Yolk Agency Terms and Conditions – Fixed Fee Recruitment (Australia)
Effective 30/06/2023
Parties:
These terms are between Yolk Agency Pty Ltd (Yolk Agency/we/us/our) and the Client Employer (you/your) and specify the terms upon which Yolk Agency will provide services to you unless new Terms and Conditions are notified to you in writing.
Acceptance of terms and conditions:
You will be taken to have accepted these Terms and Conditions once you have provided us with a job briefing via phone/email or our website (booking).
Total Employment Cost (TEC)
Total employment cost is defined as the sum of all cash and non-cash benefits employees receive including but not limited to:
- Annual taxable salary
- Flexible benefits (eg salary sacrifice, car, leave loading, bonus, commissions,allowances)
- Non-flexible benefits (eg employer superannuation)
Payment Obligations:
You, the client employer, agrees that a non-refundable payment of $1000.00 + GST is payable upon commencement of the campaign.
If a successful candidate placement is made to you the client employer the $1000.00 + GST will be taken off the placement invoice leaving the balance of $3,995.00 + GST for roles under $59.9K TEC, $4,995.00 + GST for roles between $60.0K and $79.9K TEC and $5,995.00 + GST for roles $80.0K and $99.9K TEC, $6,995.00 + GST for roles $100.0K and $149.9K TEC for roles above $150.0K TEC $7,995 + GST is payable.
To avoid confusion, the total cost of a recruitment campaign including the upfront payment is $4,995.00 + GST for roles under $59.9K TEC, $5,995.00 + GST for roles between $60.0K and $79.9K TEC and $6,995.00 + GST for roles $80.0K and $99.9K TEC, $7,995.00 + GST for roles $100.0K and $149.9K TEC for roles above $150.0K TEC $8,995 + GST is payable.
“Engagement” is deemed when you have offered a role and they start work for your organization.
In the event of non-payment of its fees, Yolk Agency reserves the right to pass on and collect any fees or charges incurred in the collection of the outstanding debt including any legal or collection agency costs.
All invoices are payable within fourteen (14) days of their date.
Print advertising and any other additional costs agreed to by you and incurred by Yolk Agency in the course of service delivery will be quoted and invoiced to you.
If you agree to use our benchmarking process each benchmark will incur a cost of $200.00+GST per candidate tested.
Your obligations:
You will make contact with Yolk Agency within two (2) working days of receiving the candidates and inform Yolk Agency of which candidate/s you want to interview.
You will notify Yolk Agency at the time of booking of any candidates that have previously been considered for the vacancy and rejected by you.
If you or a third-party source candidates during the campaign and we also provide them to you on a Yolk Agency shortlist, they will be deemed a Yolk Agency candidate such that the Yolk Agency fee is due and payable (to the extent permitted by law).
If a candidate is placed into your business within 18 months of you the client employer receiving a CV from a Yolk Agency campaign the full payment will be payable.
You agree to give exclusivity on the role for a period of 20 working days
Guarantee:
On successful placement (engagement) from a Yolk Agency shortlist you are entitled to a three-month Guarantee. In the event that the client terminates the engagement of the candidate for reasons of non-performance within the guarantee period (12 weeks) and provided that:
- The client notifies Yolk Agency within 7 days of the termination of engagement.
- The termination is not due to redundancy or other business rationality.
- All fees have been paid in accordance with these terms and conditions.
Yolk Agency will provide a replacement shortlist (once only) for the role as originally briefed. This replacement will be recruited at no cost to the client (additional advertising over and above the standard Yolk Agency service will be invoiced by agreement). If a replacement is not required, then the hire fee shall be carried forward as a credit against any future recruitment assignments for the same role.
This credit is valid for 12 months from the date of issue. Where the scope of the role and its responsibilities change from the original brief, an additional 50% of the original fee is payable.
Privacy:
You are required to respect and protect the privacy of the candidates.
Yolk Agency is not liable for any claim arising from your dealings with the candidate and the candidate’s personal information.
We will advise all candidates shortlisted for the vacancy of information that we or they may require to adequately assess their interest in and suitability for the vacancy.
This may include information relating to your identity, the remuneration offered for the vacancy, the location of the vacancy and a description of your organization.
This information may be provided to candidates, including those who then elect not to proceed with their application for the vacancy.
Our obligations and Relationships with you regarding Anti-Discrimination Laws:
In deciding which candidates will be selected for the shortlist, we will not discriminate against a candidate on any of the following attributes: age, breastfeeding, carer or parental status, an irrelevant criminal record, impairment, gender identity, industrial activity, lawful sexual activity, marital status, physical features, political belief or activity, pregnancy, race, religious beliefs or activities, sex, sexual orientation or personal association with a person who is identified by any of the attributes listed in this paragraph. We remind you that to do so is unlawful, and you do not act as our agent in offering or refusing to offer any candidate employment.
Acceptance:
You will be taken to have accepted these Terms and Conditions once you have provided us with a job briefing via phone/email or our website (booking).
