Terms & Conditions

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The Fine Print

The following terms and conditions are an agreement between Harrison McMillan Pty Ltd and The Client. This document sets out the general terms and conditions (“General T&C’s”) on which we will provide our services to you. The General T&C’s should be read in conjunction with the specific assignment documentation or quote provided to you. If no quote has been provided prices set out in clause 3 – Proactive Candidate introduction will apply. Where there is an inconsistency between the General T&C’s and the specific assignment documentation, the terms of the specific assignment documentation will prevail. We will treat you as having accepted the terms of the General T&C’s and the specific assignment documentation if you continue to instruct us after receiving these documents. Additionally, the acceptance of candidate details, interviewing of a candidate or engagement of a candidate introduced by us, will amount to your acceptance of this agreement. Unless it is terminated earlier, the arrangement to provide our Services will terminate when we have completed providing the services to you and you have paid our fees.

  1. Harrison McMillan Pricing for Recruitment Services
    1. Harrison McMillan will provide you a quote which outlines the fixed cost agreed for a recruitment assignment based on Harrison McMillan input, expertise level, salary of the position and any position related requirements. Irrelevant of the hours of recruitment service invested the fixed price quote applies inline in the invoice schedule. NB. If a quote has not been provided prices set out in clause 3 – Proactive Candidate Introduction will apply.
    2. Outside of Harrison McMillan quote Harrison McMillan reserves the right to charge hourly consulting fees for required additional services based on Harrison McMillan providing a quote to the client for the services and the client accepting the quote.
    3. Other fees and additional charges such as psychometric testing, print and digital advertising or any disbursement costs if required, will be advised prior to undertaking, for the approval of The Client and charged as a disbursement invoice outside of the fixed price quote.
    4. Harrison McMillan’s package’s and hourly rates are subject to change when necessary. Harrison McMillan will endeavour wherever possible to notify the client of these changes in advance.

 

  1. Temporary Workers and Contractors
    1. Harrison McMillan are able to provide temporary and contract employees to The Client for an hourly rate excluding GST for contractor hours worked.
    2. The hours work will be invoiced to the client on a weekly basis and include the contractor pay rate, statutory charges, on-costs and supplier margin.
    3. The commencement of a project constitutes your acceptance of the hourly charge and all other charges and fees that are payable in accordance with this agreement.
    4. Individual contractors will be subject to individual client contracts and you understand and agree that we are required to comply with the relevant modern awards, enterprise agreement or any other industrial instrument and laws applying to Temporary or Contracted workers provided to you on projects.
    5. Contractors sourced and engaged by Harrison McMillan must be contracted through Harrison McMillan for the duration of the contract and subsequent contract engagements and not directly with The Client or through another service provider unless otherwise agreed.
    6. Contractors may be offered permanent employment by the client with no buy out fees owing to Harrison McMillan, provided the contractor has been engaged on the contract assignment for at least 12 weeks and 2 weeks’ notice is provided to Harrison McMillan before the transfer occurs. Harrison McMillan needs to sight a signed permanent employment contract prior to transfer. Failure to comply with this clause will be subject to a compensation fee of $7,500.00 plus GST.

 

  1. Proactive Candidate Introductions
    1. If Harrison McMillan proactively introduces interested candidates to clients exclusive of the fee for service recruitment service or fixed priced quote, the client will be charged a flat fee outlined in the below table of packages, unless negotiated otherwise.
      < $80,000 $80,001 – $120,000 $120,001 – $150,000 > $150,001 
      $6,125 + GST $9,150 + GST $11,500 + GST $14,500 + GST
    2. The progression of engaging with the introduced candidate constitutes the acceptance of the stated fees and charges.
    3. If a client engages a candidate proactively introduced by Harrison McMillan within 6 months of the introduction the stated fees and charges will also be payable.
    4. Our Guarantee terms and conditions apply.

 

  1. Payment and Invoicing Terms
    1. All fees are strictly payable within seven working days of the invoice date.
    2. All fees payable under these terms of business are exclusive of GST.
    3. Invoices will be at key project milestones as set out in your client timeline at the start of the project or invoice schedule in the provided quote.
    4. Completed project implies when the candidates has accepted the position and signed the employment contracts.
    5. If invoices are not paid in a timely manner, then without prejudice to any other remedy we may charge you interest calculated daily and compounded monthly at 2% above the base rate of the ANZ Bank at the date of payment and the costs of recovery including legal costs on a full indemnity basis.

 

  1. Guarantee Outcomes
    1. A guarantee outcome involves Harrison McMillan performing recruitment services until an agreed outcome is reached at the cost set out in the agreed package. The agreed outcome will be agreed between the client and Harrison McMillan before the commencement of the project. No refund will be provided.
    2. In order to be eligible for the guarantee, Clients must respond to Harrison McMillan’s communications including longlists and shortlists and provide post interview feedback within 5 business days. Non-compliance will result in our guarantee being invalid.
    3. In order to be eligible for the guarantee, clients must interview suitable candidates within 5 business days of receiving an acceptable shortlist form Harrison McMillan’s. Non-compliance will result in our guarantee being invalid.
    4. The project must be on an exclusive basis. If a suitable candidate is sourced internally or via another agency the guarantee does not apply, and full project costs will be invoiced.
    5. If the client organisation decides to hold or not progress with the project due to changing business requirements the guarantee does not apply.
    6. Should there be a change of direction, change of scope or new concept that differs from the initial brief, or new requirements requested, additional fees will be payable according to time/materials involved and the guarantee may not apply.

 

  1. Post placement guarantee
    1. For complete package and only for the complete package we guarantee the selected candidate will remain with the organisation for a minimum period of 3 months, unless negotiated otherwise If during this time frame the candidate exits the organisation Harrison McMillan will redo the assignment at no additional recruitment cost. Disbursement costs may apply.

 

  1. Intellectual Property
    1. Unless we agree otherwise in advance, Harrison McMillan owns all Intellectual Property in any materials that we develop for you (including templates, policies and procedures). Such materials must not be provided to or used by any other party outside of your organisation without consent. If Harrison McMillan Intellectual Property such as market maps, longlist, shortlist or candidate resumes are used by outside 3rd parties a fee of $9,500 plus GST will apply to the organise who has shared Harrison McMillan’s IP and by the company who has accepted and used Harrison McMillan’s IP.

 

  1. Limitation of Liability
    1. Harrison McMillan shall not be liable to you for:
    2. Any consequential or indirect loss, loss of business, loss of profits or loss of opportunity.
    3. The acts or omissions of candidates, contractors or consultants engaged by you through Harrison McMillan.
    4. Any alterations or additions to the Services made without the express approval of Harrison McMillan.

 

  1. Additional Terms and Conditions
    1. Proposals/Estimations are estimates based on the original brief provided by the Client. Estimates are subject to change upon changes in the assignment or circumstances that may affect the assignment.
    2. “Resume Fact Checking” is an offering on all full process projects. If the client chooses not to proceed with resume fact checking Harrison McMillan will not be held liable for any misrepresentation in the candidates’ resume.
    3. Should there be a change of direction or new concept that differs from the initial brief, or new requirements requested, additional fees will be payable according to time/materials involved. Harrison McMillan will notify you immediately of this and additional estimate/s will be provided for approval before any additional work will commence.
    4. For the duration of our engagement, and for 12 months after its termination or completion, you will not offer employment, or procure a third party to offer employment to any employee of Harrison McMillan who has taken part in the performance of the Services, without our consent.
    5. If you offer employment to a Harrison McMillan employee, based on the consent and approval of Harrison McMillan, and if the employee accepts the offer, then you will be required to pay a recruitment fee to us. The recruitment fee will be calculated at 30% of the relevant employee’s gross annual salary package.
    6. The client accepts full responsibility for candidate selection.