Effective 1 January 2023

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1. General

The entire Agreement between Hello Carers (ABN 45 817 544 173) and any Candidate or Client are set out in these Terms of Service.

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2. Acceptance of the Terms of Service

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2.1 Client (Employer or Person/Organisation seeking recruitment or workforce solutions from Hello Carers): The acceptance of candidate details, or submitting a request for Hello Carers to provide recruitment support, workforce solutions, or a quote for any services will constitute the Client’s acceptance of these Terms. 

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2.2 Candidate (Person seeking to be introduced to work opportunities by Hello Carers): Submitting a Care Work Registration Form, or requesting a Career Coaching Session, or submitting a resume or application to Hello Carers will constitute the Candidate’s acceptance of these terms.

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3. Candidate Conduct 

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3.1 Candidates must act in a lawful, competent, professional and timely manner and in accordance with the policies, procedures and reasonable directions provided by Hello Carers.

 

3.2 Candidates must act in a manner that meets the Aged Care Quality Standards and complies with the provisions of the Aged Care Act 1997 (Cth).

 

3.3 Candidates must act in a manner that meets the NDIS Practice Standards and complies with the provisions of the National Disability Insurance Scheme Act 2013 (Cth).

 

3.4. Candidates must obtain at their own expense any licences, permits, qualifications, background checks, registrations and other statutory requirements necessary if required for a role they are introduced to by Hello Carers and accept. 

 

3.5 Candidates must satisfy themselves they can meet the criminal history screening checks (e.g. Working with Children Check, NDIS Worker Screening Check) required for any role they apply for, are interviewed for or accept through Hello Carers. They must not misrepresent their eligibility to lawfully obtain any of these checks and must not knowingly apply for any roles through Hello Carers where they will not meet the criminal history screening requirements. 

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3.6 Candidates must not misrepresent their professional skills, qualifications, work experience or abilities on their Hello Carers Registration Form, resume or in any interactions with Clients they are introduced to by Hello Carers. 

 

3.6 The Candidate will immediately notify Hello Carers where the Candidate that Hello Carers introduced to the Client accepts an engagement with the Client within 12 months of the introduction for any position within the organisation, whether as an employee or any other capacity.

 

3.7 Candidates will act in good faith towards all parties associated with Hello Carers and in a manner to protect the interests and reputation of Hello Carers and associated persons and or parties.

 

4. Engagement of Candidate

 

4.1 The Client will immediately notify Hello Carers where a Candidate that Hello Carers has introduced to the Client accepts an engagement with the Client. Once the Client agrees to engage a Candidate introduced by Hello Carers for any position within the organisation, whether as an employee or any other capacity, within twelve months of the initial introduction, the Client agrees to pay Hello Carers as per prior quoted pricing from Hello Carers for the engagement. 

 

4.2 The Client will not entice, employ or procure the services of the Candidate privately without advising Hello Carers once the introduction has been made by Hello Carers and within 12 months of the initial introduction.

 

4.3 Any Candidate employed or engaged by the Client in accordance with these Terms is responsible under any statute, regulation, by-law, ordinance or other determination of any government agency with the force of law in Australia for: 

a) All of the entitlements of the candidate, including but not limited to payment of salary or invoices, annual leave, personal/carer’s leave, and long service leave (Employee Entitlements); and

 b) All of the obligations of an employer, including but not limited to obligations contained under the Fair Work Act 2009 (Cth) or relevant state Industrial legislation (Employer Obligations), in relation to that candidate. 

 

4.4 The Employer is responsible for the direct supervision and all ongoing management, training and expenses for the Candidate. 

 

5. Onward Referral

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5.1 Introductions made are confidential, and the Client must not disclose to any other party any information relating to the introduction, the Candidate or any subsequent employment/engagement without our express written consent. 

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5.2 Should an introduction result in the engagement of a Candidate, either as an employee or any other capacity, to any other division or any related or associated company or firm, or any other employer or third party where the candidate has been introduced by the Client, the Client will be liable to pay Hello Carers a fee as per prior pricing quote provided by Hello Carers as if the Candidate has been engaged by the Client.

 

6. Fees

 

6.1 Fees payable to Hello Carers by the Client will be calculated based on a number of factors including:

a) Type of engagement of Candidate – (e.g Employee or Contractor role, casual, part-time, full-time, permanent, fixed term etc.) 

b) Recruitment Services requested

• Standard or Premium Advertising

• Identifying Candidates

• Screening Candidates

• Interviewing Candidates

• Referee and other pre-employment checks 

• Contract negotiations

• Supporting onboarding

• Purchase of recruitment resources e.g. Interview Guides, Referee Report Templates. ​

• If a Workforce Solutions Consultation is requested for advice on workforce shortages, workforce optimisation, rostering practices, retention strategies or other care workforce related matters.

 

6.2 Hello Carers will discuss with the Client their recruitment and workforce needs to ascertain the services requested and will provide a quote prior to commencing their services. The Client has ten (10) business days to accept, decline or negotiate the quote either verbally or in writing. After the 10 business days the quoted pricing is no longer applicable.

 

6.3 If the Client requests an amendment to the services required once the work from Hello Carers has commenced a new quote will be issued and require approval from the Client. 

6.4 The Client agrees the invoice for the quoted amount will be issued once an offer of employment or engagement is made to and accepted by a Candidate. Invoices issued by Hello Carers will be payable within fourteen (14) days.

 

7. Suitability of Candidates

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While Hello Carers makes every reasonable effort to ensure the suitability of candidates, Hello Carers does not accept liability for any loss, expense, damage or delay arising in connection with a candidate, irrespective of how they are caused and for any direct or consequential loss or damage resulting from a breach of contract, tort or otherwise howsoever arising. The Client will need to satisfy itself as to whether the integrity, qualifications, criminal history screening, suitability and the relevant medical condition for the position concerned has been met by the candidate. The final recruitment decision rests with the Client and the Client will indemnify Hello Carers and hold harmless against all liability, loss, claims, fines, penalties and damage (including but not limited to Hello Carers own loss and any third party claims and any legal costs on a full indemnity basis) arising out of or in connection with this agreement or any act or omission of any candidate. Reference checking and criminal history checks will only be carried out at the Client’s request and delivered as per instructions.

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8. Replacement Guarantee

 

8.1 Hello Carers will offer a guarantee period to the Client, provided the original placement fee invoice has been paid within the terms of the invoice. The guarantee period is effective from the selected candidate's date of commencement, for a period of three months. If the candidate leaves during the guarantee period, Hello Carers agrees to find a suitable replacement for the original position at no additional cost where:

a) The Client causes the successful Candidate to leave their employment due to the Candidate’s lack of performance (measured against the original agreed job description); or

b)  The Candidate chooses to leave their employment for any reason except where the work they are required to perform is not substantially the same as the original agreed job description, or through any illegal or unreasonable behaviour of the Client.

(c) Any specific on-costs (such as premium advertising etc.) agreed with the Client and incurred by Hello Carers in the replacement will be on-charged to the Client.

d) Only one Replacement Guarantee applies for each permanent placement, i.e. there is no Replacement Guarantee on a replacement Candidate.

e) Should Hello Carers be unsuccessful in replacing the Candidate after 8 weeks, then the fee will be available to the Client as a credit for six months, so long as the Client has not been unreasonable in filling the role. Such a credit may be applied toward future placement(s) of roles.

8.2   The guarantee only applies to the original placement and cannot be transferred to another role. To be a valid claim for the guarantee, the Client must notify Hello Carers in writing within 10 working days of the candidate's termination.

 

9. Termination 

 

9.1 If the Client  does not abide by these Terms of Service Hello Carers reserves the right to, among other things,

terminate the agreement immediately and withdraw any Candidate placed with the Client without notice or penalty.

 

9.2 If the Candidate does not abide by these Term of Service Hello Carers reserves the right to, among other things, terminate the agreement immediately and withdraw the Candidate from any introductions to potential Clients.  

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9.3 A Client may terminate an Assignment by giving 3 business days’ notice in writing. If a Client terminates an Assignment:

a)  Privacy and Confidentiality obligations continue to apply to both the Client and Hello Carers.

b) Where significant work has been performed in good faith by Hello Carers and the Client withdraws the role through no fault of Hello Carers, Hello Carers reserves the right to charge an administration fee up to $1,500 plus GST if applicable. 

c) Unpaid invoices are still payable.

d) Employment of referred Candidates within 12 months of referral from the period of submission will still incur the quoted fees.

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10. Privacy and Confidentiality 

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10.1 Hello Carers support the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). Hello Carers has aPrivacy Policy which details how Hello Carers will collect, hold, use and disclose personal information. 

 

10.2 All information provided to the Client regarding Candidates has been approved by the Candidate for the sole purpose of determining the suitability of the Candidate for employment or engagement by the Client. The Client will keep this information confidential and will not use or retain the information for any purpose other than that stated above. The Client indemnifies Hello Carers from any loss or damage as a result of a breach or claimed breach by the Client of any privacy obligations.

 

10.3 Hello Carers agree to keep confidential any information provided by the Client which is marked as confidential and which Hello Carers did not already possess and is not available in the public domain.

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10.4 The Client explicitly agrees to conduct reference checks on the Candidate only after receiving approval from Hello Carers or the Candidate. 

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10.5 Candidates agree to keep confidential any information provided by the Client throughout the recruitment process which they did not already possess and is not available in the public domain. 

11. Liability and Indemnity 

11.1 Hello Carers will use their best endeavours to refer suitable candidates to the Client based on the information provided by the Client and the Candidate. Hello Carers do not make any warranty or guarantee regarding the accuracy of the information supplied in relation to Candidates, Clients or the suitability of the Candidates and Clients.

 

11.2 Hello Carers does not provide any guarantee whatsoever that any the Candidates referred to the Client will be available to accept or will accept an offer of engagement or employment from the Client.

 

11.3 Hello Carers does not provide any guarantee whatsoever that any the Candidate referred to a Client will be offered engagement or employment from the Client.

 

11.4 The decision to employ a Candidate is solely made by the Client. Hello Carers is not liable for any loss, damage or expense suffered by the Client that has arisen or arises from any act, omission or misconduct of a Candidate or that is incurred as a result of Hello Carers failure to perform or provide the services of the Assignment.

 

11.5 Hello Carers is not liable for any loss, damage or expense suffered by the Candidate that has arisen or arises from any act, omission or misconduct of a Client or that is incurred as a result of Hello Carers failure to perform or provide the services of the Assignment.

 

11.6 By accepting these Terms of Business, the Client or Candidate agrees to indemnify Hello Carers in respect of all loss and damage of Hello Carers caused by acts or omissions of the Client or Candidate or incurred in connection with the Candidate’s engagement.

 

11.7  By accepting these Terms of Business, the Client or Candidate also agrees to indemnify Hello Carers in respect of any liability to the Client and/or any third party for loss and damage, including for personal injury, caused by acts or omissions of the Client or Candidate or incurred in connection with the Candidate’s engagement.

 

11.8 It is the responsibility of the Client to ensure adequate insurance coverage in connection with the Candidate including workers compensation insurance, public liability insurance and professional indemnity insurance.

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12. Goods and Services Tax

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If Goods and Services Tax (GST) is payable on any of the services provided under these Terms of Business it will be added at the current rate to all invoices in addition to the quoted fee.

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13. Currency

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All relevant fees and charges prescribed by and payable to Hello Carers are based upon Australian Dollars (AUD).

 

14. Force Majeure

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Hello Carers shall be released from its obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the parties renders provision of the Services impossible, where all money due to Hello Carers shall be paid immediately and, unless prohibited by law, Hello Carers may elect to terminate the Agreement.

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15. Failure to Act

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Hello Carers failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or Hello Carers failure to exercise any right or remedy available under these Terms or at law, or Hello Carers failure to insist upon timely payment of monies when due or to demand payment of any charges or fees which accrue or any extension of creditor forbearance under these Terms shall not constitute a waiver of any subsequent default or a waiver of Hello Carers right to demand timely payment of future obligations or strict compliance with the Terms.

 

16. Complaints and Dispute Resolution

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16.1 A Client or Candidate can submit a complaint to Hello Carers at support@hellocarers.com.au or 0433 186 572. Hello Carers will investigate the matter with the goal of addressing concerns and resolving the matter efficiently and effectively ideally to the satisfaction of all parties.

 

16.2 Hello Carers have the right to engage an independent mediator or arbitrator if other attempts to resolve the matter fail. The costs of obtaining an independent mediator or arbitrator will be shared equally among the parties.

 

16.3 If necessary, services being provided by Hello Carers to the Client or Candidate can be suspended until matters are resolved. 

16.4 Any costs associated with dispute resolution are the responsibility of the respective party associated with the cost. Both parties are entitled to attempt to recover all reasonable costs incurred in association with a dispute through initiating appropriate legal proceedings.

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17. Governing Law

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These Terms are governed by the laws of the state Queensland, Australia. Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Queensland.