DSC Personnel — Terms and Conditions
Definitions
In these Terms:
"DSC Personnel" means Daly Smith Corporation (Aust) Pty Ltd trading as DSC Personnel.
"Client" means the party named in the Account Application or Quotation.
"Account Application" means the credit account application submitted by the Client to DSC Personnel.
"Quotation" means the written quotation, rate confirmation or order confirmation issued by DSC Personnel to the Client for a particular placement.
"Fee Schedule" means the fees, charges and rates set out in the Quotation or, where a fee is not stated in the Quotation, DSC Personnel’s current schedule of fees as provided to the Client or published by DSC Personnel from time to time.
"Payment Processor" means Stripe or such other provider as DSC Personnel nominates from time to time.
"WHS Act" means the Work Health and Safety Act 2011.
These Terms apply to the supply of labour hire workers only. Permanent recruitment services are provided under DSC Personnel’s separate Terms and Conditions of Permanent Recruitment. By submitting an Account Application or accepting a Quotation, the Client accepts these Terms.
1. Supervision
1.1 DSC Personnel supplies its employees to work under the supervision and direction of the Client’s designated supervisors.
1.2 DSC Personnel is responsible for providing suitably qualified and vetted workers.
1.3 DSC Personnel will, upon request of the Client, provide references from past employers of the candidate to assist with the substantiation of a candidate’s qualifications and experience.
1.4 Standard of workmanship and timely completion of works are the responsibility of the Client.
1.5 It is also the responsibility of the Client to inform DSC Personnel immediately if the duties or location of our employee are to be changed.
2. Workplace Health & Safety
2.1 DSC Personnel will supply staff to be trained on specific machinery or equipment, and this training is to be done by the Client at their premises to ensure the worker’s health and safety.
2.2 DSC Personnel will supply staff to be supervised by the Client or their employees to ensure the worker’s health and safety.
2.3 DSC Personnel supplies staff who have been made aware of the requirements and expectations of working under the WHS Act. Each DSC Personnel staff member has read and acknowledged an understanding of their individual responsibilities under the WHS Act.
2.4 DSC Personnel will supply staff only to sites that comply with the WHS Act and regulations made under that Act, and reserves the right to revisit the site and conduct a risk assessment accompanied by the Client at a time suitable to the Client.
2.5 DSC Personnel requires the Client to provide staff with a specific site/job induction relevant to their occupational health and safety.
2.6 Any planned alteration to a DSC Personnel employee’s functions should be notified to and discussed with DSC Personnel to ascertain suitability and to allow DSC Personnel to conduct a risk assessment on the change of duties.
2.7 DSC Personnel will not supply staff for life-threatening work or work that will endanger the occupational health and safety of its staff.
2.8 The Client is required to provide DSC Personnel staff with a safe workplace and safe method of work, with appropriate and ongoing supervision.
3. Confirmation of Shift Completed Hours
3.1 DSC Personnel requires the Client to notify and confirm our employees’ individual completed hours by 5pm Friday, or by 9am Monday if weekends or shifts are being worked.
3.2 Time sheets can be supplied, or the Client’s recording systems can be utilised.
4. Shift and Supply Cancellations
4.1 Where the Client requires the cancellation of a contractor’s shift, or the termination of an ongoing supply arrangement, notification of each affected shift must be received by DSC Personnel no later than 16:00 (4:00pm) on the day prior to that shift’s scheduled commencement.
4.2 Where the day preceding the shift is a weekend or public holiday, notification must be received by DSC Personnel no later than 16:00 (4:00pm) on the last business day before the shift (for example, by Friday 16:00 for a Monday shift, or by Friday 16:00 for a Tuesday shift where the Monday is a public holiday).
4.3 Notification must be provided in writing (email or SMS to the DSC Personnel office).
4.4 Where the Client fails to provide notification within the timeframes above, the Client will be liable to pay the late cancellation administration fee set out in the Fee Schedule, plus GST, per contractor per affected shift, to cover DSC Personnel’s costs of contractor mobilisation, scheduling, and lost placement opportunity. This fee is in addition to any minimum hire period charges that may apply under clause 6.
5. Invoicing and Payment
5.1 Application
5.1.1 The Card Payment Terms in clauses 5.1 to 5.5 apply where the Client elects, or is required by DSC Personnel, to pay for labour hire services by stored payment card. They form part of, and are to be read with, the Quotation and these Terms. If there is any inconsistency, the Card Payment Terms prevail in relation to card payments.
5.2 Stored card authority
5.2.1 Where card payment applies, the Client must provide a valid credit or debit card by completing the secure card capture link issued by DSC Personnel. Card details are captured and stored by the Payment Processor. DSC Personnel does not store full card numbers on its own systems.
5.2.2 By providing the card, the Client authorises DSC Personnel to charge the stored card for all amounts payable under the Quotation and these Terms, including hourly charges, agreed allowances, penalties and loadings, and any fees payable under these Terms, without further authorisation from the Client for each charge.
5.2.3 The Client warrants that it is authorised to use the card for business purposes and that the cardholder has consented to these Terms.
5.3 Initial card verification
5.3.1 On registration, DSC Personnel may place a temporary authorisation hold on the card for an amount up to the estimated charges for one week of the placement, as set out in the Quotation. This hold verifies the card and is not a charge.
5.3.2 DSC Personnel will either release the hold or apply it against the first weekly invoice within seven (7) days. Any held amount not captured is released by the card issuer in accordance with its own processing times, which are outside DSC Personnel’s control.
5.4 Weekly charging
5.4.1 DSC Personnel will issue a tax invoice each week for hours worked, based on timesheets approved by the Client’s authorised representative in accordance with clause 3.
5.4.2 The stored card will be charged for the invoiced amount on the day the invoice is issued, or on the next business day. A copy of the invoice and a payment receipt will be sent to the Client’s nominated email address.
5.4.3 If the Client does not approve or dispute a timesheet within the period set out in clause 3, the timesheet is taken to be approved and DSC Personnel may invoice and charge accordingly.
5.4.4 The Client must notify DSC Personnel of any disputed invoice within five (5) business days of the invoice date. DSC Personnel will investigate promptly and, where an error is confirmed, refund the difference to the stored card or credit it against the next invoice. The Client must not raise a chargeback with its card issuer in respect of an invoice without first following this process.
5.5 Failed or declined payments
5.5.1 If a charge is declined, DSC Personnel will notify the Client and may re-attempt the charge over the following three (3) business days.
5.5.2 If the charge remains unpaid after that period, the Client must pay the invoice by direct transfer within two (2) business days, and DSC Personnel may suspend the supply of workers until payment is received. Any suspension is without prejudice to DSC Personnel’s other rights under these Terms, including the right to recover costs of collection.
5.5.3 The Client must keep a valid card on file at all times while workers are on assignment and must update the card details before the stored card expires.
5.6 Account Payments
5.6.1 DSC Personnel may, at its discretion and subject to a satisfactory credit assessment of the Client’s Account Application, offer the Client invoice-based account trading terms. Until DSC Personnel confirms approval of the Account Application in writing, the Card Payment Terms in clauses 5.1 to 5.5 apply.
5.6.2 DSC Personnel operates a Monday to Sunday payroll. All hours worked up to midnight Sunday will be invoiced for the previous week, based on timesheets approved by the Client’s authorised representative in accordance with clause 3. All invoices will be sent electronically to the Client’s nominated email address.
5.6.3 Invoices are payable strictly within seven (7) days of the invoice date, by direct transfer to the account nominated on the invoice.
5.6.4 The Client must notify DSC Personnel of any disputed invoice within five (5) business days of the invoice date. A dispute over part of an invoice does not relieve the Client of the obligation to pay the undisputed balance by the due date.
5.6.5 Where an invoice remains unpaid after the due date, DSC Personnel may suspend the supply of workers until payment is received, revert the Client to the Card Payment Terms, and recover any costs of collection. Any suspension is without prejudice to DSC Personnel’s other rights under these Terms.
5.6.6 DSC Personnel may withdraw or vary account terms at any time by written notice to the Client.
5.7 Security and privacy
5.7.1 Card details are handled by the Payment Processor in accordance with the Payment Card Industry Data Security Standard (PCI DSS). DSC Personnel collects and handles the Client’s personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).
5.8 Cancellation of authority
5.8.1 The Client may withdraw its stored card authority by written notice, provided that all amounts owing have been paid. Withdrawal of the authority does not terminate the Quotation or these Terms, and DSC Personnel may require an alternative payment method before continuing supply.
5.9 GST
5.9.1 In this clause, "GST", "supply", "taxable supply" and "tax invoice" have the meanings given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5.9.2 Unless expressly stated otherwise, all rates, charges and other amounts in the Quotation, the Fee Schedule and these Terms are exclusive of GST.
5.9.3 If GST is payable on any supply made by DSC Personnel under or in connection with the Quotation, the Client must pay to DSC Personnel, in addition to the amount otherwise payable for that supply, an amount equal to the GST payable on that supply. The GST amount is payable at the same time and in the same manner as the amount to which it relates, subject to DSC Personnel providing a valid tax invoice.
5.9.4 If an adjustment event occurs in relation to a supply, DSC Personnel will issue an adjustment note and the parties will make any payment necessary to reflect the adjustment.
6. Minimum Hire Period
6.1 In general there is a minimum hire period of four (4) hours per day, but some Awards and work environments dictate a longer period.
6.2 The Client is responsible for confirming the minimum hire period with DSC Personnel at the time labour is ordered for hire.
7. Damage to Vehicles, Stock and Equipment
7.1 DSC Personnel hires out staff to industry on the basis that if accidental damage occurs to stock, plant and equipment, fork lift trucks or motor vehicles, no claim will be made against DSC Personnel or payments withheld from labour hire accounts.
8. Temp to Perm Arrangements (TTP)
8.1 Under this arrangement the Client, in consultation with DSC Personnel, may elect to convert a hired employee to the Client’s own permanent employee where continuous full weekly hire (5 days per week) has occurred.
8.2 A TTP deposit in the amount set out in the Fee Schedule (plus GST) is payable on acceptance of the Quotation and is charged to the Client’s stored card at that time, or invoiced where account terms apply. Payment of the deposit commences the recruitment process, and DSC Personnel will not begin sourcing or shortlisting candidates until the deposit has been received. DSC Personnel may, at its sole discretion, waive the requirement for the deposit.
8.3 The deposit is refundable and will be refunded to the Client if either (a) DSC Personnel is unable to supply a suitable candidate for the position, or (b) the engagement ends without the Client converting the employee to permanent employment, provided in each case that the Client has not engaged a DSC Personnel employee directly in breach of clause 8.7.
8.4 The TTP Fee is the amount set out in the Fee Schedule (plus GST). Where a deposit has been paid, it is applied against the TTP Fee and the Client pays the balance. Where DSC Personnel has waived the deposit under clause 8.2, the TTP Fee is reduced by an amount equal to the deposit, and the reduced amount is payable in full as the balance.
8.5 The balance is payable on the date the Client notifies DSC Personnel that the employee has accepted a permanent offer, or on the employee’s permanent commencement date, whichever is earlier. DSC Personnel will charge the balance to the Client’s stored card on that date; where account terms apply, the balance is payable within seven (7) days of invoice.
8.6 The employee remains an employee of DSC Personnel, and the Client continues to be charged at the hourly rate under the Quotation, until the balance has been paid in full. The transfer takes effect on the later of the agreed commencement date and receipt of the balance.
8.7 If the Client engages a DSC Personnel employee directly, or through a related entity or another agency, within 6 months of the employee’s last day of hire, other than in accordance with this clause, the full TTP Fee set out in the Fee Schedule (plus GST) becomes payable immediately, without any reduction for a waived deposit, and any deposit already refunded must be repaid.
8.8 All amounts in this clause are exclusive of GST, which is payable in addition in accordance with clause 5.9.
9. Non-Solicitation and Engagement Fee
9.1 DSC Personnel invests significantly in recruiting, screening, training and placing its employees and contractors (each a "DSC Personnel Worker"). The Client acknowledges that this investment, and the goodwill of DSC Personnel’s workforce, are legitimate commercial interests of DSC Personnel, and that the restrictions in this clause are reasonable and necessary to protect those interests.
9.2 For a period of six (6) months from the last date a DSC Personnel Worker was engaged through DSC Personnel (or, if the DSC Personnel Worker was introduced but not engaged, six (6) months from the date of introduction), the Client must not, without DSC Personnel’s prior written consent, directly or indirectly:
(a)employ, engage, retain or contract the DSC Personnel Worker on any basis, whether as an employee, contractor, consultant or otherwise; or
(b)procure, arrange, permit or facilitate the engagement of the DSC Personnel Worker by any related body corporate, subsidiary, parent entity, agent, recruitment agency, or other third party associated with the Client.
9.3 This restriction applies regardless of how the engagement arises, including (without limitation) where the DSC Personnel Worker applies for an advertised position, responds to a recruitment campaign, is referred by a third party, or otherwise initiates contact with the Client.
9.4 If the Client engages a DSC Personnel Worker in breach of this clause, the Client agrees to pay DSC Personnel, as a genuine pre-estimate of the loss DSC Personnel will suffer and not as a penalty, an engagement fee calculated as the percentage set out in the Fee Schedule of the DSC Personnel Worker’s annualised gross remuneration package (including salary, allowances, bonuses, commissions and the cash equivalent of non-cash benefits, but excluding statutory superannuation contributions), plus GST. The fee is payable within fourteen (14) days of the DSC Personnel Worker’s commencement.
9.5 The Client must notify DSC Personnel in writing within seven (7) days of becoming aware that any DSC Personnel Worker has applied for, been referred to, or expressed interest in any position with the Client or any related entity.
9.6 If any part of this clause is held unenforceable, the parties intend it be read down only to the extent necessary to be enforceable.
10. Special Site or Over Award Rates of Pay
10.1 The Client is responsible for ensuring that DSC Personnel is provided with all relevant information on Award rates of pay, over Award payments, site agreement rates and allowances (i.e. dirt, meal, site etc.) so that DSC Personnel can ensure pay compatibility with Client employees.
11. Amenities
11.1 The Client shall provide and be responsible for site accommodation, lock-ups for tools and all amenities required by the Award.
12. Client Obligations
12.1 The Client acknowledges that DSC Personnel is not performing the services required of its employees or independent contractors, but is the supplier of these workers, at the Client’s request, to perform the work required. From the time DSC Personnel’s employees or independent contractors report to the Client for their duties, they are under the care, control and supervision of the Client for the duration of the assignment.
12.2 The Client agrees that DSC Personnel will not be liable to the Client in respect of any damage, loss or injury of whatsoever nature or kind, however caused, whether by DSC Personnel’s negligence or the negligence of one of its workers, their servants or agents or otherwise, which may be suffered or incurred, whether directly or indirectly, in respect of the services provided under these conditions of assignment.
13. Variation
13.1 DSC Personnel may vary these Terms or the Fee Schedule by giving the Client not less than fourteen (14) days’ written notice. Variations apply to placements commencing after the notice period and do not affect fees already quoted for a current placement.