Terms and Conditions
Effective Date: 22 January 2025
These Terms and Conditions ("Agreement") govern the use of services provided by KindiCover Pty Ltd ABN 83 680 200 873 ("KindiCover," "we," "our," or "us"). By accessing or using our services, you agree to be bound by this Agreement. If you do not agree to these Terms and Conditions, please do not use our services.
1. Definitions
- "Client"means any person, company, or organization that engages KindiCover to provide staffing or recruitment services.
- "Candidate" means any individual who is registered or applying for work through KindiCover.
- "Services" refers to the recruitment and staffing services provided by KindiCover, including the provision of candidates to clients and the assistance to candidates in securing employment.
2. Services Provided
KindiCover offers staffing and recruitment services, which may include but are not limited to:
- Matching candidates with appropriate job opportunities for clients.
- Providing recruitment and talent acquisition services to businesses.
- Assisting candidates in finding, applying for, and securing employment.
- Providing temporary, contract, or permanent staffing solutions to clients.
3. Client Responsibilities
As a client of KindiCover, you agree to:
- Provide accurate, complete, and up-to-date job descriptions, specifications, and any other relevant information required to ensure the proper placement of candidates.
- Pay KindiCover for the services rendered according to the agreed terms and conditions.
- Not engage directly with candidates introduced by KindiCover for a period of 12 months from the date of introduction, unless agreed otherwise.
- Ensure a safe and compliant working environment for any candidates placed by KindiCover.
- Maintain compliance with all relevant laws, regulations, and workplace standards when employing candidates sourced through KindiCover.
4. Candidate Responsibilities
As a candidate of KindiCover, you agree to:
- Provide accurate and complete information regarding your qualifications, employment history, and personal details.
- Respond promptly to job opportunities, interviews, and communications related to the recruitment process.
- Notify KindiCover if you accept any job offers facilitated through our services.
- Abide by the terms and conditions set forth by KindiCover when participating in job placements.
- Comply with the rules and policies of any client where you are placed, including health and safety guidelines.
5. Fees and Payment
- Client Fees: Clients agree to pay KindiCover the fees outlined in the service agreement or quote provided to them. Payment is due in accordance with the payment terms specified in the agreement.
- Late Payment: KindiCover reserves the right to charge interest on any overdue amounts at the rate specified in the service agreement. All payment disputes must be raised within 7 days of receipt of the invoice.
6. Confidentiality
- KindiCover agrees to maintain the confidentiality of all client and candidate information, except where disclosure is required by law or necessary to fulfill our services.
- Clients and candidates must keep confidential any proprietary or sensitive information they receive from KindiCover or its clients during the recruitment process.
7. Intellectual Property
All content, materials, and services provided by KindiCover, including but not limited to job postings, candidate profiles, and recruitment tools, are protected by intellectual property laws. Clients and candidates agree not to reproduce, distribute, or use any KindiCover materials without prior written permission, unless expressly authorized.
8. Limitation of Liability
KindiCover makes no guarantees regarding the success or suitability of candidates for any particular position. While we will use reasonable efforts to provide candidates who meet the specified job requirements, we do not guarantee that a candidate will remain in the position for any specific period of time.
KindiCover will not be held liable for:
- Any loss, damage, or claim arising from the placement of candidates.
- Any indirect, incidental, special, or consequential damages.
- Any failure to perform our obligations due to circumstances beyond our reasonable control (e.g., force majeure events).
9. Termination
- KindiCover may terminate this Agreement immediately if the client or candidate breaches any of these Terms and Conditions.
- Either party may terminate the Agreement with written notice, subject to the payment of any outstanding fees owed to KindiCover for services rendered prior to termination.
- Clients agree not to directly hire any candidate introduced by KindiCover for a period of 12 months after the termination of this agreement without paying the applicable placement fee.
10. Indemnity
Clients and candidates agree to indemnify and hold KindiCover harmless from any and all claims, losses, damages, liabilities, and costs (including legal fees) arising from their breach of these Terms and Conditions, negligent conduct, or failure to fulfill their obligations under the agreement.
11. Privacy and Data Protection
KindiCover is committed to protecting the privacy and personal information of its clients and candidates. All personal data collected by KindiCover will be processed in accordance with our Privacy Policy, which is available on our website.
12. Force Majeure
Neither KindiCover nor the client or candidate shall be liable for any failure or delay in the performance of their obligations under this Agreement if such failure or delay is caused by events beyond their reasonable control, including but not limited to natural disasters, war, strikes, pandemics, or government actions.
13. Dispute Resolution
If a dispute arises between KindiCover and a client or candidate, both parties agree to attempt to resolve the issue through informal negotiations. If a resolution cannot be reached, the dispute will be referred to mediation or arbitration in accordance with the laws of Australia.
14. Amendments
KindiCover reserves the right to amend these Terms and Conditions at any time. Any amendments will be posted on our website, and the updated terms will apply to all subsequent services provided. It is the responsibility of the client or candidate to regularly review these terms.
15. Governing Law
This Agreement is governed by the laws of Australia. Any legal action or proceedings relating to this Agreement shall be conducted in the courts of New South Wales or relevant jurisdictions.
16. Contact Information
For any questions regarding these Terms and Conditions, please contact us:
KindiCover Pty Ltd
admin@kindicover.com.au