Terms of use
A recruitment agency may only submit a person’s CV to Dabserv or Mallesons through Dabserv’s online recruitment application system (TalentNet) if it accepts the terms of use set out below and as part of the candidate submission process. Submission by an agency of a person’s CV to TalentNet will indicate the agency’s acceptance of these terms.
1 Terms and Conditions (“T&Cs”)
These T&Cs set out the terms and conditions that apply to submission by a recruitment agency (“Agency”) of a candidate to Dabserv or Mallesons (both referred to in these T&Cs as “Mallesons”) through Mallesons’ online recruitment application system, TalentNet.
Agency’s submission of a candidate to Mallesons indicates Agency’s acceptance of these T&Cs. Mallesons expressly excludes any other terms or conditions, whether proposed by Agency or otherwise.
By submitting a candidate, Agency warrants that:
(a) at the time of submitting the candidate, the Agency has express permission to represent the candidate in relation to finding potential employment;
(b) unless otherwise instructed by Mallesons, it has interviewed the candidate and, if Mallesons proposes to make an offer of employment, Agency will verify at least two references from a previous employer by whom the candidate was supervised;
(c) it has taken reasonable care to ensure that all information it provides to Mallesons is accurate and will notify Mallesons if there is any change to that information or to its authority to represent a person;
(d) it has properly briefed the candidate on Mallesons and, if relevant, the particular position, and
(e) it complies with all relevant legal requirements relating to its submission of the candidate (including the Privacy Act 1988 (Cwlth) and any other legislation, principles, industry codes and policies by which it is bound relating to the collection, use, disclosure, storage or granting of access rights to personal information).
Agency acknowledges that Mallesons may already be aware of a candidate that Agency submits to Mallesons (whether that person was introduced via another agency or otherwise) and that Agency is not entitled to a fee in respect of Mallesons’ subsequent employment of that candidate. Mallesons will advise Agency if it is already aware of a candidate before scheduling an interview with the candidate.
Agency is only entitled to a fee for recruitment services if:
(a) it submits a candidate for a specific legal role and the candidate is subsequently employed in that role, or in a comparable role, within 12 months of the date of submission of the candidate for that role;
(b) it submits a candidate for a specific shared services or support role and the candidate is subsequently employed in that role, or in a comparable role, within 12 months of the date of submission of the candidate for the original role; or
(c) it submits a candidate on a speculative basis and Mallesons interviews the candidate at the time of submission, and the candidate is subsequently employed by Mallesons within 12 months of the date of first submission of the candidate.
Subject to clause 3, Mallesons agrees to pay Agency a fee for services in respect of a candidate who was first introduced to Mallesons by Agency and who is subsequently employed by Mallesons in Australia. The fees payable are fixed for the Term and are provided to Agency on request from the relevant resourcing contact in the appropriate Mallesons centre.
Mallesons is under no obligation to pay or reimburse Agency for any ancillary service or cost (including advertising) unless Mallesons has agreed to do so in writing prior to the service being provided or cost being incurred.
Agency agrees to provide Mallesons with a valid tax invoice for fees payable to Agency, together with any supporting information or documentation Mallesons reasonably requires. Mallesons agrees to pay the amount of the fee to Agency:
(a) for permanent positions and fixed term contracts, within 14 days after the candidate's commencement date; and
(b) for temporary positions, within seven days after the candidate's commencement date,
or on receipt of the tax invoice (and, if applicable, the supporting information or documentation), whichever is later.
4.4 Guarantee and refund system
Subject to Mallesons having paid the relevant fee, Agency agrees to refund the total fee paid to it in respect of a candidate who does not remain employed by Mallesons for at least 12 weeks from the candidate’s date of commencement, except where the role has been made redundant by Mallesons.
For 12 months from the date of Mallesons’ notification to Agency of a candidate ceasing to be employed, the refund payable under clause 4.3 will be made by way of a credit note applied against any future fees payable by Mallesons to Agency. However, if the credit note has not been applied for the full amount of the refund within that 12 month period, the full or remaining amount of the refund will be paid by cheque by Agency to Mallesons within 30 days, unless otherwise agreed by Mallesons and Agency.
4.6 Good and Services Tax (“GST”)
Unless GST is expressly included, the consideration for a supply specified in these T&Cs does not include any amount for GST. If a supply under these T&Cs is subject to GST, the recipient must pay to the supplier an additional amount equal to the amount of the consideration multiplied by the applicable GST rate.
If a party is entitled to be reimbursed or indemnified under these T&Cs, the amount to be reimbursed or indemnified does not include any amount for GST for which the party is entitled to an Input Tax Credit (as that term is understood in A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)).
Agency acknowledges that, in the course of providing services to Mallesons, it may become aware of confidential information of Mallesons or its associated entities or their clients (“Confidential Information”). Agency agrees that it must:
(a) maintain the confidential nature of the Confidential Information;
(b) not use, disclose, reproduce or retain any of the Confidential Information except as required for the performance of the services to Mallesons or as required by law;
(c) immediately notify Mallesons of any potential, suspected or actual unauthorised use, copying, disclosure or retention of the Confidential Information;
(d) comply with all reasonable requirements of Mallesons in relation to the protection of the Confidential Information;
(e) ensure that each of its employees and representatives is made fully aware of the obligations contained in this clause; and
(f) take all reasonable steps to ensure that its employees and representatives comply with those obligations.
5.2 Confidentiality of candidate information
Mallesons agrees to treat all candidate information submitted to it confidentially. Candidate information may be stored by Mallesons electronically or in hard copy in a secure environment and may be disclosed between Mallesons and its associated entities. Further information can be found in Mallesons’ Privacy Statement for Prospective Employees.
Agency agrees that it will not do anything with personal information that may cause Mallesons to breach its obligations under a privacy law or any other legislation, principles, industry codes or policies relating to the collection, use, disclosure, storage or granting of access rights to personal information.
5.4 No announcements or advertising
Except where necessary for the performance of services to Mallesons or if required by law, or if Mallesons has provided its prior written consent, Agency agrees not to announce or advertise in any way its arrangements with Mallesons, or use Mallesons as a reference point in any written solicitation to be engaged to provide services to any person or refer to the fact that Mallesons is a customer of Agency.
TalentNet is the online recruitment application system developed, owned and used by Mallesons. Agencies are given access to TalentNet for the purpose of submitting candidates’ details to Mallesons. The Agency:
(a) must not use or access TalentNet for any other purpose;
(b) acknowledges that TalentNet constitutes valuable and proprietary information, know-how, methodology and technology of Mallesons and that access to TalentNet does not grant Agency or any other person any licence or other right in relation to that information, know-how, methodology or technology;
(c) must exercise reasonable care to ensure that the security of Agency’s access to TalentNet is not compromised and immediately notify Mallesons if it becomes aware that the security of its access to TalentNet has been compromised, or there is a substantial risk of compromise, and
(d) unconditionally and irrevocably indemnifies and releases (and will take no action against) Mallesons, Dabserv and their officers, employees and agents from and in relation to any claim or liability arising directly or indirectly from or in relation to use of TalentNet.
Agency undertakes to indemnify Mallesons against all liability or loss arising directly from, and any costs, charges and expenses incurred in connection with, any negligent, wilful or fraudulent act or omission by Agency or breach of Agency’s obligations under these T&Cs, to the extent the liability or loss is contributed to or caused by Agency.
These T&Cs are governed by the laws from time to time in force in New South Wales, Australia. Agency agrees to submit to the non-exclusive jurisdiction of the courts of that place.
Without waiving, limiting or excluding any other right or remedy it may have, Mallesons reserves the right to terminate these T&Cs, or vary a provision of these T&Cs, at any time by giving 30 days’ written notice on this website. Any termination of these T&Cs does not affect the rights and obligations of Agency or Mallesons which have accrued as at the date of the relevant termination or variation.
In these terms of use, a reference to:
- “Dabserv” means Dabserv Pty Limited (as trustee of the Lawserv Unit Trust) which provides various services to Mallesons Stephen Jaques (“Mallesons”) including the management of recruitment for Mallesons.
- “Agency” means an employment recruitment agency which wishes to submit candidates for potential recruitment by Dabserv or Mallesons via TalentNet.
- “Mallesons” means Mallesons Stephen Jaques.