Terms and Condition

Task Bridge Pty Ltd (ABN 60 683 051 112)

Definitions

Candidate:  means a contractor introduced to you by Taskbridge.

Client:  means you and includes each and every related corporation, office, branch and operation of the Client, whether located at the above-mentioned address or elsewhere.

Us or Taskbridge:  means Task Bridge Pty Ltd and its associated entities.

1. Terms and Conditions Apply

1.1  You are subject to, and agree to, these Terms and Conditions if you instruct us to provide recruitment services for you.

1.2  Our services to you include:

  • Suggesting candidates;

  • Processing of payroll to each candidate; and

  • Advising when candidates can and cannot assist your business.

2. Fee Conditions

2.1  The fee payable by you to Taskbridge will be as outlined in the attached Schedule of Fees. If the position is part-time or casual, the fee will still be based on the full-time equivalent.

2.2  You agree not to enter into any direct payroll, contracting, or engagement arrangement with the Candidate, and to promptly notify Taskbridge in writing of any approach by a Candidate to do so.

2.3  All invoices are due and payable upon receipt, all Fees are payable by direct debit.

2.4  GST at the applicable rate will be included in all listed fees and costs.

2.5  During the course of our proposal, recruitment and management of Candidates, both parties may be exposed to confidential information regarding each other's business policies, practices and position. You agree to keep confidential any information provided by Taskbridge to you.

3. Placement Offers Within 12 Months

3.1  Where a Candidate is offered placement within 12 months of notification of the availability of that Candidate, you must pay the applicable fees payable as provided in Clause 2.

4. Termination of Placement and Replacement Guarantee

4.1  Should a Candidate leave or be terminated for poor performance within 3 months of the date of commencement, we will endeavour to provide a replacement.

4.2  Clause 4.1 is subject to the following conditions:

  • You must not be in default of this agreement;

  • Taskbridge must be given the opportunity to replace the Candidate; and

  • The replacement guarantee contained in Clause 4.1 does not apply to terminations due to restructuring, changes to the position description, a failure of management or communication, or a change of mind.

5. Privacy

5.1  Taskbridge supports and complies with the National Privacy Principles and has procedures in place to meet the requirements of the law. We will treat all personal information provided to us with respect and will take all reasonable steps to ensure it is correct, secure and protected from unauthorised use. Taskbridge has provided a copy of our Privacy Policy to all Candidates and instructed them to adhere to the National Privacy Principles, maintain confidentiality and not disclose your personal information.

5.2  Both parties agree to observe the Privacy Act 1988 (Cth) and other applicable privacy laws in respect of all Personal Information (as defined in the Privacy Act), and to keep Personal Information secure and confidential.

6. Further Conditions

6.1  You should determine whether the Candidate referred to you is suitable for placement, as we do not accept liability for any claim for loss, expense, damage or delay as a result of our referral or your placement of a Candidate.

6.2  All information, whether written or verbal, regarding Candidates must be treated as confidential and must not be disclosed to any third party. If a Candidate introduced by us subsequently gains placement as a result of any such disclosure to a third party, a placement fee will be due and payable by the client who received the initial introduction.

6.3  Taskbridge will advise successful and unsuccessful Candidates with regard to any position.

7. Client Obligations

7.1  You must notify Taskbridge, in writing, as soon as practicable after a Candidate commences work for you.

7.2  The Candidate is engaged by Taskbridge as its employee and/or contractor. No relationship of principal and agent, or employer and employee, is created or implied between the Client and the Candidate. The Client must not enter into any separate contract, engagement terms, or direct payment arrangement with the Candidate.

7.3  You must comply with all laws relevant to your use of the Candidate’s services, including but not limited to the Fair Work Act 2009 and the Independent Contractors Act 2006, insofar as they apply to your treatment of the Candidate while performing work for you (e.g. workplace health and safety, non-discrimination). Taskbridge remains responsible for all employment-related matters concerning the Candidate, including wages, entitlements, and statutory compliance as employer/contractor of the Candidate.

7.4  Taskbridge is solely responsible and liable for payment of all wages, fees, and entitlements due to the Candidate for the duration of the Candidate’s engagement with Taskbridge. The Client’s fee obligations to Taskbridge are as set out in Clause 2 and the Schedule of Fees, and are separate from and do not constitute payment to the Candidate.

7.5 You indemnify and hold harmless Taskbridge in relation to any claims made against Taskbridge, or loss or damage suffered by Taskbridge, arising from your breach of Clauses 7.1 to 7.3.

8. Warranties

You warrant that:

  • Equal employment opportunity principles shall be adhered to by the Client, insofar as no unlawful discrimination shall take place in job advertisements, job interviews and the selection process;

  • The Candidate will not be required to work in a position inconsistent with the position for which the Candidate was recruited;

  • The Candidate will not be required to perform unpaid trial work;

  • The Candidate will be properly remunerated at all times during the placement, including for work completed during any trial period;

  • During a probationary period involving a Candidate, the Client will endeavour to provide counselling and guidance to improve performance if necessary. The Client acknowledges that the probationary period allows both the Client and the Candidate a chance to assess each other and the position and decide whether to continue the relationship; and

  • The Client, or any principal of the business of the Client, has not been found in breach of any laws and is not awaiting the outcome of any proceedings involving any alleged breach of any laws.

9. Limitation of Liability

9.1 Under this agreement, the final selection of the Candidate for work by the Client is to be made solely by the Client. It is the sole responsibility of the Client to satisfy itself as to the Candidate's qualifications, competency, integrity and suitability for the position.

9.2 Taskbridge will not be liable to the Client or any third party for:

  • Any loss, damage, cost or expense arising directly or indirectly as a consequence of any act or omission (whether negligent, dishonest, fraudulent or otherwise) of any Candidate sourced through Taskbridge;

  • Any injury, loss, damage or expense arising from any failure by Taskbridge to supply permanent workers;

  • Any death, injury, loss or damage arising out of or caused by any act or omission of any Candidate referred by Taskbridge, whether or not such act or omission is negligent, wrongful or unlawful, and the Client agrees to indemnify and hold Taskbridge harmless against any and all claims, costs (including costs on a solicitor and client basis), actions, suits or demands that may be made against Taskbridge as provided for herein;

  • Independently of, severable from, and to be enforced independently of, any other enforceable or unenforceable provision of this agreement, Taskbridge will not be liable to the Client (nor to any person claiming rights derived from the Client's rights) for incidental, consequential, special, punitive or exemplary damages of any kind, including lost profits, loss of business or other economic damage, and further including injury to property, as a result of breach of any warranty or other term of this agreement, regardless of whether Taskbridge was advised, had other reason to know, or in fact knew of the possibility thereof; and

  • Taskbridge's aggregate liability to the Client (including liability to any person whose claim or claims are based on or derived from a right or rights claimed by such other party), with respect to any and all claims at any and all times arising from or related to the subject matter of this agreement, in contract, tort or otherwise, may not exceed the aggregate total of the placement fee(s) actually paid by the Client to Taskbridge for the services provided under this agreement.

10. Communication

10.1 The Client and Taskbridge agree that any communication between them under this agreement may be sent by post or email. Where any communication is sent by email, the sender accepts any risk, problems and/or losses associated with the use of such mode of communication.

11. Dispute Resolution

11.1 The parties must, before resorting to court proceedings, refer any dispute between the parties under or relating to this agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 10 business days. If the dispute is not resolved, either party may, in its sole discretion, initiate court proceedings. Notwithstanding the existence of a dispute, each party must continue to perform its obligations under this agreement.

12. Termination of Agreement

12.1  Subject to the clauses pertaining to suitability and termination of Candidates, the Client or Taskbridge may terminate this agreement at any time by providing 30 days' notice in writing.

13. Relationship of the Parties

13.1  Nothing in this agreement, or any circumstances associated with it or its performance, gives rise to any agency or partnership between Taskbridge and the Client.

13.2  Nothing in this agreement, or any circumstances associated with it or its performance, gives rise to an employment relationship between Taskbridge and any Candidate or employee of the Client.

14. Miscellaneous

14.1  If any provision or term of these Terms and Conditions, or any part, becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, such provisions, terms and parts will be deemed to be deleted from these Terms and Conditions, provided always that if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions, the parties will negotiate in good faith to amend and modify the relevant provisions, terms and parts as may be necessary or desirable in the circumstances.

14.2  If we are prevented from, or delayed in, the performance of these Terms and Conditions by any act outside of our control, we shall not be liable to you for any breach of obligation under these Terms and Conditions, and time for performance of our obligation shall be extended accordingly.

14.3  These Terms and Conditions may not be amended or supplemented except in writing by a Director of Taskbridge Pty Ltd.

14.4  These Terms and Conditions shall be governed and construed in accordance with the relevant laws.

14.5  All business undertaken by Taskbridge is subject to the Terms and Conditions set out above, each of which shall be incorporated or implied by agreement between Taskbridge and you. In the event of any conflict between these conditions and any other terms and conditions or statute (other than a specific Supplier Agreement entered into between the Client and Taskbridge, in which case Clause 14.7 applies), the former shall prevail unless expressly agreed to by the company in writing.

14.6  The placement of any Candidate presented by Taskbridge is deemed to constitute acceptance of the above Terms and Conditions.

14.7 Order of Precedence Where the Client has entered into a specific Supplier Agreement (or similarly named agreement) with Taskbridge governing the engagement, employment status, remuneration, or supply of Candidates, these Terms and Conditions are intended to operate consistently with that agreement. In the event of any inconsistency or conflict between these Terms and Conditions and that Supplier Agreement, the terms of the Supplier Agreement shall prevail to the extent of that inconsistency.