Terms of Business

Parties

These Terms of Business are between RUNTIME, and any company, Government Agency, Association, Charitable organisation or individual (hereinafter the “Client”) who employs the services of RUNTIME as a Personnel or Recruitment Agency.

Definitions

“Personnel” means any applicant, candidate, company or person seeking employment who is introduced to the Client, whether such introduction is verbal or in writing.

“Contractor” means any person or company who seeks to provide services via RUNTIME and is accepted by the Client under a contract of service and is not a permanent employee of the Client. Contractors are not provided as employees or agents of RUNTIME.

“Referral”, means the introduction of any candidate or contractor by RUNTIME to the Client, whether or not in writing.

“Salary” means the total pecuniary benefit paid to the candidate under a contract of employment between the Client and the candidate. This includes the taxable salary plus superannuation.

“Placement” or “Permanent Placement” or “Placed” means the employment of personnel by the Client directly, or indirectly, from a referral by RUNTIME in accordance with these terms and conditions

“Retained Assignment,” means recruitment on behalf of the Client where the client exclusively retains the RUNTIME’s services and fees are not contingent upon placement.

“Advertising Assignment” means an exclusive assignment where the Client agrees to pay the cost of advertising for the purposes of RUNTIME placing candidates with the Client.

Services

RUNTIME continues the business of a Personnel and Recruitment Agency by the introduction of personnel to the Client. The Client may elect to employ such personnel as permanent employees or contract their services via RUNTIME as contractors or temporary staff under the care, guidance, supervision and direction of the Client. The Client agrees to pay all placement fees and charges in accordance with these Terms of Business for the services of RUNTIME.

Acceptance

The Client accepts these Terms of Business upon receiving an introduction of a candidate or contractor whether or not a resume is provided.

Permanent Placement

Please contact us for fee information.

Contract Placement

Contract fees are based on hourly or day rates. Please contact us for more information.

The Client agrees to provide salary information to RUNTIME in relation to each employee who is placed with the Client by RUNTIME for the purposes of accurate fee calculation. Contractor fees are paid by the Client in accordance with a Service Agreement executed for each contract placement prior to the commencement of the contract assignment.

Retained Assignments (Executive Search)

Fees paid 30% upfront 30% on shortlist and 40% on offer acceptance. Fees for retained assignments shall be negotiated prior to accepting such assignments.

Replacement

In the event that a person placed in permanent employment with the Client by RUNTIME terminates such employment or is lawfully terminated within 3 calendar months of initial placement, then providing RUNTIME is notified of such termination in writing within 7 days and providing the placement fee has been paid in full in accordance with these Terms of Business, then RUNTIME warrant to replace the employee at no additional cost to the Client (excluding advertising) within 3 months of the notice of termination.

Where RUNTIME are unsuccessful in replacing the candidate within three months, then a credit note shall be issued to the Client.

The credit note may be applied against fees for any services supplied by RUNTIME and is conditional upon RUNTIME having exclusive rights to replace the employee during the replacement period.

Payment

RUNTIME will issue a Tax Invoice to the Client stating the amount of the fee and its calculation. The invoice for services is due and payable within 14 days from the commencement of employment. Invoices for contractors are due and payable in accordance with the Service Agreement executed between RUNTIME and the Client prior to the commencement of the contractor.

Late payment of fees will void replacement. Interest may be charged on any outstanding amount after 14 days from the date of the invoice at a rate of 8% per annum and shall accrue daily until the outstanding balance is paid.

Confidentiality

All introductions or referrals by RUNTIME are confidential between the Client and RUNTIME and the Client agrees not to disclose any information to any third party, whether a company, agent, subsidiary, partner or employee of the Client. If the Client discloses information about personnel or candidates referred by RUNTIME contrary to this clause, the Client agrees to hold RUNTIME harmless and RUNTIME accepts no liability for the breach of the candidate’s confidentiality.

The Client is also subject to Privacy laws affecting any candidates’ private and confidential details, and agrees to comply with any reasonable request by either the Candidate or RUNTIME in order to remain compliant.

No Dealing

If the Client refers a candidate’s information to any third party without the express consent of RUNTIME, and the candidate is subsequently employed or contracted by the third party, then the Client agrees to pay a placement fee in accordance with these Terms of Business as if the candidate was placed with the Client.

Subsequent Employment

If the Client employs or contracts any candidate or contractor referred by RUNTIME within six (6) months of the date first referred, then the Client agrees to pay a placement fee, or execute a Service Agreement for the services of the contractor, at the exclusion of any third party who may have subsequently referred the same personnel or contractor.

Contract to Permanent Employment

If a contractor becomes an employee of the Client whether during the contract period or within six (6) months of the date of the last invoice, then the Client agrees to pay a permanent placement fee calculated in accordance with these Terms of Business.

Direct Engagement of Contractors

If the Client elects to engage directly with a contractor introduced by RUNTIME, then a placement fee will be charged. The fee will be calculated by multiplying the hourly rate paid to the contractor by 1680 (being deemed the contractor hours in one year) to convert the rate to a nominated salary, which will be used to calculate a permanent placement fee at the percentages stated under “Fees”.

Liability

Although RUNTIME take reasonable steps to ensure the suitability of the candidate the decision to employ is that of the Client. The Client must take whatever action it deems necessary to confirm the suitability of candidates introduced by RUNTIME. RUNTIME accepts no liability whatsoever for any act or omission by the candidate. We accept no liability over the validity of information provided by the candidate to RUNTIME. Any representations made by RUNTIME, its employees, agents or associates vis a vis the validity or suitability are expressly excluded from this agreement. Liability for any misrepresentation, whether negligent or otherwise, is expressly excluded by RUNTIME.

Variation

These Terms of Business may only be varied in writing between the parties and with the written consent of the Directors of RUNTIME.