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

Accordingly, these Terms and Conditions govern all recruitment and staffing services that TW Recruiter Pty Ltd (“TW Recruiter”, “we”, “us”, “our”) provides to any client (“Client”, “you”, “your”).

I. Definitions and Interpretation

• “Candidate” means any person introduced, referred, or presented by TW Recruiter to the Client.
• “Client” means any business, organisation, or individual engaging TW Recruiter for recruitment services.
• “Placement” means, accordingly, the engagement (whether permanent, contract, casual, or temporary) of a Candidate by the Client.
• “Fee” means, in turn, the recruitment fee that becomes payable upon a Placement.
• “Services” means, more broadly, recruitment, sourcing, screening, assessment, and placement services.
• “Introduction” means the provision of Candidate details to the Client, whether verbally, electronically, or in writing.

II. Engagement of Services

• TW Recruiter provides recruitment services on a non-exclusive basis unless otherwise agreed in writing.
• Additionally, the Client acknowledges that all Candidate introductions are confidential and we provide them solely for the purpose of potential engagement.
• However, TW Recruiter does not guarantee that any Candidate will be suitable, available, or ultimately employed by the Client.

III. Recruitment Fees

1. The Client agrees to pay TW Recruiter a Fee upon a successful Placement of a Candidate.
2. Accordingly, a Placement occurs when a Candidate accepts (verbally or in writing) an offer of employment or engagement with the Client or a related entity.
3. Fees are calculated as a percentage of the Candidate’s agreed annual remuneration package or as otherwise specified in writing.
4. In addition, the Client must pay all invoices within 14 days of issue unless otherwise agreed.
5. All amounts are exclusive of GST unless expressly stated otherwise.

IV. Re-Engagement / Introduction Protection Period

1. Where a Candidate introduced by TW Recruiter is engaged by the Client within 12 months of Introduction, a Fee remains payable in full.
2. This applies regardless of whether the engagement is direct or indirect, including through subsidiaries, affiliates, or related entities.

V. Replacement Guarantee (If Applicable)

1. A replacement guarantee only applies where expressly agreed in writing.
2. If a Candidate leaves or the Client terminates the Candidate within the agreed guarantee period, TW Recruiter may, at its discretion, accordingly provide a replacement Candidate or apply a partial credit or refund.
3. The guarantee is void where:

VI. Client Obligations

1. Provide accurate and complete information regarding the role, remuneration, and working conditions.
2. Notify TW Recruiter promptly of any changes to the position or hiring decision.
3. Comply with all applicable workplace laws, including the Fair Work Act 2009 (Cth), anti-discrimination laws, and workplace health and safety obligations.
4. Not directly or indirectly circumvent TW Recruiter to avoid payment of Fees.
5. Treat all Candidates fairly, respectfully, and lawfully.

VII. Liability and Disclaimers

1. TW Recruiter acts solely as an introducer of Candidates and makes no representation or warranty regarding:

• suitability, skills, qualifications, or background;
• performance or conduct post-placement; or
• ongoing employment of any Candidate.

2. Accordingly, to the maximum extent permitted by law, TW Recruiter does not accept liability for any loss, damage, claim, or expense arising from:

• Candidate acts or omissions;
• employment decisions made by the Client; or
• reliance on Candidate information.

3. Moreover, where the Competition and Consumer Act 2010 (Cth) does not allow us to exclude liability, we instead limit our liability, at TW Recruiter’s option, to the re-supply of Services or a refund of Fees paid for the relevant Placement.

VIII. Confidentiality

1. Both parties agree to maintain strict confidentiality regarding all commercial, operational, and Candidate information disclosed during the engagement.
2. Candidate information must not be shared with third parties without prior written consent from TW Recruiter.

IX. Termination

1. Either party may terminate the engagement at any time by written notice.
2. Termination does not affect any accrued rights, including entitlement to Fees for any Introduced Candidate subsequently engaged.

X. Force Majeure

TW Recruiter is not liable for any failure or delay in performance caused by events beyond reasonable control, including, for example, industrial disputes, natural disasters, pandemics, cyber incidents, or government restrictions.

XI. Governing Law

TW Recruiter governs these Terms under the laws of the State or Territory in which it principally operates; accordingly, the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

XII. Amendments

TW Recruiter may update these Terms from time to time; therefore, continued engagement of Services constitutes acceptance of any updated Terms.