TW Recruiter Pty Ltd
Website: https://twrecruiter.com.au

These Terms and Conditions (“Terms”) govern all recruitment and candidate introduction services provided by TW Recruiter Pty Ltd (“TW Recruiter”, “we”, “us”, “our”) to any client (“Client”, “you”, “your”).

1. Definitions and Interpretation

• “Candidate”
  Means any individual introduced, referred, identified, sourced, screened, assessed, or presented by TW Recruiter to the Client.
• “Client”
  Means any individual, business, company, partnership, trust, or organisation engaging TW Recruiter’s services.
• “Introduction”
  Means the provision of Candidate information or details to the Client by TW Recruiter, whether verbally, electronically, in writing, directly, or indirectly.
• “Placement”
  Means any engagement of a Candidate by the Client, whether directly or indirectly, including as:
  • employee;
  • contractor;
  • consultant;
  • freelancer;
  • temporary worker;
  • casual worker;
  • outsourced provider; or
  • through any related entity or third party.
• “Fee”
  Means the recruitment or placement fee payable by the Client as agreed in writing or otherwise invoiced by TW Recruiter.
• “Services”
  Means recruitment, sourcing, screening, referral, candidate assessment, introduction, and related recruitment services provided by TW Recruiter.

2. Engagement of Services

2.1 TW Recruiter acts solely as an independent recruitment intermediary.

2.2 TW Recruiter provides professional recruitment, sourcing, screening, and candidate assessment services to assist Clients in identifying suitable Candidates for potential engagement.

2.3 TW Recruiter does not employ, engage, supervise, direct, control, manage, payroll, or otherwise act as the employer of any Candidate unless expressly agreed in writing.

2.4 TW Recruiter is not a labour hire provider, payroll provider, Employer of Record (EOR), migration agent, legal advisor, or employment agency unless expressly agreed in writing.

2.5 Any employment, contractor, payroll, taxation, superannuation, workplace, immigration, or statutory obligations arising from a Placement remain solely the responsibility of the Client and Candidate.

2.6 TW Recruiter provides services on a non-exclusive basis unless otherwise agreed in writing.

3. Client Responsibilities

The Client agrees to:

a) provide accurate and complete information regarding the role, remuneration, responsibilities, working conditions, and engagement structure;

b) comply with all applicable laws, including workplace, employment, contractor, privacy, anti-discrimination, taxation, immigration, and health and safety laws;

c) independently assess the suitability of any Candidate prior to engagement;

d) promptly notify TW Recruiter of:

• any offer made to a Candidate;
• any Placement;
• any withdrawal or change to a role; and
• any material changes to engagement terms;

e) treat all Candidates lawfully, fairly, respectfully, and professionally;

f) not circumvent or attempt to avoid payment of Fees payable to TW Recruiter; and

g) maintain confidentiality regarding all Candidate information provided by TW Recruiter.

4. Fees and Payment

4.1 A Fee becomes payable immediately upon a Placement.

4.2 A Placement occurs where a Candidate introduced by TW Recruiter is engaged by the Client, whether directly or indirectly, within 12 months of Introduction.

4.3 Fees apply regardless of whether the Placement occurs:

• through a related entity;
• through another recruiter or intermediary;
• following an initial rejection;
• following a delayed engagement; or
• under a different role, title, or engagement structure.

4.4 Unless otherwise agreed in writing, all invoices are payable within 14 days of invoice date.

4.5 All amounts are exclusive of GST unless otherwise stated.

4.6 TW Recruiter may charge interest on overdue amounts at a rate of 10% per annum calculated daily.

4.7 The Client is liable for all reasonable debt recovery, legal, and collection costs incurred by TW Recruiter arising from overdue accounts.

4.8 The Client must not withhold payment due to dissatisfaction with Candidate performance, resignation, termination, or business circumstances unless expressly agreed in writing.

5.  Introduction Protection and Non-Circumvention

5.1 Candidate introductions, screening processes, assessments, and associated recruitment materials remain the confidential business information and intellectual property of TW Recruiter.

5.2 The Client must not directly or indirectly circumvent TW Recruiter to avoid payment of Fees.

5.3 Fees remain payable where a Candidate introduced by TW Recruiter is engaged by:

1. the Client;
2. any related body corporate;
3. associated entity;
4. shareholder;
5. director;
6. contractor;
7. affiliate; or
8. family member of the Client.

5.4 Candidate details must not be disclosed to any third party without TW Recruiter’s prior written consent.

5.5 The Client acknowledges that TW Recruiter’s recruitment methodologies, candidate databases, screening frameworks, and evaluation processes constitute valuable proprietary business assets.

6. Replacement Guarantee

6.1 Any replacement guarantee only applies where expressly agreed in writing.

6.2 Where applicable, TW Recruiter may, at its sole discretion:

• provide a replacement Candidate;
• provide a partial credit; or
• provide a partial refund.

6.3 Any replacement guarantee is void where:

• the Client breaches these Terms;
• invoices remain unpaid;
• the role materially changes;
• remuneration or working conditions change;
• redundancy or restructuring occurs; or
• the Candidate resigns due to workplace conditions, management issues, cultural issues, or changes introduced by the Client.

7. Candidate Screening and No Warranties

7.1 TW Recruiter provides professional recruitment, sourcing, screening, and candidate assessment services designed to assist Clients in identifying suitable Candidates for potential engagement.

7.2 As part of its Services, TW Recruiter may undertake reasonable screening processes including:

• interviews;
• communication assessments;
• skills screening;
• reference checks;
• resume and employment history review; and
• other recruitment evaluation processes as determined by TW Recruiter.

7.3 TW Recruiter does not warrant or guarantee:

• candidate performance;
• ongoing suitability;
• cultural fit;
• continued availability;
• future conduct;
• business outcomes; or
• the accuracy or completeness of information provided by Candidates or third parties.

7.4 While TW Recruiter undertakes reasonable recruitment and screening processes, the Client remains solely responsible for:

• conducting its own due diligence;
• assessing Candidate suitability;
• verifying qualifications, licences, references, visas, and background information where required; and
• making all final hiring and engagement decisions.

7.5 Any recommendation, opinion, assessment, or commentary provided by TW Recruiter is general recruitment guidance only and does not constitute a guarantee, warranty, or representation regarding any Candidate.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, TW Recruiter excludes all liability arising from:

• candidate acts or omissions;
• employment decisions;
• workplace disputes;
• contractor disputes;
• payroll obligations;
• taxation obligations;
• immigration matters;
• regulatory breaches; or
• any loss arising from reliance on Candidate information.

8.2 TW Recruiter’s total aggregate liability arising out of or connected with the Services is limited to the Fees paid by the Client to TW Recruiter for the relevant Placement.

8.3 TW Recruiter is not liable for any indirect, consequential, special, punitive, or economic loss, including:

• loss of profits;
• loss of revenue;
• business interruption;
• reputational damage;
• opportunity loss; or
• anticipated savings.

9. Indemnity

The Client indemnifies and holds harmless TW Recruiter, its directors, officers, employees, contractors, and representatives against all claims, liabilities, losses, damages, penalties, costs, and expenses arising from:

• the Client’s engagement or use of a Candidate;
• breaches of workplace or contractor laws;
• taxation or superannuation obligations;
• immigration breaches;
• disputes between the Client and Candidate; or
• any unlawful, negligent, misleading, or improper act or omission of the Client.

10. No Legal or Employment Advice

10.1 Any information provided by TW Recruiter regarding offshore staffing, contractor engagement, workforce structures, recruitment models, or hiring practices is general information only.

10.2 TW Recruiter does not provide legal, taxation, migration, accounting, employment, regulatory, or compliance advice.

10.3 Clients must obtain independent professional advice before engaging Candidates or implementing workforce arrangements.

11. Confidentiality and Privacy

11.1 Both parties must maintain the confidentiality of all commercial and Candidate information exchanged during the engagement.

11.2 The Client must comply with all applicable privacy and data protection laws regarding Candidate information.

11.3 Candidate information must only be used for genuine recruitment and engagement purposes.

11.4 The Client must not store, distribute, or use Candidate information for unrelated commercial purposes.

12. Non-Solicitation

12.1 The Client must not solicit, employ, or engage any employee or contractor of TW Recruiter for a period of 12 months following engagement without TW Recruiter’s prior written consent.

12.2 Where such engagement occurs, TW Recruiter reserves the right to charge a recruitment fee equivalent to its standard placement fee.

13. Termination

13.1 Either party may terminate the engagement at any time by written notice.

13.2 Termination does not affect accrued rights, including TW Recruiter’s entitlement to Fees arising from any Candidate Introduction or Placement.

13.3 Clauses relating to Fees, confidentiality, liability, indemnities, non-circumvention, and governing law survive termination.

14. Force Majeure

TW Recruiter is not liable for any delay or failure in performance arising from events beyond reasonable control, including:

• natural disasters;
• pandemics;
• internet or telecommunications failures;
• cyber incidents;
• industrial disputes;
• government actions;
• power outages; or
• third-party platform failures.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

16. Amendments

16.1 TW Recruiter may amend these Terms from time to time.

16.2 Updated Terms become effective immediately upon publication on TW Recruiter’s website or written notification to the Client.

16.3 Continued engagement of Services constitutes acceptance of the updated Terms.

17. No Employment or Agency Relationship

17.1 Nothing in these Terms creates any:

• employment relationship;
• agency relationship;
• partnership;
• joint venture;
• fiduciary relationship; or
• representative authority

between TW Recruiter and the Client, or between TW Recruiter and any Candidate.

17.2 TW Recruiter acts solely as an independent recruitment intermediary unless expressly agreed otherwise in writing.

18. Client Responsibility for Workforce Compliance

18.1 The Client acknowledges that responsibility for determining the legality, classification, taxation treatment, employment status, contractor structure, payroll obligations, immigration compliance, and regulatory compliance of any Candidate engagement rests solely with the Client.

18.2 The Client is solely responsible for obtaining independent legal, taxation, migration, accounting, employment, or regulatory advice relating to any Candidate engagement or workforce arrangement.

19. Electronic Acceptance

19.1 The Client acknowledges and agrees that any of the following constitutes acceptance of these Terms:

• requesting recruitment services;
• receiving Candidate information;
• interviewing a Candidate;
• communicating with a Candidate introduced by TW Recruiter;
• engaging a Candidate; or
• making payment to TW Recruiter.

19.2 Acceptance may occur electronically, verbally, in writing, or through conduct.

20. Entire Agreement

20.1 These Terms constitute the entire agreement between the parties regarding the Services.

20.2 These Terms supersede all prior discussions, negotiations, representations, understandings, or agreements relating to the Services.

20.3 The Client acknowledges that it has not relied upon any representation, statement, warranty, promise, or assurance not expressly set out in these Terms.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

22. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.

23. Exclusive Jurisdiction

This prevents clients bringing claims years later.

Add:

24.1 To the maximum extent permitted by law, the Client must bring any claim arising out of or connected with the Services within 12 months of the relevant event giving rise to the claim.

24.2 TW Recruiter will not be liable for any claim commenced after this period.

Very valuable commercially.

25. Dispute Resolution

This helps prevent immediate legal escalation and expensive litigation.

Add:

25.1 Before commencing legal proceedings, the parties must first attempt to resolve any dispute through good faith negotiations.

25.2 If a dispute cannot be resolved within 14 days, the parties agree to attempt mediation in New South Wales before commencing court proceedings, except where urgent interlocutory relief is required.

25.3 Each party bears its own costs of mediation unless otherwise agreed.

26. Candidate Terms and Recruitment Disclaimer

26.1 TW Recruiter acts solely as an independent recruitment intermediary connecting Candidates with prospective Clients.

26.2 TW Recruiter does not employ Candidates and is not responsible for any employment, contractor, payroll, taxation, superannuation, benefits, leave entitlements, workplace obligations, immigration matters, or statutory obligations arising between any Candidate and Client unless expressly agreed in writing.

26.3 TW Recruiter does not guarantee:

• interviews;
• job offers;
• placements;
• remuneration levels;
• visa outcomes;
• ongoing work; or
• employment outcomes for any Candidate.

26.4 Candidates are solely responsible for ensuring that all information, qualifications, experience, licences, resumes, and representations provided to TW Recruiter are accurate, truthful, current, and not misleading.

26.5 Candidates consent to TW Recruiter collecting, storing, assessing, using, and disclosing Candidate information to prospective Clients for recruitment and placement purposes in accordance with applicable privacy laws.

26.6 TW Recruiter is not responsible for:

• client conduct;
• workplace conditions;
• payment disputes;
• terminations;
• contractor disputes;
• employment disputes; or
• any acts or omissions of Clients following a Candidate introduction or Placement.

26.7 Any engagement entered into between a Candidate and Client is solely between those parties.

26.8 To the maximum extent permitted by law, TW Recruiter excludes all liability arising from Candidate participation in recruitment processes or engagement with any Client.

26.9 By submitting information, applying for roles, communicating with TW Recruiter, or participating in recruitment processes, Candidates acknowledge and accept these Terms.