Terms & Conditions

Salt Australia T&C’s

Salt helps clients find exceptional talent to enable their digital transformation. If a client engages any candidate, standard Salt terms will apply.

GENERAL CONDITIONS

Permanent Placements and Temporary, Contract and Special Project Placements:

These terms and conditions (Terms) constitute the entire agreement between Salt Search Pty Ltd (167 925 180) (Salt) and any client of Salt, its subsidiaries or associates (Client). In the event of a conflict between these Terms and any other terms, these Terms shall prevail.

These Terms set out in the terms and conditions upon which Salt and the Client agree Salt will provide recruitment (whether permanent recruitment of candidates (Candidates) or providing temporary, contract or special project workers (Workers) and other consultancy services to the Client.

Acceptance of Terms:

The acceptance of a resume, the interviewing of a Candidate or the engagement by a Client of a Worker or the signing of the Worker’s timesheet shall be deemed to be acceptance by the Client of these Terms.

Fees:

Salt’s fees are for professional services relating to the recruitment and/or selection and/or presentation of Candidates and/or Workers for employment or engagement by the Client.

Subsequent Employment:

Where any Candidate introduced to the Client (whether in writing or verbally) by Salt is employed by the Client within 12 months from the date the Candidate was introduced by Salt to the Client, then Salt’s standard fees described under the heading “Permanent Placements” below will apply (Standard Fee).

The Standard fee will apply even if the Candidate is employed by the Client in a different capacity, or on a different basis, to that for which the Candidate was introduced.

Where any Worker introduced by Salt is employed by the Client, within 12 months of the date of completion of their temporary or contract assignment, then the Standard Fee will apply, regardless of the capacity in which the employee is engaged.

Assessment of Candidates:

Salt will arrange psychometric assessment of Candidates and/or Workers when instructed by the Client. Fees for such assessments are payable by the Client, unless otherwise agreed.

Salt may make available to the Client the results of role behavioural and/or psychological and/or skills evaluations conducted in relation to Candidates or Workers. Salt does not verify the reliability or accuracy of those results and accepts no liability for loss and damages incurred by the Client arising from the provision of inaccurate, misleading or otherwise incorrect results whether or not arising from the negligence of Salt, the suppliers of the role behavioural and/or psychological and/or skill evaluations and reports or any other cause whatsoever.

Salt is not responsible for any loss or damage arising in any way from the use which may be made of those results by the Client or any other person. The Client must keep the role behavioural and/or psychological and/or skills evaluations results confidential.  The results must only be used for the purpose of assessing the suitability of Candidates or Workers.

Confidentiality:

All information supplied to the Client in relation to a Candidate, a Worker or Salt, is provided on a strictly confidential basis. The Client must keep all such information secret and confidential and may only use that information solely for the purpose of assessing the suitability of Candidates or Workers. The Client must not disclose such information to any third party without the prior written consent of Salt, unless disclosure is required by law. The Client will be liable for all unauthorised use or disclosure of such information by its employees, agents and contractors.

Suitability:

Salt will take reasonable steps to ensure the suitability of a Candidate selected on behalf of a Client, or a Worker provided to a Client.

Salt excludes all liability to the Client (whether in contract, tort, under any statute or otherwise) for loss or damage of any kind (including direct, indirect and consequential loss and damage, physical injury, property damage, loss of business revenue, loss of profits, failure to realise expected profits or savings or other commercial or economic loss of any kind), however caused arising out of or in any way related to the services provided by Salt under these Terms or the acts or omissions of any Candidate or Worker, other than where any applicable law expressly prohibits such exclusion to apply.

The Client acknowledges that Salt is not performing the services set out in its brief to Salt (Brief), but is instead the introducer of Candidates and/or the supplier of Workers, at the Client’s request, to perform the work that the Client has described in the Brief.

Subject to Salt’s obligations under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or similar legislation (ACL), Salt’s liability to the Client is limited, at its option, to the resupply of the relevant services or the payment of the cost of resupplying the services.

PERMANENT PLACEMENTS

Permanent Placement Fees:

Salt’s fees for services are calculated as a percentage of gross annual remuneration, including superannuation and all other tangible benefits to be paid or provided to the successful Candidate and its associates (Gross Annual Remuneration). If a motor vehicle is included as part of the successful Candidate’s package, it is valued at $15,000.00 per annum for the purposes of determining Gross Annual Remuneration.  Salt reserve the right to raise any invoice upon successful placement of a candidate which should be paid in line with the payment terms (14 days). It should be noted that payment terms are calculated from candidate start date NOT placement date.

If Salt is engaged as the exclusive provider of the services the Exclusive Fee in the table below will apply. If Salt is engaged non-exclusively, the Non-Exclusive Fee in the table below will apply.

A minimum placement fee of $5,000.00 excluding GST (Minimum Fee) will apply for each permanent placement made with a Client, regardless of salary level for the relevant position. Placements made at the Minimum Fee do not include the guarantee described under the heading Guarantee Period for Permanent Placements.

Unless otherwise stipulated, Salt’s Standard Fee structure and Guarantee Periods for Exclusive and Non- Exclusive placements are:

Fees:

All references to dollars are Australian dollars.

Fees for providing part time Candidates will be charged at the above rates calculated on full time equivalent salary (based on a 38 hour week and 52 weeks per year).

Executive Placements:

The fee for executive placements (being roles where the Candidate is paid pro rata $300,000.00 per annum or more) (Executive Fee) is payable in three instalments:

• 33% of the total fee upon acceptance of assignment (non-refundable);
• 33% of the total fee upon presentation of Candidate short-list (non-refundable); and
• Balance of the total fee upon the selected Candidate’s acceptance of the Client’s offer of employment (including any adjustment required as a result of salary negotiation by that Candidate).

The Guarantee Period for replacement for executives is 12 months from the commencement date of the successful Candidate.

Guarantee Period for Permanent Placement Candidates:

During the relevant Guarantee Period mentioned in the table above, Salt will use its best efforts to identify one suitable replacement Candidate for an original Candidate free of charge on the following conditions:

• The fee payable for the original Candidate has been within paid 14 days of the invoice date;
• The original Candidate’s unsuitability is due to unsatisfactory performance and not redundancy, restructuring, change in job description, discrimination, any form of workplace harassment, client closure or takeover;
• Salt is notified in writing within seven (7) days of the original Candidate’s departure; and
• The job description for the replacement Candidate is identical to that of the original Candidate.
• A Salt representative is able to meet with client and candidate within the first 4 weeks of assignment to perform as part of our post placement care program.

However, there will be no Guarantee Period for fixed term contracts of less than 12 months’ duration.

Subject to the ACL, the fee for the original service is non-refundable. In the event that Salt is unable to identify a suitable replacement Candidate within a reasonable time, 50% of the original fee will be credited to the Client’s account.  This credit will be valid for a six (6) month period, and may only be used against future permanent placements, but may not be offset against invoices charged for temporary placements or advertising.

The Client acknowledges that market conditions or the Client’s requirements for unique skills or qualifications, may mean it might not always be possible to identify a replacement Candidate within a reasonable time.

If a replacement Candidate is engaged by the Client with a gross annual remuneration higher than that of the original Candidate, an invoice for the additional fee payable may be issued on 14 day payment terms at Salt’s discretion.

The Guarantee is limited to the provision of a single replacement Candidate for any original Candidate placed with the Client.  For the avoidance of doubt, Salt’s obligations will be satisfied in full by identifying a replacement Candidate for the job description, regardless of whether the Client ultimately engages the replacement Candidate.

Payment Terms for Permanent Placements:

Salt’s payment terms are strictly 14 days from the invoice date. Salt reserves the right to charge interest on monies outstanding past the due date at the rate of 2% per annum above the rate from time to time fixed by the Penalty Interest Rates Act 1983 (Vic). The Client must also pay Salt all costs, expenses and losses incurred by Salt as a result of the Client’s failure to pay Salt all sums due to Salt under these Terms including without limitation, all legal costs on a full indemnity basis.

TEMPORARY, CONTRACT & SPECIAL PROJECT PLACEMENTS

Client Supervision:

The Worker provided by Salt will be under the direction and control of the Client in all respects from the time the Worker reports to take up duties and for the duration of the contract placement. The Client will be responsible for all acts and errors or omissions by such Worker as though the Worker is in the permanent employ of the Client. The Client must comply with all laws, awards and industrial agreements relating to conditions of employment of the Worker as if the Worker was employed by of the Client.

The Client acknowledges that because the Worker works under the Client’s control, supervision and direction:

a) Subject to sub-paragraph (b) below, Salt will not be liable to the Client for, and the Client will hold Salt harmless against, any liability for damage, loss or injury of whatsoever nature or kind, however caused whether directly or indirectly and whether by Salt’s negligence or that of one of Salt’s Workers (including their servants or agents) whilst they are working under the Client’s control, supervision or direction; and

b) Sub-paragraph (a) above does not reduce Salt’s liability, directly incurred, to the extent to which Salt may have directly contributed to any such damage, loss or injury.

Temporary, Contract & Special Project Placement Fees:

The fees payable by the Client for temporary Workers will be charged an hourly rate based upon the Worker’s rate of pay (which is based on the Worker’s applicable award or agreement),or on an agreed daily rate depending on the nature of the Work, which will be confirmed with the Client prior to the Worker’s commencement. The hourly rate will include all applicable statutory costs such as superannuation guarantee levy, workers compensation insurance, payroll tax, annual leave and sick leave entitlements. The Client will pay all loadings, allowances and other monetary conditions that may apply under each award or agreement in accordance with the hours worked by the Worker.

Guarantee Period for Temporary Placement Workers:

Should a temporary Worker be unsatisfactory for any reason, and the Client notifies Salt within eight (8) hours of the Worker’s commencement, no fee will be charged for those eight (8) hours.

Worker’s Offered Permanent Placements:

No guarantee period will apply in the case of Workers placed with a Client on a temporary basis being offered, and accepting, permanent positions with that Client. Our Standard Fee is payable in accordance with the General Conditions above for such Workers.

Contract & Special Project Placements:

Fees and guarantee periods for contract or special project Workers are subject to negotiation. For the avoidance of doubt, all placements by Salt will be subject to these Terms, except where the Client and Salt otherwise agree in writing.

Payment Terms for Temporary Workers:

Salt’s payment terms are strictly seven (7) days from the invoice date. Salt reserves the right to charge interest on monies outstanding past the due date at the rate of 2% per annum above the rate from time to time fixed by the Penalty Interest Rates Act 1983 (Vic). The Client must also pay Salt all costs, expenses and losses incurred by Salt as a result of the Client’s failure to pay Salt all sums due to Salt under these Terms including without limitation, all legal costs on a full indemnity basis.

Occupational Health & Safety Obligations:

The Client must comply with all applicable laws, awards and industrial agreements in relation to Workers assigned to the Client or working at the Client’s premises, and must;

• assume a duty of care in respect to all Workers;
• provide a safe working environment for all Workers;
• notify Salt of any change to the Worker’s job description; and
• provide the Worker with safe working instructions, training, appropriate supervision and a site safety induction.

Reimbursement:

If at the request of the Client the services of a Worker are withdrawn for any reason before completion of the designated task or before expiration of the agreed time and as a result the Worker obtained redress by way of compensation or otherwise from Salt, the Client will reimburse Salt the cost of providing the redress including legal costs and expenses on a full indemnity basis.

General:

These Terms contain the entire agreement between the parties with respect to its subject matter and supersede all prior agreements and understandings between the parties in connection with it.

No amendment or variation of these Terms is valid or binding on a party unless made in writing executed by all parties.

A waiver is not valid or binding on the party granting that waiver unless it is made in writing.

These Terms are governed by the laws of the State or Territory in which the Candidate or Worker is engaged by the Client and each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these Terms.

The relationship between the parties is that of independent contractors and the parties are not partners, joint ventures or principal and agent.

ACCEPTANCE

Where a Client interviews a Candidate referred by Salt, the Client will be deemed to have accepted these Terms.