Recruitment Partner Terms and Conditions

By submitting this form and checking the acceptance box below, you agree to the following terms with:

AusPath Agency Pty Ltd
ABN: 92 662 386 227
Level 40, 140 William Street, Melbourne, VIC 3000, Australia
(“AusPath”)

Effective Date: 23 April 2025

Key Terms at a Glance

Joining Fee: AUD $990 + GST
Trial Offer: AusPath may waive the joining fee for approved recruiters as part of a limited-time offer
Monthly Access Fee: AUD $99 + GST per month after activation and expiry of any free trial
Placement Success Fee: Role-dependent and starts from AUD $2,500 + GST per successful placement
Fee Trigger: Payable upon signing of the employment agreement
Candidate Contact: Recruiters must not contact candidates outside the platform until an interview is required or approved
Candidate Profiles: Recruiters must not upload, edit, or repurpose candidate profiles
Candidate Charges: Recruiters must not charge fees to candidates
Confidentiality: Candidate identities and profiles are confidential to third parties except for genuine recruitment purposes under this agreement
Non-Circumvention: 24 months
Replacement Guarantee: AusPath will endeavour to replace a candidate in eligible cases within 90 days
Independent Contractor: Recruitment Partner acts independently and is not an employee, agent, or partner of AusPath

Full Terms

1. Purpose

AusPath authorises approved Recruitment Partners to access the AusPath Portal for the purpose of reviewing candidate profiles, shortlisting suitable candidates, requesting interviews, and placing suitable candidates into employment opportunities with Australian employers.

2. Recruiter Access

Approved Recruitment Partners are granted a limited, non-exclusive, revocable right to access the AusPath Portal for genuine recruitment purposes only.

Recruitment Partners may:

  • browse candidate profiles

  • shortlist suitable candidates

  • request interviews through the Portal or through AusPath

  • coordinate with employers regarding candidates introduced by AusPath

Recruitment Partners must not:

  • upload candidate profiles

  • edit candidate profiles

  • alter candidate documents or readiness information

  • scrape, copy, export, sell, or repurpose candidate data

  • share Portal access with unauthorised third parties

  • use Portal information for any purpose other than legitimate recruitment activity

3. Recruitment Partner Role

As an approved Recruitment Partner, your role is to:

  • develop and manage employer relationships

  • obtain genuine job orders from employers

  • use the AusPath Portal to review candidate profiles

  • shortlist suitable candidates for employer vacancies

  • request interviews through AusPath

  • liaise with employer clients throughout the recruitment process

  • notify AusPath promptly when an employer wishes to proceed with a candidate

Recruitment Partners do not:

  • upload or edit candidate profiles

  • contact candidates outside the AusPath process unless approved by AusPath

  • manage onboarding, migration, or visa services under the AusPath brand unless authorised in writing

  • charge candidates fees in connection with AusPath opportunities

  • bypass AusPath in relation to candidates introduced through the Portal

4. Candidate Contact Rules

To protect candidate integrity and maintain an orderly recruitment process:

  • Recruiters must not contact candidates outside the platform unless and until an interview is required or approved by AusPath.

  • Recruiters must not solicit candidates to bypass AusPath.

  • Recruiters must not engage candidates directly for roles introduced through AusPath without AusPath’s knowledge and involvement.

  • Recruiters must not encourage candidates or employers to avoid AusPath’s process or fees.

AusPath may contact and manage candidates directly for onboarding, preparation, interview coordination, offers, visa support, relocation support, and related services.

5. Fees and Payment Terms

Joining Fee: The standard one-time joining fee is AUD $990 + GST.

Monthly Access Fee: A monthly access fee of AUD $99 + GST applies once Portal access is activated following any applicable free trial period.

Placement Success Fee: Placement success fees apply for candidates sourced via AusPath. The Placement Success Fee is role-dependent and starts from AUD $2,500 + GST per successful placement, unless otherwise agreed in writing.

When the Fee Becomes Payable: The Placement Success Fee becomes payable upon signing of the employment agreement by the candidate and employer.

Payment Timeframe: Unless otherwise agreed in writing, invoices are payable within 7 days of issue.

No Candidate Charging: Recruitment Partners must not charge candidates any fee in connection with roles, introductions, placement activity, onboarding, or Portal access, unless expressly approved in writing by AusPath and permitted by law.

No Refund for Change of Mind: If the Recruitment Partner changes its mind after fees are paid, AusPath is not obliged to provide a cash refund. AusPath may, at its discretion, apply paid amounts as a credit toward future fees or services.

6. Confidentiality

All information relating to candidates, employers, Portal content, commercial arrangements, and AusPath operations must be kept strictly confidential.

Candidate identities and profiles are confidential to third parties except for the purpose of genuine recruitment activity under this agreement.

Candidate data may only be shared internally with personnel who have a genuine need to know for recruitment purposes and who are required to keep that information confidential.

7. Non-Circumvention

Candidates introduced through the AusPath Portal or directly by AusPath remain protected candidates of AusPath.

The Recruitment Partner must not, for a period of 24 months from the date of introduction of a candidate:

  • bypass or attempt to bypass AusPath

  • introduce the candidate to any employer, related entity, recruiter, or third party outside the AusPath process in order to avoid fees

  • engage the candidate directly outside the agreed process

  • use candidate information obtained from AusPath for unrelated opportunities without AusPath’s prior written consent

If a candidate introduced by AusPath is hired, engaged, or contracted within that 24-month period as a result of the introduction, the applicable Placement Success Fee remains payable to AusPath.

8. Replacement Guarantee

AusPath will endeavour to provide a replacement candidate where the placed candidate withdraws or ceases employment within 90 days from commencement of employment, including any applicable notice period, provided that:

  • all AusPath invoices have been paid in full

  • written notice is given to AusPath within 7 days of the Recruitment Partner or employer becoming aware that the candidate will no longer proceed or remain engaged

  • the Recruitment Partner or employer has fulfilled all obligations to the candidate, including lawful employment, sponsorship, migration, and workplace obligations where applicable

  • the replacement role is substantially the same as the original role

  • AusPath is given the exclusive opportunity to source the replacement candidate

The replacement guarantee does not entitle the Recruitment Partner to a refund, rebate, or cancellation of fees already paid.

The replacement guarantee applies to the initial candidate placed only and does not extend to any subsequent replacement candidate.

If the replacement role or salary package materially differs from the original placement, AusPath may issue an adjusted invoice or revised fee proposal.

AusPath is not responsible for government charges, visa costs, migration costs, travel, accommodation, or other third-party costs associated with any replacement candidate.

If the Recruitment Partner or employer fills the role independently before giving AusPath a genuine opportunity to source a replacement, AusPath has no further obligation to provide a replacement candidate.

9. Recruitment Partner Conduct

The Recruitment Partner agrees that it will:

  • act professionally and lawfully at all times

  • not misrepresent AusPath, its services, or its candidates

  • not guarantee job outcomes, visa approvals, or migration outcomes

  • not make false or misleading statements to employers or candidates

  • comply with all applicable recruitment, privacy, workplace, and anti-discrimination laws

  • use only approved AusPath marketing material where AusPath branding is referenced

The Recruitment Partner is an independent contractor and is not an employee, partner, joint venturer, or legal representative of AusPath.

10. Privacy and Data Use

Candidate data accessed through the Portal may only be used for genuine recruitment and placement activity connected with the Recruitment Partner’s approved use of AusPath.

Candidate details must not be:

  • sold

  • shared with unrelated third parties

  • copied into external databases for unrelated use

  • used for mass marketing or non-approved solicitation

11. Limitation of Liability

AusPath acts as a candidate access, coordination, and onboarding support provider. Final hiring decisions remain with the employer and/or Recruitment Partner.

To the fullest extent permitted by law, AusPath is not liable for employer decisions not to proceed, candidate withdrawal, visa refusal, registration delays, third-party delays, or any indirect or consequential loss.

If liability cannot be excluded, AusPath’s total aggregate liability is limited to the lesser of:

  • the fees paid by the Recruitment Partner under this agreement in the preceding 3 months; or

  • AUD $2,500.

12. Termination

This agreement commences when the Recruitment Partner’s application is accepted by AusPath.

Either party may terminate:

  • immediately for serious misconduct, fraud, misuse of data, non-payment, or circumvention

  • for material breach not remedied within a reasonable period after notice

  • on 30 days’ written notice

Termination does not affect accrued rights, unpaid fees, confidentiality obligations, privacy obligations, or the 24-month non-circumvention obligations.

13. Governing Law

This agreement is governed by the laws of Victoria, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

14. Entire Agreement

This agreement constitutes the entire agreement between the parties in relation to the Recruitment Partner program.

Any amendment must be in writing and approved by AusPath.

If any provision is unenforceable, the remaining provisions continue in full force and effect.

 

I agree to the Recruitment Partner Terms and Conditions.