Website and service terms

1. Who these terms are between

These terms are between To confirm The contracting entity and its ACN or ABN. (“Recruited”, “we”, “us”) and you.

They cover two different things, and which one applies depends on what you are doing:

• The website. Everyone reading recruited.com.au is bound by the website terms in sections 2 to 5.
• The service. If you subscribe to Recruited, sections 6 to 20 apply to you as well, together with the order form or subscription agreement you signed. Where the two differ, the signed agreement governs.

2. Using this website

You may read this website, share links to it, and quote it with attribution.

You may not scrape it at a volume that degrades it for other people, attempt to gain unauthorised access to any part of it, or present its content as your own.

3. What this website is, and is not

This website describes a product. Nothing on it is an offer capable of acceptance, a warranty about future functionality, or professional advice of any kind, whether legal, financial, employment or otherwise.

Our resource articles are general information. They are not advice about your circumstances, and you should take advice before acting on anything that turns on the Privacy Act, your contracts, or your obligations to candidates.

4. Product descriptions

Descriptions of the product on this website are general. The capabilities included in your subscription, and the plan limits that apply to them, are those set out in your order form and the plan you select.

If a specific capability matters to your decision, put it in the order form as a condition and we will confirm it in writing.

5. Third parties named on this website

Where we name a third-party provider, the status shown is the actual state of that relationship on the date given. Naming a provider is not a claim of endorsement, partnership, integration or affiliation beyond what the status states.

Third-party names and marks belong to their owners.

6. Your workspace and the people in it

A subscription gives your organisation a workspace and a number of user logins. Each login belongs to one identified person and must not be shared.

You are responsible for what the people you invite into your workspace do in it, for removing them promptly when they leave, and for keeping credentials secure. Tell us straight away if you think a credential has been compromised.

You must ensure everyone using your workspace complies with these terms.

7. Your data

Your data stays yours. You own the records you create or import. We claim no ownership of them and acquire no right to use them for any purpose except providing the service to you.

You grant us the licence we need to host, process, transmit, back up and display your data in order to run the service for you, and to provide support when you ask for it. That licence exists only for that purpose and ends when your data is deleted.

You are responsible for having a lawful basis to collect and hold the personal information you put into your workspace, for providing whatever collection notices are required, and for honouring the rights of the people it concerns. We build for those rights and will help you meet them.

You can export your entire workspace at any time, on every plan, in an open format, including after you give notice.

8. What you must not do with the service

You must not:

• use the service to store or send unlawful, misleading or infringing content;
• send unsolicited commercial messages in breach of the Spam Act 2003 (Cth), or any message without a working unsubscribe;
• upload personal information you have no lawful basis to hold;
• attempt to access another customer’s workspace, or probe, scan or test the security of the service except under a written arrangement with us;
• reverse engineer the service, or use it to build a competing product;
• resell or provide the service to a third party except as expressly agreed;
• use automated means to extract data beyond the export and API functions we provide.

Reporting a genuine security vulnerability in good faith is not a breach of this section. Email security@recruited.com.au.

9. Availability

We work to keep the service available and will give reasonable notice of planned maintenance where we can.

To confirm Whether an availability commitment is offered on any plan, and on what terms. Whether any availability commitment is offered, on which plans, and with what remedy. The pricing page currently refers to a contracted SLA on Enterprise.

We may suspend the service where necessary to protect it, its other customers, or a person, and where we do we will tell you why and restore it as soon as we reasonably can.

10. Fees, GST and invoicing

Subscription fees are stated in Australian dollars and exclude GST unless we say otherwise. GST is added where it applies.

Subscriptions are billed monthly in advance. Additional users are billed for the period in which they are added.

Published prices may change on 30 days’ written notice, and a change does not take effect for a period you have already paid for.

If an invoice is not paid we will tell you before we do anything about it. We will not delete your data for non-payment without giving you a reasonable opportunity to export it.

11. Marketplace charges

Some charges arise from a transaction rather than from a subscription, and they are separate from it:

• Employer Brief: A$99 plus GST for one approved Brief published for 30 days. To confirm The Employer Brief refund rule, and whether the A$99 charge is refundable in any case other than pre-publication rejection. The refund rule is currently stated on the website as refunded if the Brief is rejected before publication.
• Exchange success fee: 1% of the total employer placement fee actually collected, excluding GST, charged once across the transaction. If the employer does not pay, there is no collected fee and no charge.
• Candidate access: free. A candidate never pays to be represented, to control an introduction, to see their own information, or to be removed.

Recruited does not hold or settle an employer’s placement fee. The employer pays the agency it contracted with, and we bill our fee separately afterwards.

12. Recruited Exchange

To confirm Whether Exchange participation is a schedule to these terms or a separate agreement. Exchange creates obligations between two customers as well as between each of them and us, which these terms are not shaped for. It should be a schedule to these terms or a separate participation agreement.

The commercial intent, for the drafter: Recruited provides the platform, the verification, the terms framework, the timers and the audit record. Recruited is not the recruiter of record, is not a party to the placement, and does not stand behind another firm’s guarantee or refund obligation. Guarantee and refund obligations to an employer sit with the agency that contracted with that employer, under that agency’s own terms.

13. Our intellectual property

The service, the software, our documentation and our brand remain ours. Nothing in these terms transfers any of it to you.

If you give us feedback or suggestions, we may use them without obligation to you. This does not give us any right to your data.

14. Confidentiality

Each of us may learn confidential information about the other. Neither of us will use it for any purpose other than performing these terms, or disclose it except to people who need it and are under equivalent obligations.

This does not apply to information that is public through no breach, that a party already had, or that a party is required by law to disclose. In the last case we will tell you before we disclose it, where we are lawfully able to.

Our confidentiality obligations to you survive the end of the agreement.

15. Warranties, and your rights under the Australian Consumer Law

We warrant that we will provide the service with due care and skill.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit our liability for a breach of a consumer guarantee, we limit it to resupplying the service or paying the cost of having it resupplied.

Otherwise, and to the extent the law allows, the service is provided as it is. We do not warrant that it will be uninterrupted or error-free, or that it will produce any particular commercial result.

To confirm The Australian Consumer Law position, including whether any customer will be a “consumer” under section 3. Whether any customer will be a “consumer” under section 3 of the ACL, and how that shapes this section.

16. Liability

Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however it arises.

To confirm The liability cap and any carve-outs. Our total liability under these terms is capped at the fees you paid us in the twelve months before the event giving rise to the claim.

These limits do not apply to a breach of confidentiality, an infringement of the other party’s intellectual property, fraud, or anything that cannot lawfully be limited.

Each of us must take reasonable steps to mitigate its loss.

17. Ending the agreement

You can stop your subscription at the end of a billing period by telling us. We do not require a reason and we will not make it difficult.

Either of us may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.

When the agreement ends: your workspace becomes read-only for an export period of at least 30 days, you can export everything, and after that we delete or de-identify your data in accordance with our privacy policy and any retention obligation.

Any fees already payable remain payable. Sections on confidentiality, intellectual property, liability and anything else that by its nature should survive, survives.

18. Changes to the service and to these terms

We improve the service continuously and features will change. We will not materially reduce the core functionality you are paying for during a period you have paid for.

We may change these terms on 30 days’ written notice. If a change materially disadvantages you, you can end the agreement before it takes effect and we will refund the unused part of anything you have paid.

19. Notices

Notices to you go to the email address on your account. Notices to us go to hello@recruited.com.au and, where the notice concerns a legal claim, also to To confirm A registered address for notices.

A notice by email takes effect when sent, unless the sender receives a delivery failure.

20. Governing law, and disputes

To confirm Governing law and jurisdiction. Queensland is assumed. These terms are governed by the laws of Queensland, Australia, and each of us submits to the non-exclusive jurisdiction of its courts.

Before starting proceedings, each of us will make a genuine attempt to resolve the dispute by discussion between people with authority to settle it. Neither of us is prevented from seeking urgent interlocutory relief.

What counsel needs to decide

Every open question in this document, in one list. Each appears in place above as well.

1. The contracting entity and its ACN or ABN. Every document has to name who the agreement is with. Currently written as “Recruited.com.au”, which is a product name rather than a legal person.
2. A registered address for notices. A notices clause without an address does not work, and the website deliberately publishes no address until one is approved.
3. Governing law and jurisdiction. Queensland is assumed. Assumed from where the team is. Counsel should confirm, including whether to specify a venue for disputes.
4. The Australian Consumer Law position, including whether any customer will be a “consumer” under section 3. The consumer guarantees cannot be excluded, and a $100,000 threshold means some small agencies may qualify. The limitation clause has to be drafted around that.
5. The liability cap and any carve-outs. Drafted as twelve months of fees, which is conventional but is a commercial decision rather than a legal default.
6. Whether Exchange participation is a schedule to these terms or a separate agreement. Exchange involves obligations between two customers as well as with us, which these terms are not shaped for.
7. The Employer Brief refund rule, and whether the A$99 charge is refundable in any case other than pre-publication rejection. The site states it is refunded if the Brief is rejected before publication. That needs to match the terms and the payment flow.
8. Whether an availability commitment is offered on any plan, and on what terms. The pricing page says Enterprise has “contracted limits and an SLA”. There is no SLA document yet.

Marking this document approved in site/content/legal.js removes this list, the drafting notes and the banner together, and the build then refuses to publish a document with an unresolved marker still in it.