Overview
These terms and condition are between and ANSON Smart Workforce Pty Ltd and the clients accessing ANSON Smart Workforce services.
Please read this agreement carefully before accessing or using the information and services available through ANSON Smart Workforce. By engaging services provided by ANSON Smart Workforce you shall be deemed to have accepted these terms and conditions.
By accessing or using the ANSON and ANSON Smart Workforce websites you agree to be bound by the ANSON Smart Workforce Website Terms and Conditions and the terms of the ANSON Smart Workforce privacy policy.
We may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on our proposals and website.
Summary of key terms and conditions
- Information Accuracy: You undertake that all details provided are true, accurate and complete. If ANSON places a ANSON Smart Workforce advertisement and it is discovered that incorrect information was provided, you may be liable to pay for the corrections and replacement advertisement and may be liable for additional fees.
- Exclusivity: ANSON Smart Workforce works only on an exclusive basis. All candidates, from any source, including those introduced to the client directly must be directed to ANSON. If a candidate is not passed to ANSON and this results in permanent or temporary employment client must pay ANSON the appropriate fee in accordance with our Terms of Business. (See ‘Fees and Payments’ below).
- Candidate Management: We reserve the right to provide assistance pertaining to the negotiation of terms and conditions of employment including contracted hours, hourly rates, benefits and other related matters.
- Replacement Guarantee: The ANSON Smart Workforce replacement guarantee applies only to the End-to-End ANSON Smart Workforce service. Any issues or concerns related to candidate suitability must be raised with ANSON as soon as they become apparent with supporting evidence including the efforts made to address the performance issues. Where there is a termination ANSON should be informed in writing immediately on termination providing a reasonable cause and all invoices must have been paid. The replacement does not apply where the candidate has performed to the required standard but has resigned and/or the organisation has made significant changes to the terms and conditions after the employment was commenced. The replacement guarantee is valid for one replacement only and any additional advertising costs will be charged at cost.
- Payment terms: Where the Client fails to make payment or otherwise breaches any term of this Agreement, ANSON may without prejudice to any of its other rights and remedies and at its absolute discretion withhold the provision of Services; and charge interest on amounts outstanding from the due date until payment at the rate of 8% per month. Services terms are as follows:
Post, Admin & Select: Non-refundable payment up front on purchase. Additional candidate placement fees as applicable
End2End: Non-refundable 50% payment up front on purchase.
Non-refundable 25% payment on presentation of shortlist.
Balance including applicable additional candidate placement fees on completion.
- Intellectual property: Unless otherwise expressly agreed in writing all Intellectual Property rights arising in connection with this Agreement shall belong to ANSON Smart Workforce Pty Ltd. Nothing in this Agreement shall be taken as transferring any legal or equitable title in the Intellectual Property of a party in existence at the date of commencement of this Agreement.
- Confidential Information: The parties agree that they will keep information confidential and only use the Confidential Information for the purposes of performing this Agreement. The obligation to keep Confidential Information confidential in accordance with this Agreement survives the termination of this Agreement.
- Warranties: Except where expressly provided, all conditions, warranties and liabilities, including implied warranties of quality are excluded to the extent permitted by law. Where they cannot be excluded ANSON’s liability under such warranties and conditions is limited to:
(i) The rectification of any deficiencies in the Services; or
(ii) The application of a discount proportionate to the invoice which relates to the deficiency in the Services.
- The Client accepts all risk and is solely responsible for ensuring the Services are fit for purpose for implementing sufficient procedures and checkpoints to satisfy the accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Terms and conditions
1 DEFINITIONS AND INTERPRETATION
1.1 Unless inconsistent with context:
"ANSON" means ANSON Smart Workforce Pty Ltd
"Agreement" means these terms and conditions.
“Site” means the common place of work or offices of ANSON
“Confidential Information” means information belonging to a party which:
(i) has commercial value;
(ii) is designated as such by the disclosing party; or
(iii) a party knows or ought to know is confidential and includes the Services Documents and any documents produced as part of the Services but does not include information that is:
- publicly available; or
- obtained from a third party without breach of confidentiality.
“GST” means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999.
"Services" means the services provided by ANSON under this Agreement.
“Services Documents” means any Proposal, Scope of Works, Report, Document and/or Working Papers provided by ANSON Smart Workforce Pty Ltd to the Client.
1.2 All words importing the singular shall include the plural and vice versa and any one gender shall include each of the other genders, if applicable.
1.3 Reference to a person includes a body corporate, firm or partnership.
1.4 Reference to a party includes the party's executors, administrators, and successors and permitted assigns.
1.5 Reference to dollars or $ is to Australian Dollars.
1.6 “Including” and similar expressions are not words of limitation.
1.7 Headings are for convenience only and shall not affect the interpretation of this Agreement.
1.8 A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.
2 SERVICES
2.1 The Services to be provided by ANSON shall be limited to those specified in the Services documents. Any additional services requested or required by the Client shall be provided at ANSON’s prevailing time and materials rates.
2.2 The Services will be provided between 9.00 am and 5.00 pm, Monday to Friday for each Australian time zone, unless otherwise specified in the Services Documents.
2.3 When placing an order you undertake that all details you provide to ANSON are true, accurate and complete allowing ANSON to accomplish the project within acceptable timescales.
(i) ‘Information’ includes all information required to complete an agreed service contract or project. E.g. job and role descriptions, tasks, terms of service, location, role, location and organisational information.
(i) ANSON reserves the right to charge additional fees if incorrect information is provided.
(ii) If ANSON places a ANSON Smart Workforce advertisement and it is discovered that incorrect information was provided, you will be liable to pay for the corrections and replacement advertisement.
2.4 ANSON will use its best efforts to meet any deadlines specified in the Services Documents but will be under no liability whatsoever nor shall the Client be relieved of any obligation to pay for Services by reason of any delay.
2.5 Exclusivity (ANSON Smart Workforce): ANSON only works on ANSON Smart Workforce assignments on an exclusive basis.
(i) All candidates considered in the selection process are directed to ANSON for assessment, in accordance with the position’s selection criteria.
(ii) If a Candidate or his/her details are introduced or passed on to the Client (including the transfer of a candidates details to the Client’s database), and that introduction or transfer of the Candidate results in the permanent employment or engagement on a contract basis, the Client must pay ANSON the appropriate fee in accordance with our Terms of Business. (See ‘Fees and Payments’ below).
(iii) Should the Client employ additional Candidates that have been introduced by ANSON as outlined above, the Client must pay ANSON the appropriate fee for each placement in accordance with our Terms of Business (See ‘Fees and Payments’ below).
2.6 NON SOLICITATION: The client shall not directly or indirectly engage or employ, or solicit or procure another party to engage or employ, an employee or contractor supplied by ANSON under this Agreement, during the term of this Agreement and for a period of 6 months after its expiry or termination.
2.7 Terms of Employment: Any negotiations pertaining to terms of employment including Client charge rates, contract hourly rates and fees relating to permanent employment of a candidate must be discussed exclusively with ANSON.
2.8 Replacement Guarantee: the following conditions apply:
(i) The ANSON Smart Workforce replacement guarantee applies only to the End-to-End ANSON Smart Workforce service.
(iii) Issues or concerns with candidate suitability must be raised with ANSON as soon as they become apparent.
(iv) There must be evidence of candidate poor performance and the organisation has made efforts to address the performance issues.
(v) Where there is a termination ANSON should be informed in writing immediately on termination providing a reasonable cause.
(vi) All invoices have been paid.
(vii) The guarantee does not apply where the candidate has performed to the required standard, but has resigned and/or the organisation has made significant changes to the terms and conditions after the employment was commenced.
(viii) Any necessary print advertising costs are not included in this replacement guarantee and, if required, will be invoiced at cost.
(viii) The replacement guarantee is valid for 1 replacement only.
(ix) The replacement of a replacement is considered a new ANSON Smart Workforce assignment and is subject to ANSON’s standard terms and conditions applicable to a new assignment brief.
2.9 Recruitment advertising: ANSON will typically use SEEK as our primary source of ANSON Smart Workforce marketing. If the role requires advertising on other paid platforms this will be charged to the client at cost. There will be no charge for free ANSON Smart Workforce marketing platforms.
3 SITE
3.1 The Services will be provided at the location specified in the Services documents or, if no location is specified, at the location ANSON deems most appropriate (“the Site”).
3.2 The Client is responsible for ensuring the availability, safety and suitability of the Site to enable ANSON to efficiently provide the Services.
3.3 The Client is responsible for providing the necessary requirements, information and other content as required to enable ANSON to provide the Services.
3.4 The Client is responsible for providing the necessary access, support, power, consumables, cabling and telecommunications services to enable ANSON to provide the Services.
3.5 The client will pay disbursement costs for required travel, accommodation and sundry expenses where applicable.
4 WEBSITE
Please see ANSON website terms & conditions
5 FEES AND PAYMENT
5.1 All rates and fees quoted are exclusive of GST (which will be applied at the government specified rate), taxes, duties and charges (including bank fees), which shall be paid by the Client.
5.2 ANSON Smart Workforce Services: All fees fixed fees (not a percentage of salary).
(i) See our ANSON Smart Workforce service packages and list of add-on services.
(ii) Discounts may be applied in certain circumstances at ANSON’s discretion.
(iii) Placement fees for second or multiple placements up to ten placements will apply at discounted rates.
(iv) Projects over ten candidates will attract a reduced rate. Prices agreed on application.
(v) For complex projects such as remote and rural ANSON reserves the right to negotiate an additional complex project fee.
5.3 Payment terms for the services provided are as follows:
(i) Post, Admin & Select: Non-refundable payment up front on purchase.
(ii) End2End: Non-refundable 50% payment up front on purchase.
Non-refundable 25% payment on presentation of shortlist.
Balance on completion.
5.1 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit, debit card or other payment mechanism used to place your order and that there are sufficient funds to cover the cost of the goods.
5.2 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will constitute acceptance of your order and a contract between us will formed.
5.3 ANSON Smart Workforce provides three forms of payment:
(i) Payment of the full amount on purchase; or
(ii) Payment of the full amount within 7 days of the receipt of the invoice; or
(iii) As otherwise agreed in writing.
5.4 This condition must be met to activate the replacement guarantee provision.
5.5 Nothing in this Agreement shall be taken as releasing the Client from its obligation to pay for Services provided by ANSON.
5.6 ANSON reserves the right to apply a late payment charge equivalent to 8% p.a. pro rata week until the full payment is made.
-
- Candidate Management: We reserve the right to provide assistance pertaining to the negotiation of terms and conditions of employment including contracted hours, hourly rates, benefits and other related matters.
6 INTELLECTUAL PROPERTY
6.1 Intellectual property includes:
(i) Copyright and Trademark protection includes, but is not limited to: research data, reports, books, presentations, webinar content and videos; and
(ii) Confidential information includes, but is not limited to: trade secrets and know how, ideas, methods, and systems not in the public domain.
6.2 Copyright in the material and trademarks on our material and website are owned by ANSON unless otherwise indicated and you agree not to infringe any intellectual property rights owned by ANSON. This includes:
(i) Information contained on ANSON material and the ANSON website may not be sold, redistributed or used for any commercial purpose (including, but is not limited to the use of advertiser and candidate contact details for unsolicited commercial correspondence.
(ii) Information available from ANSON insights and other resources.
(iii) You may download material from this Site for personal, non-commercial use only, provided all copyright and other proprietary notices are kept intact.
(iv) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the ANSON website including code and software.
6.3 Nothing in this Agreement shall be taken as transferring any legal or equitable title in the Intellectual Property of a party in existence at the date of commencement of this Agreement.
6.4 Unless otherwise expressly agreed in writing all Intellectual Property rights arising in connection with this Agreement shall belong to ANSON Smart Workforce Pty Ltd.
6.5The Client acknowledges that in supplying the Services, ANSON may supply or use materials licensed by a third party. The Client agrees that rights in such materials remain with the third party and such materials are supplied subject to and may only be used in accordance with the third party’s license agreement.
7 CONFIDENTIAL INFORMATION
7.1 The parties acknowledge that in the course of providing the Services under this Agreement the parties may disclose and receive Confidential Information belonging to the other.
7.2 The parties agree that they will keep such information confidential and only use the Confidential Information for the purposes of performing this Agreement.
7.3 A party may only disclose Confidential Information with the prior written approval of the other party or where reasonable circumstances exist which require disclosure.
7.4 The obligation to keep Confidential Information confidential in accordance with this Agreement survives the termination of this Agreement.
7.5 ANSON retention policies are applied to all material as determined from time to time by the ANSON and ANSON Smart Workforce Boards of Directors, and comply at all times with legislated requirements.
8 WARRANTIES
8.1 Except where expressly provided, all conditions, warranties and liabilities, including implied warranties of quality, fitness for purpose, correspondence with sample or description or merchantability of the Services are hereby excluded to the extent permitted by law.
8.2 Where warranties or conditions which are implied by law (including under the Trade Practices Act 1974) cannot be excluded ANSON’s liability under such warranties and conditions is limited at ANSON’s option to:
(i) The rectification of any deficiencies in the Services; or
(ii) The application of a discount to that proportion of the invoice which relates to the deficiency in the Services.
8.3 The Client accepts all risk and is solely responsible for ensuring the Services are fit for purpose, of particular quality, safety or suitability and agrees that no representation has been made by ANSON or relied upon by the Client in respect of the same.
8.4 The Client warrants that it has taken appropriate measures to preserve its data and agrees that ANSON shall not be liable for data loss in any circumstances.
8.5 ANSON provides no warranty to you that the services generally available through our website will be uninterrupted or error-free or that defects in the service will be corrected.
8.6 ANSON does not guarantee or warrant that files available for downloading through the website or delivered via electronic mail through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
8.7 You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
9 TERMINATION
9.1 Unless earlier terminated, this Agreement shall expire on the date or at the time specified in the Services Documents.
9.2 Without prejudice to any of its other rights, ANSON may immediately terminate this Agreement if:
(i) The Client breaches any term of this Agreement;
(ii) The Client exceeds any credit limit assigned to it by ANSON;
(iii) The Client (being a corporation) becomes an externally administered body or fails to comply with a statutory demand within the meaning of the Corporations Act 2001;
(iv) The Client (being a natural person) becomes bankrupt, commits an act of bankruptcy or enters into an arrangement with creditors;
(v) Causes ANSON to reasonably doubt its ability to make payment in full in accordance with this Agreement.
9.3 Termination of this Agreement does not relieve the Client from its obligation to pay for Services provided by ANSON.
10 DEFAULT
10.1 Where the Client fails to make payment or otherwise breaches any term of this Agreement, ANSON may without prejudice to any of its other rights and remedies and at its absolute discretion.
10.2 Withhold the provision of Services; and charge interest on amounts outstanding from the due date until payment at the rate of 4% per month.
11 LIABILITY
11.1 The total liability of ANSON under this Agreement (whether based on contract, tort, statute or otherwise) is limited in aggregate to the amount actually paid by the Client to ANSON under this Agreement.
11.2 The Client indemnifies ANSON against any damage, loss, costs or expenses (including legal expenses on an indemnity basis) directly or indirectly suffered by ANSON arising from or in connection with a breach by Client of any term of this Agreement.
11.3 Under no circumstances will ANSON be liable for any incidental, indirect, special, exemplary or consequential loss or damage, including loss of use, profit, revenue, goodwill or data, howsoever caused.
11.4 Whilst ANSON takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that information could be unlawfully observed by a third party while in transit over the Internet or while stored on ANSON systems or on ANSON's website. ANSON disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
11.5 ANSON will make every effort to select suitable candidates in accordance with the confirmed position specifications. However, ANSON does not accept any liability for loss, damage or liability incurred by the client as a result of the candidate’s placement with the client’s company.
12 GENERAL
12.1 The relationship between the Client and ANSON is that of principal and contractor. Nothing in this Agreement shall be taken as establishing a relationship of employment, agency, joint venture or partnership.
12.2 Neither party may make any public comment about the existence, content or objectives of this Agreement. ANSON may upon the provision of 14 days notice nominate the Client as a reference site for a third party and, subject to the third party complying with reasonable confidentiality obligations, the Client agrees to act as ANSON’s referee.
12.3 This Agreement shall only be varied by written agreement signed by an authorised representative of both parties.
12.4 ANSON shall not be liable for any failure or delay in performance of its obligations or for any loss or damage suffered by the Client as a consequence of any cause whatsoever, direct or indirect, that is beyond the control of ANSON.
12.5 This Agreement supersedes all prior agreements, representations and undertakings and constitutes the entire agreement between the parties relating to the subject matter.
12.6 The Client may not assign the whole or any part of this Agreement without the prior written consent of ANSON.
12.7 In the event of any inconsistency between this Agreement and the Services Documents, this Agreement takes precedence. Any error or omission in the Services Documents shall be subject to correction without liability to ANSON.
12.8 Delay or failure by a party to exercise any right or partial right under this Agreement shall not be deemed to constitute a waiver of any such right or any other rights. Consent by a party to a breach of a term of this Agreement shall not constitute consent to any subsequent breach.
12.9 If any term of this Agreement is found to be unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect.
12.10 Supply of any Services by ANSON to the Client shall be subject to ANSON’s Conditions of Sale.
12.11 This Agreement shall be governed by the law of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia and waive any right they may have to claim that those courts are inconvenient forums
13 COMPLAINTS
We operate a complaints-handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments using the following contact details
14 WAIVER
No waver or variation can be made to these terms of business without the written consent of both parties. Parties agree that these terms of business are reasonable in all circumstances and that each of the terms and any portion thereof is a severable and independent obligation or restriction. These terms of business constitute the entire agreement of the parties about its subject matter and supersede all previous agreements, understandings and negotiations on that matter. These terms of business many not be assigned by either party without the written consent of the other party, such consent not to be unreasonably withheld or delayed