General
- These Terms of Service apply to any Business proposed or undertaken by BiQss Pty Ltd T\AS MOJO RECRUIT for the Client; and the employment, engagement, or other use by the Client of a Candidate introduced by MOJO RECRUIT.
- Quotes will be binding upon written acceptance of the quote by the Client.
- Where the Client accepts a quote then subsequently cancels the job, or does not pay within 7 days of accepting the terms, a cancellation fee may be payable.
- Payment in accordance with the quote prior to any ads going live is required.
- In the absence of written confirmation, the use by the Client of any curriculum vitae provided by MOJO RECRUIT (or the details it contains) or the employment or engagement of any Candidate Introduced by MOJO RECRUIT will constitute acceptance by the Client of these Terms and Conditions.
Recruitment/Placement
- MOJO RECRUIT shall use reasonable skill and care in the sourcing and Introduction of Candidates to the Client.
- The Client shall provide all information reasonably necessary to enable MOJO RECRUIT to assess the suitability of a Candidate for a position.
- MOJO RECRUIT will make every reasonable effort to ensure that a Candidate suits the requirements notified by the Client.
- As far as a Candidate or third parties provide details relating to the Candidate, MOJO RECRUIT shall use reasonable endeavours to ensure these details are correct but provide no guarantee to such effect.
- MOJO RECRUIT will not be liable to the Client for any loss or damage because of such incorrect information and the Client acknowledges that it is responsible for undertaking its own investigations to verify any information is correct.
- MOJO RECRUIT gives no representation or guarantees that any Candidate is or will be willing and/or available to accept any Placement.
- MOJO RECRUIT will not be liable for losses, liabilities, costs and expenses incurred by the Client arising from the Candidate’s acts or omissions including their acts or omissions in the performance of their employment with the Client.
- MOJO RECRUIT takes no responsibility for any information that the Client shares with candidates.
- MOJO RECRUIT only forwards prospective candidates and has NO responsibility for the final placement. The Client acknowledges that the final decision to employ or engage the Candidate is theirs.
- Mojo Recruit observes all laws and regulations relating to equal opportunity employment and will not accept instructions from clients that indicate an intention to discriminate unlawfully.
Guarantee
- Any Guarantee which applies depends on the product purchased by the Client and is dependent on the circumstance which gives rise to the need to replace the candidate:
- Guarantee 1 (Success Guarantee) - we maintain advertising until the position is filled (irrespective of who is responsible for the placement)
- Guarantee 2 (Guarantee Placement 30) - If the accepted candidate is unsuitable within 30 days of placement, we will reinstate the job at no extra cost
- Guarantee 3 (Guarantee Placement 90) - If the accepted candidate is unsuitable within 90 days of placement, we will reinstate the job at no extra cost
If there is any change in circumstance\position requirements or job details we reserve the right to close the job then mark it as complete and\or VOID the guarantee\s.
If the client does not follow the agreed-upon process and\or offer to be made to a candidate, we reserve the right to close the job then mark it as complete and\or VOID the guarantee\s.
Process
- Group Facilitation and or individual interviews can be either online or in-person at the discretion of Mojo Recruit.
- After the Client receives the candidate information from Mojo Recruit, the Client must review and provide feedback within 48 hours.
- Following Mojo Recruit confirming that the candidate has accepted the verbal offer, the Client must at a minimum issue a Letter of Offer to the successful candidate. This must be within 48 hours of receiving the confirmation. Mojo Recruit reserves the right to VOID all guarantees where this is not done.
- Mojo Recruit reserves the right to VOID all guarantees where the Client does not respond to requests and correspondence within 48 hours.
Advertising
- So that we can deliver our service to the Client, Mojo Recruit can place Client Listings on any website or on any other media controlled by Mojo Recruit or by any third party with whom Mojo Recruit have, or enter into, an agreement for the provision of services to fill the Listing.
- The Listing can be viewed by anyone with internet access throughout the world.
- Mojo Recruit cannot guarantee a level of success to a Listing, and response rates vary from day to day, and certain sectors or positions may attract higher levels of responses. No guarantees on the placement of quality of candidates.
- Ads will run for the time specified within the quote.
- Once a job Ad is posted, and the Client is notified, they will have 24 hours to review for changes.
- Unless otherwise agreed, vacancies will appear unbranded, and no active Client email addresses or web links will be shown.
- Ads will comply with the law. All Ads must be legal, decent, honest and truthful and not infringe the rights of any third party. Any Listing that indicates, or can reasonably be understood as indicating, an intention to discriminate on the grounds of sex, race, disability or age will not be accepted, unless it is exempted under an appropriate applicable law(s).
Fees and Payments
- The fees payable by the Client for a Placement are in accordance with the pricing of the product level purchased or, as otherwise agreed by Mojo Recruit with the Client in writing.
- If the Client withdraws the Placement before the Candidate commences the full fee is payable.
- All fees are exclusive of any Goods & Services Tax (GST) or other applicable sales tax. GST will be charged at the applicable rate in Australian Dollars. If payment is not made on time we may suspend any work on any current or new vacancies until payment has been made and the Client may be ineligible for any money back or service promise.
- Should a third-party debt collection service be required to recover overdue payments you will be liable for all associated costs of recovery services provided by the collection agency.
- Additional costs will only be incurred with the Client’s approval and charged at rates agreed.
- Payment terms may be extended to regular Clients. Where payment terms are provided the Client shall pay all invoices within 7 days of the date of invoice.
- If the scope of the role changes and the Client requests to change the scope of the role then there will be an additional cost for re-advertising the new role of 25% of the original package bought.
Cancellation Fees
- If the job is cancelled once we have started building the role in our software but no ads have been placed then there may be up to a 20% cancellation fee.
- If the job is cancelled after the job has been advertised but no communication with any candidates has begun then there may be up to a 35% cancellation fee.
- If the job is cancelled after ads have been placed and communications with candidates have begun then there may be up to a 50% cancellation fee.
- If the job is cancelled after we have started organising interviews that the Client has confirmed they intended to perform then there may be up to a 100% cancellation fee.
Service Conduct Complaints and Termination
- Mojo Recruit will conduct all engagements professionally and with respect and require Clients to operate similarly.
- Where Clients are dissatisfied with any aspect of the service, they are encouraged to raise this with the assigned service consultant in the first instance and thereafter it can be escalated to Mojo Recruit management if necessary.
- The Parties will hold information of the other that can be reasonably regarded as being confidential or is notified as being so by the disclosing Party (including any quotes or other agreements and details of any Candidates), in confidence. Neither party will disclose such information without the consent of the other unless it is required by law or it has already been made available to the public (other than through a breach of this clause).
- Mojo Recruit may terminate services if the Client breaches their obligations outlined in these terms of service, including the following:
- the Client fails to pay Mojo Recruit on the due date any sums that may be due
- the Client makes a material misrepresentation
- discourteous behaviour is displayed
- whereafter providing written notice to the Client of breach of these Terms, such breaches are not rectified by the Client within 48 h