Motion Recruitment Terms of Business

Motion Recruitment Pty Ltd Terms of Business

 

The following terms and conditions shall apply between Motion Recruitment Pty Ltd (ABN 84 167 784 812) (“MR”) and ("The Client") in respect of the engagement of any person introduced or presented by MR.

 

1. A recruitment fee is payable should the client hire anyone within 6 months of being introduced by MR, either verbally or in writing, even if it's not in the position for which they were originally introduced. The client is obligated to alert MR to any offer to engage a candidate either in a permanent, fixed term or contracting arrangement within this 6 month representation period
2. The final decision to engage a candidate is the client's alone and MR makes no warranty as to the qualifications, capability, integrity and suitability of the candidate.

 

3. FEE STRUCTURE

Permanent Placements Fee Structure: 18% (plus GST) of ARP

ARP means Annual Remuneration Package. The ARP includes base salary, allowances, superannuation and benefits that represent cash in alternative forms. Variable or performance based incentives like bonuses and commissions are not included in ARP

 

Fixed Term Contract Fee Structure: 18% (plus GST) of ARP

MR will only engage in FTC for a minimum of 6 months. The Client engages the candidate directly and pays them a prorated monthly amount based on an annual salary. Depending on the length of the FTC, MR will invoice the Client a prorated Fee, calculated as 1/12th of 18% (plus GST) of ARP (FTC Fee) times by the length of the contract (up to a maximum of 12 months). The Fee is invoiced in full upon the candidate's start. If the contract extends beyond the initial term, an additional invoice is issued for the extended period. The fee will not exceed that which is payable for a 12 month engagement. A replacement guarantee will only apply to 12 month FTC engagements.

 

Standard Contract Engagements:

Upon engagement of  a contractor a total daily charge rate will be agreed that will cover the recruitment fee, payrolling, insurances, taxes (payroll tax), Contractor Pay, Superannuation and any ongoing administration. Upon agreement of a Contract Engagement, the parties shall sign a contractor engagement schedule.

 

4. PAYMENT TERMS

All invoices will be dated from the commencement date of the candidate. Payment must be received within 21 days of the commencement date. Failure to pay any invoice within 1 month of its issue will invalidate any Permanent Placement Guarantee.

 

5. PERMANENT PLACEMENT GUARANTEE & CREDIT POLICY

If a candidate leaves of their own volition or is terminated for poor performance, incompetence, or negligence within 3 months of commencement, MR will provide one replacement at no additional search cost, provided all original fees were paid on time.

1. No guarantee applies if termination results from redundancy, restructuring, change of job description, or if MR’s fees remain unpaid.
2. MR retains the exclusive right to source the replacement. If the role's responsibilities change substantially, it is treated as a new assignment with full fees applicable.
3. MR commits to a prompt replacement process. If no agency-driven activity occurs within 3 weeks, or if both parties agree a replacement cannot be found, a Credit Note will be issued.
   1. Valid for 6 months for a single use on a role of comparable value.
   2. Fees are strictly non-refundable. No further guarantees apply to candidates placed via a Credit Note or as a replacement.

 

6. ACCEPTANCE OF TERMS

The Client is deemed to accept these Terms, unless varied in writing, upon the earliest of:

1. Requesting a Candidate’s CV or profile following an introduction or alert by MR;
2. Passing any Candidate information provided by MR to a third party;
3. Requesting to interview, or interviewing, a Candidate introduced by MR;
4. Engaging a Candidate in any capacity within the six-month representation period; or
5. Providing written signature or acceptance of these Terms.

 

7. PRIVACY

All candidate introductions made to the client by MR are strictly confidential and also contain personal information protected by the Privacy Act 1988 (Cth). The Client will abide by the terms of the Privacy Act and shall not disclose a candidate referral to any person without the prior written consent of MR. The Client agrees to indemnify MR in respect of any liability, loss or expense incurred by MR arising out of or in connection with any breach of this responsibility.

 

8. THIS AGREEMENT

These Terms and Conditions shall be construed, interpreted, applied and enforced according to the laws of New South Wales and Australia