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Toozly Service Agreement

This Service Agreement (Agreement) is made between Toozly Pty Ltd, ABN 65 138 253 719 whose registered office is at 1d, 79 Oxford Street Bondi Junction NSW 2022 and the Employment Service whose details are set out below.

Registered Company Name



Trading Name



ABN / ACN

     

Postal Address (Head Office)

     

 

 

Contact Person

     

Job Title

     

Direct Phone

     

Direct email

     

 

BACKGROUND

Toozly.com.au is a job search website linking Employment Services and job seekers with disabilities to a network of organisations actively seeking to employ people with disabilities.

This Services Agreement sets out the terms upon which Toozly will provide Job Seeking Services to the Employment Service.



1.            DEFINITIONS

 

1.1       Authorised Consultant means any employee, consultant or agent of the Employment Service who registers with Toozly.com.au for the purpose of assisting any Jobseeker to access employment

 

1.2       Employment Service means the employment service listed above

 

1.3       Employment Service Email means the email address which the Employment Service allocates to an Authorised Consultant and which is immediately identifiable as an email address from the Employment Service’s domain.

 

1.4       Jobseeker means any job seeker with a disability who is a client of the Employment Service and in respect of whom the Employment Service utilises any of the Job Seeking Services

 

1.5       Job Application means any application for a position advertised on Toozly.com.au, whether made on Toozly.com.au or otherwise and whether made by an Authorised Consultant or by an individual Jobseeker directly or otherwise

 

1.6       Job Placement means the placement of a Jobseeker in a job advertised on Toozly.com.au in respect of which the Employment Services receives an Outcome Fee

 

1.7       Job Seeking Services means registration, Job Applications, job alerts and job seeker profiles and any other features or services which Toozly may, from time to time, make available on the Toozly.com.au

 

1.8       Outcome Fee means any fee which the Department of Social Services pays to the Employment Service in respect of a Job Placement

 

1.9       Toozly Outcome Fee means the fee which the Employment Service shall pay to Toozly in respect of any Outcome Fee and which appears in schedule 1 to this Agreement and which is subject to change by Toozly in accordance with the provisions of this Agreement.

 

1.10     Toozly.com.au means the Toozly domain

 

2.         ACCESS

 

2.1       The Employment Service may access Toozly.com.au for Job Seeking Services solely through an Authorised Consultant using the Consultant’s Employment Service Email and will ensure that no Authorised Consultant registers with Toozly.com or accesses any Job Seeking Services (including but not limited to a Job Application) on behalf of the Employment Service or an individual Jobseeker other than with the Consultant’s Employment Service Email.

 

2.2       Authorised Consultants and their Jobseekers will have access to search and apply for unlimited jobs on Toozly.com.au and to use any of the features and resources of Toozly.com.au including job alerts, Job Seeker Profiles and online resources in accordance with the provisions of this Agreement.

 

 2.3       In respect of any Job Application, the Employment Service shall ensure that the relevant Authorised Consultant shall include adequate identifying information, including, as a minimum, the Authorised Consultant’s Employment Service Email with any Job Application, whether the Job Application is made by the Authorised Consultant or the individual Jobseeker.

 

2.4       Toozly will support Consultants and their Jobseekers with Job Seeking Services and the Employment Service acknowledges that the Job Seeking Services may change or not be available at any time. Support will be as Toozly deems appropriate in the circumstances in its absolute discretion. This clause should not be interpreted to create any obligation on Toozly or to confer any right, benefit, interest, entitlement or claim upon any person or to guarantee the placement of any JobSeeker in any position advertised on Toozly.com.au or elsewhere.

 

3              TOOZLY OUTCOME FEES:

3.1       The Employment Service shall, in respect of any Job Placement, pay the then current Toozly Outcome Fee to Toozly in accordance with the provisions of this Agreement in consideration for the Job Seeking Services.

3.2              Toozly may, at its absolute discretion, increase the Toozly Outcome Fee annually and will notify the Employment Service of any such increase.

 

3.3       For the avoidance of doubt, no Toozly Outcome Fee is payable in respect of any Job Placement in relation to which the Employment Service does not receive an Outcome Fee.

 

3.4       The Employment Service shall provide Toozly, in each calendar month of the Agreement, with a statement of all Outcome Fees which it has received in the relevant calendar month (“Monthly Notification”). In the event that no Outcome Fees are paid or payable in any calendar month, it shall notify Toozly of that fact.

 

3.5       Toozly will issue the Employment Service with a monthly invoice in respect of all Toozly Outcome Fees arising in the previous calendar month, following each Monthly Notification. Toozly Outcome Fees are payable within 14 days of the monthly invoice date.

 

3.6       The Employment Service remains liable to Toozly for Toozly Outcome Fees under the provisions of this Agreement in respect of all Outcome Fees, whether or not they appear in a Monthly Statement.

 

4.         NO WARRANTY

 

4.1        Toozly offers no warranty as to the quality, quantity or suitability of vacancies listed        on Toozly.com.au nor in respect of the any employer listing vacancies either        generally or in respect of any individual Jobseeker.

 

4.2        Toozly has Service Agreements with other Employment Services and does not      guarantee the Employment Service or its Jobseekers any specific level of success        with, or exposure to Employers.

 

5.         NO DOCUMENTATION

 

5.1        Toozly is not responsible, under the provisions of this Agreement or otherwise, for          the provision of documentary evidence of employment as required by Employment         Services and Government funding bodies or any other entity and acts purely as a job          search and application facility.

 

6.         SITE TERMS

 

6.1        By entering into this Agreement, the Employment Service accepts the Toozly.com.au       Terms and Conditions which are available on Toozly.com.au (“Site Terms”) as part of       this Agreement and agrees to be bound by those Site Terms in addition to this        Agreement. Any such updates to the Site Terms will be notified to the Employment          Service via changes to the Site Terms.

 

6.2       In the event of any conflict between the Site Terms and this Agreement, the         provisions of this Agreement will prevail.  

  

7.         TERMINATION

 

7.1        Either party may terminate this agreement without cause on 5 business days’ email         notice to the other at email addresses designated for this purpose. In this event, the           effective date of termination of the agreement shall be the date which is 5 business      days after the date specified in the email termination notice (Effective Termination             Date). The Employment Service shall cease to make any Job Application after the          Effective Termination Date and shall ensure that each Authorised Consultant is aware of its obligations under this clause 7. If, despite the provisions of this clause        7, the Employment Service makes any such Job Application, the Employment        Service shall and shall remain liable for any Toozly Outcome Fee in respect of such Job Application.

 

 7.2  The Employment Service will remain liable for Toozly Outcome Fees in respect of any Job Application made before the Effective Termination Date of this Agreement and in respect of any outstanding invoice, notwithstanding its termination and, in the event of a termination notice from either party, will provide Toozly with a Monthly Notification within 2 business days of any notification under clause 7.

 

7.3  Toozly will invoice the Employment Service on the Effective Termination Date in respect of all Toozly Outcome Fees not yet invoiced (Effective Termination Date Invoice). The Employment Service shall make payment on the Effective Termination Date Invoice within 14 days of its date together with the payment of any other invoices which Toozly has issued to the Employment Service.

 

  

Executed by Toozly Pty Limited, in accordance with section 127 of the Corporations Act 2001.

 

     

…………………………………………………………………………………………………………………………..

Signature of Director                          Dr Jeffrey Baron Levi

 

 …………………………………………………………………………………………………………………………..

Signature of Witness                           Name of Witness

 

Date       /       / 

  

      

…………………………………………………………………………………………………………………………..

Signature of                                         Name of Director/Company Secretary

Director/Company Secretary       

 

     

…………………………………………………………………………………………………………………………..

Signature of witness                           Name of witness

 

Date       /       / 

 

 

 

Executed by [                                                                           ]

 

…………………………………………………………………………………………………………………………..

Signature of Director                          Name of Director

    

…………………………………………………………………………………………………………………………..

Signature of Witness                           Name of Witness

 

Date       /       / 

 

 

     

…………………………………………………………………………………………………………………………..

Signature of                                         Name of Director/Company Secretary

Director/Company Secretary       

 

   

…………………………………………………………………………………………………………………………..

Signature of witness                           Name of witness

 

Date       /       / 

 

 

 .............................................................................................................................................................

 

Schedule One 

Toozly Outcome Fees:

1. $500 plus GST of $50 at the time of placement

2. $500 plus GST of $50 at the first milestone (3 months)

3. $500 plus GST of $50 at the final milestone (6 months)

 

 

 

 

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