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+61 418 750 852

Linton Howard Executive

Ensuring the right person, in the right role, in the right structure.

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Traditional Model POWER Model

T&Cs – Traditional Model

Any pricing indicated in this document is subject to review 30th June 2018.

The following Terms and Conditions shall apply between Linton Howard Pty Ltd (ABN 30814067661) T/As Linton Howard Executive (“We/Us”) and you (“The Client”) in respect of the engagement of any Candidate introduced to the Client by Linton Howard Executive.

Definition of ‘Introduction’

An introduction includes a personal or verbal introduction of a Candidate to a Client or the Client’s acceptance of a Candidates CV or summary from us.

1. Application and Acceptance

1.1 These terms and conditions apply to all transactions carried on between us and the Client, in respect of Candidates employed on a permanent basis, unless the Client is advised in writing by a Director of the Company of any additions, alterations and substitutions.

1.2 Written or oral instructions by the Client to us to supply Candidates will be deemed as the Client’s acceptance of the Terms and Conditions regardless of whether the Client signs these Terms and Conditions.

1.3 These Terms and Conditions are also deemed to be accepted by a person who employs a Candidate introduced by us, and the said person shall be considered as the Client of ours for the purpose of these Terms and Conditions.

2. Privacy and Confidentiality

2.1 CVs of Candidates forwarded to the Client are for the purpose of placements. Once the recruitment process has been finalised, it is the Client’s responsibility to ensure all Candidate’s CVs are securely destroyed. If the Client is assessing the CVs for any future position that might become available, the Client may retain the CVs for this purpose only.

2.2 Any candidate information, including CVs and resumes are provided on a strictly confidential basis and in accordance with Privacy Legislation. This information may not be disclosed to a third party without prior consent by us. Acceptance of this information constitutes agreement to comply with privacy laws and to use this information only to the extent necessary to determine suitability of the candidate for employment or the provision of services.

2.3 In keeping with the relevant Privacy Legislation, past and/or present employers of the candidate may not be contacted without the express permission of the candidate or us.

2.4 Any contact with introduced candidates is to be made through us unless otherwise agreed.

3. Electronic mail

3.1 Where we:

(a) wish to communicate with you; or

(b) are required (for example, under any law), to provide you with information or a document in writing, you consent to our doing so in electronic form (including by electronic mail to the address that you give us). Where we send you any document in electronic form which is required to be signed on our behalf, you consent to our using any form of electronic signature that we consider appropriate.

3.2 You acknowledge that electronic mail transmission may be insecure and consent to our including information relating to you and details of the services in any electronic mail message to you.

3.4 If we transmit any document to you electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus).

4. Fees

4.1 General Assignments

Our consultancy fees for the introduction of a Candidate for a permanent position are expressed as a percentage of the first year’s commencing total remuneration package, according to the following scale:

Standard Executive Recruitment Services: 18% + GST

Other Services: By negotiation

The total remuneration package generally includes (but is not limited to) salary, estimated bonuses, allowances, superannuation, provision of a motor vehicle, and any non-cash benefits.

4.2 GST

The Fee is exclusive of GST, unless it is clear there is a contrary intention. “Input Tax Credit” and “Supply” have the same meaning as under A New Tax System (Goods and Services Tax) Act 1999.

4.3 Motor Vehicles

The provision of a motor vehicle to the Candidate shall be valued at $15,000 or at the actual cost to the Client, whichever is greater.

4.3 Retained Assignment

For an assignment that is agreed to be a Retained Assignment, the fee shall be payable in three equal instalments as follows:

Engagement Fee – payable upon confirmation of the assignment and the search and may include any initial advertising budget or associated costs.

Short-list Fee – payable on presentation of a candidate short-list to the Client and may include psychological profiling costs.

Appointment Fee – payable on the acceptance by the Candidate of an offer of employment made by the Client and may include psychological profiling costs.

The fee for service is pre-determined at the start of an assignment and is based on a Total Remuneration Package as agreed between us and the Client.

Commencement, Short-list and Appointment Fees are non-refundable.

The Guarantee period of 3 months applies in accordance with the conditions spelled out in clause 8.1.

4.4 Contingent Assignments

For contingent assignments, fees are due in a single instalment payable upon the acceptance by the Candidate of an offer of employment made by the Client.

The fees are non-refundable.

The Guarantee period of 3 months applies in accordance with the conditions spelled out in clause 8.1.

4.5 Administration Fee

A 10% Administrative Fee will apply to all reasonable and / or prior agreed costs incurred by us in the course of performing work under these Terms and Conditions, where the Client was capable of incurring such expenses themselves. These expenses may include but are not limited to travel expenses (airfares, accommodation, car hire) and other interview related costs. The client will be directly invoiced at cost plus 10%, payable immediately by the Client upon issue.

We will not organise or incur any expenses without a Client’s prior approval.

5. Payments

5.1 The Client will pay all fees and charges in accordance with the terms of payments shown on our invoice. Where fees are paid outside our terms, the Client will forfeit any claim under Clause 8.1 of these Terms and Conditions. In the event of non-payment, we reserve the right to charge interest at a flat rate of 1.5% per month on the unpaid invoices from the due date to the receipt of payment.

The Client will indemnify us with respect to any and all costs incurred by us, legal or otherwise incurred with respect to enforcement of the Terms of this agreement.

5.2 All fees and charges will be invoiced in Australian dollars and are to be paid in Australian dollars. All costs associated with exchange rate fluctuations are the responsibility of the Client.

5.3 The Goods and Services Tax (GST) will be applied at a rate of 10% on the full fee charged by us. The Goods and Services Tax is applicable only to services provided in Australia.

6. Subsequent Employment

6.1 In the event that the Candidate is not employed by the Client in the position with respect to which they were introduced, but is employed by the Client within 12 months from the date of the sending of the resume, in any other position, whether temporary or permanent, part-time or full-time, or the same position offered again within the said 12 months, then upon the occurrence of the said employment the Client is liable to pay us the same fee that the Client would have been liable to pay us had the Candidate been employed by the Client in the position for which the Candidate was originally introduced by us. No Guarantee (as per Clause 8.1) is applicable in this case.

6.2 In the event that the Candidate is not employed by the Client in the position with respect to which they were introduced, but the Candidate is introduced by the Client to a third party and the Candidate is employed by that third party within 12 months from the date of the sending of the resume in any position, whether temporary or permanent, part-time or full-time, then upon the occurrence of the said employment the Client is liable to pay to us the same fee that the Client would have been liable to pay to us had the Candidate been employed by the Client in the position for which the Candidate was originally introduced by us. No Guarantee (as per Clause 8.1) is applicable in this case.

7. Additional Placements

7.1 Should the Client offer employment to more than one candidate presented to the Client by us for the same role and this was not part of the original assignment specification, the fee applicable to any additional placements will be as follows:

Contingent Roles – 100% of the original placement fee

Retained Roles – 75% of the original placement fee.

8. Guarantee

8.1 We will use our best endeavours to replace a Candidate who leaves the Client within 3 months of commencing employment. The replacement must be for the position vacated. Only one replacement will be made per full fee paying assignment. If a replacement Candidate is offered a higher salary package, then the fee will be adjusted accordingly.

The guarantee will not apply in the following instances:

Employment is terminated as a result of redundancy, company restructuring change of job description after commencement of employment, illness or pregnancy

The Client has not made proper visa arrangement for the Candidate

The Client has not paid the agreed fees within 14 days of the commencement of employment

The Client has not paid each retained fee within 14 days from the date of each invoice (where applicable)

Where the Client has not notified us within seven (7) days in writing of the termination of a Candidate

9. Indemnity and Reference Checks

9.1 Reference checking is carried out as far as it is practical to do so. We make every effort to ensure that the suitability and reliability of Candidates remains at a high standard. We cannot accept any responsibility for any claim, error, loss, expense, damage or delay arising from any failure of staff however occasioned by submitted or successful Candidates or from any lack of skill, negligence,

9.2 We will accept academic qualifications offered by its Candidates and will only seek confirmation of them at source if we suspect they are not genuine;

We will conduct up to three reference checks on any Candidate (unless otherwise requested by the Client) and will make the results of the checks available to the Client;

We will not conduct a police probity check or criminal records search in relation to any Candidate unless requested in writing and paid for by the Client;

We will not arrange for the any medical checks to be undertaken on any Candidate unless requested in writing and paid for by the Client; and

We will not conduct any tests of any Candidate’s skills or proficiency unless agreed in writing and paid for by the Client.

10. Liability and Disclaimer

11.1 To the extent permitted by law, we make no warranty as to the suitability or conduct of any Candidate introduced to the Client (except to the extent of Linton Howard’s Fee Guarantee referred to above). To the extent permitted by law, we limit our liability to supplying the service again and will not be liable for any indirect, consequential or special loss or damage. Our total liability under this contract is limited to the total amount of the fees paid to us by the Client under this Agreement.

13. The Client will indemnify Linton Howard from and against any direct or indirect loss suffered by anyone arising from any: failure of Linton Howard Executive to provide a suitable Candidate, or from any lack of skill, negligence, dishonestly or misconduct of any Candidate, or any injury (including death) of any person, including the Candidate. This clause survives termination for the benefit of Linton Howard.

For Further Information

 

If you require any further information or clarification of these terms and conditions, please contact Gary Linton, Managing Director via 0418 750 852 or gl@lintonhoward.com

T&Cs – POWER Model

These Service Agreement (Agreement) contains the Agreement and conditions upon which LINTON HOWARD PTY LTD (ABN 30814067661) makes the Services available to the Client (“you”, “your”).

By providing written or oral instructions or by otherwise providing assent to the Agreement to LintonHoward the Client will be deemed to have accepted, and agreed to be bound by the Agreement as set out below. 

Defined words for this Agreement are set out in Schedule 1.

  • APPOINTMENT
    • You hereby Appoint LintonHoward to provide the Services in accordance with the Scope.
    • LintonHoward hereby accepts the Appointment in accordance with this Agreement.
  • SUPPLY OF SERVICES
    • The parties acknowledge and agree that:
      • the Scope has been agreed between the parties; and
      • any changes to the Scope must be confirmed in writing by both parties and will adjust the Price for the provision of the Services.
    • As the client makes the decision as to which Candidate to hire, there is no guarantee offered for positions if the role is not filled or the successful Candidate does not work out for whatever reason.
  • PRICE & PAYMENT
      1. The Scope states either or both of the Price payable under this Agreement and how the Price is be calculated. 
      2. The parties agree that if a Price is not defined in the Scope than the Price:
        1.  will be $300 per hour, billable in 10 minute blocks at $50 per block; and
        2. A 10% Administrative Fee which will apply to all reasonable and / or prior agreed costs incurred by LintonHoward in the course of performing work under these Terms and Conditions, where the Client was capable of incurring such expenses themselves. These expenses may include but are not limited to travel expenses (airfares, accommodation, car hire) and other interview related costs. The client will be directly invoiced at cost plus 10%, payable immediately by the Client upon issue. 
      3. LintonHoward will issue an Invoice to the Client fortnightly from the Start Date for those Services provided during the Appointment. 
      4. The Client agrees to promptly, within fourteen (14) business days pay any Invoice rendered by LintonHoward during the Appointment into the bank account nominated on the Invoice. 
      5. The parties agree that, unless otherwise stated, all amounts payable under this Agreement by the Client are referred to on a GST exclusive basis. GST will be applied at a rate of 10% on the full fee charged by us. GST is applicable only to Services provided in Australia.
    2. Electronic mail 
      1. Where we:
        1. wish to communicate with you; or 
        2. are required (for example, under any law), to provide the Client with information or a document in writing, the Client consent to our doing so in electronic form (including by electronic mail to the address that the Client give us). Where LintonHoward send the Client any document in electronic form which is required to be signed on our behalf, the Client consent to our using any form of electronic signature that LintonHoward consider appropriate. 
      2. You acknowledge that electronic mail transmission may be insecure and consent to our including information relating to the Client and details of the eservices in any electronic mail message to you.
      3. If LintonHoward transmit any document to the Client electronically, the Client agree to release LintonHoward from any claim the Client may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus). 
  • INTELLECTUAL PROPERTY
      1. The Client acknowledges all third party IP Rights provided by LintonHoward to the client are provided as a non-exclusive licence and in confidence on behalf of Candidates. 
      2. The parties agree to, during the Appointment, provide a non-exclusive licence to each other those respective IP Rights for LintonHoward to offer the services as set out in the scope. 
  • WARRANTY
    1. Subject to Clause 6.2 and to the extent permitted by the Australian Consumer Law 2010 (Cth) (“the Act”) (and relevant state legislation):-
      1. LintonHoward’s sole obligations under this Agreement are as set out in the Scope; and
      2. in no event will LintonHoward be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Services  provided to the Client under this Agreement, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
    2. If the Services  provided to the Client by LintonHoward in accordance with this Agreement is supplied to the Client as a ‘consumer’ of goods or services within the meaning of that expression in the Act (or similar state legislation), then:
      1. the Client will have the benefit of certain non-excludable rights and remedies in respect of the Services or such goods or services; and 
      2. nothing in this Agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Act (or similar legislation) is so conferred;

provided that if the Services  provided by LintonHoward to the Client in accordance with this Agreement are goods or services not ordinarily acquired for personal, domestic or household use or consumption pursuant to section 68A of the Act (and similar provisions of relevant state legislation), LintonHoward limits their liability to:

  1. the supplying of the Services again; or 
  2. the payment of the cost of having the Services supplied again.
  1. Subject to Clause 6.2, LintonHoward:
    1. will not be liable for default or failure in performance their obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond our reasonable control.
    2. will not be held responsible for any Liabilities caused by, or suffered by the Client in relation to, an error or defect in the Services or errors or faults caused by any person.
  • INDEMNITY
      1. You agree to at all times promptly indemnify, save and hold LintonHoward (and LintonHoward’s related bodies corporate) harmless from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
        1. your breach of any warranty or obligation under this Agreement;
        2. any act of negligence committed by the Client or on your behalf in performing or omitting to perform any obligations under this Agreement;
        3. any loss suffered by a third party in connection with any of your acts or omissions, and those of your employees or agents (if any);
        4. any claim by a third party against LintonHoward (or LintonHoward’s related bodies corporate) arising out of or in connection with your entry into this Agreement with us.
      2. The parties agree that if reference checking is carried out by request of the Client, LintonHoward:
        1. will, as far as it is practical to do so LintonHoward make every effort to ensure that the suitability and reliability of Candidates remains at a high standard; 
        2. cannot accept any responsibility for any claim, error, loss, expense, damage or delay arising from any failure of staff however occasioned by submitted or successful Candidates or from any lack of skill, negligence, 
        3. will accept academic qualifications offered by its Candidates and will only seek confirmation of them at source if LintonHoward suspect they are not genuine; 
        4. conduct a police probity check or criminal records search in relation to any Candidate if requested in writing and paid for by the Client;
        5. will not arrange for the any medical checks to be undertaken on any Candidate unless requested in writing and paid for by the Client; and 
        6. will not conduct any tests of any Candidate’s skills or proficiency unless agreed in writing and paid for by the Client. 
  • CONFIDENTIAL INFORMATION AND PRIVACY
      1. Each party:
        1. may use Confidential Information of the other party solely for the purposes of this Agreement;
        2. except as permitted under subclause 8.1.3, must keep confidential all Confidential Information of the other party; and
        3. may disclose Confidential Information of the other party only to persons who are aware and agree that the Confidential Information of the other party must be kept confidential; and either have a need to know (and only to the extent that each has a need to know), or have been specifically approved by the other party; or as required by law or stock exchange regulation.
      2. Even though information is the Confidential Information of a party, the other party does not have to comply with clause 8.1 in relation to that Confidential Information if the Confidential Information becomes public knowledge during this Agreement; or the other party became aware of that Confidential Information from a third person, in circumstances where there was no breach of any obligation of confidence.
      3. Each party must comply with the reasonable directions of the other party in relation to the handling of any Personal Information; and the Privacy Act 1988 (Cth).
      4. The Client agrees that:
        1. CVs of Candidates forwarded to the Client are for the purpose of placements. Once the recruitment process has been finalised, it is the Client’s responsibility to ensure all Candidate’s CVs are securely destroyed. If the Client is assessing the CVs for any future position that might become available, the Client may retain the CVs for this purpose only.
        2. any Candidate information, including CVs and resumes are provided on a strictly confidential basis and in accordance with Privacy Legislation. This information may not be disclosed to a third party without prior consent by us. Acceptance of this information constitutes agreement to comply with privacy laws and to use this information only to the extent necessary to determine suitability of the Candidate for employment or the provision of services.
        3. past and/or present employers of the Candidate may not be contacted without the express permission of the Candidate or us.
        4. any contact with introduced Candidates is to be made through LintonHoward unless otherwise agreed.
    2. DISPUTES
      1. Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has first complied with this clause.
      2. A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.
      3. If a Dispute is not resolved within a 20 day working period (or if the parties agree a longer period, that longer period), of a Dispute being notified under clause 9.2, the Dispute must be referred:
        1. for mediation, in accordance with the Australian National Mediation Standards; and
        2. to a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current President of the Queensland Law Society (or the President’s nominee).
  • TERMINATION 
      1. The Appointment terminates if:
        1. LintonHoward completes supplying the Services in accordance with this Agreement (the Client will notify LintonHoward in writing when this happens);
        2. the Client gives at least 5 days notice to LintonHoward of a date that it wants the Appointment to terminate; or
        3. a party terminates the Appointment in accordance with clause 10.2 
      2. A party may terminate this Appointment with immediate effect by giving notice to the other party if that other party breaches any term of this Agreement and such breach is not capable of remedy; or fails to remedy such breach within 30 days after receiving notice requiring it to do so; or becomes subject to an Insolvency Event.
      3. As soon as possible after termination or expiry of this Appointment:
        1. each party (“first party”) must return to the other party (or at the other party’s direction, destroy) all Confidential Information of that other party in material form (including without limitation, those parts of all notes or records of the first party containing Confidential Information of the other party) in the first party’s possession or control;
        2. LintonHoward must return to the Client (or at the Client’s direction, destroy) all Client Material in LintonHoward’s possession or control; and
        3. the Client must pay any current Invoices and any final Invoices. 
  • General
    1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under this Agreement. 
    2. If a provision of this Agreement are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    4. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.
    5. Relationship. LintonHoward acknowledges that LintonHoward will supply the Services as an independent contractor and that this Agreement does not create a relationship of employer and employee, principal and agent, or partnership between the Client and LintonHoward; 

Schedule 1 – Index

 

Defined Word 

Definition 

Appointment
  1. that appointment of LintonHoward by the Client to provide the Services to the Client in accordance with this Agreement; and “Appoint” will have a corresponding meaning;

Candidate
  1. each of those third party persons identified as part of the Services;  

Confidential Information
  1. all information (including without limitation, trade secrets and confidential know-how) which is identified as confidential (orally or in writing) or which may reasonably be considered to be confidential, relating to that party from time to time of which the other party becomes aware, both before and after the day this Agreement is executed;

Dispute
  1. a dispute arising out of or relating to this Agreement, including without limitation, a dispute about the breach, termination, validity, or subject matter of this Agreement, or a claim in equity or in tort relating to the performance or non-performance of this Agreement.

GST
  1. the goods and services tax imposed under the A New Tax System (Goods and Services) Tax Act 1999 (Cth) and any associated legislation and regulations in so far as they relate to GST;

IP Rights
  1. all intellectual property rights, including without limitation patents, copyright, rights in circuit layouts, registered designs, trade marks the right to have Confidential Information kept confidential and any application or right to apply for registration of any of those rights;

Personal Information
  1. information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or who can be reasonably ascertained, from the information or opinion;

Price
  1. the amount the Client is required to pay under this Agreement as set out in the Scope;

Services
  1. all services LintonHoward is required to supply under the Appointment as specified in the Scope and all deliverables and other things  to be supplied by LintonHoward in the course of supplying the services set out in the Scope;

Scope
  1. the document forming part of this Agreement describing the services LintonHoward will supply to the Client, and other relevant details about those services;