Permanent Recruitment Terms and Conditions

Fixed service fee and salary packages

• Our service fee is fixed regardless of the length of time involved to complete the assignment unless the specification or original brief is varied. Naturally, such an eventuality would incur additional service fees as agreed between Challenge Consulting and you.
  
  
• The salary package for the service fees is described for the Permanent Recruitment Services and executive search service as base salary, superannuation, allowances, benefits and a company car (which is routinely valued at $20,000 per annum) on a per annum basis.
  
  
• Where commission forms part of the salary package, Challenge Consulting will negotiate with you the package component of this commission prior to Challenge Consulting undertaking the assignment. This allows an agreed figure to be established on which to base the relevant service fee payable to Challenge Consulting.
  
  
• If the successful candidate is employed by you on a part time basis or for a period of less than 1 year, the salary package base is annualised and Challenge Consulting service fee is the relevant percentage based on the annualised salary package.
  
  
• A minimum service fee of $3,000 + GST will apply

• Should a Challenge Consulting temporary accept a permanent position with your organisation, subsidiary, etc, a permanent placement service fee will be applied. A discount of 10% will be applied to this service fee for each month of continuous employment our temporary has worked for a maximum of 5 months. The Challenge Consulting 100% No Risk Guarantee period does not apply to temporary to permanent placements.

Your 100% “No Risk” guarantee

The “No Risk” guarantee period comes into effect for 3 months from the commencement of a successful candidate’s employment with you.

If, for any reason, the successful candidate resigns or is terminated within the guarantee period, Challenge Consulting will undertake to provide to you a replacement at no extra charge. Should a replacement not be required, we will credit you with 100% of the service fee, subject to the following point.

To effect your “No Risk” guarantee, the service fee to Challenge must be paid in full within 30 days of the date of issue of each invoice for any part of such service fee. Accounts not settled within this period will remain due and payable in full, but the “No Risk” guarantee will be void.

Should a replacement not be required, Challenge Consulting will provide you with a credit in the form of one recruitment assignment, up to the value of the service fee charged upon placement of the original candidate.

Should the replacement assignment be cancelled or terminated by you after one or more candidates have been referred, Challenge Consulting will deem the replacement recruitment assignment credit to have been "taken up".

Should the replacement candidate's salary package be of greater value that that of the original candidate, the difference in the service fee will be payable to Challenge Consulting under the original payment terms.

Should you decide to employ the replacement candidate on a temporary to permanent arrangement, Challenge Consulting will deem the replacement recruitment assignment credit to have been "taken up", irrespective of whether the candidate is offered a permanent position or not.

A guarantee does not apply to the replacement candidate.

Your responsibilities

• Whilst Challenge Consulting endeavours to make every reasonable effort to ensure the suitability of a candidate selected on your behalf, Challenge Consulting does not verify the authenticity or accuracy of references or documentation concerning the candidate’s skill and general integrity. You must obtain or verify the existence of all necessary work permits and satisfy any medical requirements or qualifications that may be required by any State or Commonwealth legislation relating to employees and you base any decision to employ any candidate we may refer to you on your own enquiries and judgement.
  
  
• You must keep the evaluation results, if any, which Challenge Consulting provides to you confidential and they must only be used for the purpose of assessing the suitability of any candidate for the position for which the assignment for Challenge Consulting was given. Challenge Consulting does not verify the reliability or accuracy of the results of an evaluation of candidates undertaken and accepts no liability in relation to the provision of inaccurate, misleading or otherwise incorrect results whether or not arising from the negligence of Challenge Consulting or the candidate placed with you.
  
  
• Challenge Consulting does not accept any liability for any loss, expense or damage arising from any act, omission or negligence of any candidate referred by Challenge Consulting to you or by Challenge Consulting and you release Challenge Consulting, its employees, agents and contractors to the extent permitted by law from all liability for any loss, expense or damage of any kind arising out of or in connection with, directly or indirectly, any act, omission or negligence of Challenge Consulting, its employees, agents or contractors or any candidate referred to you by Challenge Consulting whether employed by you or not.
  
  
• If you, any of your subsidiaries, affiliates, related companies or any other employer offers employment to a candidate referred by Challenge Consulting to you within 12 months from the date of Challenge Consulting providing to you a short list of candidates for the position, a service fee on the basis as set out above will be payable by you to Challenge Consulting.

Payment terms

• All invoices issued by Challenge Consulting are strictly payable within 30 days of the date of issue.
  
  
• All out of pocket and travelling expenses which will be charged to you and billed on a monthly basis.
  
  
• In respect of a Permanent Recruitment Services, our service fee will be invoiced to you once your preferred candidate commences employment.
  
  
• In respect of the executive search service, payment will be required as follows:
  • one-third of the service fee is payable when we provide written confirmation to you that we accept the assignment
  • one-third is payable upon presentation by Challenge Consulting to you of a short list of candidates
  • one-third is payable on acceptance by your preferred candidate of your offer of employment.

GST

• In these Terms, GST means any goods and services or value added tax or any tax or charge of a like nature levied or imposed in relation to a supply (or deemed supply) of any goods, property, service or any other thing.
• GST Amount is the amount calculated by multiplying the consideration provided (or deemed to be provided) for the relevant supply by the rate at which that GST is levied or imposed.
• If GST is levied or imposed on or in respect of any supply made under or in connection with these Terms, then the recipient of this supply must, in addition to the consideration provided (or deemed to be provided) for that supply, pay the GST Amount to the relevant person at the same time at which the consideration for the supply is payable.

Termination

If you do not comply with any of these terms, Challenge Consulting reserves the right to, among other things, immediately terminate the assignment and withhold such information as may be in our control from you until you have rectified such failure to comply.

General

In these Terms,

• “Challenge Consulting” means Challenge Consulting Australia Pty Limited, ACN 057 378 060 and any subsidiaries or related entities, including Challenge Services Pty Limited ACN 065 856 975 and the Challenge Services Trust and where relevant, its employees, agents and contractors.
• “you” or “your” means the person or entity to which Challenge Consulting has written accepting an assignment to recruit permanent staff.
• “Terms” means these terms of business and where relevant, the permanent recruitment terms of business and any variations made to these Terms by Challenge Consulting.
• If there are 2 or more of you, these Terms bind you all jointly and each of you separately.
• Any variation may be made to these Terms by Challenge Consulting and such variation is binding upon you once you receive notice of such variation.
• Challenge Consulting does not purport to exclude, restrict or modify any non excludable right you may have under the Trade Practices Act or any state law.
• Any provision or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
• Any provision of or application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.