Terms and Conditions
This Agency Agreement applies to our No Placement No fee services for finding locums, and a copy must be signed by all Australian clinics listing a locum job with us. This Agreement does not apply to permanent jobs listed under our Advertising service.
Employment Agency Service Agreement
Between:
SWN Pty Ltd trading as Kookaburra Veterinary Employment (“the Agents”)
And:
The Veterinary Practice (“the Principal”)
Whereas:
a) The Agents have a register of Locum & Permanent Veterinarians, and actively advertise for locum and permanent Veterinarians (“Veterinarians”)
b) The Principal seeks a locum or permanent Veterinarian from time to time.
Terms of Engagement
1. Duties of Agents
The Agents shall use their best endeavours to locate and introduce a Veterinarian to the Principal for such period or periods as required by the Principal from time to time. The Agents will provide (where available & upon request) a resume of the Veterinarian’s experience to the Principal.
2. Engagement of Veterinarian by the Principal
a) As soon as the Principal and a Veterinarian agree to a period of Employment, the Principal shall notify the Agents of the engagement and the name of the Veterinarian, irrespective of the source of the introduction.
b) Within seven days of a Veterinarian introduced by the Agents commencing work for the Principal, the Principal shall pay to the Agents the remuneration referred to in Schedule 1.
3. Further Engagement of Veterinarian by the Principal
It is specifically agreed that where the Principal subsequently engages the same Veterinarian within 12 months of the last engagement arranged by the Agent, then the Principal shall:
(a) Immediately notify the agent of such engagement; and
(b) Within seven (7) days of the Locum Veterinarian commencing work for the Principal, pay the Agents the remuneration referred to in Schedule 1.
4. Warranties and Representations
The Principal agrees that:
(a) The Agents make no warranties or representations as to the experience, competency and capabilities whatsoever of any Veterinarian introduced to the Principal.
(b) The Agents do not provide any warranty or representation as to the accuracy of, or truth of, any information including resumes provided by the Agent to the Principal regarding Veterinarians.
(c) It shall be the sole responsibility of the Principal to interview the Veterinarian and ascertain their experience, capabilities, competency and suitability for the Principal’s practice and available position.
5. Negotiations of Retainer
The Principal acknowledges that the negotiation and agreement as to the terms of the Principal and Veterinarian’s employment, retainer or contract are the sole responsibility of the Principal.
6. No Guarantee
Whilst the Agents will use their best endeavours to find a Veterinarian, the Agents do not guarantee or warrant that a Veterinarian will be found for the Principal and the Agents shall not be liable for any loss or expense incurred by the Principal in this regard.
7. No Claim by Principal
The Principal acknowledges and agrees that it shall not be entitled to make any claim or demand or commence any proceedings whatsoever against the Agents arising out of the negligence or anything done or not done by any Veterinarian introduced by the Agents to the Principal and the Principal shall indemnify and keep the Agents indemnified from and against all losses, damage, and liabilities suffered by the Principal arising out of any introduction of a Veterinarian to the Principal howsoever caused, now or at any time in the future.
8. Term
This Agency Agreement shall continue to bind the parties until terminated by either party giving to the other party notice in writing PROVIDED THAT should the Agents have introduced a Veterinarian to the Principal prior to termination, who subsequently commences work (including on more than one occasion) for the Principal at any time after termination, then the Principal shall pay to the Agents the remuneration referred to in Schedule 1 within 7 days of the Veterinarian commencing work. The Principal’s obligation in this Clause shall terminate twelve (12) months after the date of termination.
9. For the purposes of this Agreement, an “Introduction” shall mean the putting of a Veterinarian in contact with a Principle or vice versa.
10. G.S.T.
It is agreed that:
(a) The consideration for the services provided in this Agreement is inclusive of the Agent’s liability for GST; and
(b) The Agent shall deliver to the Principal a tax invoice for the supply in a form which complies with the GST Act and regulations.
11. This Agreement replaces any previous Employment Agency Service Agreement entered into between the Agent and the Principal.
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