1. Scope of Terms:

The Terms of Business set out will apply to all locum, fixed term and permanent placements completed by Guide Healthcare. These terms may only be amended if agreed upon by both parties in writing.

2. Acceptance of Terms:

Signing these terms, the acceptance of resumes, interviewing, or engaging with a Candidate will all be considered as your acceptance of these Terms of Business.

 3. Fee Entitlement:

Guide Healthcare shall be entitled to a fee, payable by the Client, if the Candidate is engaged in any capacity within a year of the introduction of the Candidate to the Client by Guide Healthcare. A fee will also be payable if the Candidate is introduced to a third party by the Client and the third party then engages the Candidate in any capacity.

4. Reference Checks:

Guide Healthcare will complete detailed and thorough reference checks for the selected Candidate. References will be conducted prior to offer stage where viable. Whilst Guide Healthcare will make every effort to ensure authenticity of references taken; It remains the responsibility of the Client to ensure suitability of the Candidate for the role. The Client shall not make any contact with the Candidates current or past employers unless written consent is given.

5. Warranty:

It is the responsibility of the Client to ensure that the Candidate is suitable for the position to which they are appointed. Guide Healthcare will conduct pre-placement checks and interviews, but we do not make warranty as to the suitability of the Candidate.

6. Payment Terms:

 All fees and expenses are payable within 14 days of the date of invoice. A late payment charge of 10% total invoice value will be added to any invoice that is not paid within 60 days of the invoice date and an additional 10% every 10 days thereafter.

 7. Offers of Employment:

 Guide Healthcare will work with the Client and adhere strictly to their instructions around negotiations of contracts with the Candidate.

 8. Permanent/Fixed Term Replacement Guarantee:

 In the unlikely event that, within the first three months, a Candidate is deemed not suitable and does not demonstrate the required competencies (As set out in the original assignment/job specification) and the decision is made, in writing, to terminate the Candidates employment,  Guide Healthcare will provide a free replacement Candidate without any additional charge. (approved fees excluded)

The replacement guarantee does not apply where the Client had not complied with these terms of business or the termination is a result of any of the following:

●      Client failure to adhere to the conditions set out in the assignment/job specification

●      A change or expected change in the assignment/job specification or location

●      Any organisational or structural changes in the Clients Business/place of work.

●      The Client fails to fulfil any of its implied or actual legal obligations to the Candidate

●      Failure on the Clients part to pay the full invoiced amount within the 14-day terms set out,

The replacement guarantee value can be transferred to another role of the same or lesser value anywhere within the Clients business. The difference in fee will be calculated on a case by case basis, in writing, where the Client requests a free replacement for an assignment/job that offers a higher salary package than the original assignment/job.

9. Fixed Term and Permanent Fee Schedule 

For both permanent and fixed term placements, Guide Healthcare will invoice a fee equivalent to 20% of the Candidates total Salary Package. 

The Client has the following options relating to permanent placement invoicing:

Option 1: 100% of the total fee on Candidate commencement date.

Option 2: Up to 6 months deferred payment plan using Apay (incurs an Apay service charge of between 3-7% depending on the length of the plan)

For fixed term contracts the fee will be calculated on a pro-rata basis. For fixed term contracts The Client will be invoiced monthly in advance of the agreed roster. Any additional hours/days worked will be charged to the following month. In the instance that a fixed term position becomes permanent, a permanent placement fee equivalent to 20% of the candidates total salary package will be invoiced in addition to any fixed term fees. 

For Permanent fees, the total fee will never exceed 12 months total – i.e. One full permanent placement fee. Where a Client employs a Candidate on a part time basis no fee reduction will be factored into the placement fee unless agreed in writing by Guide Healthcare.

10. Commencing Remuneration:

The commencing remuneration that will be used to calculate the fee payable for a fixed term or permanent contract will be the total value salary package guaranteed to the candidate. This includes but is not limited to: Base Salary, Standard allowances, management and leadership bonus, attraction and retention bonus, locality allowance, Annualised OT and on-call, Superannuation, Annualised shifts, Car allowance, Relocation Allowance, Special Allowances not mentioned. We will not charge for any “at risk” components of the package i.e. overtime, recall or additional bonus.  

11. Costs:

Expenses that are approved by the Client for the Candidate will be payable by the Client. 

 12. Locum Fee structure:

Upon receiving a signed timesheet, for all locum placements, Guide Healthcare will invoice the Client a fee equivalent to 20% of the Candidates Hourly/Daily/Weekly rate. Invoices are sent once a week unless requested otherwise by the Client in writing. 

Once weekly Guide Healthcare will also invoice for any travel, accommodation, and miscellaneous expenses incurred by the Candidate as authorised by the Client. The total here will be dependent on the Clients agreed budgets. 

If the Client authorises Guide Healthcare to pay for any costs associated with a locum placement and then, at a later date, the Client cancels or amends for any reason, the Client will be liable for any cost difference incurred for amendments or cancellations. 

13. Continued involvement:

If a Candidate accepts a locum, fixed term or permanent role with the Client or any subsidiaries/associated companies, Guide healthcare will invoice the Client in accordance with the fee’s set out above.

At no point will a reduced rate be applied to the permanent fee for a locum that moves into a permanent role. The above conditions will be in place for 12 months from the initial introduction and/or the end of the latest locum/fixed term assignment. 

14.Medical Indemnity Insurance:

All Candidates supplied by Guide Healthcare in any capacity that work at the Clients facilities are not covered by medical indemnity insurance or any other form of malpractice insurance by Guide Healthcare. It is the responsibility of the Client to ensure that they hold appropriate and adequate insurance cover for locum and permanent employees. Guide Healthcare will not be held responsible for any event that occurs as a result of clinical or professional malpractice or misconduct. 

15. Goods & Service Tax: 

Any fee or rate quoted in this document or other communication does not include GST. We will invoice you in accordance with the GST requirements needed to meet the (Goods and Services Tax) Act 1999. 

 16. OH&S and Equal Opportunities:

The Client agrees that they will:

●      Communicate Safe working practices with the Candidate

●      Establish safe work procedures

●      Comply with safety standards

●      Comply with all H&S legislation/Regulations

●      Provide a fair and harassment free workplace in accordance with the relevant legislation.

●      Provide training/instruction to Candidates for any equipment they are required to use.