The Employer’s Terms govern the relationship between the employer, the person looking to find an employee (Employer), and Go Remote Pty Ltd trading as Pointer Remote Roles (Pointer Remote Roles). You must read the Employer’s Terms carefully before you create an account and use Pointer Remote Roles’ website. Contact Pointer Remote Roles if you have any questions. By creating an account, you agree to be bound by the Employer’s Terms.
1. Role of Pointer Remote Roles
1.1 Pointer Remote Roles is a facilitator only. Pointer Remote Roles’ role is to assist you find a potentially suitable person (Candidate) to meet your requirements.
1.2 In accordance with the terms of this agreement, Pointer Remote Roles will match the keywords or description you included in your job advertisement with Candidates on our system. Until the position is filled (by Pointer Remote Roles or externally) or you choose to no longer advertise, Pointer Remote Roles will advertise the position through its network (up to 6 months).
1.3 Pointer Remote Roles does not enter any agreement for you or on your behalf. You will communicate and contract directly with the Candidate.
1.4 Pointer Remote Roles gives no warranties or guarantees that use of the Pointer Remote Roles website will lead to you finding a suitable Candidate.
1.5 Pointer Remote Roles will not get involved in any disputes between you and a Candidate whether or not you enter into a contract with them.
2. Registration with Pointer Remote Roles
2.2 Once you are registered, the details of the position you wish to advertise, including business description, remuneration, employment type, role requirements and desirables, will be entered into our system. The position will be sent to all Candidates whose skills and experience match the position and if the Candidate is interested in the position, their profile will be sent to you. You can interview Candidates by contacting them directly.
2.3 Pointer Remote Rules may, in its sole discretion, refuse to register an account for any reason and will incur no liability or be responsible for any loss or damage to you no matter how it arises.
3.1 To advertise a role on Pointer Remote Roles, there is a $500 + GST fee charged before the job is advertised.
3.2 All amounts payable under this agreement, must be paid by direct deposit or such other method as offered by Pointer Remote Roles. If you pay by credit card you must keep your credit card details current and you must ensure that there is sufficient credit on your credit card for the payment to be made. Pointer Remote Roles reserves the right to suspend your account, including your ability to advertise positions vacant, until all outstanding payments are made and up to date.
3.3 Pay to post payments will be taken before job is approved and posted. If the job is not approved, the fee will be refunded minus handling fee of 4%.
3.4 All fees, unless otherwise stated, are exclusive of GST and other applicable taxes.
4. Your obligations
4.1 You must, at all times, answer all questions honestly, correctly and completely including when you create your account, register the details of any position vacant and when you talk to Candidates. All jobs advertised must in fact exist.
4.2 It is your responsibility to negotiate the terms of your agreement with the Candidate. Pointer Remote Roles emails a 'Soft Skills' reference check to the Candidate’s two referees and will provide the results of this check to you on request. However, you are also responsible for making your own inquiries of the Candidate, checking references and making sure you consider they are suitable for you. Apart from the soft skills reference check, referred to in this clause, Pointer Remote Roles does not conduct its own inquiries as to any of the information supplied by the Candidates. Pointer Remote Roles will not be responsible if you do not find the Candidate suitable or if they do not have the qualifications or experience as represented by them on their Pointer Remote Roles profile or to you.
4.3 You must ensure that any information, including pictures, that you include in your job advertisement with Pointer Remote Roles, is accurate, correct and kept up to date for the time it is advertised. You must inform Pointer Remote Roles to remove the advertisement as soon as possible, once you have employed or contracted with someone to fill the position or you have decided there is no longer a need for that role.
4.4 You understand that you may have certain legal obligations to the Candidates including insurance, worker’s compensation, payment of award rates, tax obligations and compliance with laws relating to working with children. These are your obligations and Pointer Remote Roles is not liable to you, the Candidate or any third party if you do not meet these obligations.
4.5 You must not use anyone else’s account or allow anyone else to use your account.
4.6 You must not provide the details of a Candidate obtained from using the Pointer Remote Roles website to any third parties unless the Candidate has expressly agreed to the disclosure of details.
5.1 Either party may terminate this agreement immediately on giving the other party written notice if:
a). the other party is in breach of any provision of this agreement and the party in breach has failed to remedy the breach within 14 days of receipt of written notice from the other party describing the breach and calling for it to be remedied;
b). the breach is not capable of remedy;
c). the other party is unable to pay its debts when they fall due, any steps are taken for the winding up or similar of the other party or the other party takes steps to go into bankruptcy or becomes bankrupt.
5.2 Pointer Remote Roles may terminate this agreement immediately on giving you written notice if, in Pointer Remote Roles’ opinion, your continued use of the Pointer Remote Roles’ website will or may cause damage or disrepute to Pointer Remote Roles’ reputation or cause Pointer Remote Roles to breach any applicable law.
5.3 Pointer Remote Roles will be under no liability whatsoever to refund any Fee or commission paid by you if this agreement is terminated irrespective of the reason for the termination.
6.1 You use the Pointer Remote Roles’ website at your own risk. Both are provided on an “as is” basis.
6.2 Except as expressly set out in this agreement, and subject to any guarantees, warranties or conditions that by law may not be excluded, all guarantees, warranties and conditions and similar, imposed by law or otherwise relating to the services provided by Pointer Remote Roles under this agreement are excluded.
6.3 To the extent permitted by law, Pointer Remote Roles will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by Pointer Remote Roles, including as a result of not being able to obtain employees, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.4 To the maximum extent permitted by law, the aggregate liability of Pointer Remote Roles under or in relation to this agreement (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by Pointer Remote Roles to you and which directly led to Pointer Remote Roles’ liability arising.
6.5 You agree to defend, indemnify and hold harmless Pointer Remote Roles, its subsidiaries, affiliates, licensors, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against Pointer Remote Roles arising out of your use of Pointer Remote Roles’ facilitation services and the employment of Candidates, your breach or alleged breach of the terms of this agreement or of any representation or warranty contained in this agreement.
6.6 You agree that Pointer Remote Roles is not responsible for any reviews posted by Candidates on Pointer Remote Roles’ website or any other website or social media account and is not liable for any loss and damage you suffer as the result of a negative review. If you have an issue with any review please email the system administrator at firstname.lastname@example.org.
7.1 A notice given under this agreement must be in writing and sent to Pointer Remote Roles via email to email@example.com, to Employer at the address on Pointer Remote Roles’ register or to Pointer Remote Roles’ postal address at 278 Burkes Creek Road, The Rock, New South Wales, 2655 (the Postal Address). A notice is deemed to be received:
a). if sent by hand when delivered to the addressee;
b). if by post, 7 business days from and including the date of postage, on delivery to the Postal Address; or
c). if by email, on receipt by the sender of read receipt.
If the delivery or receipt is on a day which is not a business day or is after 5:00pm (addressee’s time) it is deemed to be received at 9:00am on the following business day.
7.2 This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
7.3 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
7.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.