Terms of Business

1.1 These terms apply to Application Screening 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 you provide in full, assess it against the Role brief, and deliver a Screening Pack recommending who to interview, with our reasoning and what to test at interview.

2.2 We aim to deliver within 48 hours of your written confirmation that the last application has been sent. This is a target, and no remedy attaches to it.

2.3 Under Screening we do not contact Applicants, advertise or source candidates. You keep running the Role: your advertisement, your process, and any other 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 your advertisement.

2.6 You will give us the Role details and brief, the applications in a readable form, written confirmation when the last application has been sent, and answers to our questions within 2 business days. Time spent waiting on you does not count toward any time limit in these terms.

3.1 Screening Fee. The Screening Fee is $950 (ex-GST) per Role. It is flat, whatever the number of applications, with no engagement fee, 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 on delivery of the Screening Pack.

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.

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 as your service provider, 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 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 you agree a Continuation (clause 7).

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.

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.

5.2 We keep each application and assessment for as long as needed for the Role, any Continuation and our records. 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 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.

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 the Continuation Schedule below. The Continuation starts on the date it is signed. It is not retrospective: no fee is payable for anyone who accepted your offer before then.

7.2 A Continuation is run as a Search under our Standard Terms of Business, which we give you with the Schedule. The signed Schedule is a Search confirmation under clause 1.4 of those terms. Where these terms and the Standard Terms differ on a Continuation, these terms prevail, and:

• (a) no Engagement Fee is payable, and the Search starts when the Schedule is signed and runs until the Continuation ends (the 6-month limit in Standard clause 3.2(c) does not apply);
• (b) the Continuation Fee in clause 7.3 replaces the Fixed Fee everywhere, including under Standard clauses 5.4 and 5.5, set by the Band of the Package the person Engaged accepts;
• (c) Standard clause 3.4 applies to anyone Engaged in the Role during the Continuation, including an Applicant, except a person who had accepted your offer before the Schedule was signed. Your existing advertisement may keep running if you forward its applications to us (Standard clause 3.3(c) does not apply);
• (d) Standard clauses 3.5, 4.1, 4.2 and 10.1 do not apply to a Continuation. Paragraph (f) sets the fee for Applicants and anyone we introduce under the Continuation, and clause 4 of these terms governs the rest of the Application Pool;
• (e) if the Role needs advertising again, we write and run a standard advertisement for a flat $800 (ex-GST), agreed with you before it goes live. This replaces Standard clause 5.7 for standard advertising;
• (f) you may end the Continuation at any time by written notice. If you end it before a placement, a cancellation fee of $500 (ex-GST) is payable, a genuine pre-estimate of the work done to that point and not a penalty, and no other fee is payable at that time. If, during the Continuation or within 12 months after it ends, you, or a third party you passed their details to, Engage in any role anyone who appeared in the Screening Pack or whom we contacted, interviewed or presented under the Continuation, the Continuation Fee is payable, less any cancellation fee paid, unless you show the Engagement arose from a process wholly independent of our work;
• (g) the Shortlist Guarantee and the Repeat Discount do not apply, and a Continuation placement does not count toward the Repeat Discount on any later Search; and
• (h) a replacement search under the Replacement Guarantee starts with the Application Pool at no cost. Advertising it needs is charged under paragraph (e), and if you do not agree to advertising the Role requires, our replacement obligation ends.

7.3 Continuation Fee. A set dollar amount per person Engaged, by Band:

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.