“myfirstsalesjob ® ” is a business trading name and trademark of Deakon Pty Ltd., Australian Company Number 115 246 967.
These terms and conditions are deemed to be accepted by a Client registering a vacancy with Deakon Pty Ltd. (hereinafter called “Deakon”), or as soon as a Client interviews or offers employment to a candidate, and can only be varied by an authorised representative of Deakon.
2.0 Fees and Charges
Fees apply to the assessment, placement and training (including 8 x 1/2 days of professional sales training) per candidate, at an upfront fee of $12,865.00 Ex GST.
The full fee will be charged and is payable for any candidate directly or indirectly introduced by Deakon and subsequently employed in any capacity whatsoever within 12 months of the date of introduction.
In the event that a candidate originally introduced by Deakon is subsequently appointed in response to a Client’s advertisement or via an introduction by another organisation, then this does not nullify the original introduction by Deakon.
The Client agrees to notify Deakon within one working day of an offer of employment being made to a candidate introduced directly or indirectly by Deakon.
3.0 Payment Terms
No charge will be made unless an applicant introduced by Deakon joins or works for or on behalf of the client.
All fees become due on the date that the candidate commences employment with the Client. These terms apply regardless of whether the candidate fills the vacancy in respect of which he/she was introduced or another vacancy.
Payment shall be within seven (7) days of presentation of an invoice by Deakon to the Client.
Deakon reserves the right to charge interest at the rate of 2% per calendar month on all amounts outstanding at the expiry of seven (7) days after the date of invoice.
A credit card surcharge of 2.5% applies for payments made by VISA or MasterCard and 3% for AMEX
Deakon will be responsible for organising and managing the advertising as authorised by the Client and as detailed in the Advertising Schedule. Advertising above and beyond the scope of the Advertising Schedule will be subject to negotiation with Deakon.
Advertising will be invoiced by Deakon separately and in addition to the above fees and charges.
Payment of advertising fees shall be within seven (7) days of presentation of an invoice by Deakon to the Client.
Deakon reserves the right to charge interest at the rate of 2% per calendar month on all amounts outstanding at the expiry of seven (7) days after the date of invoice.
5.0 Replacement Guarantee
In the event that the employment of the introduced candidate terminates other than by reason of redundancy within the first twelve (12) weeks from the commencement of employment, the Client is entitled to one (1) replacement candidate free of charge.
The replacement clause will become null and void if full payment of fees is received any later than seven (7) days after the date of invoice or if the termination of employment is not notified to Deakon in writing within seven (7) days. In the event that a replacement candidate is also terminated, any subsequent replacement will NOT be provided free of charge.
The replacement candidate is required to undertake ALL sales training modules offered to the original candidate, regardless of the number of modules the original candidate has already undertaken. The sales training program offered to the replacement candidate will be subject to the same conditions as the original candidate.
6.0 Sales Training
Inclusive of the fee is Deakon’s 8 x 1/2 day sales training course entitled Fear – the Art of Selling ®. All eight modules of this sales training course can only be completed by the candidate introduced by Deakon and can only be undertaken once the candidate has commenced employment with the Client.
Within seven (7) days of the candidate commencing employment the Client is to enrol the candidate in Deakon’s first available Melbourne sales training course. Enrolment of the candidate in a sales training course in capital cities other than Melbourne is subject to negotiation with Deakon.
In the event that a Candidate Enrolment Form is not received by Deakon within seven (7) days of the candidate commencing employment, and/or if the candidate is not enrolled in the first available sales training course, then Deakon reserves the right to nullify the replacement clause.
The Client agrees to make every reasonable effort to ensure that the candidate attends all eight modules of the sales training course for which the candidate has been enrolled. The Client is to notify Deakon of the candidate’s inability to attend a module preferably at least 24 hours prior to the commencement of the scheduled module.
In the event that the candidate fails to attend more than one of the eight modules of the sales training course for which the candidate has been enrolled, then Deakon reserves the right to nullify the replacement clause.
A candidate whose employment with the Client has been terminated will not be permitted to either commence or complete the sales training course.
Costs associated with travel, accommodation or subsistence for the candidate will be at the Client’s expense.
All information provided by Deakon concerning the candidate is confidential. If a Client passes on information regarding the candidate to another employer, who then employs the candidate, the employer to whom Deakon introduced the candidate shall be liable for our full assessment, placement and training fee as per section 2.0.
Prior to employment, the Client is responsible for the suitability of the candidate and for verifying references and background. Deakon does not take references on its candidates and does not guarantee their past records or any information provided nor does it accept liability for misrepresentation concerning candidates introduced.
The Client shall be responsible for work and other permits, for the arrangements of medical examinations and / or investigations into the medical history of any applicant and for ensuring that the applicant satisfies any medical and other requirements or qualifications required by law.
The final decision to employ a candidate is the Client’s alone and Deakon bears no responsibility for any loss, damage, or delays which may arise directly or indirectly from any act or omission of any candidate introduced to its clients or from any actions committed by its candidates either before employment is offered or once employment has commenced.
REFERRAL / REWARD PROGRAM
- Participant(s) – means an individual who has submitted a Referral / Reward Program Application Form
- Program Account – means the program account opened for a participant for the purpose of accruing reward points.
- Program Website – means the website located at: http://www.myfirstsalesjob.com.au/career-advice/referral-reward-program.aspx
- Promoter – means myfirstsalesjob ® a division of Deakon Pty Ltd.
- Promotion or Program – means the Referral / Reward Program.
- Reward Points or Points – means points awarded to a participant for providing a valid referral(s)
- Eligible Products – means the products from the reward program range included in this program that participants can earn reward points for.
- The singular includes the plural and vice versa.
(B) ACCEPTANCE OF THESE TERMS AND CONDITIONS
- When a participant first visits the program website and submits a Referral / Reward Program Application Form, they are treated as having agreed to be bound by these terms and conditions.
- A participant agrees that these terms and conditions apply to any reward points they earn in this program.
- Participation in the program is open to individuals only. Sole Traders, Partnerships, Companies, Trusts, Associations & Co-operatives cannot directly participate in the program.
- Individuals must be a minimum of 18 years of age.
- Referrals will not be accepted if the staff from myfirstsalesjob ® are already aware of the prospect’s intention to hire NEW Professional B2B Sales Staff.
(D) PROGRAM DATES
- The program commences on the 1st of July 2010 and concludes at midnight on the 30th of June 2011.
- The program may be extended at the discretion of the Promoter.
(E) CANCELLATION OF PARTICIPATION AND PROGRAM TERMINATION
- The promoter may terminate a participant’s ability to participate in the program without notice for any reason including, without limitation if the participant:
- Fails to comply with these program terms and conditions
- Abuses any privilege accorded to the participant under the program
- Supplies any misleading information or makes any misrepresentations to the promoter or its agents in connection with the program
- The promoter may discontinue the program at any time at their discretion without prior notice. The promoter will not be liable for the suspension or termination of the program on any program account whatsoever including (without limitation) for any balance in a participant’s account at the time of suspension or termination.
(F) EARNING REWARD POINTS
- Participants in the program will earn reward points by referring businesses planning to hire NEW Professional B2B Sales Staff.
- 1 reward point = $1.00 AUD with 500 reward points awarded for each successful referral.
ACME Computers are planning to hire three (3) NEW Professional B2B Sales Staff. You refer them to myfirstsalesjob ® and we successfully place all candidates.
3 x 500 points = 1,500 points or $1,500.00 AUD
- Reward points will not be allocated until the promoter has successfully placed a candidate in the associated Sales Job listing and they have completed their probationary employment period (usually three months).
- Reward points may not be awarded until payment for the account has been received.
- Reward points accrued in the program account are not the property of the participant and are non transferable to any other person, entity or program account.
- At the completion of the program any unused reward points become the property of the promoter.
- Any individual found to have claimed or redeemed points that do not belong to them will have all points removed, their program account closed and legal action taken.
(G) REWARD POINT REDEMPTIONS
- No buy in or part payment from participants for rewards will be permitted.
- Participants must bring any discrepancies with rewards received to the promoter’s attention within 30 days of receipt of the reward.
- Reward points are not exchangeable, refundable, replaceable or transferable for
cash, credit or merchandise not in the program under any circumstances.
- Please allow up to 28 days for the delivery of rewards from redemption date.
- No cash payment will be given for any unused points.
- All points must be redeemed by the by 30th of June 2011.
(H) PRIVACY AND INFORMATION COLLECTION
- Participants authorise the promoter and its agents to seek access to, collect and use information about them for the purposes of marketing, planning, development and administration of the program.
- Full details of our Privacy Statement can be found at: http://www.myfirstsalesjob.com.au/Privacy.aspx
- In accordance with the Privacy Act, participants can access personal information about them held by the promoter and its agents and advise if they believe it is inaccurate, incomplete or out-of-date by contacting the promoter.
- The Promoter and its Agents:
- make no express or implied warranty or representation in connection with the rewards (including with respect to type, quality, standard of fitness for any purpose).
- are not liable for any loss participants suffer (including consequential loss) arising in connection with reward (including a failure to provide a rewards, its loss, theft or destruction).
- are not liable for any loss participants suffer (including consequential loss) in connection with The promoter or its agents negligence or their breaching a term, warranty or condition in relation to the program
- Where the promoter and its agents are liable for a breach of these terms and conditions, then their liability will exclude an indirect or consequential loss a participant may suffer.
- The promoter and its agents liability is limited to:
- Where the reward constitutes goods, replacement or repaid of the goods or payment of the cost of replacing or repairing the goods
- Where the reward constitutes a service, supplying the service again or payment of the cost of having the service supplied again.
- The promoter and its agent’s failure to enforce a term of these terms and conditions does not mean a waiver of them.
(J) CHANGES TO THESE TERMS AND CONDITIONS
- The Promoter reserves the right to change the program terms and conditions at any time.
- Changes may include (but not be limited to) changes to:
- The rewards available
- The way participants earn reward points
- The way participants can redeem points
- The number of points awarded and dollar conversion rates
- Any of these changes may be made even if they affect reward points participants have already earned.
- Participants are solely responsible for any government tax, duty or other charge imposed by law in respect of the program, the participant’s participation in the program, any reward points acquired or redeemed or any other transaction in within the program.
- All questions or disputes regarding eligibility for the program or the eligibility of reward dollars for accrual will be resolved by the promoter at its sole discretion. Any such questions or disputes must be brought to our attention and resolved within six (6) months.
AGREEMENT BETWEEN USER AND DEAKON PTY LTD.
The myfirstsalesjob ® Web Site is comprised of various Web pages operated by Deakon Pty Ltd.
The myfirstsalesjob ® Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the myfirstsalesjob ® Web Site constitutes your agreement to all such terms, conditions, and notices.
myfirstsalesjob ® reserves the right to change the terms, conditions, and notices under which the myfirstsalesjob ® Web Site is offered, including but not limited to the charges associated with the use of the myfirstsalesjob ® Web Site.
LINKS TO THIRD PARTY SITES
The myfirstsalesjob ® Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of myfirstsalesjob ® and myfirstsalesjob ® is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. myfirstsalesjob ® is not responsible for webcasting or any other form of transmission received from any Linked Site. myfirstsalesjob ® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by myfirstsalesjob ® of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the myfirstsalesjob ® Web Site, you warrant to myfirstsalesjob ® that you will not use the myfirstsalesjob ® Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the myfirstsalesjob ® Web Site in any manner which could damage, disable, overburden, or impair the myfirstsalesjob ® Web Site or interfere with any other party's use and enjoyment of the myfirstsalesjob ® Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the myfirstsalesjob ® Web Sites.
USE OF COMMUNICATION SERVICES
The myfirstsalesjob ® Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Deakon Pty Ltd. has no obligation to monitor the Communication Services. However, Deakon Pty Ltd. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Deakon Pty Ltd. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Deakon Pty Ltd. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Deakon Pty Ltd.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Deakon Pty Ltd. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Deakon Pty Ltd. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Deakon Pty Ltd. spokespersons, and their views do not necessarily reflect those of Deakon Pty Ltd..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DEAKON PTY LTD. OR POSTED AT ANY DEAKON PTY LTD. WEB SITE
Deakon Pty Ltd. does not claim ownership of the materials you provide to Deakon Pty Ltd. (including feedback and suggestions) or post, upload, input or submit to any Deakon Pty Ltd. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Deakon Pty Ltd., its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Deakon Pty Ltd. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Deakon Pty Ltd.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DEAKON PTY LTD. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEAKON PTY LTD. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE myfirstsalesjob ® WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE myfirstsalesjob ® WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEAKON PTY LTD. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE myfirstsalesjob ® WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEAKON PTY LTD. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Deakon Pty Ltd. reserves the right, in its sole discretion, to terminate your access to the myfirstsalesjob ® Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Victoria, Australia. and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of the myfirstsalesjob ® Web Site. Use of the myfirstsalesjob ® Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Deakon Pty Ltd. as a result of this agreement or use of the myfirstsalesjob ® Web Site. Deakon Pty Ltd.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Deakon Pty Ltd.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the myfirstsalesjob ® Web Site or information provided to or gathered by Deakon Pty Ltd. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Deakon Pty Ltd. with respect to the myfirstsalesjob ® Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Deakon Pty Ltd. with respect to the myfirstsalesjob ® Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the myfirstsalesjob ® Web Site and /or its suppliers are copyright protected © by Australian law under the Trade Marks Regulations act 1995. Permission to use, copy and distribute documents and related graphics contained on this web site is hereby prohibited for commercial use by any organisation or individual.
The name of Deakon Pty Ltd. and associated logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.
The following terms and / or logos are all registered ® trademarks of Deakon Pty Ltd. and listed with IP Australia: Fear – The Art of Selling ®, Q – Selling ®, myfirstsalesjob ®, mynextsalesjob ®, mysalesmentor ® , mysalesresources ® and SALES Jokes ® …
The following terms and / or logos are trademarks of Deakon Pty Ltd. and pending registration with IP Australia: SalesArticles ™, SalesBlog ™, SalesForum ™, SalesPodcasts ™, SalesTips ™, SalesTools ™, SalesVodcasts ™ and SalesWiki ™ …
These Terms & Conditions are effective from 1st January 2013.