Additional Fee Provisions. 1.1 When acting on a retained basis, we will charge fees and invoice in agreed stages
1.2 When acting on a contingent basis, we will only charge a fee if our presentation of the Candidate is materially instrumental to the Candidate’s Placement with you.
1.3 Parties agree that “material instrumentality” can be presumed in certain cases. The presumption of material instrumentality is rebuttable.
a. provided the Candidate’s resume, or other information about the Candidate, on an identified basis;
b. arranged for the Candidate to attend an interview, or other pre-placement assessment, at your request;
c. provided the results of any reference or other suitability check carried out or arranged by us at your request; or
d. advised or participated in negotiations at your request about the terms on which the Placement is offered to, or accepted by, the Candidate - unless it is more probable than not that our presentation of the Candidate played no material part in making the Placement.
1.4 Certain common means by which our Candidate may already be known to you do not, of themselves, rebut the presumption of material instrumentality
a. was, or was previously, connected via social media accounts with you;
Additional Fee Provisions. 1.1. When acting on a retained basis, we will charge fees and invoice in agreed stages.
1.2. When acting on a contingent basis, we will only charge a fee if our presentation of the Candidate is materially instrumental to the Candidate’s Placement with you.
1.3. Parties agree that “material instrumentality” can be presumed in certain cases. The presumption of material instrumentality is rebuttable.
a) provided the Candidate’s resume, or other information about the Candidate, on an identified basis;
b) arranged for the Candidate to attend an interview, or other pre-placement assessment, at your request;
c) provided the results of any reference or other suitability check carried out or arranged by us at your request; or
d) advised or participated in negotiations at your request about the terms on which the Placement is offered to, or accepted by, the Candidate - unless it is more probable than not that our presentation of the Candidate played no material part in making the Placement.
1.4. Certain common means by which our Candidate may already be known to you do not, of themselves, rebut the presumption of material instrumentality.
a) was, or was previously, connected via social media accounts with you;
b) had previously provided, or you had obtained, a resume from the Candidate by other means;
c) was working, or had previously worked, with you; or
d) was already known to you by any other means, including by having been introduced by another Workforce Services Provider.
1.5. The presumption of material instrumentality is automatically rebutted in some cases.
a) after the expiration of any presentation period set out in the Fees Schedule; or
1.6. If our fees are calculated as a percentage of Annual Gross Remuneration (AGR) and AGR has not been agreed with the successful Candidate at the time when we may invoice you for payment, AGR will be calculated based on the highest amount advised to us by you at any time up to the time of invoicing.
1.7. If AGR includes commissions or earned bonuses, we can estimate AGR inclusive of the commission or bonus and invoice you accordingly. You can dispute our estimate.
a) we will provide to you our estimate of the AGR inclusive of the commission and earned bonus and attempt to agree it with you;
b) for the purpose of calculating our fees:
i. AGR will be calculated having regard to the estimated commission/bonus earnings indicated by any position description, authorised position advertisement, key performance indicators, or re...
Additional Fee Provisions
