1.1 In this agreement “Nationwide Pharmacy Services” means Talent United Pty Ltd trading as Nationwide Pharmacy Services; “Client” means the employer seeking staff to whom Nationwide Pharmacy Services provides recruitment services for and whose authorised representative has signed this agreement and “Candidate(s)” means a person(s) introduced to the Client by Nationwide Pharmacy Services. “Fee (s)” means the $ amount calculated in accordance with this agreement between Nationwide Pharmacy Services and the Client. “Placement(s)” means any Candidate who obtains a position with the Client through Nationwide Pharmacy Services.
2. Fee Structure
| Salary Package | % Fee |
| Up to $100,000 | 10% |
| $100,001 and above | 12% |
2.1 There is a minimum permanent placement Fee of $7,500 plus GST regardless of salary.
2.2 The salary package for the Fees is described for recruitment purposes as base salary, superannuation, allowances and benefits.
2.3 GST of 10% will be in addition to professional Fees and advertising.
3. Payment Terms
3.1 Payment terms are seven (7) days from the date of Nationwide Pharmacy Services’s tax invoice.
4. Retained Assignment
4.1 Where the Client requests an exclusive retained service to seek Candidates, Fees will be payable in the following manner:
4.2 There will be an adjustment if the agreed package differs from the estimated package at the commencement of the assignment.
5. Contingent Assignment
5.1 The full Fee is payable according to the Fee Structure in clause 2, when the Candidate is appointed to the Client’s organisation, i.e. when offer and acceptance have taken place.
6. Guarantee – Permanent Placements
6.1 All Placements made by Nationwide Pharmacy Services carry its guarantee for six (6) months from the date of commencement, providing that all Fees have been paid within 7 (seven) days of Nationwide Pharmacy Services’ invoice.
6.2 If the Client is not satisfied with the placed Candidate’s performance and Nationwide Pharmacy Services is notified within the guarantee period, Nationwide Pharmacy Services will undertake the assignment for one replacement Candidate for that same position without charging additional professional Fees.
6.3 Nationwide Pharmacy Services’s replacement guarantee relates to the Candidate’s competence for the position to which that Candidate was appointed. The guarantee does not apply where the reasons for departure are not related to competence for the position and beyond the control of Nationwide Pharmacy Services e.g. a redundancy because of company restructure, transferring the candidate to a position they were not recruited for, or unlikely events such as death, permanent incapacitation or lottery win.
7. Objectives & Responsibility
7.1 Nationwide Pharmacy Services’s objective is to provide accurate details on Candidates. However, this is substantially based on the information supplied by the Candidate to Nationwide Pharmacy Services. No responsibility will be accepted for errors or omissions or incorrect conclusions. The Client will make the final recruitment decision and therefore throughout the recruitment process must satisfy itself as to the Candidate’s qualifications, competence, integrity and suitability for the job.
8. Cancellation
8.1 The Client shall indemnify Nationwide Pharmacy Services from any advertising expenditure whatsoever, (as specified in clause 4) should the Client cancel the contract.
9. Liability
9.1 Nationwide Pharmacy Services shall not accept liability, either personal or corporate, for compensation for any loss or damage, howsoever arising, which the Client may suffer or become liable for as a result of Nationwide Pharmacy Services’s introduction of a Candidate and the Client’s decision to employ that Candidate.
10. Subsequent Offers
10.1 Should the Client make an offer of employment to a Candidate introduced by Nationwide Pharmacy Services within a 12 (twelve) month period from the date of the Candidate’s first interview, then the Client agrees to be bound by these Terms & Conditions and will be liable for the appropriate Fee as outlined in the Fee Structure clause 2.
11. Candidates Privacy
11.1 Candidates’ details are sensitive information and are supplied to the Client on a strictly confidential basis and may not be disclosed to a third party without Nationwide Pharmacy Services’s written consent.
12. Interest Charges
12.1 Nationwide Pharmacy Services may charge interest at two per centum (2%) above the commercial lending rate of the Westpac Banking Corporation calculated on a daily basis on amounts not paid within the time specified in Nationwide Pharmacy Services’s tax invoice.
13. Damages
13.1 The Client must pay to Nationwide Pharmacy Services any costs, expenses or losses incurred by Nationwide Pharmacy Services as a result of the Client’s failure to pay to Nationwide Pharmacy Services all sums outstanding as owed by the Client to Nationwide Pharmacy Services including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
14. Privacy Disclaimer
14.1 The Client hereby authorises Nationwide Pharmacy Services to collect, retain, record, use and disclose consumer and/or commercial information about the Client, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Nationwide Pharmacy Services, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.
14.2 The Client also authorises Nationwide Pharmacy Services to make enquiries with respect to the Client’s consumer and commercial credit worthiness; to exchange information with other credit providers in respect to previous consumer and commercial defaults of the Client and to notify other credit providers of a consumer and/or commercial default by the Client.
15. Security & Charge
15.1 The Client hereby charges all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to Nationwide Pharmacy Services under the terms and conditions or otherwise and hereby authorises Nationwide Pharmacy Services or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Client at any time or to register this charge over assets of the Client with the Australian Securities and Investments Commission.
16. General Matters
16.1 Variations
No variation can be made to these Terms and Conditions without the written consent of a Director of Nationwide Pharmacy Services.
16.2 Severability
Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and all disputes arising between the Client and Nationwide Pharmacy Services will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.
