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TERMS OF BUSINESS
AGREEMENTS MADE BETWEEN THE EMPLOYER AND BE FOUND PTY LTD

1. DEFINITIONS

"Agreement" means this deed, (including the recitals, schedules, appendices and exhibits to it), as it may later be amended or supplemented by the parties in writing;
“Client” means the Employer wishing using BeFound database to find and indentify a potential employee
“Employer” means the Client wishing using BeFound database to find and indentify a potential employee
"Employee" means an actual or potential employee presented by BeFound.
"GST" means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law.
"GST Law" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Placement" means that the Client has made offer of employment to a BeFound candidate listed and identified on BeFound.com.au which has been accepted by the candidate.
"Tax" means any tax, levy, charge, franchise, impost, duty, fee, rate, deduction, compulsory loan or withholding, which is assessed, levied, imposed or collected by any Government Agency and includes capital gains tax, fringe benefits tax, income tax, value added tax, goods and services tax, sales or use tax, training guarantee levy, profits tax, undistributed profits tax, payroll or employment tax, group tax, PAYG or PAYE withholding tax, land tax, import or customs duty, excise, municipal rates, and any interest, fine, penalty, charge, fee or any other amount imposed on or in respect of any of the above.
2. GENERAL
  1. By registering on BeFound.com.au you agree to all of our terms and conditions and the privacy policy.
  2. By uploading your company logo, you give BeFound.com.au permission to display the logo on the homepage (denoting you as ‘an active employer’ whenever you are logged in and searching or browsing the BeFound.com.au candidate database.
  3. You agree to the fees and payment structure defined below and accept that payment of fees is not negotiable and fees and non-refundable.
3. PERMANENT ENGAGEMENTS

Where the Client seeks to engage a permanent employee using the BeFound database, it is herein agreed that:

  1. The Company provides a platform from which The Client is able to search for and shortlist potential candidates and employees.
  2. The Company makes no warranty regarding the truth and accuracy of information provided by candidates.
  3. The Client must provide a full and detailed job description to the Company before a full candidate profile is released to the Client
  4. The Client will not make any attempt to contact candidates, presented by the Company, directly or without express permission from the Company
  5. All communication must be directed to the Company.
  6. Any offer of employment must be made direct to the Company.
  7. The Client agrees to pay the Company a finder’s fee based on the following:
    1. The finder’s fee is $500.00
    2. The finder’s fee is subject to GST at 10%
    3. The finder’s fee is payable within 28 days of formal acceptance
    4. The Client hereby acknowledges and agrees that interest at the rate of 7% per annum will be due and payable in respect of any invoice which is not paid in accordance with the terms of payment described in this Agreement.
  8. The finders fee will not be refunded under any circumstances
  9. No replacement guarantee is offered.

4. CONTRACT ENGAGEMENTS

Where the Client seeks to engage a contractor or casual contract employee using the BeFound database, it is herein agreed that:

  1. The Company provides a platform from which The Client is able to search for and shortlist potential candidates and employees.
  2. The Company makes no warranty regarding the truth and accuracy of information provided by candidates.
  3. The Client must provide a full and detailed job description to the Company before a full candidate profile is released to the Client
  4. The Client will not make any attempt to contact candidates, presented by the Company, directly or without express permission from the Company
  5. All communication must be directed to the Company.
  6. Any offer of employment must be made direct to the Company.
  7. The client agrees to accept the following contract terms and will enter into such terms with the agency defined by BeFound.

AGREEMENT BETWEEN THE CLIENT AND THE AGENCY FOR CONTRACTOR SERVICES

This Agreement is entered into as of the "Commencement Date" listed in the Schedule

BETWEEN: THE AGENCY SO DESCRIBED IN THE SCHEDULE
    "Agency"
AND: THE CLIENT SO DESCRIBED IN THE SCHEDULE
    "Client"

RECITALS:

A. THE AGENCY provides a service where THE AGENCY provides consultants to its Clients on a contracting basis.
B. The Client wishes to engage THE AGENCY to provide contractors.
C. The Preferred Operator will be the contractors on behalf of THE AGENCY.
D. The parties wish to enter this Agreement to record the arrangements between them.

OPERATIVE:

1. THE AGENCY'S SERVICES

  1. THE AGENCY will provide the Services for the Term so described in the Schedule.
  2. The Preferred Operator will provide the Services for the Term so described in the Schedule on behalf of THE AGENCY.
  3. Except where this Agreement states to the contrary, THE AGENCY will not seek to direct or control the manner in which the Preferred Operator performs the Services for the Client.Operator performs the Services for the Client.

2. OUR RELATIONSHIP

  1. The Client and THE AGENCY acknowledge and agree that the Client shall be liable for all debts and obligations incurred or imposed upon the Client in carrying out its obligations under this Agreement, and that THE AGENCY shall not be responsible for those debts or obligations.
  2. Nothing in this Agreement shall be construed as establishing or implying any partnership, joint venture or agency between the parties.

3. OBLIGATIONS

3.1 Negotiations between the Preferred Operator and the Client

In order to maintain the integrity of THE AGENCY’s service, and subject to clause 4.2 the Client agrees that the Client will not:

  1. Discuss or disclose the contract charge rate with the Preferred Operator
  2. at any time during the continuance of this Agreement, negotiate any service agreement, agency, employment or contractual provision of services with the Preferred Operator except if the Client engages THE AGENCY to negotiate such service agreement, agency, employment or contractual provision on its behalf; and
  3. during the period of 6 months after termination of this Agreement, for any reason whatsoever, negotiate any service agreement, agency, employment or contractual provision of services with the Preferred Operator, except if the Client engages THE AGENCY to negotiate such service agreement, agency, employment or contractual provision on its behalf.

3.2 Professional Behaviour

The Client hereby agrees and undertakes to be responsible for ensuring that the Preferred Operator possesses the necessary qualifications, registrations, experience, references and any other conditions of being engaged by the Client or as may be required by any law.

4. FEES

4.1 Rate

  1. The Client must pay THE AGENCY at the Rate so described in the Schedule.
  2. The Rate may be charged daily (where the amount owed will be calculated by the daily rate multiplied by the days the Services was provided) or otherwise.

4.2 Finder's Fee

  1. If under clause 3.1 THE AGENCY negotiates an agreement between the Client and Preferred Operator, the Client must pay THE AGENCY the Finder's Fee.
  2. The Finder's Fee is calculated as follows:
    1. Where the agreement between the Client and Preferred Operator is reached within the first 12 months of the operation of this Agreement, the Finder's Fee will be equal to 10% of the Package;
    2. Where the agreement between the Client and Preferred Operator is reached within the first 24 months of the operation of this Agreement, the Finder's Fee will be equal to 5% of the Package;
    3. Where the agreement between the Client and Preferred Operator is reached after the first 24 months of the operation of this Agreement, there will be no Finder's Fee.
  3. Any payment to THE AGENCY of the Finder's Fee must be deposited into THE AGENCY’s bank account within 14 days after the Client and the Preferred Operator execute any agreement.

4.3 Invoicing

  1. THE AGENCY will provide to the Client a weekly invoice for serviced performed by the Preferred Operator.
  2. Any payment to THE AGENCY for the Rate must be deposited into THE AGENCY's nominated bank account or paid to THE AGENCY by another method approved by THE AGENCY within the Invoicing Period so described in the Schedule
  3. The Client hereby acknowledges and agrees that interest at the rate of 7%p.a. will be due and payable in respect of any invoice which is not paid in accordance with the terms of payment described in this Agreement.
  4. The Client hereby acknowledges and agrees that it will be liable for any costs THE AGENCY incurs in pursuing the Client for outstanding invoices, including legal costs on an indemnity basis.

4.4 GST

  1. Any consideration or amount payable under this Agreement, including any non-monetary consideration (as reduced in accordance with paragraph (e) if required) ("Consideration") is exclusive of GST.
  2. If GST is or becomes payable on a Supply made under or in connection with this Agreement, an additional amount ("Additional Amount") is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party making the Supply ("Supplier") in accordance with the GST Law.
  3. The Additional Amount payable under paragraph (b) is payable at the same time and in the same manner as the Consideration for the Supply, and the Supplier must provide the Recipient with a Tax Invoice immediately after the time of payment of the Additional Amount.
  4. If for any reason (including, without limitation, the occurrence of an Adjustment Event) the amount of GST payable on a Supply (taking into account any Decreasing or Increasing Adjustments in relation to the Supply) varies from the Additional Amount payable by the Recipient under paragraph (b):
    1. the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate;
    2. the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and
    3. the Supplier must notify the Recipient of the refund, credit or further amount within 14 days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification or the Recipient must pay any further amount within 7 days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 14 days after becoming aware of the occurrence of the Adjustment Event.
  5. Despite any other provision in this Agreement:
    1. if an amount payable under or in connection with this Agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a party, whether by way of cost, expense, outlay, disbursement or otherwise ("Amount Incurred"), the amount payable must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Amount Incurred; and
    2. no Additional Amount is payable under paragraph (b) in respect of a Supply to which section 84-5 of the GST Law applies.Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party but to which the Representative Member of a GST Group of which the party is a member is entitled.

Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party but to which the Representative Member of a GST Group of which the party is a member is entitled.

5. CONFIDENTIALITY

5.1 Confidential Information
"Confidential Information" means all technical and other information and know-how, including all information and know-how in an eye or machine readable form or other format, disclosed or given to a party from any source in respect of or incidental to:

  1. the Intellectual Property Rights; and
  2. any other information disclosed or given to a party which is declared by the disclosing party to be Confidential Information,

5.2 Access

THE AGENCY acknowledges that in the course of performance of this Agreement, it may obtain access to or become aware of Confidential Information which is or may be of commercial value to the Client.

5.3 Disclosure

THE AGENCY covenants and undertakes that it will not, during the continuance of this Agreement (except in the proper course of performing its responsibilities under this Agreement or as required by law or by the Client) use or disclose to any person any Confidential Information of or relating to the Client's business where the Confidential Information has been acquired or which has or may come into THE AGENCY's knowledge during this Agreement.

5.4 After Termination

THE AGENCY covenants and undertakes for the benefit of the Client, that it will not at anytime after termination or expiration of this Agreement, except in the proper course of performing their responsibilities under this Agreement or as required by law or by the Client, disclose or use any information which is:

  1. Confidential Information;
  2. information of a confidential nature;
  3. information peculiar to the Client; and
  4. information that has been tabulated, collated, organised, written, recorded or otherwise preserved in a tangible form by the Client or THE AGENCY or the Preferred Operator having been developed by the Client or THE AGENCY or the Preferred Operator for the purpose this Agreement.

5.5 Return of Material

Immediately after the expiration or termination of this Agreement, wherever possible, THE AGENCY must return to the Client all information and documents to the Client produced by or which relate to the Client.

6. INTELLECTUAL PROPRETY

6.1 Improvements Vest in Licensor

In the event that during the Term THE AGENCY develops any Improvements, THE AGENCY shall notify the Client of the nature of the same and the mode of carrying out the Improvements with practical effect provided always that THE AGENCY hereby irrevocably:

  1. grants to the Client the right to apply for any incident of intellectual property rights available in respect of that Improvement and in connection with such application, THE AGENCY shall:
    1. make supply and assist in the preparation of all models plans drawings or specifications necessary or convenient for the proper understanding or development of the Improvements;
    2. grant and do all things necessary to give effect to an assignment of the Intellectual Property Rights in respect of the Improvements to the Client; and
  2. assigns, transfers and sets over absolutely to the Client all right, title and interest to the Improvements including all Claims as they relate to the Improvements.

6.2 All Improvements are Confidential

In the event that such Improvements are not capable of being protected, THE AGENCY shall treat the Improvements as confidential and shall refrain (without the written consent of the Client) from disclosing to any other person the nature of the Improvement or any documents or other information acquired by THE AGENCY in the course of developing the Improvement or from using such document or information for any purpose.

7. INSURANCE

THE AGENCY hereby agrees and undertakes obtain and maintain throughout the Term adequate insurance for both THE AGENCY and the Preferred Operator (including public liability and professional indemnity) with a reputable insurer for all aspects of the provision of the Services.

8. TERMINATION

  1. This Agreement may be terminated at any time by any party by written notice subject to the Notice Period so described in the Schedule.
  2. This Agreement may be terminated by any party without notice if:
    1. Any other party shall enter into bankruptcy or liquidation, except for voluntary liquidation for the purpose of reconstruction; or
    2. Any other party commits a breach of any of the terms of this Agreement

9. INDEMNITY

  1. The Client is responsible for any Claim that may arise in relation to the Services.
  2. The Client hereby indemnifies and holds harmless THE AGENCY, its officers, employees, agents and contractors against Claims by any person against THE AGENCY as a result of or in any way in connection with (whether directly or indirectly) any act, conduct, omission or negligence on the part of either the Client or the Preferred Operator whatsoever.
  3. The Client agrees that the indemnity provided under this clause survives termination (whether by the Client or THE AGENCY) of this Agreement.
  4. As far as permissible by law, in no event will THE AGENCY be liable to the Client for any indirect or consequential loss or damage or expense including loss of revenue, loss of profit, loss of use, loss of financial opportunity or economic loss whether arising out of a breach of this Agreement or otherwise, at law, under any statute or in equity.

10. WAIVER

  1. The non-exercise of or delay in exercising a right of a party shall not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by notice, signed by the parties to be bound by the waiver.
  2. Any waiver of a single breach of any provision of this Agreement shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

11. AMENDMENTS

This Agreement, including, without limitation, the Term so described in the Schedule, may be amended in writing signed by all parties.

12. PROPER LAW, JURISDICTION

12.1 Choice of Law

This Agreement is governed by and construed in accordance with the laws of Queensland, Australia.

12.2 Submission to jurisdiction

Each party irrevocably submits to the non-exclusive jurisdiction of such court for the purpose of any such action, suit or proceeding under this Agreement.

13. DEFINITIONS

"Agreement" means this deed, (including the recitals, schedules, appendices and exhibits to it), as it may later be amended or supplemented by the parties in writing;
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, Right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"GST" means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law.
"GST Law" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Improvements" means any improvement, modification, enhancement, derivative, application or use of any intellectual property rights of the Client conceived, created or arising during or subsequent to the Preferred Operator's access to the intellectual property of the Client.
"Package" means base salary plus superannuation entitlements, fringe benefits and any other benefits provided by the Client to the Preferred Operator.
"Tax" means any tax, levy, charge, franchise, impost, duty, fee, rate, deduction, compulsory loan or withholding, which is assessed, levied, imposed or collected by any Government Agency and includes capital gains tax, fringe benefits tax, income tax, value added tax, goods and services tax, sales or use tax, training guarantee levy, profits tax, undistributed profits tax, payroll or employment tax, group tax, PAYG or PAYE withholding tax, land tax, import or customs duty, excise, municipal rates, and any interest, fine, penalty, charge, fee or any other amount imposed on or in respect of any of the above.