We’re thrilled you’ve invested in this template, which is made specifically for Australian recruitment agencies.

We’ve brought in all our experience working with agencies across Australia to create a friendly, easy-to-use template just for you.

If you like to work hard to complete documents and feel like the effort equals the investment, you might be in shock! We deliberately don’t want this to be hard to complete so you can get on with the business of matching people with your clients.

So, while it might seem too good to be true, trust us, that’s exactly the point.

We’ve put in the hours, so you don’t have to. This means that in minutes, you will have an awesome, recruiter-made document.

However, our philosophy at Ready Set Recruit Legal is that the best legal document in the world is no good if you don’t know how to use it.

This User Guide provides more information about this template before you customise it so you can be confident in rolling it out.

You will see fill-the-blank sections called ‘Custom’. We have provided some guidance notes to help you fill these in and more detailed instructions below for some sections (see the Completion Checklist).

To replace a ‘Custom’ prompt, simply click on it and insert your text.

These Terms can be used as standalone terms for a retained search assignment or you can use them alongside a Proposal. Clause 1.3 incorporates these Terms into a Proposal.

The Schedule gives you the flexibility to adjust some of your key commercial terms, including payment terms and the replacement period, and include any additional costs where you are providing a more comprehensive search service.

We know how annoying and, frankly, dangerous it can be to start mucking around with the clauses in your terms.

This is how mistakes happen! We provide a table for 'Special Conditions’ so you can easily capture changes to your standard terms in one spot.

Here are some examples of how to write a special condition:

Replacing a whole clause

● Clause XX is replaced by: [insert new clause in a new paragraph]

Adding words to a clause

● Clause XX is amended by adding ['insert all new words inside quotation marks'] after ['insert existing words that will follow the new words']

Deleting words in a clause

● Clause XX is amended by deleting these words ['insert all words being deleted inside quotation marks']

Replacing words in a clause

● Clause XX is amended by deleting these words ['insert all words being deleted inside quotation marks'] and replacing them with ['insert all replacement words inside quotation marks']

Adding a new clause

● The following additional clause is added:

[insert new clause in a new paragraph]

Deleting a clause

● Clause X is deleted entirely.

See clause 6.

You can:

1. charge a new fee if the search criteria change so much you have to commence a new search.

2. retain all fees paid to that point (as permitted by law).

3. charge the balance of the final fee if the client delays a hiring decision for 60 days or more after you present a shortlist.

These terms have been written to best meet the requirements of unfair contract terms laws. We do not recommend one-sided terms commonly found in agency TOBs given the significant penalties that apply to unfair contract terms.

We also believe clear, reasonable terms make good business sense and build customer trust and confidence.

When reviewing and completing your TOBs, keep in mind that an unfair contract term is one that:

1. Creates a significant imbalance in the parties’ rights and obligations under the terms.

2. Is not reasonably necessary to protect the legitimate interests of the advantaged party.

3. Would cause detriment to the disadvantaged party if it were applied or relied on.