SmartWorker's Terms of Business

SmartWorker's business approach is to treat every customer according to their unique requirements. We are available to work with you and develop a customised terms of business that will work for both of us, if that is your requirement. However, on many occasions our standard terms of business are simple and flexible enough to serve. 

Terms of Business Recruiting   

These terms and coinditions apply if you engange us to recruit staff for your enterprise. 

Terms of Business - Contracting

These terms and conditions apply if you engage us to provide independent contractors to your enterprise. 

These Terms of Business are for Recruitment Consulting by SmartWorker Pty Ltd.

1. 1. These Terms of Business are applicable to SmartWorker’s placement services and apply if you tell us you have accepted them or ask us for help to fill a position after you have received a copy of them.

1. "Client"means any company and any of its subsidiary companies, group companies and related businesses who require the provision of staff on a permanent, fixed term contract, temporary basis or other employment related services.
2. "Candidate"means any person SmartWorker is representing and introduces to a Client.
3. “Placement Service” Means a service where SmartWorker search’s and selects Candidates to presents to Clients for placement in a position.
4. “Remuneration Package” Means the total annual package of the candidate employed that includes salary, superannuation, company car at clients valuation and other fixed value benefits, it excludes commissions and at risk components.

1. SmartWorker is paid a fee if one of the Candidates whom we have presented to a Client obtains a position with the Client within 6 months.
2. SmartWorker’s fee is 18 percent of the Remuneration Package that will be paid to the Candidate and invoiced to the Client on the first day of the Candidates employment.
3. The Fee is exclusive of GST.

1. SmartWorker’s invoice is payable 30 days from the date of the invoice.

1. SmartWorker provide a conditional guarantee to replace the Candidates whose employment ends in the first 12 weeks. If SmartWorker is unable to provide a replacement within 12 weeks then SmartWorker will issue a credit note to the Client based on:

• Termination occurred within 4 weeks - 100% credit
• Termination occurred within 8 weeks - 50% credit
• Termination occurred within 12 weeks - 25% credit

1. Exclusion conditions are, the Candidate is made redundant, the candidate is transferred to a position other than the one originally employed for, the candidate is subject to discrimination or harassment, the client has failed to pay SmartWorker’s invoice on time

1. The Recruitment of Staff service is provided on a private & confidential basis and all parties must treat information as confidential and only use it for the purpose of the service.
2. SmartWorker is careful in selecting candidates suitable for the Client’s needs. This is done based on information provided by the Client, the Candidate and third parties on which we rely. However,
3. SmartWorker does not accept responsibility for accuracy beyond what is reasonable.
4. The Client is responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate and SmartWorker does not accept liability for any losses, damages or effects for which the Client may become liable arising out of or in connection with the recruitment, introduction or ongoing employment of the Candidate.

These Terms of Business are for Contractors provided by SmartWorker Pty Ltd.

1. These Terms of Business are applicable to SmartWorker’s Contractor Service and apply if you tell us you have accepted them or ask us for help to fill a position after you have received a copy of them.

1. "Client"means any company and any of its subsidiary companies, group companies and related
   businesses who require the provision of staff on a permanent, fixed term contract, temporary basis or other employment related services.
2. "Candidate"means any person SmartWorker is representing and introduces to a Client.
3. “Contractor Service” means the on-hire of a Candidate to perform work at Client premises or elsewhere.
4. “Contractor” means independent contractors and employees of SmartWorker

1. To comply with all legal requirements in relation to tax, superannuation, Work Cover for the Contractor.
2. SmartWorker is careful in selecting Candidates suitable for the Client’s needs. This is done based on information provided by the Client, the Candidate and third parties on whom we rely. However, SmartWorker does not accept responsibility for the accuracy of this information beyond what is reasonable.

1. The Client will be responsible for the supervision and work of the Contractor while they perform a Contractor Service. SmartWorker accepts no responsibility or liability for any damages, direct consequential or otherwise, howsoever caused.
2. Ensure that the workplace complies with regulated requirements for Workplace Health & Safety, Discrimination protection, Harassment protection and to indemnify SmartWorker in relation to any claim against SmartWorker arising out of your breach of these obligations.
3. The Client will advise SmartWorker immediately if conditions of the assignment change.
4. The Client is responsible for the final selection decision and must satisfy itself as to the suitability of the Candidate.

1. Our regular charges are based on the hours the Contractors works as recorded on timesheets signed off by the Client on a weekly basis and the agreed rate. Charges are exclusive of GST.
2. If the Client converts the Contractor to another form of employment then SmartWorker will charge the Client a recruiting fee of 50% of its published recruitment fee on the SmartWorker web site.

1. SmartWorker pays it Contractors fortnightly and invoices clients fortnightly. Payment is due within 14 days from the date of the invoice.

1. The Contractor Service is provided on a private & confidential basis and all parties must treat information as confidential and only use it for the purpose of the service.
2. SmartWorker is careful in selecting candidates suitable for the Client’s needs. This is done based on information provided by the Client, the Candidate and third parties on which we rely. However,
   SmartWorker does not accept responsibility for accuracy beyond what is reasonable.
3. The Client is responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate and SmartWorker does not accept liability for any losses, damages or effects for which the Client may become liable arising out of or in connection with the recruitment, introduction or ongoing employment of the Candidate.

1. Either party may terminate the assignment by providing two (2) week’s notice or paying a fee in lieu of notice.