Permanent Placement Life-Time Guarantee Terms and Conditions

1. 1. In these Terms, unless the contrary intention appears, the following words and phrases have the meanings set out opposite them:
   1. (a) "Certificate" means the certificate issued from the Guarantor to a Customer confirming the eligibility of a Customer to redeem that Certificate for the Life Time Guarantee in accordance with these Terms;
   2. (b) "Customer" means any entity that places an order with the Guarantor for a Placement;
   3. (c) "Guarantor" means Clarius Group Ltd trading as the One Umbrella ABN 43 002 724 334;
   4. (d) "Life Time Guarantee" means the guarantee provided in accordance with these Terms to a Customer by the Guarantor of a 50% discount off the Placement Fee invoiced to the Customer in relation to the replacement by the Guarantor of Placement personnel in a Role after the standard replacement guarantee period in the TOBs has elapsed;
   5. (e) "Placement" means the permanent employment or the offer and acceptance of a candidate by a Customer who has been sourced and presented to the Customer by the Guarantor in accordance with the TOBs and these Terms;
   6. (f) Placement Fee" means the fee payable by a Customer to the Guarantor in relation to a Placement and in accordance with the TOBs or as otherwise agreed to in writing between the Customer and the Guarantor;
   7. (g) "Required Period" means the period of 14 days from receipt by a Customer of an invoice from the Guarantor in relation to a Placement;
   8. (h) "Role" means the same position involving the same duties in relation to which the original Placement is ordered by the Customer from the Guarantor;
   9. (i) "Terms" means these terms and conditions of the Life Time Guarantee and also includes any information on how the Life Time Guarantee works that may be issued by the Guarantor to any Customer; and
   10. (j) "TOBs" means the Guarantor's terms of business.
2. 2. In order to be eligible to receive a Certificate from the Guarantor, a Customer must have:
   1. (a) Provided written acceptance of the TOBs to the Guarantor; and
   2. (b) Made a payment in full to the Guarantor in respect of a Placement within the Required Period.
3. 3. A Customer who has not complied with term 2 of these Terms will not be eligible to receive a Certificate from the Guarantor unless otherwise agreed to in writing by the Guarantor.
4. 4. A Customer who has received a Certificate from the Guarantor shall be entitled to redeem that Certificate with the Guarantor provided that:
   1. (a) A Customer exclusively uses only the Guarantor in relation to recruiting personnel for Placement in the Role; and
   2. (b) The Role is not made redundant or otherwise substantially changed so that the Role in effect relates to a different position with different duties.
5. 5. For the avoidance of doubt, a Customer will be entitled to redeem a Certificate with the Guarantor in the event that Placement personnel are promoted from a Role, provided that the role is not made redundant in compliance with rule 4(b) above.
6. 6. A Customer who has not complied with term 4 of these Terms will not be entitled to redeem a Certificate with the Guarantor unless otherwise agreed to in writing by the Guarantor.
7. 7. The Guarantor reserves their absolute right to disqualify any Customer from receiving a Certificate or being able to redeem that Certificate if a Customer does not comply with these Terms.
8. 8. The Certificate has no cash value and cannot be redeemed for cash (or for benefits in kind such as gift vouchers).
9. 9. The Guarantor shall not be liable to any Customer for any loss, damages, costs or claims arising out of the refusal to provide a Certificate in accordance with these Terms or any failure or inability of a Customer to redeem or use a Certificate in accordance with these Terms.
10. 10. These terms shall prevail in the event of any inconsistency between these Terms or the TOBs.