Terms and Conditions of Recruitment of Crew

PARTIES

These terms and conditions (Agreement) are between Champion Enterprises Pty Ltd A.C.N 674 874 518 as trustee for the K.E.C Family Trust trading as Champion Crewing & Concierge (Champion Crewing) and the Client, including any successors or assigns (You / Your).

2.INSTRUCTIONS TO ACT

You will be taken to accept this Agreement by providing all information required by Champion Crewing in writing, at their reasonable discretion, to undertake the Services.
Champion Crewing will not be required to undertake the Services if You do not provide all reasonable information required by them.
Any variations to the terms or requirements of the Services must be in writing and agreed between the parties.

3.ENGAGEMENT AND EMPLOYMENT OF CREW MEMBERS

You are required to immediately notify Champion Crewing when a Crew Member who Champion Crewing has introduced to You accepts an engagement with You for any position within your organisation (including any related organisations, association, company or person), within 12 months of the initial introduction for the Crew Member by Champion Crewing to You.
You acknowledge that any Crew Member supplied is not an employee, contractor or agent of Champion Crewing. Champion Crewing is in no way liable for any act, error, mistake, omission, failure, delay or nature and care of the services or goods provided by the Crew Members. You release Champion Crewing from any liability whatsoever in relation to the Crew Members, including any release of Confidential Information.

4.SUITABILITY OF CREW MEMBERS

You must satisfy yourself as to the background, integrity, qualifications, suitability, right to work, and, where relevant, the medical condition of the Crew Member for the position prior to employing the Crew Member. To avoid doubt, the placement of the Crew Member with You or Your organisation or employment of the Crew Member, rests solely with you in your absolute discretion.
Equal employment opportunity principles shall be adhered to by You in so far as no unlawful discrimination shall take place in job advertisements, job interviews, and the selection process for employment of the Crew Member.
During any probationary period involving a Crew Member, You will endeavour to provide counselling and guidance to improve performance if necessary. You acknowledge that the probationary period allows both You and the Crew Member to have a chance to assess each other and the position and decide whether to continue the working relationship.
Champion Crewing accepts no responsibility for or liability of, Crew Members employed by You as a result of the Services undertaken. You will have control over the employment of any Crew Members recommended by Champion Crewing. Champion Crewing will not be liable for any claim, damage, expense or loss suffered by You or a third party arising from the employment of a Crew Member.

5.REPEAT CREW

You acknowledge and agree that if You engage a Crew Member on a Temporary Crew basis and they become a Repeat Crew, You agree to:
1. Notify Champion Crewing within seven (7) days of the change in type of crew; and
2. In addition to the Fee paid for the placement of the Temporary Crew agree to pay the Repeat Crew Fee as set out in Clause 8.
If you fail to notify Champion Crewing in accordance with clause 5, Champion Crewing has the right to refuse to provide Services and issue you with an Invoice for payment of the Repeat Crew Fee payable in accordance with Clause 8.

6.TEMPORARY CREW TO PERMANENT CREW

You acknowledge and agree that should a Temporary Crew be engaged by You for a period of more than three (3) months on a permanent and full-time basis, then that Temporary Crew ceases to be considered a Temporary Crew and is considered a Permanent Crew.

If 5.1 applies, You agree to:
1. Notify Champion Crewing within seven (7) days of the change in type of crew; and
2. In addition to the Fee paid for the placement of the Temporary Crew agree to pay the Repeat Crew Fee as set out in Clause 8.
If you fail to notify Champion Crewing in accordance with Clause 6, Champion Crewing has the right to refuse to provide Services and issue you with an Invoice for payment of the Transitioned Crew Fee payable in accordance with Clause 8.

7.REPLACEMENT CREW

If a Permanent Crew and/or Seasonal Crew, placed in a permanent position, does not successfully complete the required three (3) month probationary period, a 50% credit of the total Fee, will be applied to a future Invoice for provision of the Services and will be valid for six (6) months from the issue date of the credit (Credit).

8.FEES

You agree to pay Champion Crewing the applicable Crew Placement Service Fee, where a Crew Member is employed or otherwise engaged by You, within 12 months of the initial introduction by Champion Crewing, whether as an employee or in any other capacity. You will not be liable to pay the Crew Placement Service Fee if the Crew Member was already known to You prior to the initial introduction and You provide Champion Crewing with proof of such knowledge. To avoid doubt, a Crew Member is introduced to You if any person introduced by another Crew Member is a Crew Member who Champion Crewing introduced to You in the preceding 12 months.
The fee for the Services is determined on a percentage of the Crew Member’s annual remuneration, including any bonuses,

benefits or allowances. For further information regarding fees', please get in touch.

Champion Crewing reserves the right to charge You, in addition to the fees set out in clause 8.2 above, any Additional Charges (if applicable), and any other fee as agreed in writing by the Parties in exchange for the Services.
The fees are to be paid within fourteen (14) days of the issue of an invoice for the Fees.
Any amounts owed by You under this Agreement that are not paid by the due date can incur interest, from the time the payment was due until the time paid, at a rate of 10% per annum. Any additional fees incurred as a result of engaging a collections company, will also be liable for payment.

9.INTELLECTUAL PROPERTY

Champion Crewing warrants that the delivery of the Services does not infringe any Intellectual Property belonging to any third party and agrees to indemnify You, your employees, directors and agents against all losses, liabilities and legal costs arising directly or indirectly from any infringement of any third-party Intellectual Property rights.

10.TERMINATION

This agreement may be terminated:
1. By mutual agreement between the Parties;
2. By either party providing fourteen (14) days written notice to the other party, this agreement.
Immediately after termination of this Agreement, each Party must:

Return to the other Party all documents, materials, property and information, including Confidential Information; and
Ensure that its legal and financial advisors return to the other Party any documents, materials, property or information including Confidential Information that is held by them; and
Any undisputed fees, expenses, or reimbursements payable by You to Champion Crewing under this Agreement, in respect of any period prior to the date of termination of this Agreement, must be paid by You to Champion Crewing within fourteen (14) days after the Termination Date.

11.GENERAL

In entering into this Agreement, You have not relied on any warranty, representation or statement, whether oral or written, made by Champion Crewing or any of its employees or agents relating to or in connection with the subject matter of this Agreement.
The law of Queensland governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
No express or implied waiver by either party of any term of this Agreement will constitute a waiver unless in writing and signed by the party providing the waiver.
All fees and costs payable under this Agreement are exclusive of GST, which will be added to any invoice issued by Champion Crewing.
All fees invoiced under this Agreement will be invoiced and payable in Australian Dollars.
If any provision of this Agreement at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
The Parties must keep the terms of this Agreement confidential, save for any necessary disclosure to their respective legal and financial advisers, or as compelled by a court of competent jurisdiction.
A Party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

12.DEFINITIONS

Additional Charges means additional fees in respect of costs incurred by Champion Crewing solely as a result of reliance on inadequate or incorrect information or material provided by You or information or material required to be supplied by You later than required by Champion Crewing in order for it to provide the Services within the specified time frame (if any).

Confidential Information means any trade secret, confidential information or commercially sensitive information known or obtained as a result of undertaking the Services, other than when required by law or when the information falls into the public domain.

Crew Members means individuals with the requisite qualifications and/or experience as required by you to be employed by you as either Permanent Crew, Seasonal Crew, Repeat Crew or Temporary Crew.

Crew Placement Service Fee means the fee set out in clause 8.2 of this Agreement.

Intellectual Property means a proprietary or personal right arising from or in connection with intellectual activity connected with the Services. It includes the copyright, design (whether registered or unregistered), trademark (whether registered or unregistered), or rights to any know-how or confidential information of Champion Crewing.

Permanent Crew means any individual who has been employed by You as a crew member and remained employed by You for a period greater than three (3) calendar months.

Repeat Crew means a Crew Member engaged by You as a Temporary Crew and subsequently re-engaged by You following completion of the Temporary Crew placement on up to three (3) occasions.

Seasonal Crew means any individual who has been employed by You on any terms more than one (1) month and less than three (3) months including but not limited to hire on a casual, part-time, or full-time basis.

Services means Champion Crewing recommending Crew Members to the Customer, and providing the relevant information for You to consider to Crew Members for employment.

Temporary Crew means any individual who has been employed, on an independent contractor basis, by You as a Crew Member for You for a period of less than one (1) calendar month.

Termination Date means the date of termination of this Agreement by You or Champion Crewing in accordance with Clause 8.

Transitioned Crew means a Crew Member that was initially engaged by You as a Temporary Crew and was subsequently engaged as a Permanent Crew in accordance with Clause 6.