Terms & Conditions

Effective date: 23 August 2026

These Terms & Conditions ("Terms") apply to recruitment and related services provided by SJS Recruitment ("SJS", "we", "us" or "our") to a client ("Client", "you" or "your").

By engaging SJS Recruitment, requesting recruitment services, interviewing a candidate introduced by SJS, or employing a candidate introduced by SJS, you agree to these Terms.

1. About SJS Recruitment

SJS Recruitment provides recruitment and talent acquisition services.

Our services may include:

  • candidate sourcing;

  • candidate screening;

  • candidate interviews;

  • candidate shortlisting;

  • reference checking;

  • recruitment consulting;

  • candidate introduction;

  • permanent recruitment;

  • temporary or contract recruitment where agreed; and

  • other recruitment services agreed between SJS and the Client.

2. Engagement of SJS Recruitment

The Client may engage SJS Recruitment by:

  • signing a recruitment services agreement;

  • accepting a written fee proposal;

  • instructing SJS to commence recruitment services;

  • requesting or accepting a candidate introduction; or

  • otherwise proceeding with recruitment services following an introduction by SJS.

Unless otherwise agreed in writing, these Terms apply to recruitment services provided by SJS.

3. Candidate Introduction

A "Candidate Introduction" occurs when SJS provides the Client with information that identifies a candidate or enables the Client to identify the candidate.

An introduction may occur by:

  • email;

  • telephone;

  • video meeting;

  • CV or resume;

  • candidate profile;

  • interview arrangement;

  • online recruitment system; or

  • any other communication.

A Candidate Introduction remains attributable to SJS whether or not the Client ultimately receives a CV from SJS.

4. Candidate Ownership

If a Candidate introduced by SJS is employed or engaged by the Client, an associated entity, related company, subsidiary, parent company or another entity connected to the Client within 12 months of the Candidate Introduction, the applicable recruitment fee will be payable to SJS.

This applies whether the Candidate is engaged:

  • in the position for which they were originally introduced;

  • in another position;

  • on a permanent basis;

  • on a temporary basis;

  • on a contract basis; or

  • through another employment or engagement arrangement.

If the Client has already been actively and independently considering the Candidate before SJS's introduction, the Client must notify SJS in writing within 5 business days of the introduction and provide reasonable evidence of the prior relationship.

5. Recruitment Fees

SJS's recruitment fees will be agreed with the Client before, or at the commencement of, the relevant recruitment assignment.

Unless otherwise agreed in writing, permanent placement fees will be calculated as a percentage of the Candidate's first-year remuneration package.

The remuneration package may include:

  • base salary;

  • guaranteed allowances;

  • guaranteed bonuses;

  • commissions or other guaranteed remuneration; and

  • other guaranteed components of remuneration.

Superannuation will be treated in accordance with the fee proposal agreed between SJS and the Client.

Any GST applicable to SJS's services will be charged in addition to the stated fee.

6. Invoicing and Payment

Unless otherwise agreed in writing, SJS will issue an invoice following the Candidate's commencement.

Invoices are payable within 14 days of the invoice date.

The Client must notify SJS of any genuine invoice dispute within 5 business days of receiving the invoice. Undisputed amounts remain payable by the due date.

SJS reserves the right to charge interest on overdue amounts to the extent permitted by law.

SJS may also suspend recruitment services where an account remains overdue.

7. Replacement Guarantee

Unless otherwise agreed in writing, SJS provides a replacement guarantee for permanent placements.

Where a Candidate's employment ends during the applicable guarantee period due to circumstances attributable to the Candidate, SJS may undertake a replacement search for the same position at no additional recruitment fee.

The guarantee period will be specified in the applicable fee proposal or recruitment agreement.

If no guarantee period is specified, the default guarantee period will be 90 days from the Candidate's commencement date.

The replacement guarantee does not constitute a refund.

A replacement search is subject to:

  • the Client's account being paid and up to date;

  • the position remaining substantially the same;

  • the Client notifying SJS promptly of the Candidate's departure; and

  • the Client continuing to provide reasonable cooperation during the replacement process.

The guarantee does not apply where the Candidate's employment ends due to:

  • redundancy;

  • restructuring;

  • role elimination;

  • business closure;

  • significant changes to the role or employment conditions;

  • relocation of the position;

  • material changes to remuneration or duties;

  • illness, injury or circumstances outside the Candidate's reasonable control; or

  • other circumstances not reasonably attributable to the Candidate.

8. Candidate Assessment

SJS will use reasonable care in assessing and presenting Candidates.

However, SJS does not guarantee that a Candidate:

  • will be suitable for the position;

  • will accept an offer;

  • will remain employed for a particular period;

  • will meet all of the Client's expectations; or

  • will successfully complete any probationary period.

The Client remains responsible for making the final recruitment decision.

9. Client's Responsibility for Verification

The Client is responsible for independently verifying that a Candidate is suitable for employment.

This may include, where relevant:

  • identity verification;

  • right-to-work verification;

  • qualifications;

  • professional registrations;

  • employment history;

  • references;

  • criminal history checks;

  • financial or probity checks;

  • regulatory requirements;

  • security clearances; and

  • any other pre-employment screening required for the position.

SJS may assist with arranging screening checks where requested by the Client.

Unless expressly agreed otherwise in writing, the Client remains responsible for determining and satisfying its legal, regulatory and internal pre-employment screening requirements.

10. Reference Checks

Where agreed with the Client, SJS may conduct professional reference checks.

Reference checks are based on information provided by referees and are not an independent guarantee of the Candidate's suitability.

SJS does not guarantee the accuracy or completeness of information provided by a referee where the information is outside SJS's reasonable ability to verify.

11. Candidate Information

SJS will provide Candidate information to the Client for recruitment purposes.

The Client agrees to:

  • use Candidate information only for legitimate recruitment purposes;

  • maintain appropriate confidentiality;

  • protect Candidate information from unauthorised access;

  • not sell or distribute Candidate information;

  • not disclose Candidate information to unrelated third parties without appropriate authority; and

  • comply with applicable privacy laws.

Candidate information must not be used for marketing or unrelated purposes.

12. Candidate Confidentiality

Where a Candidate is identified as confidential, the Client must not contact the Candidate's current employer or other third parties concerning the Candidate without the Candidate's prior consent, unless otherwise agreed with SJS.

13. Candidate Re-Introduction

If a Candidate introduced by SJS has previously applied to, worked for, or been known by the Client, the Client must notify SJS as soon as reasonably practicable.

If the Candidate was already actively under consideration by the Client for the same or substantially similar position before the SJS introduction, the parties may agree in writing that no introduction fee applies.

14. Non-Circumvention

The Client agrees not to intentionally circumvent SJS in order to avoid payment of recruitment fees.

If a Candidate introduced by SJS is subsequently employed or engaged by the Client or a related entity within the applicable introduction period, the relevant recruitment fee remains payable.

15. Confidential Information

Each party must keep confidential information received from the other party confidential and must only use that information for the purpose for which it was provided.

Confidential information does not include information that:

  • is publicly available through no breach of these Terms;

  • was already lawfully known;

  • is independently developed; or

  • is required to be disclosed by law.

16. Privacy

SJS handles personal information in accordance with its Privacy Policy and applicable privacy laws.

The Client acknowledges that recruitment services require SJS to collect, use and disclose certain personal information relating to Candidates.

The Client agrees to handle Candidate information in accordance with applicable privacy obligations.

SJS's Privacy Policy is available on the SJS Recruitment website.

17. Client Information

The Client agrees to provide SJS with accurate and reasonably complete information about:

  • the position;

  • responsibilities;

  • qualifications;

  • remuneration;

  • employment conditions;

  • location;

  • working arrangements;

  • required experience;

  • screening requirements; and

  • other material requirements relevant to the recruitment assignment.

SJS is entitled to rely on information supplied by the Client.

18. Changes to Recruitment Requirements

The Client must promptly notify SJS of any material change to:

  • salary;

  • responsibilities;

  • employment conditions;

  • location;

  • working arrangements;

  • reporting structure;

  • hiring timeframe; or

  • other material aspects of the role.

Material changes may affect Candidate suitability and recruitment timelines.

19. Cancellation of Recruitment Assignment

The Client may cancel a recruitment assignment by providing written notice to SJS.

Unless otherwise agreed, cancellation of an assignment does not affect fees already incurred or any recruitment fee that subsequently becomes payable due to the employment or engagement of a Candidate already introduced by SJS.

20. Limitation of Liability

To the extent permitted by law, SJS will not be liable for indirect, incidental, special or consequential loss arising from recruitment services.

This may include loss of:

  • profits;

  • revenue;

  • business opportunities;

  • reputation; or

  • anticipated savings.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable Australian law.

21. Consumer Guarantees and Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth) or other applicable Australian legislation.

Where the Australian Consumer Law applies, these Terms are subject to those statutory rights and protections.

22. No Employment Relationship

Unless separately agreed in writing, SJS acts as a recruitment service provider and does not become the employer of a Candidate placed with the Client.

The Client is responsible for entering into the relevant employment relationship with the Candidate.

23. Independent Relationship

SJS and the Client are independent contracting parties.

Nothing in these Terms creates a partnership, joint venture, agency relationship or employment relationship between SJS and the Client.

24. Force Majeure

Neither party will be liable for failure or delay in performing an obligation where the failure or delay results from circumstances beyond its reasonable control.

This may include natural disasters, government action, significant technology failures, telecommunications outages, pandemics, industrial disputes or other events beyond reasonable control.

25. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts of Victoria and courts competent to hear appeals from them.

26. Changes to These Terms

SJS may update these Terms from time to time.

The Terms applying to a particular recruitment assignment will generally be those accepted by the Client at the commencement of that assignment, unless the parties agree otherwise in writing.

27. Entire Agreement

These Terms, together with any signed recruitment agreement, fee proposal or other written agreement between SJS and the Client, constitute the agreement between the parties regarding the relevant recruitment services.

Where there is an inconsistency between these Terms and a separately signed agreement, the separately signed agreement will prevail to the extent of the inconsistency.

28. Acceptance

By instructing SJS Recruitment to commence recruitment services, requesting or accepting a Candidate Introduction, interviewing a Candidate introduced by SJS, or employing or engaging a Candidate introduced by SJS, the Client acknowledges that it has read, understood and agreed to these Terms.

Contact

SJS Recruitment
Email: info@sjsrecruitment.com.au
Website: www.sjsrecruitment.com.au