Introduction Fee

Contexto Introduction Fee and Replacement Guarantee Policy  

Introduction Fee and Replacement Guarantee Policy

Last Updated: May 25 2018

We love it when our Clients are so impressed with their Talents that they want to hire them!

1. Capitalised terms used in this Introduction Fee and Replacement Guarantee Policy (Policy) and not otherwise defined have the same meaning as given to them in the Client Terms.
2. Pursuant to the Client Terms, for so long as you:
   1. are registered with Contexto (and for 12 months after any such registration ceases); and/or
   2. engage with a Talent made available by Contexto (including by providing information to you regarding a Talent, enabling you to identify a Talent or otherwise causing a Talent to be introduced to you),

you, your employees, agents, representatives or its related entities must not offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a contract for reward (directly or indirectly) with a Talent for the performance of services, in any way other than through the Contexto Services, unless you pay Contexto the Introduction Fee in accordance with this Policy. This applies whether or not you already know the Talent.

3. However, if you would like to directly employ a Talent or engage with a Talent directly (in other words "Directly Hire the Talent​") the Introduction Fee is payable to Contexto in accordance with this Policy and the following terms apply: (see also our Client Terms).

Scenario 1: Direct Hiring of the Talent after a Consultation has commenced
Where the Client wishes to Directly Hire the Talent, the Introduction Fee (see below) applies. The Replacement Guarantee (see below) also applies but the Replacement Guarantee period will commence on the first day of the relevant Consultation, and will cease 2 months thereafter.

Scenario 2: Direct Hiring of a Talent in any other circumstances
Where the Client wishes to Directly Hire the Talent in any circumstances other than those described Scenario 1 (Direct Hiring of the Talent after a Consultation has commenced), the Introduction Fee applies. The Replacement Guarantee also applies.

Replacement Guarantee

4. If a Talent doesn’t work out, Contexto will (subject to the conditions in clause 5 below) source you a new candidate to replace the Talent:
   1. In the case that the Client Directly Hires the Talent, this replacement guarantee ​will apply for that Talent from the date the Client Directly Hires the Talent until 2 calendar months thereafter (unless otherwise provided for in this Policy or the Client Terms); and/or
   2. In the case of a Talent providing a Consultation, this replacement guarantee will apply for that Talent from the date the Talent commences the relevant Consultation until 2 months thereafter, (the "Replacement Guarantee")
5. The following conditions apply to the Replacement Guarantee:
   1. The Introduction Fee invoice and all Consultation invoices (as applicable) have been paid;
   2. Termination is not due to:
      1. restructuring of the role, redundancy or redeployment or the Client exiting a crucial business area, sale of the business or company or acquisition of another firm or material change of ownership; or
      2. The individual leaving of their own accord for any reason or a significant change in the job specification or because of misleading representations with respect to the position, its budget, duties, responsibilities, reporting lines or relationships etc;
   3. We are given exclusive rights to source the replacement candidate;
   4. The Client has acted reasonably and in good faith in determining that the Talent has not worked out;
   5. The Talent commenced work with the Client less than 2 months prior to the Client's request for a Replacement Guarantee (i.e after 2 months' engagement provided by the Talent, it's fair to say the Client should know if the arrangement will work out);
   6. If Contexto is unable to source the right replacement Talent or candidate during the Replacement Guarantee period, we will:
      1. In the case described paragraph 4(a) above, apply the full amount of the Introduction Fee in reduction of future Service Fees incurred by the Client for services provided by Contexto; or
      2. In the case of paragraph 4(b) above, for every week that the Talent’s role remains unfulfilled up to a maximum of 4 weeks, Contexto will apply any Service Fees (as calculated by Contexto on a weekly equivalent basis) that the Client has already paid for the relevant Consultation, in reduction of future Service Fees incurred by the Client for services provided by Contexto; and
   7. If the Talent does not work out and the Client does not want to fill the role, the Introduction Fee (or in the case of 4(b) above the Service Fees) shall not be refunded or applied in reduction of future Service Fees.

Introduction Fee

6. Our Introduction Fee ​is 20% of the total projected first year remuneration package for the Talent (including base salary, superannuation, guaranteed bonus and any other benefits provided to the Talent) or if the Talent or individual is retained under an independent contract or consultancy services agreement, 20% of the total project first year of services fees and benefits payable under that agreement, and is exclusive of GST (or otherwise such other rate or amount as you and Contexto may agree in writing).
7. Payment of Introduction Fees: Contexto will issue a tax invoice for the Introduction Fee upon the Talent or candidate accepting an offer from the Client. The Client must pay the Introduction Fee within 14 days of the invoice.
8. If you wish to Directly Hire the Talent on a casual employment arrangement, the Introduction Fee shall be 20% of the wages paid to that Talent (Casual Introduction Fee​) (or such other rate or amount as you and Contexto may agree in writing). The Client shall provide Contexto with a monthly report evidencing the number of casual hours worked and paid for the prior month, by the 5th day of each month. The Casual Introduction Fee will be invoiced by Contexto and must be paid by the Client within 14 days of the date of the invoice. There is no replacement guarantee applicable where you Directly Hire the Talent on a casual employment arrangement.

If you have any questions or enquiries in relation to this Policy, kindly email projects@contexto.global or call our team.

End of Introduction Fee Policy