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Terms and Conditions of business for the introduction of contractors

At IT Success Recruitment Services we endeavour to introduce applicants that are suitable for our clients’ vacancies. The responsibility for choosing to
engage an applicant rests entirely with our clients, who must advise us immediately of any dissatisfaction with an applicant. For your protection it is
imperative that you monitor the suitability of an applicant in the first few days of engagement, as once you have signed a timesheet and we have paid the
applicant we cannot entertain any claim of unsuitability. Because the bulk of our invoices fund the payroll of your applicant it is necessary for you to pay our
invoice promptly.

  1. In these terms and conditions of business: “IT Success” means IT Success Recruitment Services Pty Ltd trading as IT Success Recruitment Services ABN: 27 141 300 245. “Client” means that person, firm company, authority, or organisation to whom an applicant (“Applicant” means a person who is available for engagement by the client as a contractor) is introduced by IT Success (“introduced” includes notifying the client that an Applicant is available for engagement by the client).
  2. These terms apply, unless otherwise agreed in writing, to the exclusion of and shall prevail over all and any other terms. No variation shall be made to these terms without the prior written consent of a director of IT Success and unless otherwise agreed in writing, these terms apply on and from the date of the engagement of IT Success and manner whatsoever for and on behalf of the client.
  3. Introductions are confidential and personal to each client. Interviewing and engagement or use in whatever capacity by the client (or by third party as a result of an introduction by the client) of an applicant introduced by IT Success constitutes acceptance of these terms and conditions by the client.
  4. The client shall notify IT Success in writing immediately upon engaging any applicant introduced by IT Success (or upon the engagement of an applicant by any third party as a result of an introduction of such applicant by the client to the third party) and shall provide IT Success immediately on request with such information as IT Success may require to enable it to calculate fees or any other charges.
  5. Upon the client engaging an applicant introduced by IT Success any fees, charges or payments due to IT Success shall be invoiced to the client and shall be payable to IT Success within 14 days of the invoice date. Interest may be charged on any amount outstanding after 14 days from the date of the invoice at a rate of 12% per annum, and shall accrue daily until the outstanding balance is paid.
  6. If within 12 months of an applicant’s introduction by IT Success to the client, or termination of an engagement as a contract worker with the client through IT Success, (whichever is greater), the client (or any third party) wishes to engage in any capacity, other than through IT Success, any applicant introduced by IT Success, to the client (or introduced by the client to the third party), then the client shall pay a fee calculated as if it were the fee payable on the introduction of a permanent worker (see clause 9). If the Client is unwilling to divulge the detail of the total salary package or fails to notify IT Success of the engagement then IT Success shall charge a fee based on the salary it considers applicable in the circumstances, or in the case of an ex-contractor salary shall be calculated using the hourly rate last billed by IT Success multiplied by 1680 (being deemed to be the number of hours worked in a year) whichever is greater.
  7. IT Success asks all applicants for details of their qualifications and experience. Whilst IT Success endeavours to give satisfaction to its clients by providing suitable applicants, it is for the clients to verify the authenticity and accuracy of references and qualifications and to satisfy itself as to the suitability of an applicant introduced by IT Success for any particular job or position and their ability to operate any equipment and / or machinery. The client shall be responsible for obtaining any work or other permits and ensuring that an applicant satisfies any medical requirements or other qualifications. By reason of the human element involved, to the extent permitted by law, IT Success shall not be liable for any damage to property, costs, expenses, delay or any other direct or indirect loss (including loss of profits or other consequential loss) howsoever caused arising from any failure to provide applicants or staff at any time or the non-attendance of applicants or staff at any time or the negligence, misconduct or lack of skill of an applicant introduced by IT Success to the client.
  8. These terms & conditions shall be governed by the laws of the state and territory where the applicant is engaged and the parties submit to the jurisdiction of the courts of that state.
  9. The relationship between the client and the applicant will be one of client and contractor. Under no circumstance should the relationship be implied as one of employer and employee. If the client wishes to offer permanent employment then clause 4 of these terms and conditions of business shall apply.
  10. The client shall pay the hourly (or daily) charges of IT Success as notified to the client for all hours worked by the applicant and should promptly sign timesheets, enabling the contractor forward them immediately to IT Success. Failure to sign or forward timesheets will not preclude IT Success from charging in full for the time worked by the contractor calculated as IT Success shall consider appropriate. Travelling, hotel or other expenses as may be agreed will be itemised on any IT Success invoice in addition to the hourly (or daily) charges.
  11. IT Success may vary the hourly (or daily) charges upon mutual agreement of all parties concerned if the nature of the assignment changes.
  12. The hourly (or daily) charges are subject to any government imposed taxes and charges during the term of this agreement.
  13. The hourly (or daily) charges will be increased to overtime rates as agreed for each booking, but in any event if overtime is applicable, it will be charged and paid in the same ratio as normal rates (e.g. if the contractor is paid at time and a half, then the client will be billed at time and a half)
  14. IT Success (and not the client) is responsible for payment of the wages or other remuneration of each contractor (who may be employed under contracts of service or self employed) and for the deduction and payment of any relevant statutory contributions i.e. workers compensation insurance, payroll tax to meet state legislation and superannuation contributions, where applicable.
  15. If the client project duration period exceeds the contract term stated in the engagement of temporary contractor schedule, the client may at their option renew or extend the engagement of the contractor for a further term or terms. Contract renewals and / or extensions must be agreed in writing by all parties concerned. If there are significant changes in the services required by the contractor, IT Success may renegotiate fees payable with the contractor and with the client.
  16. If the client reasonably considers the contractor unsatisfactory and the client immediately dispenses with the contractors services and has notified IT Success within 6 hours of the contractor beginning work, then IT Success at its absolute discretion reduce or cancel any charges in respect of the contractor.
  17. If the client chooses to terminate an applicants engagement as a contractor with the client, then a provision payment for the notice period as detailed in the engagement of temporary schedule will apply. IT Success requires the client to supply written notice of termination to IT Success covering a minimum of 4 weeks notice to IT Success that the contractor is being terminated, unless an alternative notice period is negotiated in writing between IT Success and the client or serious misconduct applies. Any notice period given but not required to be worked by the contractor will be invoiced by IT Success to the client at the normal hourly rate for the contractor, calculated at 4 weeks multiplied by 37.5 hours or on a daily rate as 4 weeks multiplied by 5 days per week, where applicable. Any special adjustment to this condition will be noted in the engagement of temporary contractor schedule.
  18. If a contractor terminates his or her engagement and / or the client lawfully terminates such engagement, IT Success will endeavour to find a replacement to IT Success’s best ability.
  19. Contractors supplied by IT Success are deemed to be under the direction, care and control of the client from the time they report to take up the duties for the duration of the assignment. The client will in all respects comply with all statutes, regulations and other legal requirements to which the client is ordinarily subject in respect of the client’s own staff (but excluding the matters referred to in clause 14 above). In any event IT Success’s liability will be strictly limited to the matters in fact covered by IT Success’s Professional Indemnity and Public Liability Insurance.
  20. If the client wishes to engage any applicant for a specific task or project, then unless IT Success otherwise agrees in writing with the client, that applicant shall be deemed to be a contractor and the paragraphs in these terms which apply to Contractors shall apply to that applicant for the duration of the specific task.