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terms of Business

TeachWell Recruitment

Terms of Business  Permanent & Fixed-Term Recruitment Services

1. Definitions

In these Terms of Business:

Candidate means any individual introduced by TeachWell Recruitment to a Client for consideration for employment.

Client means any organisation, school, early learning service or out of school care, business or entity that requests recruitment services from TeachWell Recruitment.

Introduction means the provision of any information regarding a Candidate by TeachWell Recruitment to a Client, whether verbally, electronically or in writing.

Placement Fee means the recruitment fee payable by the Client as outlined in the applicable Fee Schedule or Service Agreement.

Salary Package means the Candidate’s total first-year remuneration package including base salary, superannuation, allowances, bonuses, incentives and any other employment benefits.

2. Acceptance of Terms

These Terms of Business are deemed accepted by the Client upon:

  • requesting recruitment services;
  • receiving Candidate information;
  • interviewing a Candidate introduced by TeachWell Recruitment; or
  • engaging a Candidate introduced by TeachWell Recruitment.

These Terms prevail over any conflicting terms proposed by the Client unless otherwise agreed in writing.

3. Recruitment Services

TeachWell Recruitment provides permanent and fixed-term recruitment services within the education, early childhood education and related sectors.

TeachWell Recruitment acts solely as an introduction service between Clients and Candidates and is not the employer of Candidates.

4. Placement Fees

A Placement Fee becomes payable where:

a) a Candidate introduced by TeachWell Recruitment is employed or engaged by the Client within six (6) months of introduction;

b) the Client introduces the Candidate to a related entity, subsidiary, associated organisation or third party which subsequently employs or engages the Candidate within six (6) months of introduction; or

c) the Client engages the Candidate in a different position or capacity from that originally discussed.

The Placement Fee will be calculated in accordance with the agreed Fee Schedule and is payable within seven (7) days of the invoice date unless otherwise agreed in writing.

5. Fixed-Term Placements

Where a Candidate is engaged on a fixed-term contract:

  • the Placement Fee will be calculated on a pro-rata basis against the agreed permanent placement fee;
  • if the fixed-term contract is extended, an additional pro-rata fee may apply;
  • if the Candidate is subsequently appointed to a permanent role, the balance of the full Placement Fee becomes payable.

6. Placement Guarantee

For permanent placements only, TeachWell Recruitment offers a replacement guarantee period of twelve (12) weeks from the Candidate’s commencement date.

If the Candidate voluntarily resigns or is terminated due to performance issues during the guarantee period, TeachWell Recruitment will make reasonable efforts to source a replacement Candidate at no additional professional fee.

The Placement Guarantee applies only where:

  • the Placement Fee has been paid in full within agreed payment terms;
  • the Client notifies TeachWell Recruitment in writing within seven (7) days of the Candidate’s departure;
  • the role requirements, salary and working conditions remain substantially unchanged;

If TeachWell Recruitment is unable to source a suitable replacement, a credit may be issued at TeachWell Recruitment’s discretion. Any credit issued must be used within twelve (12) months.

No guarantee applies to fixed-term placements unless expressly agreed in writing.

7. Client Responsibilities

The Client acknowledges that it is responsible for:

  • conducting final interviews and selection decisions;
  • verifying qualifications, registrations, licences and working rights;
  • assessing the suitability of Candidates for its workplace;
  • conducting any required child protection, Working With Children Check, NESA, teacher registration, reference or compliance checks.

While TeachWell Recruitment will collect and verify documents with verification processes, the final responsibility for employment decisions remains with the Client.

8. Candidate Confidentiality

Candidate information supplied by TeachWell Recruitment is confidential and must not be shared with third parties without prior written consent.

Where Candidate details are shared with another entity and that entity subsequently engages the Candidate, the Placement Fee remains payable by the Client.

9. Privacy

Both parties agree to comply with the Privacy Act 1988 (Cth) and all applicable privacy legislation.

The Client must take reasonable steps to protect Candidate information and use it solely for recruitment purposes.

10. Limitation of Liability

TeachWell Recruitment will exercise reasonable care and skill in providing recruitment services.

However, TeachWell Recruitment does not warrant:

  • the ongoing performance of any Candidate;
  • the accuracy of information supplied by third parties;
  • the future conduct, suitability or performance of a Candidate.

To the maximum extent permitted by law, TeachWell Recruitment’s total liability arising from the provision of services shall not exceed the Placement Fee paid by the Client.

Neither party shall be liable for indirect, consequential or economic loss, including loss of profit, revenue, reputation or opportunity.

11. Payment Terms

Invoices are payable within seven (7) days from the invoice date unless otherwise agreed.

TeachWell Recruitment reserves the right to suspend recruitment services where accounts remain overdue.

The Client will be responsible for reasonable costs incurred in recovering overdue debts.

12. GST

All fees and charges are exclusive of GST unless otherwise stated.

GST will be added where applicable.

13. Governing Law

These Terms of Business are governed by the laws of New South Wales.

The parties submit to the jurisdiction of the courts of New South Wales.

14. Entire Agreement

These Terms of Business constitute the entire agreement between TeachWell Recruitment and the Client and supersede any previous agreements or understandings.

Any amendments must be agreed in writing by both parties.

Client Acceptance

Client Name: ____________________________________

Organisation: ____________________________________

ABN: ____________________________________

Authorised Representative: _________________________

Position: ____________________________________

Signature: ____________________________________

Date: ____________________________________