Terms and Conditions

The Creative Store (“The Creative Store”) recruitment terms are based on loyalty and honesty. We will promise to work hard for you, communicate clearly with you and work with you to find the perfect candidate(s) for your company. We do however have to go through the small print. By receiving these terms and conditions, and proceeding to brief and work with The Creative Store is agreeing to the terms and conditions outlined below.

1. YOU AGREE

These Terms and Conditions apply to any assignment undertaken by any Consultant representing The Creative Store.

2. FEES

Permanent Service Our fee for service for all standard recruiting assignments is 15%, plus GST; regardless of the level of remuneration or the seniority of the position. Any “Non-Standard” assignments undertaken by The Creative Store will be performed at a fee for service to be mutually agreed upon by both The Creative Store and the Client. Exclusivity of role. If you are only using The Creative Store for your candidate employment search, our exclusivity fees are 13%, plus GST. Contract & Freelance Service Our fees for service for all contract, freelance, temporary staff are based on an hourly rate (exclusive of GST). This rate is agreed with you prior to candidate commencement of the assignment, and is invoiced to you on a strictly 7 day invoice. For longer term assignments and contracts, a weekly rate can be negotiated. Contractor fees for 3 months plus are set at 15% of the salary pro rate for the nominated period. If you would like to extend a contractor or freelancer, new rates will be agreed. Should you wish to permanently recruit a contractor or freelancer, our permanent fees will be invoiced. Candidates who are introduced to you, by us, and are subsequently appointed by you, within 6 months of the date of introduction, are subject to our standard consulting fees as outlined above. Candidates who have freelanced with you via The Creative Store, can not be approached directly by yourself to freelance within a 6 month period of last assignment with you. Should you not be satisfied with a freelancer supplied, you have 7 days from date of invoice issued to make a complaint.

3. PAYMENT TERMS

Permanent Our standard payment terms for all permanent & contract recruitment assignments, profiling & testing and miscellaneous expenses are strictly 14 days from receipt of invoice. Invoices will be raised on confirmation of job acceptance. Confirmation of assignment is deemed to have happened after an offer of employment has been made to a “Client chosen” Candidate and The Creative Store has confirmed back to that the Candidate has accepted the position. Freelance Invoices will be raised at the end of the assignment each week, with receipt of a client authorised timesheet. These timesheets will be emailed from you to The Creative Store authorising payment. These are salary payments, invoice payment terms are strictly within 7 days. Contract When the contract length and salary has been agreed, we will invoice you our fees for this period. You will pay the contractor directly. Collection Expenses You will pay all invoices (plus GST) and if negotiated, any additional advertising costs within 14 days of invoice. The Creative Store has the right to charge interest calculated on a daily basis at 5% above its own bank’s base lending rate if payment is not made by due date. A dispute raised by you does not entitle you to set-off against, or withhold payment of, any money owed to The Creative Store. You will pay to The Creative Store any commissions, Solicitors’ fees, Court costs or other collection expenses paid by The Creative Store to its Mercantile Agent in relation to the collection of monies that are not paid within the terms.

4. GUARANTEE

The following guarantees apply only where all money owing under these Terms and Conditions has been paid by you. Except as provided in this clause 4, you are not entitled to recover any money from The Creative Store. In the event that a Candidate placed by us, and employed by you, leaves or is released, for any reason other than retrenchment or company restructure, within the first 3 months from their official start date, we guarantee to replace “that” Candidate with an equally qualified, potentially more suitable, Candidate (for the same position) at no additional charge to you. This Replacement Guarantee applies to “One” replacement Candidate per completed assignment and is subject to all invoices being paid within our standard payment terms; as detailed under "Payment Terms" above. This guarantee is to be used within 3 months from departure date.

5. RECRUITMENT PROCEDURES - Including testing & reference checking

The Creative Store will undertake 2 reference checks on all Candidates, at a time when The Creative Store considers it appropriate and it is practicable to do so, with candidate consent. The Creative Store will endeavour at all times to select, qualify and recommend the most appropriate Candidates for your needs, and provide accurate details on their experience and qualifications. However, we accept no personal liability whatsoever arising from the employment of any Candidate. We will be responsible for organising and managing any additional profiling and testing that you authorise us to proceed with. Where appropriate, you will be invoiced for these services at the same time that you are invoiced for the fee for service and you agree to their payment under the same terms as detailed under “Payment Terms” above. You are responsible for any police checks and medical assessments of any Candidates.

6. LIABILITY

The Creative Store accepts no personal liability whatsoever arising from the employment - freelance, contract or permanent of any Candidate. This includes loss, damage or expense suffered by you resulting from the acts or omissions of a Candidate or from any delay or failure by The Creative Store to refer a Candidate to you. You indemnify The Creative Store against any loss, damage or expenses suffered by The Creative Store arising from the referral of, or any acts or omissions of, any candidate or in performance of these Terms and Conditions. The provisions of this clause continue to bind the parties after these Terms and Conditions have ceased to apply.

7. PRIVACY AND CONFIDENTIALITY

We acknowledge and agree that all reasonably sensitive or confidential information, commercial or personal, relating to this assignment, and/or our relationship with your organisation will be kept confidential by us. You acknowledge and agree that all reasonably sensitive or confidential information, commercial or personal, relating to this assignment, and/or your relationship with our organisation will be kept confidential by you.

8. GOVERNING LAW

These Terms and Conditions are governed by Australian law. These Terms and Conditions are binding on, and for the benefit of, the successors of you and the successors and assigns of The Creative Store. By receiving these terms and conditions, and proceeding to brief The Creative Store on your requirements, is agreeing to the terms and conditions. Should you wish to have a signed copy for your files, please ask your consultant at The Creative Store, we will organise this for you.