General Terms and Conditions.

1. Introduction

These General Terms and Conditions (“Terms”) govern your use of our website and the relationship between Young Wild & Freelance Pty Ltd ABN 65684798098, trading as Working Holiday Staffing (“Agency”, “We”, “Our”, “Us”) and all clients (“Client”, “You”) and candidates (“Candidate”, “You”).

By accessing our website and engaging the services of the Agency, Clients and Candidates agree to abide by these Terms, which may be modified by the Agency from time to time.

2. Definitions

In these Terms, unless the context otherwise requires:

1. "Candidate" refers to any individual introduced by the Agency to a Client for potential employment or engagement directly by the Client.

2. "Client" refers to any individual or entity that engages the services of the Agency to source and introduce Candidates

3. "Services" refers to recruitment and placement services provided by the Agency to the Client, including sourcing, screening, and introducing Candidates for direct employment by the Client.

4. "Agreement" refers to any written or oral agreement between the Agency and the Client regarding the provision of recruitment and placement services.

3. Agency Role and Responsibilities

The Agency acts as an intermediary between Clients and Candidates. The Agency sources, screens, and introduces Candidates to Clients for direct employment or engagement by the Client. The Agency does not employ Candidates, nor does it assume responsibility for their employment obligations once hired by the Clients.

4. Candidate Relationship

Candidates introduced by the Agency are not employees, contractors, or agents of the Agency. The Agency facilitates introductions but does not employ or pay Candidates. Candidates acknowledge that their employment relationship, if any, is directly with the Client.

5. Client and Candidate Engagement

Clients engage the Agency to introduce suitable Candidates for roles as specified by the Client. Any offer of employment is made directly by the Client to the Candidate. The Agency is not a party to the employment contract between the Client and Candidate and is not responsible for its execution or performance. 

6. Confidentiality

Both Clients and Candidates agree to maintain the confidentiality of all proprietary and personal information shared during the recruitment process. This obligation extends beyond the conclusion of any recruitment activity and includes, but is not limited to, business information, candidate profiles, and other sensitive data.

7. Data Protection and Privacy

The Agency, Clients, and Candidates must comply with the Privacy Act 1988 (Cth) and all applicable privacy laws regarding the handling of personal data. Personal data will not be disclosed to third parties without proper consent, unless required by law.

8. Agency Fees

The Client agrees to pay the Agency a placement fee as specified in a separate written agreement. The placement fee is calculated as a percentage of the Candidate’s annualised total remuneration package (including superannuation), pro rata for the actual contract period. Payment terms, including any rebates or replacement guarantees, are governed by the separate agreement.

9. Non-Solicitation

During the term of any engagement and for a period of 12 months after its conclusion, Clients shall not circumvent the Agency by directly employing or engaging any Candidate introduced by the Agency without paying the agreed placement fee. A breach of this provision may result in a penalty as outlined in the separate agreement.

10. Dispute Resolution

In the event of any dispute between a Client and Candidate, the Agency will not be liable for resolving the dispute but may assist both parties to reach a resolution if reasonably requested. Any disputes that cannot be resolved informally will be subject to the laws of New South Wales, Australia.

11. Liability

The Agency will not be liable for any direct, indirect, special, or consequential loss or damage arising out of or in connection with the employment of a Candidate by a Client. The Client acknowledges that the Agency’s role is limited to introducing suitable Candidates and does not guarantee the performance or conduct of any Candidate.

12. Termination of Engagement

Either the Client or the Agency may terminate their engagement in accordance with the terms specified in any separate written agreement. Termination does not affect accrued rights and obligations up to the date of termination.

13. Force Majeure

Neither the Agency nor the Client will be held liable for any failure or delay in performance of their obligations due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, supply shortages, or government regulations.

14. Independent Advice

Clients and Candidates are encouraged to seek independent legal, financial, or other professional advice before entering into any employment or placement arrangement. These Terms are not intended to replace professional advice.

15. Amendments to Terms and Conditions

The Agency reserves the right to amend, modify, or update these Terms at any time. Any amendments will be communicated to Clients and Candidates through appropriate channels. Continued use of the Agency’s services after such amendments constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any legal actions, claims, or disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with any separate agreements executed between the Agency and the Client, constitute the entire understanding between the parties with respect to the subject matter and supersede all prior discussions, negotiations, and agreements.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Young Wild & Freelance Pty Ltd

Trading as Working Holiday Staffing

Email: info@workingholidaystaffing.com

ABN: 65684798098