BETWEEN    ThinkRed Recruitment                              Pty Ltd  of  (ThinkRed)

 

AND                                                                                                 of  (Candidate)

 

RECITALS

1. ThinkRed Recruitment Pty Ltd conducts the business known as ThinkRed Recruitment.

2. The Candidate have agreed to use the services of ThinkRed Recruitment and ThinkRed has agreed to provide those services on the terms and conditions set out in this agreement.

 

OPERATIVE PART

1.           Definitions

This agreement is governed by the law of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts of that state.

Candidate means each person searching ThinkRed as a potential employee, and/or applying for a position as a result of an advertisement or whose has provided their name and/or resume as a potential employee.

Client means the Business utilising services of ThinkRed pursuant to terms of this agreement.

 

1. Interpretation

In the interpretation of this agreement:

1. References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

3. Grammatical forms of defined words or phrases have corresponding meanings;

4. Parties must perform their obligations on the dates and times fixed by reference to the capital city of Queensland;

5. Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

6. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

7. References to a party are intended to bind their executors, administrators and permitted transferees; and

8. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

 

1. Candidates

 

1. The Candidate acknowledges that all advertisements and their contents appearing on ThinkRed are the responsibility of the relevant advertiser.

2. It is the Candidate’s responsibility to satisfy themselves that the advertisement is genuine and that the details provided to the advertiser are appropriate to the role advertised.

3. The Candidate must take reasonable care in protecting against unauthorised use of log-on details. To the extent permitted under the law, ThinkRed Recruitment is not responsible for any unauthorised access to the Candidate’s stored information.

4. The Candidate warrants that in responding to any advertisement or making inquiries of an advertiser he or she does so as a genuine potential candidate in his or her own person, non-commercial capacity.

5. The Candidate indemnifies ThinkRed Recruitment from any claim, loss or liability arising directly or indirectly from any personal details submitted to an advertiser.

6. ThinkRed Recruitment reserves the right to disable the Candidate’s log-on if he or she is in breach of this Agreement.

7. ThinkRed does not provide any advice, representation, endorsement, recommendation or opinion in connection with advertised positions.

1. Website

1. Copyright

All content appearing on ThinkRed is the copyright ThinkRed Recruitment and is protected by the Copyright Act 1968 (Cth).

The ThinkRed Recruitment logo device is a trademark of ThinkRed Recruitment and must not be reproduced without permission.

1. Submission of Advertising

In providing ThinkRed Recruitment with advertising the Candidate acknowledge that it is online service to facilitate the placement of Candidates in available positions. 

1. Representations

To the full extent permitted by law, the content appearing on ThinkRed Recruitment and the services is provided “as is” and without warranties of any kind, whether express or implied.

ThinkRed Recruitment does not provide any advice, representation, endorsement, recommendation or opinion in connection with advertised positions.

1. Job Boards

The Candidate warrants that in accessing or visiting the Job Boards or any user account the Candidate will not introduce any virus or other malicious harmful or destructive code.

1. Usage

The Candidate  is not permitted to link any website to ThinkRed Recruitment prior to receiving written permission.

Any advertising appearing on the ThinkRed Recruitment does not imply an endorsement or recommendation of the advertiser or their products or services.

1. Privacy

ThinkRed collects personal information. The collection and use of personal information including cookies is set out in the Privacy policy, which forms part of this Agreement.

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1.  Indemnity

To the full extent permitted by law but subject always to clause 5.2, ThinkRed limits its liability for breach of any term of this agreement is limited, to:

(a)              refunding the price of the goods or services in respect of which the breach occurred; or

(b)              providing, replacing or repairing those goods or providing those services again.

5.2  Each party excludes liability for Consequential Loss suffered by the other party arising out of one or more breaches by the other party of this agreement.

For the purposes of clause 9.2, the excluded losses are loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but not limited to:

1. loss of profits;

2. loss of revenue;

3. loss of production;

4. loss or denial of opportunity

5. loss of access to markets;

6. loss of goodwill;

7. loss of business  reputation, future reputation or publicity;

8. damage to credit rating;

9. loss of use;

10. remote, abnormal or unforeseeable loss;

11. loss of data (electronic or otherwise);

12. any other indirect or consequential loss; and

13. any similar loss whether or not in the reasonable contemplation of the parties at the time of execution of this agreement.

 

5.3 ThinkRed does not take responsibility for any of the following:

1. any interruption to or inability to access any Job Board;

2. any inability to log-on or access the online account;

3. any delay or failure in an Advertisement being posted, archived, restored from archive, or taken down or any change to the details or content of such Advertisement being made;

4. any matter, circumstance or thing beyond ThinkRed control.

 

1. ThinkRed will take reasonable steps to confirm the qualifications, experience, ability and identify of the personnel they source. ThinkRed makes no representation as to the actual skill level or competence of the Candidate.

2. The client covenants and agrees that it will not impede or in any other manner involve ThinkRed in any litigation arising out of or in connections with the action or judgments of personnel provided by ThinkRed.

 

1. Dispute resolution

1. General

If a dispute arises out of or relates to this agreement, including any dispute as to breach or termination of the agreement or as to any claim in tort, in equity or pursuant to any statute, neither party may commence any court or arbitration proceedings relating to the dispute unless they have complied with this clause except where they seek urgent interlocutory relief.

1. Notice specifying the nature of the dispute

   1. The party to this agreement claiming that a dispute has arisen under or in relation to this agreement must give written notice to the other party to this agreement specifying the nature of the dispute.

   2. On receipt of the notice referred to in this clause by that party, both parties must endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, determination or similar techniques agreed by them.

2. Mediation

   1. If the contractor and the principal do not agree within 7 days of receipt of the notice, or such further period as agreed in writing by them, as to:

      1. The dispute resolution technique and procedures to be adopted;

      2. The timetable for all steps in those procedures; and

      3. The selection and compensation of the independent person required for such technique,

   2. then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the State of Queensland.

   3. The president of this professional association or the president's nominee will select the mediator and determine the mediator's remuneration.

3. Proceedings

If the mediation referred to above is not completed within four weeks of reference to a mediator then either party may commence any court or arbitration proceedings relating to the dispute as they see fit.

1. Associated costs

The costs of the mediation will be borne equally by the parties.

 

1. Relationship of the parties

The parties acknowledge that this agreement is intended as an agreement for the provision of services of no other relationship, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.

 

 

Candidate Full Name: _________________________________________________
 

Email address: _______________________________________________________

 

Mobile number: _______________________________________________________

 

Candidate signature: __________________________________________________