Client Terms and Conditions

Terms and Conditions - Clients

Acceptance of Terms
1.These terms of business (Terms) shall apply to all Casual/Temporary Staff (Temp Staff) provided by Top Shelf Recruitment Pty Ltd (Top Shelf Recruitment) to you or your organisation (Client). The Client agrees that it shall be bound by these Terms on and from the earlier of: (a) the Client signing and returning to Top Shelf Recruitment a copy of these Terms, or other-wise continuing to engage Top Shelf Recruitment; or (b) the engagement of Temp Staff provided to the Client by Top Shelf Recruitment
Fee Structure
2. An engagement period for Temp Staff is a minimum of four (4) hours (each staff member) on any one day.
3. Top Shelf Recruitment Temp Staff work a Monday to Sunday week. Top Shelf Recruitment remunerates its Temp Staff in accordance with the relevant Award or Agreement. The hourly rate payable by Top Shelf Recruitment may also include wages and allowances for all related on costs, for example, Work Cover request by the Client for Temp Staff, Top Shelf Recruitment will provide the Client insurance, Medicare levy, payroll tax, superannuation, and training. Upon with a Schedule of Rates which will be payable in respect of each Temp Staff member. The Client agrees to pay the rates noted in the Schedule of Rates, and in accordance with these Terms.
4. The fees and charges which will be payable by the Client to Top Shelf Recruitment will be based on the number of working hours shown on the Top Shelf Recruitment time sheet, which the Client undertakes to complete in respect of each Temp Staff and signed by an authorised person at the completion of each shift. The time sheet must then be faxed to Top Shelf Recruitment within 24 hours of the completion of the shift. In the event the Client does not provide authorised time sheets within the time frame stipulated, Top Shelf Recruitment reserves the right to calculate the number of hours worked by the Temp Staff and charge the Client accordingly.
5. If a Top Shelf Recruitment on-hire staff member is required to work for more than 5 hours and up to 6 hours, they may elect to take an unpaid meal break of up to 30 minutes. The break must be given no earlier than two hours after starting work and no later than 6 hours after starting the shift.
For a shift of more than six hours, if a break is not given then the employee shall be paid at an additional 50% of the ordinary hourly rate until the break is given or the shift ends.
See Clause 31: Breaks in the Award in Hospitality Industry (General) Award 2010 Shift allowances and penalty rates are payable between 7 pm to 7 am Monday to Friday. Rates quotes are subject to change.
6. Travel time will be valid for areas where Top Shelf Recruitment Temp staff may be contracted beyond a 25 km radius of the city from Central Station. 1 hour of pay, pertinent to the category of staff will be included and listed on relevant invoice for each staff member requested.


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7. While Top Shelf Recruitment will do its best to ensure all hours have been correctly billed, Invoices are to be checked & approved within 24 hrs of being sent from our accounts dept. All amendments received after this time will not be processed due to payroll processing times. All invoices are due and payable within seven (7) days of Top Shelf Recruitment issuing an invoice to the Client. The Client acknowledges that those payment terms are essential to reimburse payment of temporary wages and all statutory on-costs paid by Top Shelf Recruitment on the Client’s behalf. In the event of non-payment, Top Shelf Recruitment Hospitality reserves the right to charge interest at a rate of 2% per fortnight on unpaid invoices from the due date to the date remittance is received. Further, in the event legal action is necessary to recover any outstanding amounts, Top Shelf Recruitment reserves the right to charge an additional debt recovery fee of 10% of the total invoice value. Top Shelf Recruitment also reserves the right claim any Court costs and associated legal fees and charges.
8. All fees and charges will be invoiced in Australian dollars and are expected to be paid in Australian dollars
9. In addition to paying the Fee, the Client must pay Top Shelf Recruitment an amount equal to any GST payable for anything provided or supplied by Top Shelf Recruitment in connection with these Terms or any arrangement made under these Terms.
Cancelation and Termination
10. If the Client does not comply with any of these Terms, Top Shelf Recruitment reserves the right to, among other things, cancel the arrangement with the Client, and without notice, withdraw any Temp Staff placed with the Client. Failure to comply with these Terms may also result in our termination of the assignment effective immediately
11. Cancellations or changes to bookings must be made within office hours and at least four (4) hours notice prior to the beginning of a booking. For cancellations of less than 4 hours pay, the Client agrees to pay for the minimum number of hours that person would have worked (namely 4 hours).
Guarantee
12. If the Client is not satisfied with the Temp Staff member’s skills and expertise, the Client must advise Top Shelf Recruitment within 60 minutes of the shift start time, so that the relevant Temp Staff member can be withdrawn from the site at no charge to the Client. Top Shelf Recruitment will provide a credit towards the Client’s next booking for the minimum hours worked. Top Shelf Recruitment reserves the right to dispute the Client‘s claim that the relevant Temp Staff member does not have the appropriate level of skill and expertise, for the purposes of the brief provided by the Client.
Introduction Fees
13. If the Client or any Client related third party entity, individual or company employ or engage a Temp Staff member introduced by Top Shelf Recruitment within six (6) months of the date of completion of the last assignment of the relevant Temp Staff member, then the Client agrees to pay Top Shelf Recruitment a permanent placement fee, in accordance with Top Shelf Recruitment’s Permanent Placement Terms and Conditions, a copy of which the Client warrants it has reviewed and understood upon agreeing to these Terms.

Client Obligations
14. On and from the date of commencement with the Client, Temp Staff will be under the direction, control and supervision of theClient. The Client is therefore responsible for all acts, errors and omissions whether wilful, negligent or otherwise of such Temp Staff, as if that staff member was in the Client’s permanent employ.
15. The Client must ensure a safe working environment for all Temp Staff, and must otherwise comply at all times with all Commonwealth and State legislation relating to employees including, without limitation, legislation dealing with anti- discrimination and sexual harassment. The Client warrants that its workplace complies with all workplace safety laws applicable to the State or Territory in which the Client operates. The Client will immediately advise Top Shelf Recruitment when a workplace incident occurs in respect of a Temp Staff member.
16. All Temp Staff must be given breaks in accordance with the relevant Award and or Agreement. If a Temp Staff member is required to work for five or six plus hours in a day, that person must be given an unpaid meal break of no less than thirty (30) minutes. The break must be given no earlier than one hour after starting work and no later than six (6) hours after starting work. If the Temp Staff member is not given a break in accordance with these Terms and or the relevant Award or Agreement, the Client may be liable to pay additional charges and penalties (if applicable).
Liability and Indemnity
17. The Client indemnifies and will keep indemnified Top Shelf Recruitment from and against all damages, losses, expenses, claims or actions incurred by Top Shelf Recruitment or for which it or its employees, agents or sub-contractors may become liable for failure by the Client to comply with its obligations under any relevant Commonwealth and State legislation relating to employees.
18. Top Shelf Recruitment does not accept any liability for any loss, expense or damage arising from any act, omission, dishonesty, misconduct or negligence of any Temp Staff and the Client releases Top Shelf Recruitment from all liability for any loss, expense or damage of any kind arising out or of or in connection with, directly or indirectly, any act, omission, dishonesty, misconduct or negligence of any Top Shelf Recruitment Temp Staff.
19. All details and information pertaining to Temp Staff is to be treated in the strictest confidence. The Client will keep such information confidential and will not use it for any other purpose for which it was set in accordance with the Privacy Act 1988.
20. To the extent permitted by law, Top Shelf Recruitment shall not be liable for any loss, damage, costs or expense incurred by the Client or claims against the Client by any third party (including, without limitation, any individual introduced by Top Shelf Recruitment) as a result of: (a) providing Temp Staff to the Client, or any failure or delay in providing Temp Staff; or (b) the employment of any Temp Staff by the Client.

Definitions (In these Terms):
Client means any person, company or firm to whom Top Shelf Recruitment Recruitment Services Pty Ltd supplies or introduces Temp Staff. Casual / Temporary Staff means the individual(s) who is/are introduced by Top Shelf Recruitment to render services to the Client.
Assignment means the period during which Temp Staff is supplied by Top Shelf Recruitment to render services to the Client.
Fee means the amount calculated in accordance with the Top Shelf Recruitment Casual/Temporary Staff Rate Schedule.
Engages/Engaged/Engagement means the engagement, employment or use of Temp Staff directly by the Client or any third party or through any other employment business on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a company or business of which the Temp Staff is an officer or employee.
Introduction/Introduced/Introducing means (i) the Client’s interview of Temp Staff in person or by telephone, following the Client’s instruction to Top Shelf Recruitment to supply Temp Staff; or (ii) the passing by Top Shelf Recruitment to the Client of a curriculum vitae, resume or information which identifies Temp Staff.
GST means: (a) the same as in the GST Law; (b) any goods and services tax, or any tax applying to this transaction in a similar way; and (c) any additional tax, penalty, fine, interest or other charge applicable to the above; and GST Law means the same as “GST Law” means in A New Tax System (Goods and Services Tax) Act 1999.{custom content here}