Terms of Business — Permanent Placement

1. Parties & definitions

1. “ORLA Talent”, “we”, “us” means Melbourne Finance Brokers Pty Ltd (ABN 74 151 721 112) trading as ORLA Portal / ORLA Talent, a service of ORLA Legal Hub.
2. “Client”, “you” means the firm or organisation that briefs us on a role or engages a Candidate.
3. “Candidate” means any person we introduce to you for potential engagement.
4. “Introduction” means our provision to you of a Candidate’s CV, details or identity (in writing, verbally, or via the ORLA Talent platform).
5. “Engagement” means the Candidate’s acceptance of any offer of employment or services from you (or an associated entity), whether permanent, fixed-term, contract, or as a consultant, and whether or not on the terms originally briefed.

2. Our service

1. We source, screen and shortlist Candidates for roles you brief us on. We do not guarantee that a suitable Candidate will be found or that any Candidate will accept or remain in a role.
2. An Introduction is confidential to you and must not be passed to any third party. If you refer a Candidate to a third party who then Engages them, you are liable for our fee as if you had Engaged them.

3. Fees

1. Our fee for a permanent placement is a flat placement fee, from $6,900 plus GST, quoted and confirmed in writing for each role before work begins.
2. The fee is earned in full on Engagement and is payable within 14 days of the Candidate’s agreed start date, by electronic funds transfer, against our tax invoice.
3. All fees are exclusive of GST, which is added at the prevailing rate.

4. When a fee is payable

1. A fee is payable whenever you Engage a Candidate we Introduced, including where the Engagement occurs within 12 months of the Introduction, and including where the role, title or terms differ from those originally briefed.
2. You must tell us promptly when you Engage a Candidate we Introduced.

5. Replacement guarantee / rebate

If, within 8 weeks of the start date, a permanently-placed Candidate resigns or is dismissed for performance or misconduct, and provided (a) our fee was paid in full and on time, (b) you notified us in writing within 5 business days, and (c) the departure is not due to redundancy, restructure, or a material change to the role, we will at your election either conduct one replacement search at no additional professional fee, or provide a rebate:

One replacement or one rebate per placement. A replacement Candidate carries the same guarantee for the unexpired portion of the original period.

6. Your responsibilities

1. You are responsible for your own final checks before Engagement, including verifying identity, right to work, qualifications, practising certificate / admission status, and references, and for satisfying yourself as to a Candidate’s suitability.
2. We take reasonable care in screening but give no warranty as to a Candidate’s suitability, honesty, or that any information a Candidate provides is accurate.

7. Confidentiality & privacy

1. Each party keeps the other’s confidential information (including Candidate details and your role requirements) confidential and uses it only for the placement.
2. Personal information is handled in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

8. Liability

1. To the extent permitted by law, our total liability arising from any placement is limited to the fee paid for that placement, and we are not liable for indirect or consequential loss.
2. Nothing in these terms excludes rights that cannot lawfully be excluded, including under the Australian Consumer Law.

9. General

1. These terms are governed by the laws of Victoria and the parties submit to its courts.
2. We may update these terms from time to time; the version in force when you brief a role applies to that role.