TERMS AND CONDITIONS
Where Accel Pty Ltd (“Accel”) provides you with candidates for permanent employment or temporary placement, it does so in accordance with the terms and conditions set out below.
Your employment or engagement of a candidate within six months of their introduction to you by Accel is deemed to be an acceptance of these terms and conditions, which are effective until new terms and conditions are notified to you in writing by Accel.
GENERAL
Advertising: No advertising will occur at your cost without your prior written approval.
Expenses: No out-of-pocket expenses will be incurred by Accel at your cost without your prior written approval.
Privacy: All information provided by Accel to you must be handled confidentially, and in accordance with the Privacy Principles under the Privacy Act 1988 (Cth). Accel adheres to the Privacy Act and its privacy policy can be viewed at www.accelgroup.com.au.
Governing law: These terms and conditions are to be construed in accordance with the laws of the State of Victoria, Australia.
Your responsibilities: You are responsible for the direction, control, and all acts, omissions and errors of both temporary staff and permanent employees introduced by Accel during their placement with, or employment by, you. You are responsible for ensuring all obligations under applicable occupational health and safety, equal opportunity and sexual harassment legislation are satisfied in relation to employees and temporary staff introduced by Accel.
The responsibility for protecting your confidential information and intellectual property lies solely with you and Accel is not liable for any claim or loss or damage (including consequential loss) arising from any use or misuse of your confidential information and intellectual property.
Payment terms: All invoices incurred in the provision of both employees and temporary staff (outlined below) are payable within 14 days from the date of receipt of the invoice. All invoices incurred relating to ‘advertising’ or ‘expenses’ are payable within 7 days from the date of receipt of the invoice.
Accel may in its sole discretion, charge interest (at the rate of the all groups Consumer Price Index most recently published by the Australian Bureau of Statistics) from the due date for payment of any invoice until and including the actual date of payment of that invoice.
Disclaimer: Accel will endeavour to select candidates who are suitable for your needs. Accel will endeavour to provide accurate details on candidates in terms of their qualifications and experience. These details will be based on information that candidates supply to Accel and no responsibility can be accepted for errors, omissions, or incorrect conclusions drawn from the details. It is your responsibility to make the final recruitment decision.
To the extent permitted by law, all warranties in relation to the provision of services by Accel are excluded and Accel shall not be liable for any claim including loss or damage (including consequential loss) arising out of the introduction of a candidate to you, or advice or services given by a candidate employed by you. The liability of Accel for breach of warranties implied by the Trade Practice Act 1974 (Cth) is limited to supplying the services again or paying the costs of having the services supplied again.
PERMANENT PLACEMENTS
Fees: The placement fee payable to Accel for providing permanent candidates is calculated as a percentage of the employee’s salary package (which refers to the employee’s base wage, superannuation, allowances, anticipated bonus, commission and non-salary benefits) plus GST. The placement fee is payable to Accel upon an offer by you being accepted by the candidate.
The placement fee is calculated as follows:
|
Salary package |
Placement fee |
|
$0,000 - $49,999 |
15% |
|
$50,000 - $74,999 |
18% |
|
$75,000 – 124,999 |
21% |
|
$125,000 + |
24% |
|
|
Guarantee: Subject to the limits set out in the next paragraph, if an employee introduced by Accel leaves your employ within twelve weeks of the employee’s start date, Accel will, in its sole discretion, either:
• submit the CV of a replacement candidate within 7 business days from the
date of notification or
• at your request, provide a 100% credit for services within the capability of
the division in which the placement was originally made. This credit is valid
for 12 months from the date of notification.
The guarantee only applies to the initial placement of an employee and only where Accel’s invoice is paid within 14 days. The guarantee will not apply if you do not provide written notice to Accel within 48 hours of the employee’s departure or if the employee leaves due to a redundancy, a significant change in their position description or because of a breach of workplace law by you. The guarantee only applies if Accel is given exclusivity to replace the candidate for the first 7 business days after notification. Should the salary package of the replacement candidate differ, the credit or invoice will be adjusted accordingly.
TEMPORARY PLACEMENTS
Fees: The fees payable to Accel for providing temporary candidates is calculated according to a rate agreed with you, multiplied by the number of hours worked. You must sign weekly timesheets confirming the number of units worked by the employee.
The minimum chargeable time is four hours for all placements.
Expenses: You are responsible for reimbursing all expenses incurred by a temporary candidate relating to or during or relating to the placement with you.
Subsequent temporary engagement: You agree that if a temporary candidate introduced by Accel returns to your employment as a temporary employee within 12 months of the end of their last placement, this will be done through Accel.
Subsequent permanent engagement: You agree that you will pay a fee to Accel if you permanently or directly employ a temporary employee introduced by Accel within 12 months of the end of their last placement. The fee is calculated as a percentage of the permanent placement fee according to the length of engagement already served by the employee.
The fee is calculated as follows:
|
Length of engagement |
Percentage of permanent placement fee |
|
Up to 6 months |
100% |
|
6 – 9 months |
75% |
|
9 – 12 months |
50% |
|
Over 12 months |
25% |
Accel’s responsibilities regarding temporaries: All candidates placed temporarily through Accel are contracted to Accel, who will ensure all legislative requirements in respect of deductions and payments of statutory levies including income and payroll tax and superannuation, workers compensation, professional indemnity and public liability insurance are met.
Insurance: Notwithstanding the above, you are responsible for ensuring that during their placement with you, temporary staff introduced by Accel are adequately covered by any insurance policy held by you over and above Accel’s insurance policies. For example, to cover an employee where they are required to handle valuables such as cash or important documents, operate machinery or equipment, or drive vehicles.
Guarantee: If you notify Accel of your dissatisfaction with a temporary candidate within the first four hours of their commencement on site, Accel will replace the candidate promptly with no charge for those four hours. No guarantee is provided in relation to temporary employees that become direct contractors or permanent employees of your company. | 
