Terms & Conditions of Use for Members of PLUS40

IMPORTANT: PLEASE READ

The following are the terms and conditions which govern the use of the PLUS40 website by members of PLUS40.  Please read them carefully.  The use of the PLUS40 website is offered to you on the condition that you accept all of the terms and conditions without modification.  PLUS40 reserves the right to change these terms and conditions from time to time.

By clicking on to the "Accept Terms and Conditions" box when you become a member of PLUS40, you acknowledge and agree that in consideration of PLUS40 offering to allow you to be:

• A job seeker member of PLUS40 and to provide such personal details for prospective employment on the PLUS40 website;

• An employer member of PLUS40 offering to allow you to post positions to the site for the consideration of PLUS40 job seeker members;

You have read, accepted, and agree to be legally bound by all of the following Terms and Conditions.

If you do not agree to be bound by any of the terms and conditions, do NOT click on to the “I accept these terms and conditions” box.  In that event, however, you will not be permitted or be able to:

• provide your personal details for prospective employment on the PLUS40 website;
• post your positions for consideration by PLUS40 Job Seeker members.

Your Responsibilities as a Member of PLUS40

Content

1.         You will ensure that all of the material you provide to PLUS40 does not contain any of the following:

1.1        any misleading, deceptive or fraudulent statements or offers;

1.2        any indecent, obscene, threatening or defamatory material or material disclosing confidential information;

1.3        any personal information without the relevant person or persons consenting to their personal information being disclosed.

Copyright

2.         You will ensure that all material you provide to PLUS40 will not, if published, infringe the copyright or other intellectual property or contractual rights of any other person or corporation, or defame anyone, or constitute a breach of any statutory or common law obligation owed to any other party.

Indemnities

3.         You indemnify and will keep indemnified PLUS40 its related companies, directors, employees and agents from all liability (including, but not limited to, liability for matters of the kind described in clauses 1 and 2 above) arising from or as a consequence of the publication of your material on the PLUS40 website.

4.         You indemnify and will keep indemnified PLUS40 its related companies, directors, employees and agents in respect of all liability arising from or as a consequence of any errors or typographical mistakes which appear in the advertisement (regardless of who is responsible for the error).

Password and Security

5.         You will be issued with your own User ID and Password, and can change your own Password to access services on the PLUS40 website after that has been offered to you by PLUS40 and you have accepted that offer.  You may not access such services without first entering your PIN each time.

5.1        You are entirely responsible for maintaining the confidentiality of your PIN.

5.2        You are entirely responsible for any and all activities that occur under your PIN.

5.3        You agree to notify PLUS40 immediately of any unauthorised use of your PIN or any other breach of security as soon as you become aware of it.

5.4        You may change your PIN whenever you wish.

Exclusion of Responsibility

6.1        PLUS40 warrants that it will take reasonable steps to keep the website secure from hacking and other unauthorised intrusions.  However you agree not to initiate or prosecute proceedings of any kind or take any other action against PLUS40 in respect of any loss or damage arising from persons hacking into the website or obtaining unauthorised access to your PIN or information that is intended by you to be accessible only via your PIN.

6.2        PLUS40 Pty Ltd publishes these web pages and links to web pages in good faith, believing that their contents are true and accurate, that they do not infringe copyright, and are not offensive. Links provided to other internet sites are provided for the user's convenience and do not constitute endorsement of the information at those sites. PLUS40 Pty Ltd accepts no responsibility for material contained in any site linked to this site.

Access

7.         PLUS40 does not and cannot guarantee continued, uninterrupted access to its services and to the website.  Whilst PLUS40 will endeavour to ensure availability of access to its site at all times this site and the services may be interrupted by factors outside its control.  You agree not to initiate or prosecute proceedings of any kind or take any other action against PLUS40 in respect of:

7.1        Any interruption to access to the website by you or any other party; and

7.2        Any harm that may be caused by the transmission through use of the website of any virus, worm, time-bomb, logic-bomb or other such computer program.

Limitation of Liability

8.1        PLUS40 or any of its officers, employees, agents or related bodies corporate will not be liable to you for any loss of profit or for any direct or indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred or arising out of or otherwise in connection with your use of the PLUS40 website or its services (including as a result of any negligent acts or omissions).

8.2        PLUS40 or any of its officers, employees, agents or related bodies corporate will not be liable to you for any loss of profit or for any direct or indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred or arising out of or otherwise in connection with your introduction to any PLUS40 candidate or your employment of a PLUS40 candidate (including as a result of any negligent acts or omissions).

8.3        Without limiting the operation of clause 8.1, PLUS40 does not warrant or guarantee that it will secure any employment for you as an Employee Member, or secure employees for you as an Employer Member and will not be liable for any loss or damage as a result of you being unable to secure any employment or employees by virtue of being a member of PLUS40.

8.4        PLUS40 will not be liable to you for any loss or damage arising from any loss or damage which occurs throughout the duration of or is ancillary to any employment that is obtained by virtue of being a member of PLUS40.

Privacy Policy & Personal Information

9.1        You agree to and accept the terms of the Privacy Policy of PLUS40 which may be accessed on the PLUS40 website.

9.2        As part of your membership access to the PLUS40 website, you will have access to confidential personal information.  This information has been gathered to be reviewed only by the person responsible for recruitment, and should always be used in a professional manner.  PLUS40 has a strict code of ethics regarding the publishing of material such as this, and member confidentiality must be maintained at all times.

Our Right to Edit or Refuse Material Provided By a Member

10.        PLUS40 reserves the right at its sole discretion to edit, condense or refuse any material provided by a member.  PLUS40 will also refuse to publish any material provided by a member that is deemed (at its discretion) to be inappropriate for publication.

Payments

Job Seeker Member - Membership

11.1      Job Seeker / Employee membership is free.

11.2      Access to the Personal Career Development Profile is available to PLUS40 Members for $99.00 including GST which provides one single access to the Online Assessment.

11.3      PLUS40 Members will be provided with a User ID and Password to access the Personal Career Development Profile following confirmation of payment.

11.4      Membership to PLUS40 does not require an annual renewal fee.

11.5      E-mail communications - by accepting these terms and conditions you agree to receiving e-mail communications from PLUS40 from time to time, including newletters and personal contact relating to jobs opportunities.  Our Job Seeker Newsletters always have the "Unsubscribe" option included, should you choose not to receive these at any stage.

Employer Member - Membership

11.6      Employer membership is free.

11.7      E-mail communications - by accepting these terms and conditions you agree to receiving e-mail communications from PLUS40 from time to time, including newletters and personal contact relating to prospective candidates.  Our Employer Newsletters always have the "Unsubscribe" option included, should you choose not to receive these at any stage.

Positions Published to the PLUS40 website

11.8      All positions posted to the PLUS40 website as part of our recruitment service are free of charge.  Positions posted for advertising only will be charged at $99.00 inc. GST for the first 30 days and $49.00 inc. GST for subsequent 30 day periods.

11.9      All positions are posted for a period of four weeks, at which time they expire automatically.

Placement Fees

11.10      Where an Employer Member searches the PLUS40 website themselves or PLUS40 staff assist in identifying a suitable candidate after you place a job advertisement on the PLUS40 website, the fee charged for placement is 10% (plus GST) of the employee’s base salary for the first year, including superannuation (currently at 9%)..

11.11      Placement is defined as offer of employment to a PLUS40 candidate and subsequent acceptance of the offered position by the candidate, irrespective of any trial period.  Under our terms the offer of a trial period is considered Offer and Acceptance.

11.12    An invoice will be issued immediately following offer and acceptance.

11.13    Where the Employer Member elects to employ a PLUS40 member within 6 months of being introduced by PLUS40, the appropriate placement fee is due and payable.

11.14    Where an Employer Member utilises the PLUS40 Full Recruitment Service, a fee of 13% (plus GST) is charged for the first year's total remuneration package.  Please note that package includes base salary, car or car allowance, commissions, bonus, stock options, health insurance and superannuation (currently at 9%)

11.15    Where the Employer Member elects to employ more than one person per position posted, the fee is payable per employee hired, not per position posted.

11.16    Where the candidate is employed on a part-time, casual, contract, freelance or other basis, an agreed percentage of the above is charged to the Employer Member.

11.17     PLUS40 does not offer any replacement guarantees at our standard 10% and 13% rates.  We will provide a three (3)-month Replacement Guarantee for an additional 3% charge on either placement fee, agreed at the commencement of the assignment.  This entitles the employer to ONE (1) replacement candidate, should the initial candidate leave the role within three months of commencement date.

11.18    PLUS40 does not offer credit notes of any kind.

11.19    PLUS40 does not refund any fees charged for any reason.

11.20    Costs for membership, advertising and recruitment may be changed at anytime without notice.

Consulting Projects – Fees

11.21    Fees for consulting projects will be negotiated based on an agreed Scope of Works prior to commencement.

11.22    A payment of 50% is required at commencement of the project, with the balance due and payable upon agreed completion milestones.  Any reports or documents to be presented as part of a project completion will only be supplied upon receipt of the final payment.

11.23    Any variation to the scope of a project occurring during the conduct of a consulting project, will be negotiated and agreed prior to the variation of scope being implemented.  Such variation of scope may incur a variation of fees.  This fee variation will be included as part of the negotiation and agreement of the variation of scope.

Payment Terms

12.1      The Employer agrees to pay fees for Placement as specified under Placement Fees in these Terms and Conditions and acknowledges that they have read and understood same.

12.2      The Employer agrees that terms of trading with PLUS40 are strictly 14 days net and that an account exceeding this term may be treated as an unpaid debt and therefore subject to recovery fees, charges and disbursements.

12.3      Where an Employer’s account remains unpaid for a period of one calendar month from the date of invoice, PLUS40 reserves its right to charge a late payment administration fee (which is currently set at 5% per annum + GST of the outstanding amount) applied daily to the outstanding balance (exclusive of GST) for each calendar month or part thereof that the balance is outstanding.

12.4      If recovery action against the Employer is necessary to recover the amount of any unpaid invoice, the Employer will also be liable for the applicable payment collection fee and this additional amount will be added to the total owed by the Employer.

12.5      PLUS40 have appointed National Recoveries and Investigations Pty Ltd as their Debt Collection agents.   NRI will handle all accounts once accounts reach 60 days.

Modification of Terms and Conditions

13.        PLUS40 reserves the right to change these Terms and Conditions at any time.  Your continued use of the website after such changes have been posted on it will constitute your consent and agreement to such changes.

Governing Law and Forum

14.        These Terms and Conditions are governed by and must be construed in accordance with the laws of New South Wales.  You agree to submit to the jurisdiction of the courts of New South Wales.