DEFINITIONS

Candidate means any person introduced to the Company by Stone Freight Solutions.

Company means any entity (including but not limited to corporation or individual) to whom Stone Freight Solutions provides employment recruitments services.

Guarantee Replacement Candidate has the meaning specified by clause 6.2.

Introduced/Introduction means to bring the existence of the Candidate to the Company’s attention by any means.

Most Recent Introduction Date means the most recent time that Stone Freight Solutions had communications with the Company by any means in relation to the Candidate.

Permanent Placement means employment of the Candidate by the Company in a full-time, permanent part-time, or contract position, including contracts for a fixed term.

Related Entity has the same meaning as in section 9 of the Corporations Act 2009 (Cth)

Stone Freight Solutions means Stone Freight Solutions Pty Ltd ABN: 99 095 464 887.

Temporary/Contract Placement means placement of a Candidate employed by Stone Freight Solutions in the Company’s business to complete work as directed by the Company.

Total Remuneration Package means the Candidate’s total remuneration for the first 12 months of employment include but not limited to salary, estimated bonuses, allowances, superannuation, provision of a car, and any non-cash benefits in lieu of salary. If the Candidate is employed by the Company for less than 12 months the Candidate ‘s Total Remuneration Package will be calculated pro rata as if the Candidate completed 12 months of employment.

ACCEPTANCE

 Any instruction received by Stone Freight Solutions from the Company for the supply of services shall constitute acknowledgement by the Company that it has received, understands and accepts these terms and conditions and will be bound by these terms and conditions.

FEES

4.1 Fees for Permanent Placements are charged in accordance with our Simple Fee Schedule (Placement Fees).

4.2 Fees for Temporary/Contract Placements shall be negotiated. Stone Freight Solutions will propose fees to the Company in writing (Proposed Fees). Acceptance of a Temporary/Contract Placement will be deemed as an acceptance of the Proposed Fees unless the Company notifies Stone Freight Solutions in writing prior to acceptance of the Temporary/Contract Placement that the Company do not accept the fees. Fees for Temporary/Contract Placements are inclusive of wages, superannuation, payroll tax and workers compensation insurance for the Candidate.

4.3 Fees for Behavioral Profile Tests are not included in Placement Fees and the Company will be provided with a quote for these fees prior to any Behavioral Profile Tests being undertaken.

4.4 If the Company or one of the Company’s related entities employs the Candidate within 24 months of the Most Recent Introduction Date the Company will be liable for the Placement Fees applicable for the type of Placement regardless of whether the Candidate was employed in the position for which the Candidate was introduced or in another position.

4.5 If a Candidate placed in the Company in a Temporary/Contract Placement is employed or otherwise engaged by the Company or one of the Company’s related entities within 24 months of ceasing the Temporary/Contract Placement then the Company will be liable for the Permanent Placement fee in addition to the Temporary/Contract Placement fees incurred during the Temporary/Contract Placement.  For avoidance of doubt, the company will be liable for the Permanent Placement Fee irrespective of how the candidate is engaged by the Company including but not limited to where the candidate is engaged as a contractor of the company.

4.6 All fees are exclusive of any GST that may be charged by Stone Freight Solutions to the Company, and therefore, Stone Freight Solutions will be entitled to add on GST.

PAYMENT OF FEES

5.1 Placement Fees for Permanent Placements are payable within 14 days of the Candidate commencing employment.

5.2 Placement Fees for Temporary/Contract Placements

• 5.2.1 Stone Freight Solutions will invoice the Company weekly for the hours worked by the employee in the preceding week.
• 5.2.2 Invoices are payable within 7 days of issue.
• 5.2.3 If invoices are not paid within 7 days of issue Stone Freight Solution may cease the Candidates Placement until the Placement Fees have been paid in full. Where a candidate’s placement has been ceased for non-payment Stone Freight Solutions do not guarantee that the candidate will remain available and the Company accept that a replacement candidate my need to be found.

GUARANTEE

6.1 Permanent Placements are guaranteed for 90 days from commencement of employment (Guarantee Period) if:

• 6.1.1 The Candidate was employed in the position for which they were introduced and the position or job description have not changed;
• 6.1.2 The Candidate was employed by the Company;
• 6.1.3 The Candidate has not been made redundant;
• 6.1.4 The termination or resignation of the Candidate from the position is not the fault of the Company or the Company’s employees or agents, or the result of the Candidate being subjected to any form of discrimination or harassment.
• 6.1.5 The Company have paid all Fees in accordance with these Terms and Conditions;
• 6.1.6 The Company notified Stone Freight Solutions within 7 days of the Candidate ceasing employment with the Company;
• 6.1.7 The Company inform Stone Freight Solutions why the employee resigned or the Company terminated the Candidate’s employment;

6.2  If a Candidate whose placement is guaranteed pursuant to clause 6.1 resigns or has their employment terminated during the Guarantee Period then Stone Freight Solutions guarantee to introduce another reasonable candidate as a one-off service for the same position (Guarantee Replacement Candidate).

6.3 If the Guarantee Replacement Candidate’s Total Remuneration Package is more than the original Candidate’s Total Remuneration Package then the Company will be liable to pay the difference in Placement Fees.

6.4 The Company will not be entitled to any refund of Placement Fees in circumstances where the Guarantee Replacement Candidate’s Total Remuneration Package is less than the original Candidate’s Total Remuneration Package.

6.5 Temporary/Contract Placements are not guaranteed.

OUR SIMPLE FEE SCHEDULE FOR PERMANENT PLACEMENTS

AMENDMENT OF TERMS

Any amendments of these terms and conditions must be in writing signed by all parties.

PRIVACY

9.1 The Company must treat any personal information about candidates which is disclosed to the Company as confidential.

9.2The Company must:

• 9.2.1 only use any personal information disclosed to the Company for the purposes of assessing the     employee for the position;
• 9.2.2 the Company must maintain the confidentiality and security of the personal information; and
• 9.2.3 the Company must indemnify Stone Freight Solutions harmless against all claims, losses, costs, liability and expenses incurred by Stone Freight Solutions directly or indirectly in respect of any misuse or disclosure of personal information, and any act or omission by a person to whom the Company have disclosed personal information.

LIABILITY

10.1    Stone Freight Solutions is not liable to the Company in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Company of a direct, indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

10.2    Stone Freight Solutions is not liable to the Company for loss or damage caused by any conduct, acts or omissions of a candidate, or suitability for or performance of a Candidate for a particular position.

10.3    Notwithstanding that Stone Freight Solutions may make recommendations or provide the Company with advice on the recruitment of a Candidate, the Company acknowledge that any decision to recruit the Candidate is made at the Company’s sole discretion, based on the Company own investigations and not in reliance of any recommendation, advice or information provided by Stone Freight Solutions.

10.4    Stone Freight Solutions is not liable for any loss or damage caused by inaccurate information regarding the Candidate, including information relating to the Candidates qualification, experience, employment or references.

10.5    Stone Freight Solutions is not liable for any loss or damage cause by delay or failure to introduce a suitable Candidate or a Guarantee Replacement Candidate within a certain period of time or at all.

AUSTALIAN CONSUMER LAW

If applicable, Stone Freight Solutions will comply with its obligations under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 Cth).

LAW AND JURISDICTION

These Terms and Conditions and any other agreement between the parties are government by, and will be construed in accordance with the laws from time to time in New South Wales, Australia.  The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.