1. Definitions

Agent means a recruitment agent or recruitment agency who conducts a business of identifying and submitting candidates to prospective employers.

Confidential Information means the confidential information of KWM, its associated entities and their clients in connection with the Recruitment Services provided under these terms and conditions.

KWM means:

(a) King & Wood Mallesons in Australia or Singapore;

(b) King & Wood Mallesons in Hong Kong; or

(c) Dabserv Pty Limited in Australia or Singapore,

as relevant to the role.

PageUp means the PageUp People Pty Ltd online application system owned and operated by PageUp People Pty Ltd and licensed to KWM.

Recruitment Services means:

(a) market research relevant to any resourcing brief or campaign provided or otherwise made available by KWM, including the interviewing of potential candidates;

(b) the submission of a particular candidate in relation to a particular role (legal or shared services), including via PageUp; and

(c) upon request of KWM, verifying at least two references from previous supervisors of the candidate.

2. Application of terms and conditions

These terms and conditions apply to any Agent who provides the Recruitment Services to KWM, unless KWM agrees otherwise in writing. 

These terms and conditions do not apply to referrals from or submissions by current KWM staff or to partner recruitment.

3. Submission of candidates

3.1 PageUp only 

KWM will only accept candidate submissions made via PageUp, in accordance with clause 7. KWM will not accept a submission made by another means. The relevant date of submission for a candidate by the Agent will be the date the candidate was submitted via PageUp.

3.2 Agency warranties

Any Agent who provides Recruitment Services to KWM represents and warrants that:

(a) they exclusively own the candidate, as required under clause 4.1;

(b) the information it provides KWM in respect of the candidate is true, complete, accurate, up-to-date and verified; and

(c)  it complies with all relevant Privacy Laws, as required under clause 6.2.

The representations and warranties above are provided by the Agent as at the date of submission of the candidate. The Agent must promptly notify KWM in writing if any of the above warranties are breached or become untrue.

3.3 Reference checks

KWM may require the Agent to verify at least two references for a candidate, which must be provided by previous supervisors of the candidate.

3.4 Speculative and unsolicited submissions

Any candidates submitted:

(a) by email to a KWM partner or staff member in relation to an advertised role; or

(b) otherwise on a speculative basis

are unsolicited submissions. No Fee is payable in relation to an unsolicited submission.

3.5 Non-solicitation

Any Agent who submits a successful candidate(s) to KWM must not solicit (ie directly approach) any KWM staff within 6 months of the date of submission. If the Agent breaches this clause, the Agent must refund on demand any Fees paid to it in relation to the successful candidate(s). 

4 Candidate ownership

4.1 Express permission is required

An Agent must not submit a candidate to KWM unless it has express written permission from the candidate to:

(a) represent them in relation to finding employment; and

(b) submit them to KWM in relation to a particular role.

If an Agent has obtained this permission, they will have ownership of the candidate in relation to that particular role with KWM:

(a) in Australia or Singapore for a period of twelve (12) months; or

(b)  in Hong Kong for a period of six (6) months,

(as relevant), subject to clause 4.2.

The Agent’s ownership does not extend to the submission of the candidate to any other role with KWM.  However, KWM may, on an exceptions basis, give an Agent a written invitation to re-submit a candidate for another, more appropriate role. If KWM makes such an invitation and the Agent re-submits the candidate for that role within seven (7) calendar days of that invitation, the Agent will maintain ownership of the candidate subject to the other requirements of this clause 4.1.

4.2 Known candidates

If KWM is already aware of a candidate that is submitted by the Agent (for instance, because the candidate was submitted by another Agent or the candidate is KWM alumni):

(a) KWM will notify the Agent that they are a known candidate, as soon as reasonably practical; and

(b) no Fee is payable to the Agent in respect of the candidate.

KWM may, on an exceptions basis, pay the Fee or a reduced Fee where the Agent demonstrates to KWM’s satisfaction that the candidate is fully and exclusively owned by them in relation to the particular role under clause 4.1 and otherwise satisfies these terms and conditions.

4.3 Disputed ownership

KWM will pay a maximum of one Fee for Recruitment Services in relation to each successful candidate.

If multiple Agents claim ownership of a candidate, those Agents must resolve the ownership of the candidate between themselves and advise KWM of the agreed outcome in writing (which may include apportionment of the Fee amongst the Agents).

If it is on notice of such a dispute, KWM is not required to pay any Fee. However KWM may, in its sole discretion, in absence of any agreed outcome and on the basis of the information known to it, pay or not pay the Fee as it considers appropriate, including apportioning the Fee between the Agents.

5  Fee

5.1 Fee eligibility

If a candidate:

(a) is submitted and fully owned by an Agent, in accordance with clauses 3 and 4 above;

(b) is successfully recruited by KWM as a direct result of the Agent's provision of Recruitment Services. In Australia or Singapore the candidate must also be recruited within six (6) months of the date of the Agent’s provision of such Recruitment Services; and

(c) remains employed by KWM for the duration of any probation period required under their employment contract,

the Agent will be eligible for the applicable fee stipulated in Schedule 1 for a role based in Australia,  Schedule 2 for a role based in Singapore or Schedule 3 for a role based in Hong Kong (the Fee).

5.2 Timing of payment of the Fee

The Fee for the Recruitment Services will be payable by the employing KWM entity to the eligible Agent:

(a) against a valid tax invoice, together with any supporting information or documentation that KWM reasonably requires; and

(b) within the time periods set out in the relevant Schedule.

5.3 Guarantee and refund

If a successful candidate does not remain employed by KWM for the duration of any probation period required under their employment contract:

(a) KWM will promptly notify the eligible Agent in writing;

(b) the eligible Agent will refund or credit any Fee already paid by KWM, as specified in the table below) in relation to the Recruitment Services provided in relation to the candidate; and

(c) no further amounts will be payable by KWM to the Agent in relation to that candidate.

KWM place of business

Refund or credit

Australia or Hong Kong

The Agent may elect to make this refund by way of credit note, to be applied against any future fees payable by KWM to that Agent, for up to six (6) months from the date of KWM’s notification under clause 5.3(a).

However, if the credit note is not applied in full within those six months, KWM may in its sole discretion either accept the credit note for a further six (6) month period or demand the refund of the full or remaining portion of the Fee by EFT within thirty (30) days.

Singapore

The Agent must refund the Fee in full (or any portion of the Fee already paid by KWM) by EFT within thirty (30) days of KWM’s notification under clause 5.3(a).

No refund is payable where the relevant role is made redundant by KWM.

5.4 Goods and Services Tax (GST)

The Fee, or any other consideration for a supply under these terms in conditions, does not include any amount for GST in Australia or Singapore, unless expressly stated otherwise. If the Fee or supply is subject to GST, the recipient must pay to the supplier an additional amount equal to the amount of GST payable on that Fee or supply.

If any person is entitled to a refund, credit or reimbursement, it does not include any amount for GST for which the person is entitled to:

(a) an Input Tax Credit (as that term is understood in A New Tax System (Goods and Services Tax) Act 1999 (Cth) in Australia), or

(b) make a claim for input tax (as that term is understood in the Goods and Services Tax Act (Chapter 117A) in Singapore).

5.5 No additional costs

KWM will not pay or reimburse an Agent for any ancillary service or cost (including advertising), unless the Agent has obtained KWM’s prior express written approval.

6 Confidentiality and privacy

6.1 Confidential information

Agents may become aware of confidential information of KWM, its associated entities and their clients in connection with the Recruitment Services provided under these terms and conditions (Confidential Information).

Each time an Agent submits a candidate it agrees it must:

(a) maintain the confidential nature of the Confidential Information, including but not limited to, any Fee that may be paid to the Agent;

(b) not use, disclose, reproduce or retain any of the Confidential Information except as required for the performance of the Recruitment Services to KWM or as required by law;

(c) immediately notify KWM of any potential, suspected or actual unauthorised use, disclosure or retention of the Confidential Information; and

(d) ensure that each of its employees and representatives is made fully aware of and complies with the obligations contained in this clause.

6.2 Privacy

An Agent must comply with all relevant privacy protection laws relating to the Recruitment Services, including without limitation the Privacy Act 1988 (Cth), Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong and the Personal Data Protection Act 2012 and any other legislation, principles, industry bodes and policies by which it is bound (Privacy Laws) relating to the collection, use, disclosure, storage, offshore transfer or granting of access rights to personal information.

By submitting a candidate, any Agent agrees that it will not do anything with personal information that may cause KWM to breach its obligations under any Privacy Laws.

6.3  KWM’s handling of candidate information

KWM agrees to treat all candidate information submitted to it confidentially and in compliance with relevant Privacy Laws. Candidate information may be stored by KWM electronically or in hard copy in a secure environment and may be disclosed amongst KWM and its associated entities. Further information can be found in KWM's Privacy Statement for Prospective Employees .

6.4 No announcements or advertising

An Agent must not announce or advertise in any way its arrangements with KWM, or use KWM as a reference point in any written solicitation to be engaged to provide services to any person or refer to the fact that KWM is a customer, except where necessary for the provision of Recruitment Services to KWM, if required by law or if KWM has provided its prior written consent.

7 Submission through PageUp

7.1 PageUp access

KWM may, in its sole discretion, grant PageUp access to an Agent to allow them to submit candidates' details to KWM (the Purpose), provided that the Agent agrees to these terms and conditions. 

7.2 Additional terms

If an Agent is granted access to PageUp, it:

(a) must not use or access PageUp using those login details for anything other than the Purpose;

(b) acknowledges that PageUp constitutes valuable and proprietary information, know-how, methodology and technology of PageUp People Pty Ltd and that login access to PageUp does not grant the Agent or any other person any licence or other right in relation to that information, know- how, methodology or technology;

(c) must exercise reasonable care to ensure that the security of its access to PageUp is not compromised and immediately notify KWM if it becomes aware that the security of its access to PageUp has been compromised, or there is a substantial risk of compromise;

(d) must not enter or upload any data into PageUp, or otherwise use or access PageUp, in a manner which may breach or infringe a third party’s rights, including their intellectual property rights, and

(e) must not take action against KWM, its associated entities and their officers, employees, consultants and agents from and in relation to any claim or liability arising directly or indirectly from or in relation to its use of PageUp.

8 Modern slavery

8.1 This clause is only applicable to Agents who provide Recruitment Services to King & Wood Mallesons and Dabserv Pty Limited in Australia and Singapore.

8.2 In this clause 8:

(a)          Modern Slavery has the same meaning as in section 4 of the Modern Slavery Act 2018 (Cth);

(b)          Personnel means the officers, employees, agents and contractors of the Agent; and

(c)           each reference to KWM is to King & Wood Mallesons and Dabserv Pty Ltd in Australia and Singapore only.

8.3 The Agent represents and warrants that:

(a) in performing its obligations under this Agreement, it will, and will procure that its Personnel, comply with all applicable laws, statutes and regulations in force in relation to Modern Slavery;

(b) it will conduct its business in a manner that is consistent with the principles of the Modern Slavery Act 2018 (Cth) and will act to prevent, mitigate, and where appropriate remedy Modern Slavery in its operations and supply chains; and

(c) neither it nor its Personnel:

(i) have been convicted of any offence involving Modern Slavery; and/or

(ii) have been, or are currently, the subject of any formal complaint, investigation, inquiry or enforcement proceedings by any authority in connection with Modern Slavery, which has not already been disclosed to KWM.

8.4 The Agent agrees to comply with KWM’s Supplier Code of Conduct, which sets out requirements in relation to human rights, business conduct and ethics. The Supplier Code of Conduct is available on KWM’s website found here.

8.5 The Agent will immediately notify KWM in writing upon becoming aware of any actual, suspected or anticipated Modern Slavery within its operation or supply chains and will fully co-operate with KWM in relation to any investigations or enquiries that it may undertake to enable it to comply with its reporting requirements under the Modern Slavery Act 2018 (Cth).

8.6 In the event that the Agent breaches any part of this clause 8, or KWM reasonably suspects that a breach has occurred, without prejudice to any other remedy which KWM may have, KWM may, at its sole discretion, either:

(a) request the Agent to rectify the breach to KWM’s satisfaction; or

(b) terminate this Agreement with immediate effect by providing written notice to the Agent.

Should the Agent be unable or unwilling to rectify the breach in accordance with clause 8.5(a) then KWM may terminate this Agreement on the same terms as clause 8.5(b).

8.7 Any right of termination under this clause 8 is in addition to any other right KWM may have under this Agreement or at law.

9 General

9.1 Governing law

These terms and conditions are governed by the laws in force from time to time in the place in which the role for which a candidate is submitted is located (i.e. the relevant State or Territory of Australia, Hong Kong or Singapore).

A submitting Agent agrees to submit to the non-exclusive jurisdiction of the courts of the place specified.

9.2 Variation of these Terms and Conditions

Without waiving, limiting or excluding any other right or remedy it may have, KWM reserves the right to terminate these terms and conditions or vary any provision at any time by giving 30 days' written notice on this website. Any termination of these terms and conditions does not affect the rights and obligations of any person which have accrued as at the date of the relevant termination or variation.