ON-DEMAND TERMS & CONDITIONS

This is only a summary guide to our Workforce Services Supply Contract (Long Form Contract), which can be provided upon request. Many important words and expressions that are used in this Synopsis are defined or explained in our Long Form Contract. You should familiarise yourself with them.

The Synopsis does not replace our Long Form Contract, which you should read carefully and about which you should obtain your own legal advice. If you communicate your acceptance of this Synopsis, or request our Workforce Services, after you have received a copy of it, you will be bound by our Long Form Contract.

1. Master Contract
   1. Our Contract governs all requests for our Workforce Services.
   2. Our Contract covers the Parties, their permitted successors and assigns.
   3. The General Conditions Part applies to the supply and acquisition of our Workforce Services.
   4. The Labour-Hire Services Part applies to the supply and acquisition of our Labour-Hire Services.
   5. The Placement Services Part applies to the supply and acquisition of our Placement Services.
   6. The Fees Schedule sets out how our fees and charges are calculated.
   7. The Business Schedule contains important terms on which we both agree to do business.
   8. The Definitions & Interpretation Schedule sets out agreed definitions and rules for interpretation.
   9. The Privacy Policy sets out the terms by which the privacy of all Parties will be maintained.
   10. A Synopsis is a summary guide to our Long Form Master Services Contract.
2. Acceptance
   1. Our Contract can be accepted orally, in writing, or by requesting our Workforce Services
3. Acknowledgements & Co-operation
   1. The Parties agree our Contract is reasonable to protect their interests in supplying or acquiring our Workforce Services.
   2. Candidate Presentation is ongoing.
   3. The Parties agree to co-operate.
4. Services Requests & Authority to Initiate Candidate Presentation
   1. We may require written confirmation of your Services Requests.
   2. Parties may nominate representatives to co-ordinate the supply and acquisition of our Workforce Services.
   3. We may decline your Services Requests.
   4. You give us permission to present Candidates for Positions.
   5. We reserve the right to determine through which medium we present our Candidates, including digital or other mediums, and for which a fee may be charged for our client’s access.
5. Our General Responsibilities
   1. Our general responsibilities are additional to non-excluded obligations.
   2. We will provide our Workforce Services as agreed.
   3. We will obtain our Candidates’ permission to present them to you.
   4. We will supply extra services that are expressly agreed.
   5. We will be responsible for meeting agreed service levels.
   6. We will be responsible for obtaining and maintaining agreed certifications or industry association memberships.
6. Your General Responsibilities
   1. You must conduct your business lawfully.
   2. You must ensure Candidates whom you employ have the legal right to work.
   3. You will not require us to act in breach of our licence condition, professional responsibilities etc.
   4. You will not charge our Candidates certain fees or charges for the jobs they perform (“Employment Premiums”).
   5. You must provide accurate information.
   6. You share responsibility for satisfying yourself that our Candidates meet the requirements of their work.
   7. You must preserve the privacy of our Candidates’ personal information.
   8. You must have due regard for our Candidates’ obligations owed to their previous employers.
   9. You must notify us of our Candidate’s acceptance of an offer of employment with you.
   10. You must provide work tasks for Rockstar on-demand candidates that is reasonably commensurate with our representation of their experience and skills.
7. Fees, Charges & Invoices
   1. You must pay our fees and charges when they are due.
   2. You must pay advertising and other expenses you have authorised.
   3. We will provide invoices.
   4. We may vary our fees and charges on notice sufficient to give you an opportunity to negotiate them with us or to terminate this Contract.
   5. Our fees and charges are stated on a GST exclusive basis.
8. Exclusion of Certain Liabilities
   1. You acknowledge and agree that you bear non-exclusive responsibility for the work our Candidates perform for you.
   2. We make no representations that our Candidates will achieve performance levels etc. Any representation of expected performance of Candidates, or the anticipated value to our customers of engaging our Candidates through an Assignment or recruitment, are estimations only.
   3. We exclude liability to you and require you to indemnify us for damage etc. caused by our Candidates (including by their negligence) except to the extent to which we have contributed to it. We limit our liability arising under statutory consumer guarantees.
   4. Exclusions of liability and indemnities continue after termination of the Contract.
   5. We reserve the right to request your feedback on our services and to use that feedback however we deem appropriate.
9. Termination
   1. Either Party can terminate this Contract “for convenience” by written notice.
   2. Either Party can terminate this Contract for serious breach which cannot be remedied, or which remains unremedied after notice.
   3. Either Party can terminate this Contract for an Insolvency Event.
10. Confidentiality
    1. Candidate information is provided confidentially & solely for the supply, acquisition, and use of our Workforce Services.
    2. We can choose not to disclose the results of our pre-placement investigations or evaluations of our Candidates.
11. Dispute Resolution
    1. The Parties will try to resolve disputes in good faith & in accordance with the RCSA Code & dispute procedures.
12. Notices
    1. Notices must be given in writing.
13. Assignment & sub-contracting
    1. The Parties may not assign or sub-contract their responsibilities under this Contract without consent.
14. Events Beyond Control
    1. Parties may be excused for failure to perform due to events beyond their control.
15. Waiver
    1. Indulgences do not amount to waiver.
16. Severance
    1. Terms can be severed.
17. Jurisdiction
    1. The Parties choose the law and jurisdiction that governs the Contract.
18. Relationship
    1. The Parties’ relationship is that of independent supplier and acquirer of our Workforce Services.
19. Entire Agreement
    1. This Contract, including its various parts, schedules & any relevant Service Level Agreement or Workforce Services Brief constitutes our entire agreement.

ON-DEMAND PART

1. Our Additional On-Demand Responsibilities
   1. We will source and engage our on-demand candidates
   2. We will take reasonable steps to ensure our On-demand Candidates are competent, skilled and qualified for the work they are to perform.
   3. We are responsible for providing Work Entitlements of our On-demand Candidates.
   4. We will take out all necessary insurances required by law.
2. Your Additional Responsibilities
   1. You must provide reasonable access to your workplaces & information.
   2. You must not direct our On-demand Candidates to work at workplaces we have not agreed.
   3. You must not on-demand, second or lend our On-demand candidates without our permission.
   4. You must inform us of inherent requirements or genuine occupational requirements of the work, and you are responsible for making reasonable adjustments required by anti-discrimination laws.
   5. You must properly supervise our On-demand candidates whilst they are within your legal responsibility.
   6. You must report adverse conduct or performance issues to us and allow us to manage them.
   7. You must familiarise yourself with industrial instruments under which our On-demand candidates perform their work and supervise our On-demand candidates in accordance with their provisions.
   8. You must ensure that our On-demand candidates work within the skill level & classification according to which they are provided by us to you.
   9. You must provide all Work Equipment at your own expense other than Work Equipment which we agree that we, or our On-demand candidates, will provide. In default, we can provide it and charge you accordingly.
   10. You must submit completed timesheets on time. In default, we can make an estimate of the work performed by our On-demand candidates and invoice you accordingly.
   11. Persons whom you appoint to perform any function on your behalf that directly affects our On-demand candidates must be fit and proper to act in that role.
   12. We may require you to disclose Service Network arrangements that affect our On-demand candidates.
   13. We may require you to disclose the identity of suppliers and participants in your tiered supply arrangements or supply chain.
3. Insurance
   1. Parties must take out and maintain agreed insurances. If you are in default, we can take out the missing insurance and recover the cost of it together with our handling margin.
   2. Parties will notify each other promptly of events or circumstances that might give rise to claims against them or our On-demand candidates in connection with the work our On-demand candidates perform.
   3. Furthermore, TOTM explicitly refuses any insurance-related responsibilities for damages caused directly or indirectly by our Rockstars in the performance of work tasks requested of them by a Host during the period of an Assignment. This extends to liability for at-fault vehicle damage or personal injury caused by a Rockstar in any capacity. Rockstars are expected to be covered by the insurances of our clients in the same manner as their own employees, who may be subjected to the same related liability costs as our client’s contracted staff when found to be at fault for damages, fines or penalties. This clause survives termination of this contract.
   4. Parties will co-operate with insurers who are handling claims & notifications.
4. Work Health & Safety and Welfare Responsibilities
   1. Parties will consult, co-operate & co-ordinate work health & safety and welfare responsibilities as required.
   2. Supply arrangements are to have regard to applicable “Horizontal Engagement” requirements.
   3. You must provide site-specific inductions.

PLACEMENT SERVICES PART

1. Additional Fee Provisions
   1. When acting on a retained basis, we will charge fees and invoice in agreed stages.
   2. When acting on a contingent basis, we will only charge a fee if our presentation of the Candidate is materially instrumental to the Candidate’s Placement with you.
   3. Parties agree that “material instrumentality” can be presumed in certain cases. The presumption of material instrumentality is rebuttable.
   4. Certain common means by which our Candidate may already be known to you do not, of themselves, rebut the presumption of material instrumentality.
   5. The presumption of material instrumentality is automatically rebutted in some cases.
   6. If our fees are calculated as a percentage of Annual Gross Remuneration (AGR) AND AGR has not been agreed with the successful Candidate at the time when we may invoice you for payment, AGR will be calculated based on the highest amount advised to us by you at any time up to the time of invoicing.
   7. If AGR includes commissions or earned bonuses, we can estimate AGR inclusive of the commission or bonus and invoice you accordingly. You can dispute our estimate.
   8. If a TOTM Rockstar is offered a permanent position by a host business, and the Rockstar accepts this position, TOTM offers no candidate guarantee against the future performance of that recruited worker.

CONTACT US

Privacy Officer: Gavin Stocks
Address: The Cooperage, Suite 401/56 Bowman St, Pyrmont NSW 2009

Email: privacy@techsonthemove.com.au
Phone: 02 9552 2750
Post: PO Box 59, Westgate, NSW 2048, Australia