Recruitment Services (Terms of Business)

Recruitment does not fit inside a general services agreement, and the gaps always show up in the same places. The fee basis. When the fee is triggered. The rebate scale if a placement does not stick. Replacement rights. How long you own an introduction. What happens when a client hires a second candidate from the same shortlist. None of that appears in a standard services agreement, which means it gets worked out after the placement, by email, with nothing in writing to point back to.

Our Recruitment Services Terms & Conditions template is written for the way recruitment agencies actually operate. You get a complete set of terms of business, with a Schedule at the back that carries the commercial variables for each client. You set the terms up once. After that you are only completing the numbers for each new client: fee percentage, rebate scale, payment terms, charge rates and anything you have agreed on exclusivity. You are not rewriting your contract every time you take someone on.

Permanent and temporary, both covered. 

The permanent side deals with your placement fee, what remuneration the percentage applies to, when the fee is triggered, your replacement guarantee and your rebate scale. The temporary side is written two ways, so you keep the module that matches your desk and delete the other:

• On-hire: you employ or engage the worker, pay them, and invoice the client an hourly charge rate.
• Introduction only: the client engages and pays the worker directly, and you charge an introduction fee.

Run one desk or both. If you only do permanent recruitment, delete the temporary section and the document still works on its own.

A negotiation playbook comes with it.

Clients will ask you to change things, and some of those changes cost you money on every placement for the life of the relationship. The playbook rates every clause hold, trade or give, then sets out the client's usual argument, the answer you can give, what conceding costs you, and what to offer instead. It also includes email scripts you can copy, a checklist for when a client sends you their own supplier agreement, and a concession ladder so you know what to give away first.

And the forms that support it.

An introduction clause is only as good as your ability to prove the introduction. The forms pack gives you five short documents that create the record: a role brief and client take-on form, a candidate introduction record you paste into every CV email, a candidate consent and privacy notice, a temporary assignment confirmation, and a placement-end form that gets you the reason in writing before you agree to a rebate.

About the Template 

Developed by seasoned legal professionals, our templates are designed for ease and effectiveness. Each template is clear and user-friendly, allowing you to customise the essential details to align perfectly with your business needs. 

This one is a Guided Edition. Every clause carries a note in plain English: what it does, what to edit, why it matters. You can finish it without a lawyer sitting beside you. 

Drafted for Australia and New Zealand. Where the law differs, you get both versions side by side and a note telling you which one to keep. 

Bonus Links: For extra guidance, check out our blog articles on... 

Hiring casual employees in Australia

Independent Contractor vs Employee

What's included? 

Your template purchase includes: 

• Recruitment Services Terms & Conditions (Terms of Business), Guided Edition, in Word format, including the per-client Schedule 
• Negotiation Playbook, FAQs & Checklists, in Word format: what to negotiate, what to hold, and what it costs you either way 
• Forms Pack, in Word format: role brief and client take-on, candidate introduction record, candidate consent and privacy notice, temporary assignment confirmation, placement-end notification 
• Single user licence to edit, use and reuse the templates as often as you need for your business 
• BONUS: Future template updates 
• BONUS: Video Guide, a step-by-step walkthrough of the template with clear instructions and a few tips thrown in for good measure 

Got questions? Check out our FAQs below. 

What the Terms of Business cover: 

• Terms of Business plus a per-client Schedule, so you set it up once and fill in the variables after that 
• Two ways to use it: publish your terms and get a Schedule signed per client, or send it all as one signed document 
• When your terms start applying, including acceptance by conduct, for when a client moves before the paperwork comes back 
• Your terms override a client's purchase order or supplier portal terms 
• What you check and what you do not, so nobody argues later about whose job the reference check was 
• What the client has to tell you about the role, the remuneration, the award coverage and the hazards 
• Ownership of introductions: the introduction period, hires into a different role, hires through a sister company or another agency, and a prior-knowledge carve-out 
• Placement fees, what remuneration the percentage applies to, and when the fee is triggered 
• An adjustment if the salary is bumped shortly after the placement 
• Replacement first, then a sliding rebate scale, with exclusions so you are not refunding fees when the client restructures or fails to onboard 
• A separate fee for each hire from the same shortlist, with the option of a reduced rate on the second and subsequent hires 
• Exclusivity and retained assignments, including the difference between sole agency and exclusive, and a retainer structure 
• Advertising, background checks and third-party costs, approved in advance and payable whether or not you place 
• Temporary on-hire: charge rates, penalty rates, timesheets and deemed approval 
• A charge rate pass-through, so award, superannuation and statutory on-cost increases do not come out of your margin 
• Work health and safety for temporary workers: site induction, hazard disclosure, a rule against moving a worker onto different work, incident notification, and a right to suspend an unsafe assignment 
• Labour hire licensing and regulated labour hire arrangements, including the information you need from the host and a cost pass-through 
• Assignment changes, unsuitability, a free first shift concession, minimum shift payments and notice periods 
• Temp-to-perm transfer fees, built as a choice between a tapering fee and a further period of hire through you 
• Temporary and contract introductions where the client engages the worker directly, including extension, renewal and conversion fees 
• Worker classification, with a warning about the risks of engaging on an ABN 
• Invoicing, GST, payment terms, no set-off, interest, credit limits and suspension for non-payment 
• Candidate privacy: purpose-limited disclosure, no adding your candidates to the client's talent pool, retention limits, consent for checks, mutual data breach notification 
• Discrimination, including your right to refuse an unlawful instruction 
• Confidentiality, intellectual property in your database and shortlists, and non-solicitation of your staff 
• Consumer rights preserved, a liability cap with carve-outs, and targeted indemnities 
• Insurance obligations on both sides 
• Term and termination, with survival clauses so ending the relationship does not wipe out fees you have already earned 
• Dispute resolution, with debt recovery carved out 
• A Definitions table and a fill-in-the-blanks Schedule 
• A setup checklist for before you use it the first time 

Built for the people who place people. If your business finds candidates and charges a fee for it, this is written for you. 

Who: 

• Recruitment agencies and recruitment consultancies 
• Permanent placement and executive search firms 
• Temp desks and labour hire providers 
• Contract and specialist contract recruiters 
• Solo and boutique recruiters, including anyone who has just gone out on their own 
• Industry recruiters: healthcare, trades and construction, hospitality, warehousing and logistics, admin and office support, tech, marketing and creative, finance 
• RPO and embedded recruitment providers 
• Talent and placement agencies working across Australia and New Zealand

If you: 

• Place candidates into permanent or fixed-term roles and charge a percentage of salary 
• Supply temporary workers on your own payroll and invoice an hourly charge rate 
• Introduce contractors or fixed-term hires for the client to engage and pay directly 
• Want your fee protected when a client hires your candidate months later, into a different role, or through a related company 
• Offer a replacement guarantee or a rebate and want the exclusions to hold 
• Charge separately for each hire from the same shortlist 
• Take on exclusive or retained assignments 
• Need to pass through award, superannuation or statutory cost increases on a long assignment 
• Convert temps to permanent and want a transfer fee clients will accept 
• Are tired of being sent a client's supplier agreement with no idea which three points are worth fighting for 

Purchasing our fill in your blanks templates for you to customise and ensure they suit you and your business needs, utilising our free resources or having a chat with us as part of a consultation doesn't create a lawyer-client relationship between you and Foundd Legal (sorry!). It also doesn't constitute legal advice. Please consult with a lawyer for any questions. 

Our templates have been designed to cater to general contractual needs and, in some cases, specific industry requirements. However, they may not encompass all unique aspects or specific needs of your situation or industry. If you require specific terms, conditions, clauses, or provisions not covered in the template you purchase, we strongly recommend seeking professional legal advice. By using our templates, you acknowledge that they may not fully cover the intricacies of your individual circumstances and agree to modify and adapt the content as necessary to meet your specific requirements. We are not responsible for any omissions or the suitability of any template for your particular needs. 

We do offer templates for countries outside of Australia, you will see on the specific template page which country or countries the template is available for, just make your selection! Unfortunately at this time, we are only offering templates for the countries specified. 

Our templates are however customisable for countries outside of Australia, and whilst they are a good base and potentially save you money getting something created from scratch, it would be prudent to have a lawyer in your country to review the template especially if you have any questions. 

You get a single user licence and can re-use the templates you purchase as many times as you want for your own business needs! But keep in mind we're a small business just like you, offering a service and we need more people like you to help us continue to grow - just like you! So from the bottom of our humble hearts, thank you for making a legit purchase and not sharing! Use of this Site and your purchase of any digital products or downloading of any free resources, are subject to our Terms and Conditions. 

Labour hire licensing and worker classification rules differ between States and Territories and change over time. This template flags where they apply and tells you to check the current position. It does not tell you whether you need a licence, or how a particular worker should be engaged. Please get advice on your own arrangements.