Recruitment Terms of Business


★ Make sure you get paid

★ Clearly outline your terms with clients, including services, commission and payment terms

★ Peace of mind that your recruitment business is legally protected

★ Drafted in plain English by Australian lawyers

★ Complete our Recruitment Terms of Business template in under 10 minutes

What are Recruitment Terms of Business?

Recruitment Terms of Business set out the legal agreement between a recruitment agency and your clients, and how you will recruit candidates.

This contract covers all of the important aspects of your agreement, including:

🔹 the services you will perform for a client

🔹 fees and charges

🔹 your payment terms

For every new client, you can customise this template to suit your requirements.


Do I need a contract?

Yes, absolutely! A contract protects both you and your clients.

You should always have a contract signed before you start a new candidate search for a client. Our template clearly sets out the obligations of both the recruitment agency and the client.

If you operate a recruitment agency, you need to protect your business from being excluded from the agreement between your client and the candidate. If this does happen, you need to make sure you still get paid for the introduction!

Our Recruitment Terms of Business template will help to make sure you get paid for your services. It also covers you in case there is a dispute with a client over your fees.


Are there any other names for Recruitment Terms of Business?

Yes, you might have also heard this contract referred to as a Recruitment Agreement, Recruitment Terms and Conditions or a Client Service Agreement.

All of them are basically the same thing, just different names for the contract you use with your clients.


What does this Recruitment Terms of Business template include?

Our Recruitment Terms of Business template covers everything you need for a recruitment agency contract:

★ Services

★ Our Responsibilities

★ Client Responsibilities

★ Warranty and Indemnity

★ Pricing

★ Terms of Trade

★ Cancellation

★ Australian Consumer Law

★ Limitation of Liability

★ Replacement Guarantee

★ Intellectual Property

★ Term

★ Termination

★ Dispute Resolution


Can we be engaged on an exclusive basis?

Yes, we have included a sub-clause in the contract to cover exclusivity. If you want the arrangement to be exclusive, you need to agree in writing with the client. This is a commercial decision, so it’s up to you.


What happens if the candidate or employer terminates their employment ‘early’?

We have included a Replacement Guarantee in the contract to cover this situation.

If a candidate terminates their employment, or the client terminates their employment due to unsatisfactory performance in the role,  you are required to look for a replacement candidate at no extra fee (excluding advertising charges). This is an optional clause, you don’t have to keep it.

We have not included a Refund Policy in our Recruitment Terms of Business template, but you could add this if you wish.


Does the Recruitment Terms of Business template include a Director Guarantee?

Yes, we have included a Director Guarantee as an optional clause (if the client is a company).


What happens if we introduce a candidate who is already known to the Client?

We have included a clause in the contract to cover this situation. If the contact was recent, you would normally not earn fees for this introduction.

Who is this for?

★ Recruitment Agencies

★ People who want proper legal protection

★ People who want to appear professional to their clients

★ People who want to avoid misunderstandings and make sure they get paid


This product is NOT suitable for:

★ Labour Hire

★ Recruiters having a contract directly with candidates

Why You Need This

Clearly set out your terms for clients

You will appear more professional and avoid misunderstandings if you have a professional legal contract.

You can also refer back to the contract if there are any disputes with clients about services, payment etc.

Avoid Risk

This legal document will help you to avoid risk and limit your liability if something does go wrong.

Protect your business and assets

As the old saying goes, plan for the best and prepare for the worst.

You never know what will happen in the future, but it is vital that you have a contract in place to protect everything you have worked hard for.

How does it work?

Our process is designed to be as easy as possible – you could be up and running in as little as 5-10 minutes.

1.  Select the Recruitment Terms of Business template in the Shop and click Add To Cart.

2.  Proceed to Checkout and complete your purchase.

3.  You will receive an email with a download link immediately after you have completed your purchase.

4.  Open the document in MS Word and complete the highlighted fields with your personal information (name, ABN etc). Your document will be ready to go in minutes!


Can’t I just copy them from another website?

Don’t do this.

1. This is copyright infringement and is against the law.

2. You might accidentally copy terms and conditions from another country – if you end up in court for some reason it might be on the other side of the world!

3. It won’t be customised to YOUR business. Not a good look for your customers if your info about commissions is wrong…


Can I customise the templates beyond editing the fields?

Our templates come in Word format, so yes you can if you want. Feel free to add your logo and change the font to reflect your brand.

We do not recommend you change the wording (apart from the fillable fields or Schedule) as this can affect the legal protections contained in the document.


What if the law changes and my templates become outdated?

If the law changes, we’ll email you with the changes and updates to add to your existing templates. So please ensure you keep us updated if your email address changes.

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