Client Agreement

These are the terms and conditions to which you agree to access our online platform to obtain suitable employees for your business and forms part of your Client Application.

Definition of terms

In this document we will be using the following terms, which are defined as follows:

  1. TOTM/we/us refers to the business known as Gavin Stocks Consulting Pty Ltd, trading as Techs On The Move ABN: 86 141 480 837 located at 401/56 Bowman Street, Pyrmont NSW 2009, Australia.
  2. Client/You refers to any person or entity that has registered and been accepted to access the Candidate Pool. Where an organisation has multiple entities, acceptance of these Terms and Conditions will be required by the controlling entity, and use is limited to only associated entities.
  3. Candidate refers to any person who registers on the TOTM platform to source employment in Australia via the Candidate Pool and is introduced to a client by TOTM.
  4. Candidate Pool refers to the TOTM online platform on which candidate information is displayed to enable interested employers to contact them.
  5. Expressed interest refers to digital request from a client to TOTM to provide contact details of a candidate.
  6. Under-Offer-Notice indicates that a candidate’s contact details are unavailable due to discussions with a client regarding possible employment.
  7. Under-Contract-Notice indicates that a candidate’s contact details are unavailable due to the candidate having accepted an offer of employment.
  8. Privacy refers to the TOTM Privacy Policy. TOTM is committed to personal privacy and adheres to the Privacy Act (Cth) 1988. Our Privacy Policy is outlined in full here and undertakes to use all information in accordance with this policy. As part of this Agreement each client undertakes to use all information in accordance with this policy.
  9. Subscription refers to the payment of the prescribed fee for a client to access the Candidate Pool to peruse skilled candidates for an agreed period.
  10. Subscription expiry refers to the expiration of the subscription.
  11. Subscription auto renewal refers to the auto renewal of your subscription after the elapse of a subscription period.
  12. Subscription termination period refers to required notification to be provided to us to cancel your subscription prior to your subscription being auto-renewed.
  13. Candidate Fulfilment fee is the fee payable by the client upon the engagement of a suitable candidate.
  14. Engagement is defined as when a client or related party agrees with a candidate to form a legal relationship, in this instance having agreed to terms of employment through the co-signing of a contract or similar, which may be conditional upon employer sponsorship for visa purposes.
  15. Terms of employment is defined as a contract of employment which complies with all requirements imposed by Commonwealth, State or Territory law relating to employment including, if applicable, the National Employment Standards of Australia.

Terms and Conditions

  1. These Terms and Conditions will apply to and in respect of every candidate introduced by TOTM by any means and at any time to you, whether directly or through a third party.
  2. Upon completion of a Client Application and upon acceptance by TOTM and payment of the Subscription fee, you become a client. You will then be granted access to the Candidate Pool where you may peruse skilled candidates seeking employment in Australia.
  3. Your use of the Candidate Pool platform does not confer any intellectual or property rights to the platform and you agree:
    1. All files delivered to TOTM to be free of infection or viruses; and
    2. the platform will only be used in accordance with the terms of this agreement.
  4. Once you have made an offer of employment to a candidate, the candidate’s status will be classified as Under-Offer-Notice for five (5) business days after such offer. That notice will be determined according to business days as set out in the New South Wales Government Gazette.
  5. You undertake to provide to the Candidate and TOTM a copy of the terms of employment. Only when copies of these terms of employment have been received by our office will we update the candidate’s status to Under-Offer-Notice.
  6. Once a candidate has been placed on an Under-Contract-Notice, you agree that you become liable for any fees for service due to TOTM should that candidate be employed by either the client or any related entity, at any time and in any manner whatsoever.
  7. If the client does not advise TOTM of the acceptance of an offer of employment made to the said candidate at the end of the Under-Offer- Notice, then the candidate will be returned to the Candidate Pool and be available for contact by other clients.
  8. You accept that TOTM is dependent upon the information supplied to it by candidates, which is placed on the Candidate Pool in good faith by TOTM.
  9. You accept that you must undertake all due diligence and indemnify and hold safe TOTM from any liability, damages or losses a client may incur on reliance upon such information, provided by a candidate including his/her visa status to work in Australia.
  10. When a candidate accepts an offer of employment from you, you become at that time liable to TOTM for the payment of the Candidate Fulfilment Fee and are bound by this Agreement to notify TOTM within 2 business days of such an occurrence. Where the candidate requires employer sponsorship, you must also notify TOTM in writing of your intention to employ our migration services.
  11. Upon such notification, the Candidate Fulfilment fee becomes immediately due and payable.
  12. You accept that the decision to employ a candidate is your responsibility and TOTM has no responsibility for that decision, or for any costs whatsoever incurred by you in that employment process, including and not limited to the relocation or accommodation costs of candidates, nomination or visa applications, engagement of migration agents (including TOTM Migration), or for any nomination or visa application outcomes that prohibit a candidate’s commencement of their employment agreement.
  13. All fees are detailed in a separate fee schedule, available on request, which is subject to amendment without notice.
  14. You confirm that once a candidate commences employment with you, the candidate is subject to your control and direction.

Candidate Pool

  1. We undertake to use our best endeavours to ensure the Candidate Pool is available for access by Clients. At times the platform may be unavailable due to maintenance and updates which will be limited to the minimum time required.
  2. Despite our best endeavours we cannot warrant that the Candidate Pool will be generally available and error free. We, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Candidate Pool (except where excluded by legislation).
  3. You accept that it is your responsibility to ensure that you have the necessary computer hardware and a suitable Internet browser to access and utilise the Candidate Pool.
  4. Your data stored on the Candidate Pool is your data and not the property of TOTM.
  5. By use of the Candidate Pool you grant us a perpetual, non-exclusive irrevocable licence for any stored data to be used anonymously to:
    • manage internal reporting requirements;
    • collate statistical information about use of the Site and submission of online applications;
    • analyse user behaviour on the Site;
    • obtain and analyse high level trends and prepare reports relating thereto; and
    • generally improve the candidate user experience.

Cancellation, Termination and Auto-Renewal of annual subscriptions

It is acknowledged and agreed by the Parties that upon either the cancellation or the termination of this Agreement the obligations with respect to the Privacy Policy remain along with any obligation under law. This occurs under the following conditions:

  1. You are at liberty to cancel this agreement with one month’s written notice, however no compensation will be granted by TOTM, for any such cancellation.
  2. TOTM must be notified in writing of a decision to terminate the Agreement no less than twelve (12) weeks before the date of your subscription expiry.
  3. Unless you provide at least twelve (12) weeks’ notice that you wish to terminate your subscription before the expiry of your subscription, your subscription will be auto-renewed without notice to you and your fee deducted from your credit card on the expiry date of your current subscription.
  4. In the event that you breach any of the terms or conditions of this Agreement, the Agreement will be deemed to be terminated forthwith, without any compensation whatsoever, for any term remaining with respect to your subscription. This will occur solely at the discretion TOTM and you hold TOTM hold safe from any liability, damages or losses you may incur as a result of such action.
  5. No term of this Agreement merges on the termination of this Agreement.

General Provisions

  1. By signing this Agreement you acknowledge that TOTM is an independent service provider and this agreement cannot be construed as creating a relationship of partnership, employment or joint venture.
  2. This Agreement covers the entire agreement between the parties and the parties acknowledge that in agreeing to enter into this Agreement, they have not relied on any representation, undertaking or oral term except as those set out in this Agreement.
  3. This agreement is governed in accordance with the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that place and all courts which have jurisdiction to hear appeals from those courts.
  4. All information supplied by TOTM is current at the time of its provision. The government at its discretion may amend the Migration Regulations, for which TOTM cannot be held responsible or in breach of the services described in the terms and conditions. If any change in the Regulations impacts upon your subscription to our Candidate Pool, TOTM will advise you promptly and assist you wherever possible, though this does not extend to any form of refund or credit.
  5. We may vary the terms of this Agreement at any time. If the terms are varied we will publish such notice on our website. Upon such notice you accept that we have provided sufficient notice of the variation of terms.
  6. In the event of any dispute the parties agree to proceed by way of mediation prior to any litigation before a mediator recognised in the state of New South Wales, Australia.
  7. The clauses in paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable. The remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  8. The parties respect the confidentiality of all information and confirm that they will act in conformance with the TOTM Privacy Policy.
  9. You may not assign or transfer any rights and obligations pursuant to this Agreement to any other person or entity without TOTM’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

Contact Us

Privacy Officer: Gavin Stocks
Address: Shop 2, 2 Young Street, Annandale, NSW 2038
Email: [email protected]
Phone: 02 9550 0879
Post: PO Box 59, Westgate, NSW 2048, Australia