Terms of Service
Last updated: 1 January 2025
These Terms of Service govern the supply of talent advisory, healthcare recruitment and workforce consulting services by Acquisitive Healthcare Talent Advisory Pty Ltd (ABN 98 703 549 633), trading from Melbourne VIC, Australia, via our website at https://acquisitivehealthcaretalau.space. By engaging our services, requesting a quote, or using this website, you agree to these Terms.
1. About these Terms
These Terms apply to all engagements unless we agree in writing to vary them. Where a signed engagement letter, proposal or service agreement applies, that document prevails over these Terms to the extent of any inconsistency. Words such as "we", "us" and "our" refer to Acquisitive Healthcare Talent Advisory Pty Ltd; "you" and "your" refer to our client or website user.
2. Our Services
We provide healthcare talent advisory services, including but not limited to:
- Executive search and permanent placement services for healthcare organisations;
- Contingent and retained recruitment for clinical, allied health and administrative roles;
- Workforce planning, talent mapping and market intelligence consulting;
- Employer branding, candidate assessment and onboarding advisory services.
The specific scope, deliverables, timelines and fees for your engagement will be set out in your written quote or engagement letter.
3. Quotes and Engagements
Quotes provided by us are valid for thirty (30) days unless otherwise stated. A quote is an invitation to engage our services and does not constitute a binding offer until accepted. An engagement commences when you accept our quote in writing (including by email) or when we both sign an engagement letter. We may decline any engagement at our discretion, including where we identify a conflict of interest or where the requested work falls outside our areas of expertise.
4. Fees, Invoicing and Payment
Fees are set out in your accepted quote or engagement letter and are payable in Australian dollars (AUD). Unless otherwise agreed in writing:
- Invoices are payable within fourteen (14) days of the invoice date;
- Retained search engagements may be invoiced in instalments at agreed milestones;
- Goods and services tax (GST) is payable in addition to our fees where applicable;
- Reasonable pre-approved disbursements (such as advertising or psychometric assessment costs) are payable at cost.
Overdue amounts may attract interest at the rate prescribed under section 2 of the Penalty Interest Rates Act 1983 (Vic). You remain liable for fees for services performed up to the date of any termination in accordance with clause 11.
5. Your Obligations
You agree to provide accurate, complete and timely information reasonably required for us to perform the services, including role descriptions, remuneration bands, organisational policies and any statutory screening or registration requirements relevant to healthcare positions. You are responsible for your own final hiring decisions, right-to-work checks, professional registration verification (for example, AHPRA registration) and compliance with workplace, discrimination and privacy laws in relation to any candidate we introduce.
6. Confidentiality
Each party must keep confidential all non-public information received from the other party in connection with an engagement, and use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Candidate information we provide to you is supplied solely for the purpose of assessing suitability for the relevant role and must not be shared with third parties without our written consent.
7. Replacement and Guarantee Period
Where your engagement includes a placement guarantee, the terms of that guarantee (including the guarantee period and any conditions, such as timely payment of our invoices) will be set out in your quote or engagement letter. Our guarantee does not apply where a placement ends due to redundancy, restructuring, organisational change, or a material change to the role that was not disclosed to us before commencement.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Our services come with guarantees under the Australian Consumer Law that cannot be excluded, including that services will be provided with due care and skill and will be reasonably fit for purpose. Where the Australian Consumer Law applies and we breach a non-excludable guarantee, you may be entitled to the resupply of the services or payment of the reasonable cost of resupply, as permitted by that law.
9. Limitation of Liability
To the maximum extent permitted by law, and subject to clause 8, we are not liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill or business opportunity, however caused. Our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you to us for the relevant services in the six (6) months preceding the event giving rise to the claim. This clause does not limit liability for death or personal injury caused by negligence, or for any other liability that cannot lawfully be limited.
10. Intellectual Property
We retain ownership of all pre-existing intellectual property, methodologies, templates, market data and research tools used in delivering our services. Upon full payment, you receive a non-exclusive, non-transferable licence to use reports, shortlists and deliverables prepared for you for your internal recruitment and workforce planning purposes. You retain ownership of information you provide to us.
11. Termination
Either party may terminate an engagement for convenience on fourteen (14) days' written notice, or immediately if the other party commits a material breach that is not remedied within fourteen (14) days of written notice, or becomes insolvent. On termination, you must pay all fees and disbursements for work performed up to the termination date, and each party must return or destroy the other party's confidential information on request.
12. Website Use
Content on this website is provided for general information only and does not constitute professional recruitment, employment, legal or financial advice. You must not use this website in a manner that is unlawful, infringes the rights of others, or attempts to gain unauthorised access to our systems. We may update, suspend or withdraw any part of this website without notice.
13. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Candidate and client information collected during an engagement is used only for the purposes described in that policy.
14. Governing Law
These Terms and any engagement are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
15. Contact
Questions about these Terms may be directed to:
Acquisitive Healthcare Talent Advisory Pty Ltd
ABN 98 703 549 633
Melbourne VIC, Australia
Email: ceo@acquisitivehealthcaretalau.space
Send us an enquiry or request a quote and we will respond by email within two business days.