www.sourcr.com is a website operated by Sourcr Pty Ltd ABN 76 611 739 274 (“Sourcr”).
Account – an account registered to a Recruiter, Recruitment Agency or Visitor
Agency Profile – the claimed or unclaimed page of a recruitment agency brand
Recruiter – a professional agency or freelance recruiter who has a claimed or unclaimed profile on the site or who Sourcr deems to be a recruiter.
Recruitment Agency – a recruitment agency business
Recruiter Profile – the claimed or unclaimed page of an individual recruiter
Content Removal Process – the process a Recruiter or Recruitment Agency must follow to request the removal of a review, which can be found here
Content Removal Request – the form that must be submitted to Sourcr to begin the Review Removal Process
Fee – the cost of the product or service
Products – the products and services available to purchase
Site – www.sourcr.com, app.sourcr.com, www.sourcr.co.nz, app.sourcr.co.nz, any subdomains, applications (“apps”), social media pages or other websites owned by Sourcr
User Content – any content, including text, images, video or other media provided to Sourcr by Visitors or Recruiters
You – user of the site including a Visitor or Recruiter
Visitor – any visitor to the website who uses the site
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via email at firstname.lastname@example.org
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. These Terms may be updated without notice to you. If you do not agree to the Terms, please do not use the Site.
- LICENCE TO USE SITE
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Site in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
- The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that:
- we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
- your account is your responsibility, and you will limit your account to a single user.
- You must not use content or data from our site or otherwise take any action to:
- cause damage or impair the performance, availability or accessibility of the website;
- take any action which is unlawful, illegal, fraudulent or harmful or connected to an action of this kind;
- copy, store, host, transmit, send, use, publish or distribute any material consisting or linked to spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct data collection or data mining activities on or in relation to our website without our express consent;
- establish or facilitate any direct marketing activity not authorised by us; or
- contact individuals, companies or other persons or entities not in relation to employment applications or job requisitions requesting such contact, especially in any way designed to offend, insult, humiliate, intimidate, harass, threaten or pester any person or group.
- You are prohibited from using the site if you:
- are not 16 years of age;
- lack capacity or power to enter into legal or legally binding agreements;
- are legally prohibited from rendering or receiving services;
- represent and are accessing the site on behalf of a company which is in liquidation; or
- Sourcr or its representatives have previously prohibited you from using the site, and this prohibition has not been revoked.
- INTELLECTUAL PROPERTY RIGHTS
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site and its contents.
- Notwithstanding the above, you may redistribute any marketing or promotional material on this site or provided to you by us to any person.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 2.3 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
- You represent and warrant to us that:
- you have the legal capacity to enter these Terms;
- you have complied with clauses 1.5 and 1.6;
- all information you provide if you choose to register on our site is, to the best of your knowledge, true, current and accurate;
- you are authorised by your organization to use the Sourcr platform on its behalf; and
- you will not allow any unauthorised person to use your account and will notify us immediately if you become aware of any unauthorised use of your account.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- These Terms terminate automatically if, for any reason, we cease to operate the Site.
- We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
- We may delete, suspend or cancel your account or edit details on your account at any time in our sole discretion without notice or explanation.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia
- You will only be able to update or make changes to your profile If you have successfully claimed your profile.
- A Recruiter may only claim their own Recruiter Profile and must not claim the Recruiter Profile of another recruiter.
- Sourcr will list recruiters on the platform and information about them using publicly available sources. We cannot guarantee the accuracy of such information.
- Sourcr will, at its sole discretion, decide which recruiters to list on the site and may add or remove a recruiter at anytime, with or without notice.
- If you are a Recruiter and claim your Recruiter Profile on the Site, you agree to grant Sourcr the licence set out in clause 2.3. This covers all job placement data submitted by you (including but not limited to job title, industry, salary information, placement fee percentage and company name) and you warrant that you are authorised and/or have the necessary rights to grant the licence.
- Sourcr will determine in its sole discretion what functionality it provides to Recruiters
- Sourcr may modify any part of the content of a Recruiter or Agency Profile at any time in its sole discretion, with or without notice to that individual Recruiter or Recruitment agency.
- Sourcr will determine the functionality that it offers Visitors on the Site and may make changes to the functionality at any time, with or without notice.
- Sourcr does not guarantee the accuracy or reliability of any information contained on the Site about a Recruiter (including information submitted by third parties in the form of ratings, comments, posts and reviews). It is your responsibility to conduct your own research and make your own enquiries before deciding to engage a Recruiter.
- POSTING AND REMOVING CONTENT
- You must not add any content to the Site (“Infringing Content”):
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of privacy, in contempt of court or breach of court order, or constituting spam;
- that infringes the intellectual property or other rights of any person.
- Whilst Sourcr will take all reasonable steps to resolve disputes, we are under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.
- We will not remove content simply because it is negative. We will only remove content if we, at our sole discretion, believe it is in breach of clause 9.1.
- If you believe there is on content on your profile that is in breach of clause 9.1, you can submit a Content Removal Request. Please see our policy here
- When you have submitted a Content Removal Request, you may be asked for additional information to help Sourcr verify if there has been a breach of clause 9.1.
- Sourcr is under no obligation to remove any Infringing Content other than where stated in this Agreement or where required by law.
- If Sourcr does remove allegedly Infringing Content, then you acknowledge that such removal is done on a without prejudice basis, and upon such removal, you agree to release Sourcr from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against Sourcr in relation to the allegedly Infringing Content.
- Sourcr accepts no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or Infringing Content to Visitors, Recruiters or other members of the public.
- SUPPLY OF PRODUCTS
- Sourcr may offer to supply Products through the Site for purchase by Recruiters or Visitors.
- By ordering and purchasing any Product from the Site, you agree:
- that you are bound by and will comply with these terms and any additional terms applicable to the products
- to pay the applicable fee for the product(s)
- to be bound to a minimum term to use or purchase
- to be bound to the minimum number of licenses if you are purchasing a Sourcr Pro – Team subscription
- Sourcr may require you to provide it with an authorisation to direct debit the fee from your credit card or nominated bank account. Once authorisation is provided the fee will be automatically debited by Sourcr.
- If you have selected to be invoiced for a billing period, you agree to pay the fee on the invoice by the date stated on the invoice.
- If you are on a month to month subscription, you may terminate your agreement at any time with no less than 30 day’s notice to Sourcr.
- If you are on an annual subscription, you may terminate your agreement at any time with no less than 60 day’s notice to Sourcr
- Sourcr may suspend or terminate any order or agreement for Sourcr to supply you with Products:
- immediately if you are in breach of this Agreement and, in Sourcr’s sole opinion, the breach is not capable of remedy or is a material breach;
- immediately if you are in breach of this Agreement and fail to remedy that breach within 7 days of receiving written notice from Sourcr requiring you to remedy the breach; or
- without cause, by giving 14 days’ notice to you.
- Unless otherwise stated, upon termination of any order or agreement for Sourcr to supply you with Products:
- where such termination is pursuant to clause 10.7.1 or 10.7.2, you must pay any unpaid amount of the Fee to Sourcr which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorisation has been given in accordance with clause 10.3, the fee may automatically be charged to your credit card or direct debited from your nominated bank account; or
- if the order or agreement is terminated under clauses 10.4, 10.5 or 10.7.3 then you must pay the Fee incurred up to the date upon which termination becomes effective only. Sourcr will refund you any unused portion of the Fee that you have prepaid, and which relates to any period after the effective date of termination.
- Termination of our supply of a Product to you will not of itself, unless stated by Sourcr to the contrary, terminate your ability to use the Site or the Services. Sourcr may however, separately exercise any of its rights under this Agreement, including terminating or limiting the Services or terminating your Account pursuant to clauses 5.3, 7.6 and 7.7
- When purchasing a Sourcr Pro – Team subscription, unless otherwise stated, you will purchase a license for all recruiters that are attached to your agency in Sourcr, including unverified recruiters, which is your minimum licenses. If you do not wish to be charged for some recruiters, you must remove them from your agency prior to subscribing
- If you add a new recruiter or recruiters to your agency, or approve the request of a recruiter or recruiters to join your agency, you will be charged for the applicable number of licenses on your next bill, pro rata based on the period of the term used by the new recruiters
- If you remove a recruiter from your account during the billing period, you will not be credited for the unused license, but your account will be updated to show the new number of recruiters from your next billing period, provided that you do not go below the minimum number of licenses pursuant to clause 10.3.4
- Appointment and Instructions
- The Client appoints ONCORE CONTRACTOR SOLUTIONS PTY LTD (OCS), to provide the service set out in clause 2 of this Agreement, in relation to all Instructions accepted by OCS in its discretion.
- The Client must complete an Instruction form for each new Contractor.
- Each time OCS accepts an Instruction from the Client, a supply contract is formed on the terms and conditions set out in this Agreement.
- Service and Fees
For each Contractor OCS will provide the following service:
On acceptance of new Instruction form from the Client, contact the new contractor within 24 hours and prepare agreements and payroll forms for the new Contractor.
- Online Pre-Engagement Inductions
Each Contractor will be required to undertake an online pre-engagement induction prior to commencement on site. The pre-engagement induction includes occupational health and safety/work health and safety training, work rights check and a national criminal check.
- Ensure required levels of professional indemnity (PI), public liability (PL) and workers compensation is held by all contractors.
- Contractors engaged under a PAYG structure will be covered under OCS’s PI/PL and workers compensation policies*.
- Incorporated contractors will be required to provide OCS with certificates of currency for PI/PL and worker compensation detailing coverage held.
- OCS to carry out periodic checks on incorporated contractor’s insurance coverage.
*Cover under OCS’s workers compensation policies is limited to white collar professionals only who are engaged under an approved consulting agreement with an incorporated entity including: information technology contractors and engineers working within programming, network systems, software development, telecommunication design and development and data analysis; banking and finance contractors, project management, mainstream engineering services, surveyors, administration, accountancy, business services and human resources. This cover expressly excludes plant and machinery operators, environmental engineers and geotechnical engineers. For other occupations where a higher coverage rate may apply (i.e. excluded from cover under this agreement), OCS will provide a quotation to the Client for the additional coverage charge.
- Expense Processing
- Subject to authorisation from the Client provide Contractor allowable client paid expenses (CPE) items.
- Payroll Facilitation
- Upon receipt of payment from the Client to OCS for the OCS invoice, distribute payroll to the Contractor in accordance with the agreement between OCS and the Contractor, including all applicable PAYG obligations against approved timesheets.
The parties agree that:
- all Payments have been calculated exclusive of goods and services tax (GST);
- if any Payment is consideration for a Taxable Supply for which the supplier is liable to GST, the recipient must pay the GST amount to the supplier, concurrently with the relevant payment unless otherwise agreed in writing;
- any reference to a cost or expense in this agreement excludes any amount of GST forming part of the cost or expense when the relevant party incurring the cost or expense can claim an Input Tax Credit; and
- the supplier will provide to the recipient a Tax Invoice for each supply.
- Invoicing and Payment
- OCS will invoice the Client on an invoicing cycle determined by OCS. The Client agrees to pay each OCS invoice within 14 days of the date of each invoice.
- The amount charged by OCS to the Client will be based on the contractor rate specified in the Instruction multiplied by the hours worked by the Contractor.
- Each time the Client refers a contractor to OCS to provide services for a period of less than one month, the Client will pay a $30 configuration fee in addition to the fee payable in this clause 3 of the Agreement.
- The contractor rate specified in the Instruction is inclusive of the following:
- Fees payable to OCS pursuant to each Supply Contract for providing the service as detailed in clause 3 of this Agreement;
- Any margin fee payable to Sourcr Pty Ltd A.C.N. 611 739 274 (ABN 76 611 739 274) and any margin fee payable to any third-party recruitment agency (if applicable);
- Term and Termination
This Agreement shall commence on the Commencement Date and shall continue for 12 months (the Initial Term).
The Parties may agree to renew the Initial Term for a further term or terms of 12 months each (each, a Renewal Term). Any such Renewal Term shall be upon such terms and conditions (including, for the avoidance of doubt, the fees payable to OCS) as may be agreed between the Parties.
- Continuing Effect of Agreement
If the Parties have not, by the date that is 20 Business Days (or less if agreed by the Parties) prior to the date of expiry of the Initial Term or any Renewal Term, reached agreement on the terms and conditions applying to any Renewal Term, and otherwise not taken any steps to terminate this Agreement, this Agreement shall continue upon the terms of this Agreement existing at that time.
- Termination by mutual agreement – Notwithstanding anything to the contrary, express or implied, in this Agreement, the Parties may at any time mutually agree to terminate this Agreement, in which case, such termination shall take effect on such date and on such basis as may be agreed between the Parties at the time.
- Termination by Non-defaulting Party – A Party (the Non-defaulting Party) may, at any time, terminate this Agreement with immediate effect by giving notice in writing to the other Party (the Defaulting Party), if:
- the Defaulting Party suffers an Insolvency Event;
- the Defaulting Party has failed to remedy a breach of this Agreement within 20 Business Days of a notice in writing from the Non-defaulting Party specifying the breach and requiring its remedy;
- the Defaulting Party is in breach of a material obligation under this Agreement which is incapable of remedy;
- there is a change in the ownership of the Defaulting Party without the Non-defaulting Party’s prior consent having been given (such consent not to be unreasonably withheld or delayed); or
- the Defaulting Party has by reason of a Force Majeure Event been unable to perform an obligation imposed upon the Defaulting Party for a period of more than 20 Business Days.
- Termination of Contractor by the Client
- Subject to paragraph (ii) below, the Client must notify OCS of termination of an Engagement prior to expiry of the contractor term by providing OCS with 4 weeks’ written notice; and
- The Client may notify OCS of termination of an Engagement with immediate effect if the Contractor commits any act of dishonesty, misconduct (including a failure by the Contractor to comply with a lawful and reasonable direction given by the Client) or negligence.
- Consequences of expiry or termination
Upon the lawful expiry or earlier lawful termination of this Agreement for any reason, any operative Supply Contract and each Engagement shall automatically cease and terminate with immediate effect.
- Accrued rights not affected
Termination or expiry of this Agreement or a Supply Contract will not affect any accrued rights or remedies a party may have against the other as at the date of termination or expiry thereof.
The expiry or earlier termination of this Agreement or a Supply Contract for any reason does not affect any responsibilities of a party under this Agreement or the Supply Contract which, expressly or by their nature, survive expiry or earlier termination of this Agreement or the Supply Contract, which responsibilities will remain in full force and effect following such expiry or termination.
Any dispute or difference arising out of or in connection with this Agreement which cannot be settled by senior officers of the Parties shall be referred to mediation administered by the Australian Disputes Centre (‘ADC’) before having recourse to litigation. The mediation shall be conducted in Queensland, Australia and in accordance with the ADC Guidelines for Commercial Mediation (‘Guidelines’) which are operating at the time the matter is referred. This clause 5.1 shall survive termination of this Agreement.
Nothing in this clause 5 will prejudice the right of a party to institute proceedings to enforce any payment due under the Agreement or to seek injunctive or urgent declaratory relief.
The Client shall indemnify and keep indemnified OCS against any claim or demand of any nature (including legal costs on an indemnity basis) made on OCS directly or indirectly relating to, or arising from, an act or omission by the Client or any of its directors, employees or agents in respect of any obligation of the Client under this Agreement.
Either party may assign the whole or any part of this Agreement with the prior written consent of the other party, which consent may not be unreasonably withheld.
References to the parties will include their successors and assigns, and where more than one, bind each jointly and severally.
No amendment to this Agreement will be effective unless it is in writing and signed by each party.
No rule of construction applies to the disadvantage of a party on the basis that the party put forward the Agreement or any part of it.
The terms and conditions of this Agreement constitute the entire agreement between the Parties as to its subject matter and, in relation to that subject matter, supersedes any prior arrangements, agreements, conditions, representations, undertakings and warranties.
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia and the Parties agree to submit to the non-exclusive jurisdiction of the Queensland, Australia.
Any person signing this Agreement for a party represents and warrants that they are expressly authorised to sign this Agreement by way of electronic signature for that party and that the Agreement is a valid and legal agreement binding on the party and enforceable in accordance with its terms.
If this document is signed in counterparts then:
- each counterpart is an original; and
- together they constitute one agreement.
- Electronic Signatures and Communications
The parties agree and consent to this Agreement being executed by way of electronic signature and may be given and received by way of an electronic communication.
In the event of this Agreement being sent by way of electronic communication to one or both parties for signature and is subsequently duly signed and returned by electronic communication, then this Agreement shall be binding on the parties as if an original and duplicate of the Agreement were signed by the parties.
For the avoidance of doubt, this Agreement is not conditional upon the subsequent execution of an original and duplicate by the parties.