Contingency Service Agreement

Recruitment Terms and Conditions & Fee Schedule

This agreement is made on the date set out in the Details Schedule between People Medical Consulting Pty Ltd (ACN 601 431 814) (“People Medical”) and the client identified in the Details Schedule (“the Client”). This agreement can be accepted by the Client executing and returning it, or by the Client receiving Candidate Information from People Medical and continuing to communicate with People Medical about Candidates or Roles

 Background

  1. People Medical provides recruitment
  2. People Medical and the Client have agreed that People Medical will provide recruitment services for the Client on the terms of this

 Operative Terms

  1. Interpretation

In this agreement:

Business Day” means a day that is not a Saturday, Sunday or gazetted public holiday in Brisbane.

Candidate” means any individual who is identified or Introduced to the Client by People Medical.

Candidate Information” includes a Candidate’s CV, contact details, qualifications and experience, employment history, or other personal details.

Credential” means to verify the claimed qualifications, experience and professional standing of a Candidate.

Details Schedule” means the schedule to this agreement specifying the details of our agreement, including Client details

Fee” means the fee payable by the Client to People Medical for Services under this agreement, as specified in the Service and Fee Schedule.

Introduce” includes to provide Candidate Information or to arrange or facilitate an interview with a Candidate.

“Other Medical Practitioner” refers to any Practitioner, not a General Practitioner, placed with a salary.

Placement” means employment or engagement of a Candidate by the Client or Related Body Corporate of the Client, whether temporary or permanent, and whether contract, casual, part-time or full-time.

Role” means a role at the Client or a Related Body Corporate, in which a Candidate may be Placed.

Related Body Corporate” has the meaning given in the Corporations Act 2001 (Cth).

Service and Fee Schedule” means the service and fee schedule attached to this agreement, as updated by People Medical from time to time.

Services” means the recruitment services provided by People Medical to the Client under this agreement, including the provision of Candidate Information to the Client, and provision of the services described in the Service and Fee Schedule at the request of the Client.

Term” means the term of this agreement, as described in clause 2.

2. Term

  • This agreement starts on:
    • the date it is signed by the Client; or
    • the date People Medical first provides Candidate Information to the Client, whichever occurs
  • This agreement continues until it is terminated by a party giving 20 Business Days’ prior written notice of termination to the other

3. Services

During the Term:

  • the Client may advise People Medical of Roles in which the Client wishes to Place Candidates;
  • People Medical is appointed to represent the Client to recruit Candidates for Roles;
  • People Medical may identify Candidates for Roles and provide Candidate Information to the Client; and
  • People Medical may provide, at the request of the Client, any of the Services described in the Service and Fee Schedule.
  • The Client must notify People Medical immediately (including all relevant details) of:
    • feedback about any Candidate Information provided;
    • an offer or proposal to interview any Candidate;
  • the outcome of any interview of a Candidate;
  • any offer of a Placement made to a Candidate; and
  • the Placement of a Candidate,
  • and the Client acknowledges that delay in such notification may result in a Candidate seeking alternative roles.
  • People Medical will undertake two detailed reference checks for each Candidate Introduced to the Client, unless otherwise agreed with the
  • Each party must comply with applicable anti-discrimination law in relation to Candidates and Placements

4. Exclusions from the Services

  • People Medical does not conduct medical assessments, criminal background checks or Credential Candidates. If required, those additional Services may be requested by the Client, and People Medical may provide a separate quote for those
  • Liaising and communicating with Candidates is the Client’s responsibility, except in the case of Full Service Recruitment where such liaison and communication is managed by People
  • People Medical does not provide on-hire services or otherwise engage personnel on behalf of Clients. The Client is responsible for all employment-related obligations in respect of Placed Candidates, including workers compensation insurance, workplace safety, superannuation guarantee contributions, PAYE deductions and payroll

5. Fees

  • The Client must pay People Medical the Fee specified in the Service and Fee Schedule (or otherwise agreed in writing) in respect of the Services provided by People Medical for the
  • Fees are due and payable on invoice from People Medical to the
  • A Payment Plan may be offered up to 6 months; however, this will not offer a rebate period and will have an administration fee of up to 7%.
  • People Medical is not responsible for payment of any official application fees for regulatory applications completed for a Candidate. These fees are advised to and paid by the Candidate, but they may be a matter of negotiation between the Client and Candidate.
  • If a Candidate Introduced to the Client by People Medical is:
    • Placed in any Role within 12 months after the Introduction; or
    • Placed in any short-term Role, and within 12 months after the end of that Role is Placed in a permanent Role,

then that Candidate is taken to have been recruited by People Medical for the Client (and the applicable Fee is payable).

  • If a Role is withdrawn by the Client after a Placement has been accepted by a Candidate, People Medical may charge the Client up to 20% of the Fee which would have been payable had the Placement
  • If a Candidate withdraws from a Placement because of the Client’s breach of agreement or other misconduct or omission, People Medical may charge the Client as if the Placement had
  • If the Client disputes any part of an invoice, the Client must notify People Medical of the dispute within 10 Business Days after the date of the invoice. In the absence of such notification, the invoice is taken to be correct.
  • Unless otherwise specified, the Fee is exclusive of GST which is payable by the Client in
  • If the Client cannot pay invoices on time, the Client must contact People Medical to reach an alternative agreement about payment. People Medical may charge interest at the rate of 18% per year, accrued and compounded monthly, on overdue invoices. Invoices overdue by more than 10 Business Days may be:
    • passed to a collection agency and will cause the Client to become ineligible for the fee guarantee in clause 8. The Client must pay People Medical any debt collection and recovery costs (including legal costs on a solicitor and own client basis) incurred in taking steps to recover payment.
    • listed as a default in payment with the appropriate credit reporting

6. Confidentiality

  • Each party will keep non-public information provided by the other confidential, and will not use it other than as necessary for the performance of this agreement. Neither party may make any public comment about any Candidate nor about the performance of this agreement by the other party.
  • In particular, the Client agrees and acknowledges that Candidate Information is strictly confidential, may only be used for consideration of a Candidate for a Role, and must not be disclosed to any other person. The Client must promptly return or delete Candidate Information relating to Candidates who are not
  • The Service and Fee Schedule, and all other Fee information, is confidential to People Medical and must not be disclosed to any Candidate, client or other recruitment services
  • Each party must comply with its obligations under the Privacy Act 1998 (Cth).

7. Liability

  • People Medical excludes any representation or warranty concerning the Services or this agreement which is not expressly set out in this
  • The Client must undertake its own assessment of the suitability, qualifications and experience of Candidates for Roles. Although People Medical will endeavour to provide suitable, qualified and experienced Candidates, People Medical is not responsible if a Candidate is not ultimately suitable for a Role, or does not in fact possess qualifications or experience represented by the Candidate or communicated by People Medical
  • The Client indemnifies People Medical and its directors and officers from any claim, loss, liability or expense arising from the conduct of a Candidate after
  • People Medical will endeavour to provide the Services promptly. However, People Medical is not responsible for any delay in connection with this agreement or the Services, no matter how
  • The parties have no liability to one another for any consequential loss, lost revenue or profits, lost productivity, business interruption, or any special, indirect or incidental loss, related to the Services or this agreement. These exclusions apply even if a party knew or should have known that the other party might suffer loss.
  • If any term is implied by law in this agreement and cannot be excluded, then each party limits its liability under that term to the maximum extent permitted by

8.     Fee guarantee – early Candidate departure

Subject to this clause, if a permanent Placed Candidate ends his or her Placement within 12 weeks after the Placement starts, People Medical will refund Fees (but not external costs such as official application fees) as follows: (a) within weeks 1-4: 80% refund; (b) within weeks 5-8: 40% refund; and (c) within weeks 9-12: 20% refund.

  • The Client must notify People Medical immediately of:
  • any circumstances that may potentially result in a refund under this clause; and
  • the ending of the Placement of a Candidate relevant to this clause, stating the date and
  • The Client must provide accurate information on a regular basis during the first 12 weeks of any Placement so that People Medical can conduct confidential and timely performance checks, and provide counselling for Candidates if required by the
  • If the Client or a Related Body Corporate re-engages a Candidate within 12 months after the date a refunded Placement ends, People Medical is entitled to re-invoice the refunded
  • A refund under this clause is not payable if:
    • The client has failed to provide thorough feedback of the candidate’s performance each week of their employment either by phone or email
    • The job description initially provided, and agreed to by all parties, was incorrect or misleading,
    • An initial guarantee is not provided, and the candidate leaves due to a lack of patients/income.
    • A payment plan has been utilised to pay for People Medical’s
  • A refund under this clause is not payable unless:
    • the Client has made reasonable attempts to induct and orientate the Candidate into its workplace; and
    • the Client has fulfilled all of its obligations under this agreement in respect of the
  • A refund under this clause is not payable where:
    • the Client has paid any People Medical invoice more than 10 Business Days after the invoice date, or is then currently in arrears for any People Medical invoice;
    • the Candidate was Placed on a contract, temporary or short-term basis prior to permanent Placement;
    • the Candidate was an internal Candidate identified or nominated by the Client;
    • the Client had provided any misleading or incomplete information to the Candidate; or
    • the Placement ended because of redundancy, retrenchment or operational requirements, unfair or unreasonable conduct by the Client, or breach of the Candidate’s employment terms by the

9. Termination for breach or insolvency

  • A party may terminate this agreement immediately by giving written notice to the other party if the other party:
    • is or becomes bankrupt or insolvent; or
    • breaches this agreement and the breach is not remedied within 5 Business Days after that party receives notice of the
  • If this agreement is terminated for any reason, People Medical may at its discretion complete any then partially completed Services, and invoice for the Fee for any such Services, when

10. Privacy

  • The Client hereby authorises People Medical to collect, retain, record, use and disclose personal 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 People Medical, a debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings
  • The Client also authorises People Medical to make enquiries with respect to the Client’s credit worthiness; to exchange information with other credit providers in respect to previous defaults of the Client and to notify other credit providers of a default by the

11. External Representation

  • Should the Client engage a management company or use an external consultant to represent them with regards to recruitment, the Client will be held financially responsible for the Recruitment
  • Should the fee fail to be paid by the Client, it will be the responsibility of the External Consultant to pay the fee on behalf of the client and recoup this loss via their own channels. People Medical will not be held liable for any expenses incurred by the External Consultant in their recouping the fee from the Client

12. Multiple Sites

  • This agreement applies to all entities in which the Company Name & ABN listed in the Details Schedule is responsible
  • If multiple sites are owned under different entity names/ABNs then a separate agreement should be signed.

13. Other Terms

  • Notices under this agreement can be addressed to:
    • in the case of the Client, the address in the Details Schedule; and
    • in the case of People Medical, PO BOX 496, Hamilton QLD 4007 and each party may update its address by notice to the other
  • Rights under this agreement cannot be assigned, sub-licensed or
  • Clauses 4, 6, 7, 9 and 10 survive the termination or expiry of this
  • This agreement is the entire agreement between the parties concerning the Services. Any prior negotiations or documents are superseded by this
  • The parties are independent contractors. This agreement is not intended to create a partnership, joint venture or agency relationship between the
  • Each party must pay its own costs of negotiating, signing and performing this
  • Queensland law applies to this