1. Introduction

    1. We are very pleased to offer these Shortlist Terms (Terms) to you for the matching and shortlisting of the best fit Job Seekers to meet your requirements (Matching Services).

    2. Please take the time to read through our simple Terms set out below and we can get started!

    3. These Terms become effective when you click “Accept” or request and e-sign for a shortlist, whichever occurs first.

    4. Where you “Accept” or “sign for” these Terms on behalf of your company or organisation, you warrant that you have the capacity and authority to enter these Terms on behalf of your company and agree the company or organisation will be bound by these Terms as the Client.

    5. We may amend these Terms by notifying you in writing (including by email). Where you access the Hatch Platform after any changes to our Terms. This will amount to acceptance of the new Terms.

  2. Our Job

    1. Hatch is responsible for the following in relation to the Matching Services:

      1. understanding the requirements of your Role based on the information you provide to us;

      2. assessing and matching Job Seekers who apply for a Role;

      3. subject to clause 2(b) below, delivering to you a Shortlist of “matched” Job Seekers for each Role;

      4. providing timely and transparent communication to Job Seekers regarding the success of their application up until the point the Client has received a shortlist; and

      5. maintaining our technology platform to enable a seamless shortlisting experience for you.

    2. Hatch is not responsible for the volume and quality of applications received for a Role.

    3. Hatch may, at its discretion, remove a Shortlist from your account 60 days after the Role is filled.

  3. Your Responsibilities

    1. The Client is responsible for the following:

      1. providing the information to inform the assessment requirements for any role for which you wish to use the Matching Services of Hatch;

      2. selecting which shortlisted Job Seekers you wish to interview, conducting the interviews, making offers of employment and/or engagement and communicating to unsuccessful Job Seekers that they were not successful;

      3. confirming each Job Seekers qualifications, skills, training and experience, and any other information reasonably required by you to make a job offer to a Job Seeker;

      4. confirming the working rights of Job Seekers;

      5. complying with your obligations to any Job Seeker, pursuant to all relevant laws, including laws relating to workplace or occupational health and safety, discrimination and harassment;

      6. the payment of all amounts to any successful Job Seeker under the terms of any relevant industrial instrument, law or contract with respect of their employment with you;

      7. informing us within 4 weeks of the outcome of each Shortlist provided by Hatch, including which Job Seeker(s) were interviewed, which Job Seeker(s) were offered a role and which Job Seeker(s) accepted a role; and

      8. maintaining the confidentiality and privacy of information we provide to you about Job Seekers, whether written or verbal.

  4. Our Charges

    1. Our fees are as set out on our ‘Pricing’ page of our website here. These fees, as amended from time to time, are incorporated into these Terms.

    2. Billing information must be provided to Hatch prior to a Shortlist being viewed.

    3. If you request two or more changes to the Role which result in changes to the assessable items after the Role has gone ‘Live’ Hatch can, at its discretion, charge you for another equivalent role (i.e another Shortlist).

    4. We reserve the right to amend our fees from time to time on the giving of written notice (including by email) to you, however any changes to fees will not impact any pre-purchased Shortlists but will apply to any future non pre-purchased Shortlists after written notice is provided.

    5. All fees are exclusive of GST and any other applicable taxes and duties, unless otherwise expressly stated. You are responsible for paying the amount of any such taxes or duties that may apply.

    6. We may change, suspend or terminate your right to use no-charge services at any time.

  5. Payment Terms

    1. To receive Matching Services, you will be required to provide a valid payment method or other payment information (such as your credit card details).

    2. You may elect to pay for the Matching Services by:

      1. Direct Debit – your nominated credit card will be debited at the time a Role goes ‘Live’. For pre-purchased packages of five (5) or more Shortlists your nominated credit card will be debited at the time the first Role goes ‘Live’;

      2. Invoicing Arrangement – we will issue you with a tax invoice which specifies the Shortlist(s) purchased by you. This invoice is payable within 14 days. If you do not pay the invoice within 14 days, we are entitled to charge interest on unpaid amount of 1% per month or part thereof that an invoice remains outstanding and shall also be entitled to withhold the provision of any further Shortlists until such time as all outstanding invoice(s) have been paid by you.

    3. Fees are incurred at the time when you accept a Shortlist quote.

    4. If you need to amend your payment arrangements, please contact partners@hatch.team. If you believe we have billed incorrectly you must contact us no later than thirty (30) days after the date the invoice was issued to receive an adjustment or credit, where appropriate in the circumstances. All invoice enquiries should be directed to partners@hatch.team

  6. Privacy and Confidentiality

    1. In using our Matching Services, you will be provided with, and will have access to, Personal Information of Job Seekers. You agree that you will at all times comply with the Privacy Act 1988 (Cth), in respect of all Personal Information you are provided or have access to.

    2. Without limiting 6(a) above, you acknowledge and agree that Job Seekers may have the right to withdraw their consent to the use of their Personal Information at any time and we reserve the right to remove such Personal Information from your account.

    3. For more information on our approach to privacy and Personal Information please refer to our Privacy Policy.

    4. So far as the law allows, you must maintain the confidentiality of any Confidential Information. You must not use or disclose Confidential Information that we communicate to you without our prior written consent. For the purposes of this sub-clause you may use Confidential Information that we have communicated to you about Job Seeker for the purposes of recruitment and selection.

    5. We will refrain from:

      1. disclosing any information about these Terms or any Confidential Information received from you;

      2. using, copying or disclosing your Confidential Information other than for the purposes of performing the Matching Services; and

      3. requiring any Job Seeker to divulge any information in relation to any matters on which Job Seeker may have obtained from you.

  7. Intellectual Property and Posted Content

    1. We own all Intellectual Property relating to the Matching Services, the Hatch Platform and any Hatch Materials developed in connection with the Matching Services.

    2. You must not use the Intellectual Property for any purpose other than as is required for use of the Hatch Platform under these Terms.

    3. You own any Posted Content made or used in connection with the Matching Services.

    4. So that we may provide the Matching Services, you:

      1. agree to grant us an unconditional royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all intellectual property that forms all or part of the Posted Content; and

      2. consent to us displaying your name and/or logo on the Hatch Platform in the context of the Matching Services.

    5. You agree to indemnify and keep us indemnified from and against any claims arising from the Posted Content, including without limitation, any breach of intellectual property rights.

  8. Exclusions

    1. We will not be liable for any claims arising directly or indirectly from the recruitment, selection or engagement of a Job Seeker.

    2. Without limiting 8(a) above, we are not responsible for any loss suffered by you if you do, or do not, decide to hire a Job Seeker from a Shortlist. The hiring decision rests with you and we do not provide any replacement guarantees for the Matching Services.

    3. We will not be liable for any loss or damage you may suffer arising from a Job Seeker exercising their rights with respect to their Personal Information.

    4. Because any successful Job Seeker will work under your direct engagement, control, supervision:

      1. we make no representation or guarantee that they will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal; and

      2. we will not be liable to you for, and you will hold us harmless against any liability for damage, loss or injury of whatsoever nature or kind, or any other claims however caused whether directly or indirectly, by the acts or omissions of one or more successful Job Seekers (including their servants or agents) whilst they are working under your control, supervision or direction, including but not limited to, as a result of the successful Job Seeker’s negligence.

    5. Without limiting 8(d), we will not be liable for any claims arising directly or indirectly from the misconduct or dishonesty of a Job Seeker, or a failure by any Job Seeker you engage to perform work for you with due care and skill.

    6. Our liability for any breach of a term implied in these Terms by any law will be limited, at our option, to providing, or paying the costs of providing, the Matching Services again for the Role.

  9. General

    1. Our obligations are limited to providing Matching Services through our ‘person-job-fit’ matching technology. We do not act on your behalf in the recruitment and selection for any Role and do not offer roles to any Job Seeker.

    2. If you decide to employ a Job Seeker based on a Shortlist provided by Hatch, any engagement will be directly between you and the successful Job Seeker. We will not employ or otherwise engage a successful Job Seeker on your behalf.

    3. Nothing in these Terms will be deemed to create a partnership, joint venture, or relationship of agent between you and us.

Definitions

Role

means any role (whether advertised or not) available with a Client, including any role in which Hatch uses its talent matching technology to match Job Seekers with a Client and / or any role where Hatch may put forward a Job Seeker to a Client.

This includes any role advertised on the Hatch Platform or any role advised by the Client through another source (e.g. LinkedIn, Indeed or Seek) with a unique Hatch link embedded in the advertisement.

Client, you or your

means the entity to whom these terms were provided and who accepted them by actioning in accordance with clause 1 of these Terms and, where the context indicates, a related body corporate of that client.

Confidential Information

means any information which either party accesses or which is communicated in the course of our engagement and which is identified as confidential; or which either party should reasonably expect to be confidential. It includes, but is not limited to: any trade secrets or information relating to customers, or clients; customer requirements; employees and officers, employees of clients or customers; suppliers; terms of trade; pricing lists or pricing structures; marketing information and plans; intellectual property; inventions; business plans or dealings; technical data; financial information and plans; designs; product lines; research activities; software and the source code of any such software, of ours.

It does not include information that is generally available in the public domain unless by unauthorised use or disclosure or which you are required to disclose by law.

GST

has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Hatch Materials

means all works, documentation, ideas, concepts, designs, inventions, developments, improvements, systems or other material or information, created, made, discovered or supplied by Hatch in connection with the Matching Services.

Hatch Platform

means Hatch’s talent matching platform used by you to identify talent and used by Job Seekers to be matched with a role.

Intellectual Property

means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, trade secrets and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights all renewals and extensions of these rights and all rights in the nature of these rights, such as Moral Rights.

Moral Rights

means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature, that exist, or may come to exist, anywhere in the world in all Materials made or to be made by Hatch in connection with the Matching Services.

Personal Information

means information or an opinion whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Job Seeker or Job Seekers

means any individual that signs up for the Hatch Platform to view, explore or search for work opportunities including, without limitation, any person who applies for a Role.

Live

means the point at which the first submitted’ application is logged in the Hatch Platform for the Role.

Posted Content

means any content created and displayed in connection to the Role.

Shortlist

means the shortlist of Job Seekers that we match to your Role using our matching technology.

Us, our, we or Hatch

refers to Hatch People Pty Ltd. ABN: 62 618 211 484. www.hatch.team

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