Terms Of Business

These Terms and Conditions of Business are deemed to be the basis of our agreement to supply Permanent and Temporary staff to you, as the Client. Any variations requested to this Agreement must be done in writing and signed by both parties.

Definitions

Agreement: a contract between CC MEDICAL and the client. Acceptance of this agreement upon receipt is understood as binding, if a request for a referral, introduction or appointment is made, or information has been passed to a third party about the candidate, even if Terms have not been signed.

Appointment: the commencement of work within 12 months of an introduction of a candidate by CC MEDICAL, even if the client initially rejects the candidate, or the candidate refuses an offer.

Fee: the amount payable upon the appointment of a candidate, even if the client withdraws the offer, through no fault of the candidate, after the candidate has accepted.

Salary: the gross renumeration including salary, super, fringe benefits, bonuses and allowances, before tax.

Service

We will endeavor always to select candidates suitable to our clients needs and to provide accurate and comprehensive details on their skills, knowledge, attributes and experience in relation to the assignment or position specifications discussed with our clients. All information regarding candidates is confidential and is not to be disclosed to third parties.

The client agrees to a suspended period of contract in the case of circumstances that prevent either party to fulfil its obligations under this Agreement, (including acts of God, war, industrial disputes, change of law, service failure), until these circumstances are resolved.

CC Medical agrees to, as far as reasonably practicable:

1. Check the identity of the Candidate.
2. Confirm with the Candidate that it possesses the requisite experience, training and qualifications and, if requested by the Client, that the Candidate conforms with the requirements of the appropriate professional body;
3. Confirm that the Candidate is willing to work in the proposed position;
4. Confirm with the Client the contractual basis upon which it shall engage the Candidate, whether it be a contract for services or contract of employment;
5. Confirm with the Client and the Candidate that both are aware of the legal and professional requirements to enable the Candidate to work for the Client and, where requested, provide such information to the Client;
6. Check that it would not be detrimental to the Client for the Candidate to undertake the position;
7. Immediately inform the Client if it receives any information that the Candidate is unsuitable for the role and if the Candidate has already commenced work end the position;

The client agrees:

1. The Introduction of a Candidate by CC Medical shall be deemed acceptance by the Client of these Terms and Conditions.
2. It is the Client's responsibility to interview a Candidate to its complete satisfaction. The Client is solely responsible for ensuring
3. Candidate has the suitable skills, expertise and qualifications to carry out the Engagement. CC Medical will not have any liability in this respect.
4. It is the Client's responsibility to obtain security clearance and check references for a Candidate prior to making an Offer to a Candidate.
5. When salary and other details of the Engagement have been finalised with the Candidate, the Client is responsible for reducing the Offer into writing unless otherwise agreed with CC Medical.
6. If an offer is accepted by a Candidate either orally or in writing and the Candidate later withdraws such acceptance CC Medical will have no liability to the Client
7. You agree to provide appropriate accommodation as specified in our accommodation policy, where applicable and appropriate:

Any disputes must be communicated in writing to info@ccjobs.com.au

Fees:

CC Medical permanent placement fees are for locating, interviewing, screening, testing and pre-selecting candidates and are calculated as a percentage of the commencing gross annual remuneration package, inclusive of allowances i.e. car and superannuation, and becomes payable if a candidate we refer is employed in any capacity by the client OR any associated or affiliated organisation within twelve months of our introduction. Remuneration package comprises base salary, guaranteed or advanced commissions, incentives, superannuation or any other allowances plus car or car allowance. If a vehicle is provided it is assessed at $15,000. In the case of direct employment on a contract or temporary basis the gross annual remuneration will be calculated based on the commencing hourly or daily rate. In the case of a "commission only" basis the gross annual remuneration will be calculated at $50,000. In the case of part time employment, fees will be calculated based on the full time equivalent.

Fees are payable if the candidate is re-introduced to the client within 1 year of the commencement date of the last appointment by the client, or if the initial introduction did not result in a placement but the candidate is employed by the client within a year of introduction.

Minimum processing fee of $3000 plus expenses (third party costs) will apply should the client withdraw from a signed contract before the commencement date.

Should a candidate engaged in a temporary capacity be offered a permanent or contract role, permanent fees will be applicable as per the schedule attached. Should a candidate be offered a perm role, and is subsequently promoted within their first 3 months of employment, a secondary invoice will be issued for the difference in fees payable.

Invoices are rendered on the commencement date of the employee. Fees are confidential between the Client and the CC MEDICAL and shall not be discussed with the Candidate at any time.

In the event of the Client being in default of your obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection, the Client shall be liable for the recovery costs incurred. If the agency charges commission on a contingency basis the Client shall be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply.

Commission = [Original Debt ÷ 100 - Commission % charged by the agency (including GST)] x 100 

In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Client shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.

Offers of Employment

Applicants are introduced to clients on the understanding that the client to their complete satisfaction has assessed any applicant who is made an offer of employment.

The client agrees not to refer a candidate to any other organization within 12 months from the date of introduction, or the original client is liable for full fees as if CC MEDICAL had made that placement.

References Checks

Upon the request from the client CC Medical will carry out reference checks as far as it is practical to do so, unless otherwise instructed in writing. CC Medical Group will make every effort to ensure the suitability of candidates presented. All reference check information is noted verbatim, however the client is responsible for making their own assessment on suitability. The client is responsible for taking up all references as per the candidate’s qualifications, capabilities, integrity, medical history, and suitability to meet the job specification. It’s also the client’s responsibility to obtain work permits for the candidate and to satisfy itself that they comply with the required legislation wherever necessary.

Background Security Checks

Upon client request (and subject to up to a $1000.00 charge), Background Security Checks may be supplied by an independent Private Investigation organisation through CC Medical. Checks include; bankruptcy, criminal offences, immigration status, company directorships, company shareholding, verification of qualifications etc. Otherwise the client is responsible for taking up all references as per the candidates Background Security Checks.

Liability

CC Medical can accept no liability whatsoever on behalf of the clients, its servants or agents for any loss, damage, costs or expenses howsoever caused which the client may suffer, or for which the client may become liable, arising out of or in connection with, or as a result of an introduction to the client or the engagement by the client of a candidate. CC MEDICAL will not be held responsible for any misleading or false information provided by the candidate, or any loss that results from the client taking any actions according to that information.

The client is responsible for the direction, control and all acts, omissions and errors of both temporary staff and permanent employees introduced by us during their placement with you, or employed by you. You are responsible for ensuring all applicable obligations under applicable OHS, equal opportunity and sexual harassment legislation are satisfied in relation to employees and temporary staff introduced by us.

The responsibility for protecting your confidential information and IP lies solely with you and CC MEDICAL is not liable for any claim or loss or damage arising from any use or misuse of your confidential information or IP.

CC MEDICAL is not responsible or liable for the outcome of any informal assistance given in relation to compliance.

Replacement Opportunity

Replacements opportunities are applicable for permanent placements and contracts of 12 months or more. If an applicant is engaged and subsequently resigns or is terminated for unsatisfactory performance within three months of appointment, we will endeavor to provide a suitable replacement. When a replacement is made through CC Medical, the original fee will be credited according to the table below;

• 75% if the candidate leaves within a month
• 50% if the candidate leaves within 2 months
• 20% if the candidate leaves within 3 months

and a new invoice raised based on the gross annual remuneration package of the new appointee. At no stage will CC Medical offer a refund of fees, regardless of the circumstances. The Replacement Opportunity option is valid for three (3) months from the date of commencement of applicant and will only apply provided:

• Payment has been received by CC Medical within 7 days of commencement date.
• The termination is not in any way due to company organisational or structural changes, redundancy, retrenchment, withdrawal of immigration, professional indemnity issues or changing workplace conditions occurring after the appointment.
• CC Medical is notified in writing of the resignation or termination within 7 days, stating the reasons for termination.
• CC Medical is given the first opportunity and a reasonable period in which to make the replacement.
• The candidate is not already provided as a replacement under a placement guarantee.

Terms Of Payment

Our fee is due on appointment of the candidate and to qualify for our Replacement Guarantee must be paid within 7 days of the commencement date. The acceptance of a candidate introduction from CC Medical will constitute full agreement and acceptance of our Terms of Business. Should payment not be made, CC MEDICAL reserves the right to charge additional interest incurred and cease all provision of services to the Client.

Scale Of Fees

Locum Fees

Locum to Perm Fees (Allied Health and Nursing):New Paragraph

Locum to Perm Fees (Medical):

Perm Fees (Medical):

Obligations

You agree:

• to provide us with full and accurate information about the job requirements relevant to the assignment by means of an assignment description;
• not to on-hire or resupply our candidates to any other person or organisation;
• not to allocate tasks or responsibilities to our candidates or require our workers to perform or participate in work, other than in accordance with the relevant assignment description or their qualification;
• not to request our locums to perform or participate in any work or use any equipment with which our locums, or their employees or agents, are unfamiliar or in respect of which they are unqualified or have not received adequate training;
• to supervise, instruct and direct our locums properly at all times whilst they are on assignment to you;
• to comply with your obligations pursuant to relevant legislation, including legislation regarding workplace or occupational health and safety, discrimination and harassment.
• to maintain a safe work environment and safe systems of work;
• to establish safe work practices and to communicate safe work procedures to each of our locums;
• to comply with safety standards;
• to maintain a healthy facility and equipment;
• to provide induction, training and safety consumables where appropriate;
• to notify us immediately of any event that may give rise to a claim under any insurance policy, statutory indemnity or self insurance arrangement that relates to our locums whether such policy, indemnity or arrangement be held or established by you or by us;
• to report to us any performance issues
• to forward to us promptly a written notification of any workplace incident that may give rise to a claim by, against or involving our candidates;
• to abide by all federal and state laws that cast upon you any obligation to do, or refrain from doing, any thing, or to make or pay any payment, deduction, premium, levy, allowance, compensation, damages, interest or costs in respect of or in connection with the engagement of our locums under these conditions of assignment or any work done by them whilst on assignment to you;
• to maintain the confidentiality and privacy of information we provide to you
• to provide appropriate accommodation as specified in our accommodation policy, where applicable

Exemptions/Variations

None

Locum Candidates

The fees payable to CC MEDICAL for providing locum candidates is exclusive of GST. You agree to sign or authorise timesheets provided by CC MEDICAL and you agree that your signature (provided by an authorized member) is conclusive evidence that you are satisfied with the work done by the candidate concerned and that you will pay the relevant fees and expenses in full without dispute or deduction, however, you agree that CC MEDICAL is entitled to charge the relevant fees despite any failure to sign the timesheets, unless notified on the same day of the work completed.

CC MEDICAL will ensure that all statutory costs associated with a temporary staff casual pay is adequately covered, including workers comp, professional indemnity and public liability, as appropriate. You also agree that you will cover the temporary employee by any special insurance cover held by you in relation to specific work (for eg, handling valuables, operating machinery or drive vehicles), as appropriate.

Locum placements will be charged at an hourly rate exclusive of GST and an invoice raised weekly based on the number of hours worked. The minimum chargeable time for any temporary staff is 4 hours.

Acceptance

By signing this Agreement, you agree to be bound by these terms. The Client confirms that the below signatory is authorised to bind the Client into this Agreement

Name of Facility/Service                        _____________________________________

ABN                                                             _____________________________________

Name of Authorised Manager             _____________________________________

Position of Authorised Manager         _____________________________________

Signature of Authorised Manager      _____________________________________

Accounts email and phone                  _____________________________________

Date:                                                           _____________________________________