Service Terms

These Service Terms govern the recruitment services provided by Matchbox Talent. By engaging us, you agree to these terms.

01Definitions

In these Service Terms:

02About us

Matchbox Talent is a recruitment agency based in Holroyd, New South Wales. We provide fixed-fee recruitment services to small and medium businesses in Parramatta and Western Sydney.

03How these terms apply

These Service Terms apply when you engage Matchbox Talent to fill a role. You agree to them by doing any of the following:

• Signing and returning a copy of these terms.
• Paying the Engagement Fee.
• Interviewing a Candidate we introduced to you.
• Employing a Candidate we introduced to you.

Once accepted, these Service Terms form the entire agreement between you and Matchbox Talent for the recruitment services described. They replace any previous discussions, proposals, or arrangements.

These terms prevail over any conflicting terms or conditions you may seek to impose, unless Matchbox Talent agrees in writing to vary them.

04Our services

We offer two services. Sourcing Only is for businesses that need candidates but can handle the hiring process themselves. Full Placement is for businesses that want the entire process handled.

Sourcing Only

We find candidates and deliver a shortlist. You screen, interview, negotiate, and hire on your own. The fee is $1,900 plus GST if applicable. It is invoiced on delivery of the shortlist and due within 14 days.

Full Placement

We manage the process from start to finish. This includes sourcing, screening, interview coordination, offer negotiation support, onboarding guidance, and a replacement guarantee. Full Placement covers three engagement types: permanent, part-time, and fixed-term.

The fee is $750 plus GST if applicable for the engagement fee, and $2,900 plus GST if applicable for the permanent placement fee. Part-time and fixed-term fees are calculated as set out in Sections 7 and 8.

The service you have selected is set out in the Service Agreement.

05Engagement fee

The engagement fee is $750 plus GST if applicable. It is payable before the search begins for all Full Placement types, whether permanent, part-time, or fixed-term.

The engagement fee covers database searching, drafting and placing advertisements, initial candidate screening, and dedicated time allocated to your role. It confirms your commitment so we can prioritise your assignment.

The engagement fee is non-refundable once the search has commenced. It pays for work already performed.

Offer validity

Our proposal is valid for 30 days from the date it is issued. After that period, we reserve the right to revise our fees before commencing the search.

06Placement fee: permanent placements

For a permanent placement, the placement fee is $2,900 plus GST if applicable. It is invoiced on the candidate's start date and due within 14 days.

The placement fee covers full campaign management, candidate screening, reference checking, shortlist preparation, interview coordination, offer negotiation support, and the replacement guarantee.

07Placement fee: part-time placements

A part-time placement is a permanent role worked at reduced hours. The candidate is employed directly by you.

The placement fee is pro-rata based on contracted hours against a 38-hour full-time week. It is not based on the salary package.

The Guarantee Period is the same proportion of 90 days as the contracted hours are of 38. For example, 19 hours per week is 50% of full-time and carries a Guarantee Period of 45 days.

The engagement fee is $750. The early bird credit and repeat hire discount apply to the pro-rata placement fee.

Overtime, busy periods, and leave

Overtime, temporary busy periods, and holiday or sick leave do not change the placement fee or the Guarantee Period. Only a permanent change to the contracted hours is relevant, as set out below.

Increase to full-time hours

If the role increases to full-time (38 hours per week) within 90 days of the start date, you pay the balance of the full permanent placement fee of $2,900, and the Guarantee Period resets to 90 days from the change date. The earlier pro-rata Guarantee Period no longer applies.

For example, if you placed a candidate at 0.5 FTE (19 hours per week) and paid $1,450, and the role becomes full-time within 90 days, the balance due is $1,450. The total paid becomes $2,900, and the Guarantee Period resets to 90 days from the change date.

08Placement fee: fixed-term placements

A fixed-term placement is a role with a defined end date. The candidate is employed directly by you for the contract period.

The placement fee and Guarantee Period are based on the contract length in months:

The Guarantee Period is the same proportion of 90 days as the placement fee is of the full permanent fee. For example, a 6-month contract pays $2,175, which is 75% of the full fee, and receives 68 days, which is 75% of 90 days.

The proposed start and end dates in the Service Agreement are for the record only. They do not change the fee or the Guarantee Period. Only the contract length in months determines the fee.

The engagement fee is $750. The early bird credit and repeat hire discount apply to the pro-rata placement fee.

09Fixed-term extensions

If a fixed-term placement is extended and the role remains substantially the same, the placement fee is recalculated based on the new total contract length from the original start date. You pay the difference between the original fee and the new fee.

If the total length reaches 12 months or more, the full placement fee applies. No further fee applies for extensions beyond 12 months.

The additional amount is invoiced at the time of extension.

If the role changes substantially, including a different job title, different core duties, or a different pay band, the extension is treated as a new placement. A new engagement fee and placement fee apply. The guarantee resets to 90 days from the new start date.

Guarantee on extension

The Guarantee Period is recalculated based on the new total contract length. It runs from the original start date. You do not need to re-run the guarantee. It simply extends.

10Conversion to permanent

If a fixed-term or part-time placement is converted to a permanent full-time role, you pay the balance of the full permanent placement fee of $2,900. The fee already paid is credited against it. The engagement fee is not charged again.

The standard 90-day permanent replacement guarantee applies from the date of conversion. The earlier fixed-term or part-time Guarantee Period no longer applies.

11Exclusivity

When you pay the engagement fee, we work exclusively on your role for a period of 30 days. Exclusivity applies to Full Placement only. It does not apply to Sourcing Only.

During this period, you agree not to engage other recruitment agencies for the same role. If you do, the engagement fee is forfeited and no placement fee is payable.

If we do not present a shortlist within 30 days, this exclusivity ends. You are free to engage other agencies. We will continue to work on your role unless you tell us to stop.

12Incentives

We offer four incentives. The rules for each are set out below.

Early Bird Credit

You receive a $100 credit against your placement fee if you pay the engagement fee within 48 hours of receiving your proposal. The credit is applied when the placement fee is invoiced.

Repeat Hire Discount

You receive 10% off the placement fee if you engage us for a new role within 6 months of a previous placement. The discount is capped at $290.

Business Referral Reward

You receive $300 if you refer a business that signs a placement agreement with us and a qualifying candidate is placed through it.

Candidate Referral Reward

You receive a $250 gift card if you refer a candidate who is placed in a qualifying role.

Referral eligibility and conditions

Referral rewards are paid once the placement has passed its Guarantee Period. They apply only where the referred candidate or business is new to Matchbox Talent. A candidate is new if they have not been in our database or been submitted to a client in the previous 12 months. A business is new if it has not engaged us in the previous 12 months.

The full terms, including what counts as a qualifying placement, the three-open-referral cap, eligibility, and payment methods, are set out in our Referral Terms. Where there is any inconsistency, the Referral Terms prevail.

Rules that apply to all incentives

• Discounts do not stack. You may use the early bird credit or the repeat hire discount, not both.
• For part-time placements, discounts apply to the pro-rata placement fee.
• For fixed-term placements, discounts apply to the pro-rata placement fee.
• Referral rewards are paid after the Guarantee Period passes, as set out in the Referral Terms.
• Gift cards are general retail cards.
• Eligible incentives are calculated by Matchbox Talent and applied on your invoice.

13Replacement guarantee

We offer a replacement guarantee on all Full Placements. The Guarantee Period depends on the engagement type:

The Guarantee Period is the same proportion of 90 days as the placement fee is of the full permanent fee. For part-time placements, it is the same proportion of 90 days as the contracted hours are of 38.

If a candidate you placed through us resigns or is terminated for an acceptable reason within the Guarantee Period, we will conduct a replacement search at no additional placement fee.

Acceptable reasons

• Serious misconduct
• Poor performance
• Resignation
• Abandonment
• Retirement

What is not covered

The guarantee does not apply if the departure is due to a material change to the role, duties, or location from what was agreed. It does not apply if the agreed compensation package changes after acceptance. It does not apply if your conduct creates an untenable working environment. It does not apply if you fail to pay our invoice within the agreed terms. It does not apply if you fail to notify us in writing within 5 working days of the departure.

Conditions

To activate the guarantee, you must notify us in writing within 5 working days of the departure and state the reason. You must have paid the placement fee in full. You must grant us a 4-week exclusive period to source a replacement.

Pause if invoice unpaid

If the placement fee invoice is unpaid at Day 22, the guarantee is paused. Time spent paused still counts against the Guarantee Period. Once the outstanding amount and any interest are paid in full, the guarantee resumes for the remaining days in the Guarantee Period.

Limitations

The guarantee is limited to one replacement search only. The replacement candidate is not covered by a further guarantee. The guarantee does not apply if a guarantee has already been used for the same role.

If we cannot find a replacement

If we cannot source a suitable replacement within 6 weeks, we will issue a credit note for 50% of the placement fee. The credit note is valid for 12 months against any future permanent placement. It is not redeemable for cash.

14If we cannot fill the role

If we cannot present a shortlist within 30 days, we will tell you. You may choose to continue the search at no additional cost, or you may cancel the assignment.

If you cancel, the engagement fee is non-refundable. It pays for work already performed.

15Candidate introductions and fee entitlement

15.1 What counts as an introduction

We consider a candidate introduced when we do any of the following:

• Send you their CV or profile.
• Give you their name, contact details, or any other identifying information.
• Arrange an interview between you and the candidate.
• Discuss the candidate with you in any format.

The introduction is valid whether it happens by email, phone, in person, or through any other method.

15.2 Candidate ownership period

Once we introduce a candidate to you, we retain the right to a placement fee if you hire that candidate within 12 months of the introduction. This applies even if:

• The role is different from the one originally discussed.
• The candidate is hired on a different basis, for example as a contractor instead of a permanent employee.
• The hiring is done by a related entity, subsidiary, or associated business.
• The candidate is hired through another agency or directly by you.

15.3 Anti-circumvention

You agree that you will not:

• Hire a candidate we introduced to you without paying our placement fee.
• Refer a candidate we introduced to you to another employer, related entity, or third party, where that employer hires the candidate within 12 months.
• Engage a candidate we introduced to you through a different agency, contractor, or intermediary to avoid paying our fee.

If you do any of these things, the full placement fee becomes immediately payable.

15.4 Prior knowledge

If you already knew about a candidate before we introduced them, you must tell us in writing within 48 hours of receiving our introduction. If you do not, we are considered the source of the introduction and the placement fee is payable.

Your notification must include the candidate's name, how you came to know about them, when you first became aware of them, and any documentation or evidence you have.

15.5 Non-solicitation of our candidates

You agree not to approach, solicit, or engage any candidate we introduce to you for any purpose other than the role we are recruiting for, during the 12-month ownership period, without our written consent. This includes offering them a role at a different company, recruiting them into your own business outside the agreed role, or sharing their details with a third party.

16Advertising

The placement fee includes advertising on free job boards. If you want your role advertised on paid platforms such as SEEK, LinkedIn, or Indeed, you will be charged at cost. We will tell you the cost before we place any paid advertisement.

We will not incur any paid advertising costs above $500 without your written approval. Any advertising above that amount will be quoted and approved by you before it is placed.

17Contract and temp placements

We provide permanent, part-time, and fixed-term placements. We do not offer contract, temporary, or labour hire placements.

18Your obligations

You agree to provide accurate and complete information about the role. You agree to conduct interviews within a reasonable timeframe and provide feedback within 2 business days of interview. You agree to tell us promptly if you want to make an offer or not proceed.

Verification and checks

Our reference checking is limited to confirming employment history and performance with nominated referees. We do not verify identity, right to work, qualifications, professional registrations, or criminal history. You are responsible for verifying the candidate's right to work in Australia, their qualifications and registrations, any medical or physical requirements, and any criminal history checks where relevant. You are also responsible for any other checks required by law or your industry.

Assessments and testing

If you require psychometric testing, skills assessments, or any other formal evaluation of a candidate, those costs are payable by you. We will arrange the testing and invoice you at cost.

Workplace safety

You are responsible for providing a safe workplace and complying with all work health and safety obligations.

Modern slavery

You agree to comply with all applicable modern slavery laws and to provide us with any information we reasonably require to meet our own modern slavery obligations.

19Payment terms

The engagement fee is due immediately upon invoice. The placement fee is due within 14 days of the candidate's start date. The sourcing only fee is due within 14 days of delivery of the shortlist.

If an invoice is overdue, we may charge interest at 2% per month. We may suspend work on any active assignment. You are liable for reasonable legal or debt collection costs.

You may not set off any amount owing to us against any claim you may have against us.

20Liability and insurance

To the maximum extent permitted by law, our liability to you is limited to the total fees you have paid us for the assignment giving rise to the claim. For fixed-term and part-time placements, this means the pro-rata placement fee actually paid.

We are not liable for indirect, consequential, or economic loss. This includes loss of profit, revenue, reputation, or opportunity.

Once a candidate starts with you, they are under your direction and control. We are not liable for their acts, omissions, or errors after placement.

Any claim covered by our Professional Indemnity insurance is subject to a $1,000 excess, which you are liable for.

You indemnify us against claims, losses, or liabilities arising from your breach of these terms, your failure to verify a candidate's qualifications or right to work, any unlawful or discriminatory hiring practices, or any misrepresentation you make to us or a candidate.

Insurance

Matchbox Talent maintains current Professional Indemnity and Public Liability insurance. Certificates of currency are available on request.

Nothing in these Service Terms limits any rights or remedies you may have under the Australian Consumer Law that cannot be excluded or limited by agreement.

21Privacy and confidentiality

Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy is available on our website.

We obtain candidate consent before sharing their information with you. You agree to use that information only to assess suitability for the role.

AI tools

We may use AI tools to assist with reviewing applications. When we do, we remove identifying details such as name, email, and phone number before sharing anything with those tools. AI does not make decisions. Every application is reviewed by a person. If you prefer we handle an application manually, contact us at admin@matchboxtalent.com.au.

Confidentiality

Both parties agree to keep confidential any sensitive information disclosed during the engagement. This includes candidate details, salary information, and business information.

The fees and terms set out in this agreement are confidential between us and you. You agree not to disclose them to any third party without our written consent.

These obligations survive the termination of these Service Terms.

22Termination

You may end an assignment at any time by written notice. The engagement fee is non-refundable. If a shortlist has been presented, you may be liable for a cancellation fee of 25% of the estimated placement fee.

We may end an assignment if you breach these terms, provide misleading information, or if payment is overdue.

Termination does not affect rights or obligations accrued before termination.

23Disputes

If a dispute arises, we will try to resolve it through good faith negotiation. If negotiation fails, either party may refer the dispute to mediation through the Australian Disputes Centre or another mutually agreed mediator.

These terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction.

24General

These terms are the entire agreement between us and supersede any prior representations. Any change must be in writing and signed by both parties. If any provision is found to be invalid, the remaining provisions continue in full force. Our failure to enforce any provision does not waive that provision. You may not assign your rights or obligations without our written consent.

Variation

We may vary these terms from time to time. Material changes will be notified to active clients in writing at least 14 days before they take effect. Continued use of our services after that period constitutes acceptance of the updated terms.

Notices

Any notice under these terms must be in writing and sent by email to the address each party has provided. Notice is considered received 24 hours after sending.

Clauses 19 (Payment), 20 (Liability and Insurance), 21 (Privacy and Confidentiality), and 23 (Disputes) survive termination.

Contact

• Email: clients@matchboxtalent.com.au
• Phone: +61 420 984 785
• Post: Matchbox Talent, Holroyd NSW 2142, Australia