EMPLOYER TERMS & CONDITIONS OF MEMBERSHIP

MEMBERSHIP ACCESS TO GLOBAL JOB EXCHANGE POLICY

(With effect from 20 April 2011)

Access to Global Job Exchange is restricted to members only, and there are two (2) categories of members:

1. Employers
2. Recruitment Professionals

To enter the restricted membership areas, you will be required to enter your USER ID and USER PASSWORD. Recruitment Professional members shall not have access to the Employer membership area, nor shall Employer members have access to the Recruitment Professionals membership areas.

PARTIES

These terms and conditions are between Global Job Exchange Pty Ltd and an Employer who accepts the Terms and Conditions of Membership, for the purposes of posting open vacancies and receiving candidate submissions from Recruitment Professionals.

GOVERNING PRINCIPLES

An Employer shall comply with the terms and conditions of membership, including expectations relation to conduct and professional behaviour.

i) Validity of Vacancies

The integrity of Global Job Exchange is paramount and our service is based upon employers accessing the highest quality candidates. Recruitment Professionals approach and submit candidates in good faith and based on the information provided by an Employer. An Employer shall ensure that the promoted vacancy, search criteria, benefits and entitlements are legitimate, current and accurately portrayed.

An employer shall NOT list any vacancy unless it is a genuine and bona fide vacancy, which shall include necessary internal approvals, authority to recruit and permission to accept the submission of candidates from external Recruitment Professionals, wherein a placement fee shall be payable.

ii) Essential Criteria

The Employer recognises that it is a condition of membership for Recruitment Professionals to only submit candidates who satisfy ALL of the stipulated Essential Criteria. The Employer shall ensure care is to be taken when defining Essential Criteria for vacant positions, so as not to exclude potential and relevant candidates.

Where a candidate is submitted who does not satisfy ALL the Essential Criteria, the Employer shall notify Global Job Exchange.

iii) Desirable Criteria

Desirable Criteria shall be defined by the Employer for the purposes of providing Recruitment Professional Members with additional and informative search parameters.

iv) Managing Candidates & Direct Contact with Recruitment Professionals

Once a vacancy has been listed with Global Job Exchange, our Recruitment Professional members are prohibited from directly contacting and engaging with Employers, unless the contact is initiated by the Employer.

Where the Employer reviews a candidate submission and seeks to progress the candidate or request further information, Global Job Exchange shall notify the Recruitment Professional and provide the contact details required. Employers shall be provided access to all candidate details by logging into the members' area of Global Job Exchange. The Global Job Exchange system shall track and monitor candidate submissions and progress. To facilitate the progression of a candidate, the Employer agrees to update the status of a candidate using the Global Job Exchange system, and Global Job Exchange shall immediately notify the Recruitment Professional whenever a change to a candidate is made.

v) Candidate Submissions

A Recruitment Professional member is strictly prohibited from submitting candidates for a vacancy listed on Global Job Exchange directly to the Employer. An Employer shall not accept candidate submission from a Global Job Exchange member outside of the Global Job Exchange system.

vi) Information Disclosure

In the event an Employer withdraws or cancels a vacant position as a result of the position being successfully filled, and the candidate was sourced through an external Recruitment Company, the Employer agrees to disclose the following information within fourteen (14) days upon receipt of the request in writing by Global Job Exchange:

a) The name of the submitting Recruitment Company.

b) The name of the Recruitment Company Representative.

c) The date of the submission of the successful candidate details by the Recruitment Company.

vii) Engagement of Candidates

The Employer must notify Global Job Exchange immediately when the Employer engages a candidate introduced through Global Job Exchange, in any capacity within the twelve (12) month period from introduction. A placement fee shall be payable to Global Job Exchange in such circumstances.

viii) Placement Fees

When positing a vacant position on Global Job Exchange, the Employer will prescribe the maximum placement fee payable for a successful candidate. This shall be a percentage of the Total Annualised Remuneration Package ("TRP").

For the purposes of calculating a placement fee payable, the TRP shall include the base salary, superannuation or pension contributions, and any fixed allowances for which regular payment of cash is received, such as accommodation allowance, travel allowance and other such applicable payments. It shall not include any commissions, bonuses or other applicable 'at risk' payments.

Global Job Exchange shall invoice the Employer upon an offer being made to and accepted by the successful candidate, whether verbal or written. Payment of the invoice shall be due in twenty eight (28) days from the date of the invoice.

Recruitment Professionals are prohibited from invoicing the Employer directly.

ix) Confidential Information

a) All candidate information supplied by Global Job Exchange Members to an Employer is strictly confidential and cannot be provided to a third party without the consent of Global Job Exchange and the submitting Member.

b) Similarly, Global Job Exchange and its Members shall respect the Employer's confidentiality and will not disclose to a third party without the agreement of the Employer, or unless we are legally obliged to do so.

c) Personal information can only be used by Parties for the primary purpose in which it was intended, for example to assess candidate suitability for employment.

d) With regard to any personal information disclosed, the disclosing party warrants that it is legally entitled to possess and disclose the personal information for the purpose of assessing and recruiting potential candidates, unless expressly stated otherwise in writing.

x) Onward Referral

Should the Employer divulge any information concerning a candidate to any other party which results in their engagement in any capacity within twelve (12) months of receipt of their details, the Employer will be liable to pay the placement fee in full in accordance with the fee schedule stipulated when the vacancy was posted.

xi) Candidate Suitability

Recruitment Professional Members of Global Job Exchange shall make every reasonable effort to ensure the authenticity and accuracy of all references, qualifications, professional memberships and medical examination results of candidate(s). Global Job Exchange will however not be liable for any loss, liability, damage, costs, claims, expense or delays, whether caused directly or indirectly by the engagement of the candidate. It is the Employers responsibility to ensure the candidate is adequately supervised and their performance monitored and that they are provided with all necessary information.

Recruitment Professional Members of Global Job Exchange will take all reasonable steps to verify qualifications and job history of each of its candidates. However, Global Job Exchange is not responsible for errors, omissions or incorrect representations in the details provided. It is the Employers responsibility for the final recruitment decision and management of candidate placements.

xii) Liability

Recruitment Professional Members of Global Job Exchange take the utmost care in selecting candidates and contractors suitable for the Employer organisations needs. However, Global Job Exchange does not accept liability for any losses, damages, or effects for which the Client may become liable arising out of or in connection with the recruitment, introduction or ongoing employment of candidates and contractors.

Nothing in this Agreement shall exclude or limit the liability of either party to the extent that the liability was caused, or contributed to, by its negligence acts, omissions or wilful misconduct. Subject to this, the Employer shall hold Global Job Exchange harmless in respect of any claim arising from, or related to any failure or alleged failure of a Candidate to perform his/her duties; or any personal injury or death of any person in connection with the performance of the candidate in his/her obligations; or any damage to persons or property arising from or related to the performance of a candidate in his/her obligations.

xiii) Additional

Any delay or failure to enforce any provision of these terms by either party will not be deemed to be a waiver of the requirements of such provision. Any waiver by either party of a requirement must be in writing and will not be deemed to be a waiver of subsequent breaches of the same or a different kind.

The terms and conditions and all matters arising out of or related to it (including its enforceability) are governed by the laws applicable to the State of Western Australia, Australia. Each party submits to the jurisdiction of the Courts of Western Australia, Australia.

RULES OF USE

When accessing or using Global Job Exchange, Members shall at all times comply with the following Rules of Use:

i) At no time damage, interfere with or harm (or attempt to), the Global Job Exchange site, network or systems or associated sites, including associated social media sites;

ii) Ensure that no content is presented or listed on or through Global Job Exchange that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or anything which infringes copyright or other intellectual property;

iii) Ensure that any vacant position, or candidate submission does not encourage or promote illegal employment;

iv) Ensure that candidate submissions are in compliance with the Terms of Candidate Submission;

v) Ensure all conduct is consistent with the Global Job Exchange Code of Conduct;

vi) Ensure compliance with Global Job Exchange General Terms & Conditions of Membership;

vii) Ensure accuracy and truthfulness of any details and assessments provided regarding an advertised job, or candidate submission.

CANDIDATE GUARANTEE PERIOD

A candidate placed through Global Job Exchange has attached to them a guarantee period of 90 days. Therefore is the candidate leaves the Employer within 90 calendar days of commencement date, and Global Job Exchange is notified in writing within seven days (7) of cessation of employment, the Recruitment Professional shall:

i) endeavour to replace the candidate at no charge to the employer, provided that the termination is not due to retrenchment, company restructuring, or a change of job description, role responsibilities or working conditions;

ii) provided that, in seeking a replacement candidate as prescribed in (i), the Recruitment Professional shall be granted a period of exclusivity of a minimum of four (4) weeks, wherein the employer or a representative on their behalf shall not directly or indirectly seek to replace the candidate;

iii) in the event the Recruitment Professional is unable to provide a suitable replacement as prescribed in (ii), the Recruitment Professional and Global Job Exchange shall, within 30 days repay the sum of the placement fees received for the placement of the candidate.

PRIVACY POLICY

(With effect from 20 April 2011)

Our Commitment to Privacy

Your privacy is important to us and we uphold and comply with the provisions of the Australian Privacy Act 1988 (Cth). The purpose of this policy is to provide details regarding the collection and use of personal information.

Information Collected

This notice applies to all personal information collected or submitted by members and clients when they subscribe for membership, submit candidates or post vacancies. The types of personal information collected are:

Name
Address
Email address
Phone number
Credit/Debit Card Information

How we Use Information

We use the information you provide about yourself when registering as a member, and only to record your membership details and identify yourself. We do not share this information with outside parties except to the extent necessary to administer your membership, and the placement of any candidates with our employer clients.

We use return email addresses and contact details to answer any emails or enquiries we may receive and to keep you informed of new developments, candidate progress, or changes to information affecting your membership. We do not share these addresses with outside parties. We use information provided in the online registration form to confirm the contact email for the membership and activate membership subscriptions. We do not share this contact information with anyone except the recipient listed on the contact form.

We use non-identifying and aggregate information to track and report statistical information regarding the utilisation of the Global Job Exchange website, and tracking of candidate submissions and industry relevant generic information. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Access to Your Information

You can access all your personally identifiable information that we collect online and maintain by contacting us and requesting it. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows such errors.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Contacting us

Should you have other questions or concerns about these privacy policies, please send us an email at administration@globaljobexchange.com

DISCLAIMER

The information contained within Global Job Exchange, including undertakings and representations made by both Employers and Recruitment Professionals are recorded, distributed and reported in good faith, and is solely based upon the information provided to us by each respective party.

Global Job Exchange makes no representation or offers no warranty with respect to the adequacy of the information for any particular purpose. In no event shall Global Job Exchange, its employees, officers and directors, be liable for special, direct, indirect or consequential damages, losses, costs, charges, demands, or claims for lost profits or expenses of any nature or kind.

COPYRIGHT

The content on this website is owned by Global Job Exchange in conjunction with others pursuant to contractual arrangements.

Without written permission, this content may not be reproduced, copied, captured into a database, or duplicated in any form except for downloading for personal use, as permitted under copyright law.

Modification of content, or use thereof, for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

You do not acquire any ownership rights by using this website and associated services.