Client Terms and Conditions

Relating to the introduction of permanent staff

1. Definition

   In these terms and conditions and all contracts to which the terms and conditions apply:

   1. 1.1. Hydrogen Group Limited here on in referred to as "Hydrogen", Level 15, 68 Pitt Street Street, Sydney, NSW 2000.

   2. 1.2. "The Client" means the individual firm or company of whatever description in which “Hydrogen” shall supply or offer to supply or introduce any Applicant.

   3. 1.3. "Applicant" means an individual, or where the context so admits a number of individuals or a company, introduced by "Hydrogen" for possible engagement by the Client or a permanent member of staff of "Hydrogen".

   4. 1.4. "Engagement" means

      1. the employment of an Applicant by the Client; or

      2. an agreement between the Client and the Applicant to enter a contract of employment on some later date; or

      3. an agreement by the Client to remunerate an Applicant; or

      4. an agreement by the Applicant to accept employment or remuneration from a third party to whom he was referred by the Client (whether with or without the consent of “Hydrogen”).

   5. 1.5 "Remuneration" means the gross aggregate of salary fees, payments weighting and other taxable emoluments of all description payable to or receivable by the Applicant for services rendered to the Client or any third party in the period of 12 calendar months from the date of engagement or the date of commencement of provision of services by the Applicant whichever is the later.

   6. 1.6 "Settlement Period" means 14 days from the date of invoice.

   7. 1.7 "Interest" means 2% per annum above Reserve Bank Australia base rate.

2. Acceptance of Terms

   Unless other terms have been specifically agreed and signed by Hydrogen and the Client in writing, the Client shall be deemed to have accepted and be bound by these terms and conditions:

   1. 2.1 When it interviews an Applicant, whether on the premises of the Client or otherwise; or

   2. 2.2 When it engages an Applicant; or

   3. 2.3 When an engagement is made between a third party and an Applicant as a direct or indirect consequence of an introduction made by or on behalf of "Hydrogen"

3. Client’s Obligation

   The Client shall:

   1. 3.1 Notify "Hydrogen" of any engagement made whether such engagement is made at the time of such introduction or within 6 months after the last interview arising from such introduction.

   2. 3.2 Fully disclose to "Hydrogen" the remuneration to be paid to the Applicant and its means of calculation.

   3. 3.3 Pay the fee together with GST thereon at the rate for the time being in force within the settlement period and in default thereof pay interest thereon from the date of invoice to the date of actual settlement.

   4. 3.4 Not at any time during the Term of this Agreement attempt to solicit any employee or officer of Hydrogen with a view of offering or giving alternative employment, engagement or otherwise for the said officer or employer.

   5. 3.5 Visas:

      • The Client is responsible for Work/Business Visa sponsorship for the placement of permanent staff.

      • The costs incurred by the acquisition of Work/Business sponsorship is the responsibility of the client.

4. Fee Structure:

   All permanent placement fees are based on the remuneration package. Wherever applicable, the remuneration package includes base salary, allowances, superannuation and benefits that present cash in alternative forms. The following percentages apply to the remuneration package:

   Remuneration Package:
   Up to $100, 000 (AUS)	20%
   Over $100,000 (AUS)	25%

5. Abatement of Fees

   1. 5.1 In order to qualify for the following abatement, the Client must pay Agency's fee within 14 days of the date of invoice.

   2. 5.2 If the Engagement is terminated the Client must notify "Hydrogen", in writing, of the termination within 7 days of its termination.

   3. 5.3 In the event of termination of an engagement within 3 calendar months of its commencement "Hydrogen" shall subject to a free replacement in accordance with the following scale:

      Period of Employment	Credit Allowed
      1-3 Months	Free replacement

   4. 5.4 "Hydrogen" shall not be liable to abate a fee unless:

      1. Hydrogen's invoice in respect of the engagement shall have been paid in the settlement period.

      2. Notice of the termination shall have been given in writing by the Client to “Hydrogen” within 7 days of such termination and:

      3. Documentary evidence of termination is produced to "Hydrogen" by the Client.

      4. The termination is not due to redundancy or the liquidation, bankruptcy, dissolution or amalgamation or reorganisation of the employer or change of job specification.

6. Confidentiality

   1. 6.1 "Hydrogen" and the Client shall ensure mutual confidentiality exchanged for the purpose of effecting an engagement; and

   2. 6.2 The Client shall not without the consent of "Hydrogen" provide information in respect of the Applicant to any third party whether for employment purposes or otherwise.

   3. 6.3 "Hydrogen" shall not without consent of the Client provide to any third party information in respect of the Client or its business or undertaking.

7. Hydrogen's Obligation

   1. 7.1 Whilst "Hydrogen" shall use its best endeavours to ensure that each Applicant introduced by it to the Client is suitable for the post offered by the Client, the Client alone is responsible for the verification of reference obtained and the selection of Applicant(s) to whom offers of engagement are made.

   2. 7.2 "Hydrogen" shall not be liable for any loss or damage incurred by the Client by virtue of the act, omission or default of any Applicant.

   3. 7.3 "Hydrogen" shall not at any time during the Term of this Agreement attempt to solicit the business of the client directly, or attempt to contact any officer or employee of the Client for the purpose of gaining information as to the recruitment requirements of the Client, or for the purpose of attempting to entice away or solicit any officer of employee with the Client with a view of offering or obtaining alternative employment, engagement or otherwise for the said officer or employer.