount.
         7. Should an Hourly Rate Worker transfer to becoming a Non-Ongoing Worker or a Permanent Placement the same method used for calculating non-ongoing worker placement fees shall be used to calculate a new fee amount. This fee will be capped at twelve months (52 weeks) from the initial commencement date of the Worker with the Client.
      2. Scribe Worker Conditions
         1. Rates vary within a range based around the availability and seniority of scribes carefully matched to the Client’s specific requirements. Wherever possible HorizonOne will seek to provide a quoted estimate based on the Client’s specific circumstances. The quoted costs are estimates only and assume minimum time allocated to each component. Actual costs will be dependent on variables including, but not limited to, the actual number of interviews; length of the interview process; complexity of reference checks and availability of referees, and; complexity of the selection report.
         2. Minimum charge of 3 hours where a scribe is required at the client’s premises.
         3. Individual estimated quotations can be provided upon request for larger recruitment processes, such as national programs, bulk rounds and Graduate Recruitment campaigns.
      3. Invoicing for Hourly Rate/Scribe Worker Placements
         1. Fees for the services provided by Hourly Rate Workers will be invoiced fortnightly. Fees for the services provided by Scribe Workers will be invoiced upon completion and approval of hours. Invoices will include fees for all approved hours and where the Worker works under an award, the Worker’s entitlements (such as overtime rates and meal allowances).
      4. Fees for Non-Ongoing Workers
         1. The fee for Non-Ongoing Worker placements is calculated as follows:
            Non–Ongoing Placement Fee = Salary Package x Permanent Placement Fee Percentage x (weeks of engagement ÷ 52 weeks)
         2. The fees for Non-Ongoing Worker placements are capped at an engagement period of 52 weeks.
      5. Invoicing for Non-Ongoing Worker Placements
         1. The placement fees for Non-Ongoing Worker will be invoiced following formal acceptance of the position by the Candidate, unless otherwise agreed. Invoices will be issued based on the above method of calculation on agreement for each contract extension up to a composite period of 12 months from commencement. Candidates who leave before completing 12 months service, and return to the Client will continue to be subject to placement fees.
         2. Should a Non-Ongoing Worker’s engagement be extended, the placement fee shall be adjusted in accordance with the Permanent or Non-Ongoing Placement Fees in these Terms of Business (whichever is appropriate).
      6. Payment for Worker Placements
         1. Payment terms are strictly 14 days from date of invoice. The Replacement Guarantee for Hourly rate/Non-Ongoing Worker placements is only valid if all invoices are paid in full within 14 days of the date of invoice. Where payment of an invoice is late, HorizonOne reserves the right to withhold services and to charge a monthly interest charge of the NAB Business Options Prime Rate plus 3%, calculated on the outstanding balance on a compounding monthly basis.
   2. Replacement Guarantee for Worker Placements
      1. Hourly Rate Worker:
         Should the Worker leave for any reason, HorizonOne will endeavour to replace the Worker. The replacement Worker may be charged to the Client at a different rate if the replacement Worker is paid at different rate to the original Worker.
      2. Non-Ongoing Worker:
         The terms of the Replacement Guarantee for a non-ongoing role are as per the Replacement Guarantee for a permanent role, including the right to have the task as an Exclusive Assignment for not less than 8 weeks. The Replacement Guarantee amount will be calculated for the period of time remaining in the contract. Where the Candidate is replaced, this amount will be applied as a credit to the contract for the replacement Candidate. Where the Candidate is not replaced, this amount will be applied as a credit to the Client account as per the Replacement Guarantee for a permanent role.
   3. Work Place Health and Safety (WH&S) for an Hourly Rate/Scribe Worker
      1. The Client must provide a safe working environment, a safe system of work and safe equipment for the Worker at all times. It is the sole responsibility of the Client to provide the Worker with any induction, training, information, equipment or supervision required to ensure the Worker is able to carry out their work in a safe and healthy manner including as required by the Work Health and Safety Act 2011 (ACT). The Client is responsible for ensuring the Worker is aware of and complies with the WHS Act and the Client’s own policies and procedures.
   4. Client as a Host of an Hourly Rate Worker
      1. Where the Client is acting as a Host by engaging a Worker through HorizonOne, the Client must:
         1. Abide by all relevant industrial awards or agreements and legislation including the Work Health and Safety Act 2011 (ACT), the Discrimination Act 1991 (ACT), the Privacy Act 1988 (Cth), taxation laws, and any other relevant policies, regulations, legislation or practices
         2. Maintain all required insurances including workers compensation, public liability, professional indemnity insurance and cyber insurance
         3. Appropriately induct, supervise, direct and monitor the Worker(s)
         4. Pay a minimum of three hours for any one work attendance (other than sickness or like of Worker)
         5. Advise HorizonOne within three working days of any material change in the duties, conditions or working location of the Worker(s)
         6. Allow access to the workplace to HorizonOne with reasonable notice for the purposes of WH&S review and HorizonOne employee maintenance
6. Direct Employment/Engagement by the Client
   1. Following Introduction of a Candidate to the Client
      1. If the Client or any organisation affiliated with the Client or whom the Client has referred the Candidate to, employs or engages the Candidate in any capacity within a period of 12 months from the last day of the HorizonOne Recruitment Assignment, then:
         1. If the Candidate is employed as a staff member a permanent placement fee will be paid by the Client at the current HorizonOne Terms of Business.
         2. If the Candidate is employed on a contract basis the appropriate worker placement fee shall be paid by the Client as per the current HorizonOne Terms of Business.
      2. This includes situations where a Candidate is employed within a large Client, such as a large Government Department, where the Candidate is, result of the HorizonOne introduction, employed in other Divisions/Branches. The Client will ensure they notify HorizonOne of the engagement of any Candidate who is engaged within 12 months of being introduced by HorizonOne to the Client.
   2. Direct Employment/Engagement of Workers by the Client (Release Fees)
      1. If the Client employs or retains the services of a Worker outside of operation of this Agreement in any capacity whatsoever, or refers the Worker to any third party for employment during an assignment or within twelve months of the cessation of an assignment, the Client agrees to:
         • Notify HorizonOne; and
         • pay HorizonOne a release fee within 7 days of the date that HorizonOne becomes aware of the placement.
      2. In the event that the salary cannot be accurately established, the fee will be 150 times the hourly rate at which the Worker was last supplied to the Client by HorizonOne.
7. Cancellation by Breach
   1. If the Client does not abide by these Terms of Business HorizonOne reserves the right to, among other things, terminate the agreement immediately and withdraw any Candidate placed with the Client without notice or penalty.
8. Privacy and Confidentiality
   1. HorizonOne support the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). All information provided to the Client regarding Candidates has been approved by the Candidate for the sole purpose of determining the suitability of the Candidate for employment or engagement by the Client. The Client will keep this information confidential and will not use or retain the information for any purpose other than that stated above. The Client indemnifies HorizonOne from any loss or damage as a result of a breach or claimed breach by the Client of any privacy obligations.
   2. HorizonOne agree to keep confidential any information provided by the Client which is marked as confidential and which HorizonOne did not already possess and is not available in the public domain.
   3. The Client explicitly agrees to conduct reference checks on the Candidate only after receiving approval from HorizonOne.
9. Liability and Indemnity
   1. HorizonOne will use their best endeavours to refer suitable candidates to the Client based on the information provided by the Client and the Candidate.
   2. HorizonOne do not make any warranty or guarantee regarding the accuracy of the information supplied in relation to Candidates or the suitability of the Candidates.
   3. HorizonOne does not provide any guarantee whatsoever that any the Candidates referred to the Client will be available to accept or will accept an offer of engagement or employment from the Client.
   4. The decision to employ a Candidate is solely made by the Client. HorizonOne is not liable for any loss, damage or expense suffered by the Client that has arisen or arises from any act, omission or misconduct of a Candidate or that is incurred as a result of HorizonOne’s failure to perform or provide the services of the Assignment.
   5. By accepting these Terms of Business, the Client agrees to indemnify HorizonOne in respect of all loss and damage of HorizonOne caused by acts or omissions of the Client or Candidate or incurred in connection with the Assignment and/or the Candidate’s engagement.
   6. By accepting these Terms of Business, the Client also agrees to indemnify HorizonOne in respect of any liability to the Client and/or any third party for loss and damage, including for personal injury, caused by acts or omissions of the Client or Candidate or incurred in connection with the Assignment or the Candidate’s engagement.
   7. It is the responsibility of the Client to ensure adequate insurance coverage in connection with the Candidate including workers compensation insurance, public liability insurance and professional indemnity insurance.
10. Termination of Assignment
    1. A Client may terminate an Assignment by giving 3 business days’ notice in writing. If a Client terminates an Assignment:
       1. Privacy and Confidentiality obligations continue to apply to both the Client and HorizonOne
       2. Where significant work has been performed in good faith by HorizonOne, and the Client withdraws the role through no fault of HorizonOne, HorizonOne reserves the right to charge an administration fee up to $1,500 plus GST
       3. Unpaid invoices are still payable, and invoices may be raised for all milestones that have been achieved
       4. In the case of an Exclusive Assignment HorizonOne may invoice for the proportion of work completed to the next invoicing milestone
       5. Employment of referred Candidates within 12 months of referral from the period of submission will still incur the appropriate placement fee.
    2. For a Scribe Worker, a Client may terminate an Assignment in writing, no less than 24 hours prior to the commencement of the Assignment otherwise a minimum callout fee for a scribe’s onsite attendance of 3 hours will be charged.
11. Goods and Services Tax
    1. If Goods and Services Tax (GST) is payable on any of the services provided under these Terms of Business it will be added at the current rate to all invoices in addition to the calculated fee.
12. Currency
    1. All relevant fees and charges prescribed by and payable to HorizonOne are based upon Australian Dollars (AUD).
13. Invoice Payments via Credit Card
    1. All payments processed via a Credit Card will attract a processing charge of 2%.
14. Debt Recovery
    1. The Client agrees that any payment due and owing to HorizonOne in accordance with these Terms of Business, including any amounts devised with reference to clause 6, Direct Employment/Engagement by the Client, are recoverable by HorizonOne as a liquidated debt.
15. Applicable Law
    1. The law applicable to these Terms of Business is the law of the Australian Capital Territory.
16. Schedule