Terms and Conditions
Last Updated: 28 December 2024
These Terms and Conditions ("Agreement") govern the use of the services provided by NewCrew Recruitment Pty Ltd, a recruitment agency based in Newcastle, New South Wales, Australia. By using the services of NewCrew Recruitment, you ("Client", "Candidate", or "User") agree to comply with the following terms and conditions.
1. About Us
NewCrew Recruitment Pty Ltd is a recruitment agency located in Newcastle, NSW, Australia, dedicated to connecting businesses with talented professionals across various industries. We provide both permanent and temporary staffing solutions, talent acquisition services, and recruitment consultancy.
2. Definitions
For the purposes of this Agreement, the following definitions apply:
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"Client": Refers to any business, organisation, or individual seeking to hire employees or contractors through NewCrew Recruitment.
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"Candidate": Refers to any individual who applies or is considered for employment or temporary work via NewCrew Recruitment.
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"Services": Refers to the recruitment, talent acquisition, and related services provided by NewCrew Recruitment, including but not limited to candidate sourcing, screening, interviewing, and placement.
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"Agency Fee": Refers to any fees charged by NewCrew Recruitment to the Client for successful placement of a Candidate.
3. Services Provided
NewCrew Recruitment offers the following services:
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Permanent Recruitment: We assist Clients in sourcing, screening, and placing permanent employees.
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Temporary Staffing: We provide Clients with temporary or contract staff for short-term roles.
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Recruitment Consultancy: We offer expert advice on recruitment strategies, market trends, and talent acquisition best practices.
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Candidate Sourcing: We assist Candidates in securing suitable employment by matching their skills and preferences with available opportunities.
4. Client Obligations
By engaging NewCrew Recruitment, Clients agree to:
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Provide accurate and up-to-date information about their business, role requirements, and any other relevant details.
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Treat Candidates with respect, fairness, and in compliance with Australian employment law.
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Ensure all employment contracts and arrangements comply with applicable workplace laws, including the Fair Work Act 2009 (Cth), Anti-Discrimination Act 1977 (NSW), and other relevant state and federal legislation.
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Pay all agreed-upon Agency Fees promptly as per the terms of the engagement letter or contract.
5. Candidate Obligations
Candidates agree to:
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Provide truthful, complete, and up-to-date information regarding their qualifications, experience, and employment history.
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Notify NewCrew Recruitment immediately if they accept a position through another recruitment agency or are no longer available for placement.
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Comply with all terms of employment offered by the Client, once a placement has been secured.
6. Agency Fees and Payment Terms
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Permanent Placement: Clients will pay a lump sum Agency Fee as agreed upon in the engagement letter.
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Temporary/Contract Placement: Clients will pay hourly or daily rates for temporary or contract workers as agreed upon in the engagement letter. Invoices will be issued periodically, and payment is due within 14 days of the invoice date unless otherwise agreed.
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Refunds and Replacements: If a Candidate placed by NewCrew Recruitment leaves their position within a specified period (typically 1 month), NewCrew Recruitment will offer a replacement Candidate or refund the Agency Fee (subject to terms outlined in the placement agreement).
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All fees are exclusive of GST, which will be added as applicable under Australian taxation law.
7. Confidentiality
Both parties agree to maintain confidentiality regarding all proprietary or sensitive information, including:
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Client Information: Client business operations, financial details, and other confidential matters.
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Candidate Information: Personal information, resumes, and any other details related to the Candidate’s job search.
Confidentiality obligations shall survive the termination of any contract or agreement.
8. Intellectual Property
All intellectual property, including trademarks, logos, and content provided by NewCrew Recruitment, remains the property of NewCrew Recruitment Pty Ltd. Clients and Candidates are granted a non-exclusive, non-transferable licence to use such intellectual property solely for the purpose of engaging in recruitment services.
9. Limitation of Liability
To the extent permitted by law, NewCrew Recruitment's liability to Clients and Candidates is limited to:
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In the case of a Client, the total amount of Agency Fees paid to NewCrew Recruitment for the relevant placement.
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In the case of a Candidate, the value of any service provided to the Candidate by NewCrew Recruitment.
NewCrew Recruitment will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, loss of business, or damage to reputation.
10. Termination
Either party may terminate the agreement by providing written notice to the other party. In the event of termination:
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The Client will be required to pay any outstanding Agency Fees for services rendered up until the date of termination.
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The Candidate will continue to be subject to the terms of their employment agreement with the Client.
NewCrew Recruitment reserves the right to terminate this agreement immediately if either party breaches these terms and conditions.
11. Data Protection and Privacy
We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Personal information collected from Clients and Candidates will be used solely for the purpose of recruitment and employment placement and will not be shared with third parties without consent, except as required by law.
For further information, please review our Privacy Policy.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from this Agreement will be resolved in the courts of New South Wales.
13. Amendments
NewCrew Recruitment reserves the right to update, modify, or amend these Terms and Conditions at any time. Any changes will be posted on this page, and the date of the last update will be noted at the top of the page.
14. Contact Us
For any inquiries regarding these Terms and Conditions or to discuss our recruitment services, please contact us at:
NewCrew Recruitment Pty Ltd
www.newcrewrecruitment.com
office@newcrewrecruitment.com
By engaging with NewCrew Recruitment, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.