CareerOne Pty Ltd ABN 140 090 615 722 of Level 10, 51-57 Pitt Street, 2000 (‘CareerOne’ or ‘we’, ‘us’ or ‘our’ as the context permits); and the client (Client or ‘You’).
These terms and conditions apply to Clients that acquire any of the following products and services:
- job posting;
- recruitment services;
- display advertising; and
- use of the CareerOne resume database.
These terms and conditions are to be read in conjunction with the Trading Terms and Conditions. Unless the contrary intention appears or unless otherwise defined in the “Definitions” clause below, capitalized terms have the same meaning as the Trading Terms and Conditions.
A. JOB POSTING
If you post job opportunities on the CareerOne Site then these terms and conditions apply to you.
Posting Job Advertisements
- CareerOne will permit Client to post Job Advertisements on the CareerOne Site in accordance with these terms and conditions and the Trading Terms and Conditions.
- Client must have a Client Account in order to post Job Advertisements.
- Each Job Advertisement must:
- relate to one unique job opportunity. Clients must not advertise multiple job opportunities in the same Job Advertisement;
- not contain any hyperlinks; and
- be posted in the correct job category.
- Client acknowledges and agrees that:
- CareerOne will disable any hyperlinks contained in a Job Advertisement;
- if Client advertises multiple job opportunities in the one Job Advertisement, Client will be liable to pay for the number of job opportunities advertised in the one Job Advertisement;
- CareerOne reserves the right to remove a Job Advertisement from one job category and post the Job Advertisement in another job category;
- If a Job Advertisement is incorrect following publication it is Client’s responsibility to contact CareerOne to action any correction required.
- CareerOne will use reasonable endeavours to publish a Job Advertisement in the format and in the position agreed with Client.
- Job Advertisements:
- expire after 30 days from date of publication (unless terminated earlier or extended);
- must be posted during the period specified in the Booking Form, or if purchased as part of a job pack, prior to the expiry of the job pack.
- Job packs expire 6 months from the posting date of the first Job Advertisement purchased as part of the job pack.
- Client must pay a fee for each Job Advertisement posted on the CareerOne Site in accordance with the fees and charges specified in the Booking Form and/or the applicable job pack. For the avoidance of doubt, the following constitute the use of a new/additional Job Advertisement to which Client must pay a fee:
- reactivation of a deleted or expired Job Advertisement;
- refreshment or renewal of a Job Advertisement;
- the change of a zone/location classification; and
- the change of a Job Advertisement reference number.
- If Client purchases a specified quantity of Job Advertisements as part of a block or job pack, then:
- any Job Advertisements posted in excess of the Allowance will be billed at CareerOne’s then applicable rates for each Job Advertisement exceeding the Allowance;
- Client will not be entitled to a refund or credit for any unused Job Advertisements purchased but not used before the expiry date.
B. RECRUITMENT SERVICES (CAREERONE RECRUIT)
If you engage CareerOne to provide personnel recruitment services on your behalf, then the following terms and conditions apply to you.
- In accordance with your instructions, CareerOne will do one or more of the following to find potentially suitable candidates for your specific recruitment needs:
- post your Job Advertisement on the CareerOne Site and on a number of third party websites determined by us;
- review our existing resume database for potential candidates;
- receive applications from interested applicants;
- undertake a review of each application with a view to either:
- shortlisting the applicant for presentation to you as a prospective candidate;
- arranging interviews between the applicant and you;
- acting as a liaison between you and the applicant; and
- contacting the applicant on your behalf to advise outcome of the recruitment process.
- Clients may purchase recruitment services on a casual basis or on a Recruit Subscription basis.
- Clients who purchase a Recruit Subscription will receive:
- a Client Account from which to post an unlimited number of Job Advertisements;
- a Client Profile Page; and
- an allocated number of Recruitment Credits to which Client is entitled to apply towards the use of recruitment services during the term of the subscription.
- Clients who purchase a Recruit Subscription will be entitled to Recruitment Credits, which may be applied towards the use of recruitment services. Unless otherwise agreed in writing, Clients will be allocated 2 x Recruitment Credits for use during each 12 month term of the subscription (Credit Allocation).
- Upon Placement of a candidate in Client’s business, a Recruitment Credit will be deducted from a Client’s Credit Allocation for that Placement.
- Client acknowledges and agrees that Recruitment Credits:
- expire 12 months’ from the commencement date of the Recruit Subscription (Expiry Date);
- not used by the Expiry Date will, subject to clause 16 below, immediately lapse and may not be applied against any future recruitment services;
- are not transferrable; and
- are not redeemable for cash.
- Upon renewal of the Recruit Subscription, any Recruitment Credits not used by the Expiry Date will roll over and be added to Client’s Credit Allocation.
- Client may request CareerOne to provide further recruitment services at any time by making a request to CareerOne in writing. Fees payable for those additional recruitment services are set out in clause 20 below.
Fees – Clients on Recruit Subscriptions
- Clients on a Recruit Subscription must pay an annual subscription fee (Subscription Fee). The amount of the Subscription Fee is set out in the Booking Form. CareerOne reserves the right to change the Subscription Fee upon renewal of your subscription by prior notice in writing to you.
- Clients may elect to pay the Subscription Fee up-front or via 12 equal monthly instalments.
- If Client requests CareerOne to provide additional recruitment services in accordance with clause 17, then upon receiving the request, Client will be liable to pay a fee for that Placement (Additional Fee). The amount of the Additional Fee is set out in the Booking Form.
- Clients may elect to pay the Additional Fee up-front or via 12 equal monthly instalments. The Additional Fee (or if paying via instalments, the first instalment of the Additional Fee) is due on the Placement Date.
- If paying via instalments, then:
- the instalments are payable monthly in accordance with the billing cycle specified in the Booking Form; and
- unless otherwise agreed, CareerOne will automatically deduct the monthly instalments from your nominated account or credit card every month.
- The Subscription Fee and the Additional Fees are non-refundable unless:
- CareerOne cancels Client’s Recruit Subscription (other than for breach of this Agreement by Client); or
- required by law.
Fees – casual Clients
- Upon Placement of a candidate, Client will be liable to pay a fee for that Placement (Casual Fee). The amount of the Casual Fee is set out in the Booking Form. The Casual Fee is due on the Placement Date.
What is a Placement?
- For the purpose of these terms and conditions, a Placement will be deemed to have occurred if within 12 months from the introduction of a candidate to you under this Agreement, you:
- employ, engage or otherwise contract with a candidate introduced by CareerOne; or
- refer a candidate introduced to you by CareerOne to a third party who then employs, engages or otherwise contracts with that candidate, and regardless whether:
- the status of the position is full time, part time, fixed term, temporary or casual; or
- the introduction was via interview, canvassing, supply of resume or any other method.
- For the avoidance of doubt, fees apply in relation to any candidate CareerOne introduces to Client during the twelve (12) months preceding the date of the engagement.
- A Placement will be deemed to take effect on the date the candidate accepts the relevant offer of employment/engagement (Placement Date).
- Client must notify us immediately upon:
- acceptance of an offer of engagement by a candidate introduced to you by CareerOne (so we can deduct a Recruitment Credit from your Credit Allocation or bill you for our services);
- acceptance of an offer of engagement by a candidate introduced to you by a third party (so we know to stop searching for a candidate for you);
- your decision to no longer recruit for the relevant position being advertised pursuant to these terms and conditions (so we know to stop searching for a candidate for you).
- Client acknowledges and agrees that:
- Client assumes full responsibility for carrying out necessary background and reference checks. Although CareerOne may undertake some background and reference checks through the course of our recruitment activity Client remains responsible for satisfying itself as to the suitability of a candidate introduced to it under this Agreement;
- the services provided under this Agreement may include advice and recommendations, but subject to the provisions contained in this Agreement and any rights you may have at law, all decisions in connection with the implementation of such advice and recommendations will be Client’s responsibility; and
- CareerOne is not responsible or liable for any:
- incorrect, untrue or misleading representations made by or on behalf a candidate we have introduced to you;
- failure of a candidate to perform or comply with a candidate’s terms of employment (including without limitation, breach by a candidate of a non-complete clause in the candidate’s employment contract with a previous employer); or
- loss or damage in connection with the introduction of a candidate to you.
- Client warrants to CareerOne that it will comply with the Fair Work Act 2009 (Cth) and any applicable awards, enterprise agreements or other instruments in respect of:
- any work experience, voluntary or internship position that Client requests us to recruit for on Client’s behalf;
- the terms of engagement upon which Client engages any candidate referred to it under this Agreement.
- If either you, or a candidate we have introduced to you (and subsequently engaged by you) terminates their engagement within 12 weeks of the date of the candidate’s commencement with you then, CareerOne will commence a new search for a candidate on your behalf free of charge (Replacement Guarantee).
- Client acknowledges and agrees that:
- CareerOne will have the exclusive opportunity to search for a replacement candidate; and
- if Client (or any person associated with Client) subsequently reengages the candidate within 12 months from the date of termination, then Client is liable for the applicable fee for that candidate.
- The Replacement Guarantee does not apply where:
- outstanding fees apply to Client’s account;
- Client fails to notify CareerOne in writing within 24 hours of the occurrence of the termination;
- a replacement candidate is recruited (i.e there is no Replacement Guarantee for replacements);
- the termination is for any of the following reasons:
- retrenchment or restructure;
- change of job description resulting in changes to job responsibilities and/or duties; or
- the candidate resigns (despite satisfactory performance) due to factors beyond candidate’s control.
- In the event CareerOne is not able to find a replacement candidate for more than two months from the commencement of the replacement recruitment services, then CareerOne will provide Client with one Recruitment Credit free of charge. Unless required by law, no refunds are provided.
- If Client is subject to a Recruit Subscription, then the subscription commences on the start date specified in the Booking Form (Subscription Start Date) and will end after 12 months (Subscription End Date).
- The Annual Subscription will renew automatically on the 12 month anniversary of the Subscription Start Date, unless Client party notifies CareerOne of its decision not to renew. Such notice must be provided in writing and by no later than 30 days’ before the end of the then current term.
- If Client does not wish to renew the Recruit Subscription but has requested CareerOne provide additional recruitment services in accordance with clause 17 then:
- expiration of the Annual Subscription does not affect Client’s obligation to pay the Additional Fee. For the avoidance of doubt, Client remains liable to pay the Additional Fee in accordance with clauses 20 to 22 of these terms and conditions;
- the parties’ relationship will continue to be governed by the terms of this Agreement until the full amount of the Additional Fee has been paid.
C. DISPLAY ADVERTISING
If you submit Display Advertising to CareerOne for publication on the CareerOne Site, then the following terms and conditions apply to you.
Request for publication
- Client may request CareerOne to publish a Display Advertisement at any time.
- If CareerOne accepts Client’s request, it will send Client a Booking Form containing the specific terms that apply to the publication of the Display Advertisement.
- The Booking Form is valid for 72 hours from date it is provided to Client. To proceed, Client must accept the Booking Form within the required time frame.
- CareerOne cannot guarantee Client’s order is fulfilled unless Client accepts the Booking Form in the required time frame.
- Display Advertisements cannot be reserved and are subject to availability.
- Client must ensure that all Display Advertisements comply with CareerOne’s submission requirements as set out in the Booking Form or otherwise advised to Client (Specifications). CareerOne may refuse to publish a Display Advertisement or may remove a Display Advertisement that CareerOne considers does not comply with the Specifications.
- Client must submit the Display Advertisement to CareerOne no later than the date specified in the Booking Form or if no date is specified, 3 business days prior to the scheduled publication date (Scheduled Start Date). If Client’s failure to comply with this clause results in a delay to the Scheduled Start Date, the Display Advertisement will be deemed to have been published on the Scheduled Start Date and the fees will not be reduced.
- Display Advertisements expire on the date specified in the Booking Form (Scheduled End Date) unless terminated earlier or extended in accordance with this Agreement.
- To terminate or extend the Scheduled End Date, Client must make a request in writing to CareerOne. The decision whether to extend the Scheduled End Date is at CareerOne’s sole discretion.
- If Client chooses to expire the Display Advertisement prior to the Scheduled End Date, the fees payable for that Display Advertisement will not be reduced.
- Cancellation or amendment of any Display Advertisement later than 21 days prior to the Scheduled Start Date will not reduce the fees payable for that Display Advertisement. Client will be liable for the full amount of the fees had the Display Advertisement been published in accordance with the Booking Form.
- Cancellation or amendment of a Campaign after the Scheduled Start Date will not entitle the Client to a refund of any fees attributable to the remainder of the Campaign (unless required by law).
- If Client is an advertising agency:
- Client warrants that it is authorised to enter into this Agreement and publish Display Advertising on behalf of its customers.
D. RESUME DATABASE
If you access CareerOne’s Resume Search database (Resume Database) then the following terms and conditions apply to you.
Access to Resume Database
- A username and password is required to access the Resume Database.
- Subject to Client complying with this Agreement, CareerOne grants Client a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Resume Database for the sole purpose of searching and viewing candidate profiles and resumes (Database Licence).
- Clients can purchase a Database Licence with a term of either 1 week, 2 weeks or 1 month (Licence Term).
- Client is responsible for maintaining the confidentiality of the login details and passwords required to access the Resume Database. Client must keep its login and password details confidential and must not share access to the Resume Database with any other person without CareerOne’s prior written consent. Client is responsible for all uses of the Resume Database, whether or not authorized by you. Client must immediately notify CareerOne of any unauthorized use of the Resume Database.
- If Client (or an Authorised User) breaches any term of this Agreement then CareerOne may immediately suspend or terminate Client’s access to the Resume Database.
- Clients will be entitled to a specified number of Database Credits, which may be applied towards the use of Profile Views during the applicable Licence Term.
- Subject to the Database Credit Allocation, Client may utilize as many Database Credits as it wishes during the applicable Licence Term.
- Database Credits expire at the end of the Licence Term and if not used within the Licence Term will immediately lapse. Client acknowledges and agrees that Database Credits are not transferrable and are not redeemable for cash.
- Client must (and ensure that its Authorised Users):
- use the Resume Database in accordance with the Privacy Act 1988 (Cth) and all applicable privacy and data protection laws;
- take all reasonable steps to ensure any Personal Information accessed in the course of using the Resume Database is protected from unauthorized access, misuse, loss, modification or disclosure;
- not use the Resume Database for any purpose other than for recruitment purposes in respect of genuine employment opportunities; and
- without limiting clause 60.3, not use the Resume Database to direct market to candidates or solicit business from candidates.
E. CLIENT PROFILE PAGE
If you have a Client Profile Page then the following terms and conditions apply to you.
- Clients who purchase the following products or services will receive a Client Profile Page as part of that product or service:
- a Recruit Subscription; or
- select job packs.
- A Client Profile Page may also be available for purchase as a stand-alone product on a recurring subscription basis.
- If Client purchases a Client Profile Page as a stand-alone product then Client must pay a recurring subscription fee for an indefinite period unless terminated by Client or CareerOne in accordance with this Agreement. The subscription amount and billing cycle are set out in the Booking Form.
- Client may terminate its subscription at any time by providing CareerOne with sixty (60) days’ notice in writing.
- Your access to your Client Profile Page will remain active until the termination takes effect (unless CareerOne terminates or suspends your access earlier in accordance with this Agreement).
- You acknowledge and agree that CareerOne may monitor your job posting activity on a daily basis. If Client does not post any Job Advertisements for more than 14 consecutive days, then with your permission, CareerOne will source job advertisements posted by Client from other job boards or third party sites (including Client’s own website) and post these job advertisement on the Client Profile Page on Client’s behalf.
- In this Agreement the following definitions apply:
- Allowance means the quantity of Job Advertisements specified in a job pack that a Client is permitted to post on the CareerOne Site during the period specified in the job pack.
- Authorised User means a person authorised by CareerOne to access and use the Resume Database.
- Campaign means the advertising campaign conducted by Client and specified in the Booking Form.
- Database Credit means a credit granted to Client to which Client is entitled to apply towards the use of Profile Views during the applicable Licence Term.
- Database Credit Allocation means the maximum number of Database Credits a Client is entitled to use during the applicable Licence Term.
- Licence Term has the meaning given in clause 53
- Placement has the meaning given in clause 26.
- Placement Date has the meaning given in clause 28.
- Profile Views means the act of viewing (via access to the Resume Database) a candidate’s profile and resume and any other information made available by a candidate to users of the Resume Database.
- Recruitment Credit means a credit granted to Client for the provision of Recruitment Services in relation to a Job Advertisement posted by or on behalf of Client on the CareerOne Site.
- Recruit Subscription means an agreement between Client and CareerOne for the provision of a specified number of Recruitment Credits for use during a 12 month term.