Terms & Conditions
1. Application of These Terms & Conditions
1.1 In this agreement “Pharmaceeka” means Talent United Pty Ltd trading as Pharmaceeka; “Client” means the employer employing staff introduced via the website www.pharmaceeka.com.au and “Candidate(s)” means a person(s) introduced to the Client by Pharmaceeka. “Fee (s)” means the $ amount calculated in accordance with this agreement between Pharmaceeka and the Client. “Placement(s)” means any Candidate who obtains a position with the Client through Pharmaceeka.
2. Fee Structure
All salary packages
2.1 There is a minimum permanent placement Fee of $7,500 plus GST regardless of salary.
2.2 The salary package for the Fees is described for recruitment purposes as base salary (or hourly rate equivalent) plus superannuation.
2.3 GST of 10% will be in addition to professional Fees and advertising.
3. Payment Terms
3.1 Payment terms are seven (7) days from the date of Pharmaceeka’s tax invoice.
4. Guarantee - Permanent Placements
4.1 All Placements made by Pharmaceeka carry its guarantee for three (3) months from the date of commencement, providing that all Fees have been paid within 7 (seven) days of Pharmaceeka’s invoice.
4.2 If the Client is not satisfied with the placed Candidate’s performance and Pharmaceeka is notified within the guarantee period, Pharmaceeka will undertake the assignment for one replacement Candidate for that same position without charging additional professional Fees.
4.3 Pharmaceeka’s replacement guarantee relates to the Candidate’s competence for the position to which that Candidate was appointed. The guarantee does not apply where the reasons for departure are not related to competence for the position and beyond the control of Pharmaceeka e.g. a redundancy because of company restructure, transferring the candidate to a position they were not recruited for, or unlikely events such as death, permanent incapacitation or lottery win.
5. Objectives & Responsibility
5.1 Pharmaceeka’s objective is to provide accurate details on Candidates. However, this is substantially based on the information supplied by the Candidate to Pharmaceeka. No responsibility will be accepted for errors or omissions or incorrect conclusions. The Client will make the final recruitment decision and therefore throughout the recruitment process must satisfy itself as to the Candidate’s qualifications, competence, integrity and suitability for the job.
6.1 Pharmaceeka shall not accept liability, either personal or corporate, for compensation for any loss or damage, howsoever arising, which the Client may suffer or become liable for as a result of Pharmaceeka’s introduction of a Candidate and the Client’s decision to employ that Candidate.
7. Subsequent Offers
7.1 Should the Client make an offer of employment to a Candidate introduced by Pharmaceeka within a 12 (twelve) month period from the date of the Candidate’s first interview, then the Client agrees to be bound by these Terms & Conditions and will be liable for the appropriate Fee as outlined in the Fee Structure clause 2.
8. Candidates Privacy
8.1 Candidates’ details are sensitive information and are supplied to the Client on a strictly confidential basis and may not be disclosed to a third party without Pharmaceeka’s written consent.
9. Interest Charges
9.1 Pharmaceeka may charge interest at two per centum (2%) above the commercial lending rate of the Westpac Banking Corporation calculated on a daily basis on amounts not paid within the time specified in Pharmaceeka’s tax invoice.
10.1 The Client must pay to Pharmaceeka any costs, expenses or losses incurred by Pharmaceeka as a result of the Client’s failure to pay to Pharmaceeka all sums outstanding as owed by the Client to Pharmaceeka including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
11. Privacy Disclaimer
11.1 The Client hereby authorises Pharmaceeka to collect, retain, record, use and disclose consumer and/or commercial information about the Client, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Pharmaceeka, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.
11.2 The Client also authorises Pharmaceeka to make enquiries with respect to the Client’s consumer and commercial credit worthiness; to exchange information with other credit providers in respect to previous consumer and commercial defaults of the Client and to notify other credit providers of a consumer and/or commercial default by the Client.
12. Security & Charge
12.1 The Client hereby charges all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to Pharmaceeka under the terms and conditions or otherwise and hereby authorises Pharmaceeka or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Client at any time or to register this charge over assets of the Client with the Australian Securities and Investments Commission.
13. General Matters
No variation can be made to these Terms and Conditions without the written consent of a Director of Pharmaceeka.
Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
13.3 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and all disputes arising between the Client and Pharmaceeka will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.