Terms of Business

1.1 These terms apply to Application Screening, including Screening Plus, provided by Talyn Recruitment Group (ABN 37 214 739 717) (we, us) to you (as defined in clause 9).

1.2 No signature is needed. Once you have received these terms, you are bound by them on the earliest of:

• (a) sending us applications, or access to an application inbox;
• (b) giving us the Role details or brief, in writing or verbally;
• (c) paying the Screening Fee; or
• (d) otherwise asking us to start.

1.3 The version of these terms we last gave you before Screening is commissioned applies. These terms are the whole agreement on Screening. Changes must be in writing and signed by both parties. Electronic signatures are binding under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000.

1.4 Screening is not available for a Role already under a Talyn Search. If you want us to take the Role further after Screening, clause 7 applies.

2.1 We will use reasonable skill and care to read every application in the Application Pool in full against the Role brief, using our own technology, review the Applicants we recommend ourselves, and deliver a Screening Pack recommending who to interview, with our reasoning.

2.2 We aim to deliver one Screening Pack within 48 hours of your written confirmation that the last application has been sent. Under Screening Plus, we deliver Screening Packs at times we decide, aiming to send the first within 72 hours of the advertisement going live. These are estimates, and no remedy attaches to them.

2.3 Under Screening, including Screening Plus, we do not contact Applicants about the Role (other than the automated acknowledgement under clause 2.7) or source candidates, and we do not advertise other than under Screening Plus (clause 2.7). You keep running the Role: your process, and any other advertisement, agency or channel. Screening is not exclusive, and nothing needs to be paused.

2.4 If no Applicant meets the brief, we will say so. That is a finding, and the Screening Fee remains payable.

2.5 You are responsible for your hiring decisions and for checking each Applicant’s qualifications, experience, references, identity and right to work in Australia. We do not guarantee that any Applicant is available or suitable, how many names a Screening Pack will contain, or any outcome that depends on the advertisement. Neither Screening nor Screening Plus carries a shortlist or replacement guarantee, other than the re-run of the advertisement under clause 2.8.

2.6 You will give us the Role details and brief, answers to our questions within 2 business days and, other than under Screening Plus, the applications in a readable form and written confirmation when the last application has been sent. Your brief and instructions will comply with anti-discrimination and workplace laws. Time spent waiting on you does not count toward any time limit in these terms.

2.7 Screening Plus can be commissioned on its own, or after Screening for the same Role. Under it, we write the advertisement for the Role, agree it with you, and run it under the Talyn name on SEEK for 30 days as a standard listing. A premium listing you ask for is charged at its extra cost over standard, with your prior written approval. Applications come to us. Each Applicant receives an automated acknowledgement of their application; beyond that, we do not contact Applicants.

2.8 Under Screening Plus, if no Screening Pack from the advertisement’s run contains an Applicant worth interviewing, you may tell us so in writing within 5 business days of receiving the last Screening Pack from that run, giving your reasons against the Role brief. We will tell you when a Screening Pack is the last from the run. We will then run the advertisement once more, for up to 30 days, at no further fee, and assess the new applications under these terms. The Screening Packs count as containing someone worth interviewing if you do not tell us within that time, or if you interview, or ask to interview, anyone in any of them. The re-run is available once per Role and is the only remedy: no fee is refunded. It does not apply if the Role, its brief or its package changes after the advertisement is agreed, or if, before the advertisement ran, we told you in writing that the package or conditions were unlikely to attract suitable Applicants.

3.1 Screening Fee. The Screening Fee is flat, whatever the number of applications, with no Start Payment, per-application charge or tier. It is invoiced when Screening is commissioned and is due on receipt. Screening starts once payment is received, and the fee is earned when Screening starts. The Screening Fee is:

• (a) Screening (other than Screening Plus): $950 (ex-GST) per Role;
• (b) Screening Plus: $2,950 (ex-GST) per Role, including the advertisement; and
• (c) Screening Plus after Screening for the same Role: a further $2,000 (ex-GST), so the total matches Screening Plus.

3.2 Changes. Each Role carries its own Screening Fee. If the Role changes materially, or there are many times more applications than you indicated, we will agree the position with you in writing before doing further work, and you are not charged for work you have not agreed. We may decline any Role.

3.3 No refund or discount. If you withdraw the Role after Screening has started, the Screening Fee is not refunded. The Screening Fee is never discounted, and no repeat or volume discount applies to it. It counts toward a later Search only as clause 7 sets out.

3.4 Payment. Other invoices are due within 14 days. If an invoice is unpaid 14 days after its date, we may charge interest at 10% a year on the overdue amount, pause services until it is paid, and recover reasonable costs of recovery. This does not limit your rights under the Australian Consumer Law.

3.5 GST. Amounts exclude GST. Where GST applies, it is added to the tax invoice and paid by you in addition.

4.1 The Applicants are yours. We assess them for you, claim no ownership of them, place no restriction on what you do with them, and do not require you to delete them.

4.2 No fee beyond the Screening Fee is payable if you hire an Applicant yourself, for the Role or any other role, whether or not they appeared in the Screening Pack. This changes only if the Role is taken further under clause 7, or under Screening Plus (clause 4.6).

4.3 Applicants are not reserved to you. If you later engage us on another role and we put forward someone from an earlier Application Pool, that is an introduction under that engagement, and its fee applies in full.

4.4 An Applicant becomes a Talyn candidate for other roles only if we approach them separately and they consent. Being screened is not consent.

4.5 A person we introduced to you in the 12 months before Screening is not an Applicant. Our Standard Terms of Business continue to govern them. Applicants are not Candidates under those terms unless the Role is taken further under clause 7.

4.6 Under Screening Plus, the Applicants answered our advertisement, and clause 4.1 does not apply. You may hire as many of them into the Role as you need, with no fee beyond the Screening Fee. If you, or anyone you passed their details to, Engage an Applicant in a same or substantially similar role that is not the Role, while the advertisement runs or within 3 months after it ends, a further Screening Plus fee of $2,950 (ex-GST) is payable, unless you show they came to you independently of our advertisement. You will tell us within 5 business days of any such Engagement. No fee is payable for a materially different role.

5.1 You collect the applications under your own collection notice and privacy policy. You warrant that you are entitled to disclose them to us for assessment and that your notice and policy permit it. You indemnify us against any claim, penalty, loss or cost arising from a disclosure you were not entitled to make, or from your failure to give an Applicant any notice your privacy obligations required. Under Screening Plus, we collect the applications ourselves, under our own privacy notice, and instead of the above, you will use the Applicant information we give you only to recruit for your business, not pass it on without our consent, and handle it under the Privacy Act 1988 (Cth).

5.2 We keep each application and assessment for as long as needed for the Role, any Search under clause 7 and our records, and as our Privacy Policy describes. Each party is responsible for its own copy.

5.3 We handle personal information under the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy at talyn.com.au/privacy. Applicants keep their rights over their personal information, and we will act on their requests whatever these terms say.

5.4 Each party keeps the other’s confidential information confidential. We will not disclose the applications, the Screening Pack or the engagement to anyone without your consent, except to our service providers, who must keep it confidential, or as required by law.

6.1 Nothing in these terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for failing to meet a consumer guarantee can be limited, it is limited, at our option, to resupplying the service or paying the cost of resupply.

6.2 Subject to clause 6.1, our total liability in connection with Screening, however arising (including in negligence), is limited to the Screening Fee paid for the Role.

6.3 Neither party is liable to the other for indirect or consequential loss, including loss of profit, revenue, opportunity or reputation. This does not limit any fee, interest or cost payable under these terms, or your liability for breach of clause 5.

6.4 We are not liable for information provided by an Applicant or third party, for your hiring decisions, or for the conduct of anyone you engage.

7.1 If you want us to run the recruitment process for the Role after Screening (sourcing where needed, contacting Applicants, interviewing, references, offer and start), you sign our Standard Terms of Business for the Role. The Search starts on the date they are signed. It is not retrospective: no fee is payable for anyone who accepted your offer before then.

7.2 The Search is run under our Standard Terms of Business. Where this clause and the Standard Terms differ on that Search, this clause prevails, and:

• (a) no separate Start Payment is invoiced. The Screening Fees you have paid for the Role count once toward the Fixed Fee (after any Repeat Discount) for the first person Engaged for whom a Balance is payable, and what remains is invoiced on their start date. For example, after Screening Plus ($2,950), a Band 1 hire costs $8,300 in total, so $5,350 is invoiced on the start date. That placement counts toward the Repeat Discount on later placements;
• (b) the Shortlist Guarantee (Standard clause 7) does not apply, and any credit under Standard clause 8.2 is limited to the amount invoiced on the start date;
• (c) Standard clause 3.4 applies to anyone Engaged in the Role during the Search, including an Applicant, except a person who had accepted your offer before they were signed. Your existing advertisement may keep running if you forward its applications to us (Standard clause 3.3(c) does not apply); and
• (d) Applicants are treated as direct applications you forwarded to us, and Standard clause 10.1 does not apply to them.

8.1 Governing law. These terms are governed by the laws of Victoria, and the parties submit to the courts of Victoria.

8.2 Disputes. Before starting proceedings (except for urgent relief or recovering an undisputed invoice), a party must notify the dispute in writing, and the parties will meet in good faith within 10 business days and, if it is unresolved within 20 business days, refer it to mediation through the Resolution Institute or an equivalent body.

8.3 Other. An invalid provision is read down or severed only as far as necessary, and the rest continues. A right is waived only in writing. You may not assign your rights without our written consent; we may assign amounts owing to us. Notices are given by email to your billing email or to hello@talyn.com.au. Clauses 4, 5 and 6 survive the end of Screening.