Terms & Conditions

1. Definitions

In these Terms, the following definitions apply:

• Candidate means any individual who registers with us, submits their CV, or is introduced to a Client through our recruitment services.
• Client means any business or organisation that engages us to provide Services.
• Engagement means a consulting, fractional, advisory or recruitment arrangement between Hive Talent and a Client, and in a recruitment context also means the commencement of a Candidate's employment or engagement with a Client.
• Fee means the fee payable by the Client to Hive Talent as set out in a proposal, statement of work, Terms of Business or written confirmation.
• Placement means the successful engagement of a Candidate introduced by Hive Talent to a Client.
• Proposal means a proposal, statement of work, engagement letter or written confirmation issued by Hive Talent describing the scope, fees and commercial terms of an Engagement.
• Remuneration means the total first-year package payable to a Candidate on commencement, including base salary, superannuation, and agreed allowances.
• Services means the consulting, fractional talent leadership, employer branding, people experience, technology, workforce and recruitment services provided by Hive Talent.

2. Scope of These Terms

2.1 These Terms apply to all Clients and Candidates who engage with Hive Talent, whether through our website, by telephone, email, or any other means.

2.2 These Terms are to be read alongside any Proposal, Terms of Business, engagement letter, or written confirmation issued by Hive Talent. In the event of any inconsistency, the written Proposal or Terms of Business will take precedence.

2.3 We reserve the right to update these Terms at any time. Updated Terms will be published on our website and take effect immediately upon posting.

3. Our Services

3.1 Hive Talent provides talent acquisition strategy, employer branding, fractional Head of Talent support, people experience, retention and engagement, technology solutions and recruitment services. We work with Clients across a range of industries throughout Australia, with particular experience in Health and Human Services.

3.2 We act as an independent service provider. Unless otherwise agreed in writing, we are not the employer of any Candidate placed with a Client, and personnel supplied in a fractional or consulting capacity remain contractors or employees of Hive Talent, not of the Client.

3.3 We do not guarantee specific hiring volumes, time-to-fill, or other commercial outcomes unless those outcomes are expressly agreed in a Proposal.

3.4 We reserve the right to decline to act for any Client or Candidate at our sole discretion.

4. Consulting and Advisory Engagements

4.1 Consulting, fractional and advisory work is provided on the scope, timeline and fees set out in the relevant Proposal. The Client confirms they have authority to enter into that Engagement and that the information they provide is accurate and complete.

4.2 The Client agrees to:

• provide timely access to people, systems, data and information reasonably required for us to deliver the Services;
• nominate a primary contact with authority to make decisions and give feedback;
• respond to requests and review deliverables within the timeframes set out in the Proposal, or otherwise within a reasonable time; and
• ensure that any personal information they provide to Hive Talent has been collected and may be disclosed in accordance with applicable privacy legislation.

4.3 Unless a Proposal says otherwise, Hive Talent will use reasonable skill and care in delivering the Services. Recommendations, frameworks and deliverables are provided for the Client's internal use. Implementation remains the Client's responsibility except to the extent we have been engaged to embed or deliver that work.

4.4 Either party may request a change to scope in writing. Additional work outside the agreed scope may be charged at the rates in the Proposal, or as otherwise agreed in writing, before that work proceeds.

5. Recruitment and Placement

5.1 Where a Client engages Hive Talent to source, screen or introduce Candidates, this section applies in addition to the rest of these Terms.

5.2 The Client agrees to:

• provide an accurate and complete brief for each role, including responsibilities, required qualifications, experience, and remuneration;
• treat all Candidate information as confidential and use it only for the purpose of assessing suitability for the relevant role;
• notify Hive Talent promptly if a Candidate introduced by us is engaged, directly or indirectly, in any capacity;
• conduct all interviews and assessments in compliance with applicable Australian employment and anti-discrimination legislation; and
• not approach, engage, or employ any Candidate introduced by Hive Talent other than through our Services and in accordance with these Terms.

5.3 Where a Client engages a Candidate introduced by Hive Talent without notifying us, or engages that Candidate in a different role or through a related entity, the Client agrees that a Fee remains payable as though a Placement had occurred through our Services.

5.4 We will use reasonable endeavours to source and introduce suitable Candidates. We do not guarantee the suitability of any Candidate or the outcome of any recruitment process. The Client is responsible for the final hiring decision, including reference, right to work and other checks it considers necessary.

6. Fees & Payment

6.1 Our fees are set out in the relevant Proposal or Terms of Business provided to the Client prior to commencement of Services. By proceeding with our Services, the Client accepts the fee structure outlined in that agreement.

6.2 Consulting, fractional and advisory fees may be charged as a fixed fee, a monthly retainer, or on another basis set out in the Proposal. Invoices will be issued in accordance with that Proposal.

6.3 For permanent placements, the Fee is calculated as a percentage of the Candidate's agreed Remuneration for the first year of employment, unless another structure is confirmed in writing. The applicable percentage will be confirmed before we commence searching. Our Fee becomes due and payable upon commencement of a Candidate's Engagement with the Client, and we will issue a tax invoice at that time.

6.4 Payment is due within fourteen (14) days of the invoice date unless otherwise agreed in writing.

6.5 We reserve the right to charge interest on overdue invoices at the rate of 1.5% per month, compounding monthly, from the due date until payment is received in full.

6.6 All fees are quoted exclusive of GST. GST will be added where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7. Guarantee Period

7.1 We offer a guarantee period for permanent placements as specified in the relevant Terms of Business or Proposal. This guarantee applies to recruitment Placements only, not to consulting or fractional engagements.

7.2 Where a Candidate's employment is terminated (by either party) within the guarantee period for reasons other than redundancy or structural change, Hive Talent will undertake one replacement search at no additional fee, provided that:

• the Client notifies us in writing within seven (7) days of the Candidate's departure;
• all invoices issued by Hive Talent are paid in full at the time of requesting a replacement; and
• the original role remains open and unchanged.

7.3 The guarantee does not apply where the Candidate's departure results from redundancy, role restructure, or any change in employment conditions made by the Client after commencement.

7.4 The replacement search is the sole remedy available to the Client under this guarantee. No refund of fees will be provided.

8. Candidate Terms

8.1 By submitting your information to Hive Talent, you confirm that all information provided is accurate, current, and complete. You agree to notify us promptly of any changes to your details, availability, or circumstances.

8.2 You authorise Hive Talent to present your details to Clients for the purpose of assessing your suitability for roles. We will seek your consent before presenting your profile to a specific Client where reasonably practicable.

8.3 Hive Talent does not guarantee that you will be placed in any role or that any particular outcome will result from our Services. We will use reasonable endeavours to identify and present suitable opportunities based on your skills and experience.

8.4 You agree not to misrepresent your qualifications, experience, or right to work in Australia. Providing false or misleading information may result in termination of our engagement with you and notification to the relevant Client.

8.5 You are responsible for obtaining independent advice in relation to any offer of employment, including in relation to taxation, superannuation, and your entitlements under Australian employment law.

9. Confidentiality

9.1 Both parties agree to keep confidential all information shared in connection with an Engagement, including role briefs, candidate details, commercial terms, business information, and any other information identified as confidential at the time of disclosure.

9.2 Clients must not disclose Candidate information to any third party without the prior written consent of Hive Talent and the relevant Candidate.

9.3 Candidates must not disclose details of Client business, operations, or hiring intentions to any third party.

9.4 These confidentiality obligations survive the termination of any engagement with Hive Talent.

10. Intellectual Property

10.1 Hive Talent retains ownership of its methodologies, tools, templates, frameworks and other materials developed independently of a Client Engagement. Nothing in these Terms transfers that ownership to you.

10.2 Subject to payment of all Fees due, the Client is granted a non-exclusive licence to use deliverables prepared specifically for that Client under a Proposal, for the Client's internal business purposes.

10.3 All content on our website, including text, images, and design, is owned by or licensed to Hive Talent and is protected by Australian and international intellectual property laws. You may not reproduce, adapt, distribute, or create derivative works from any content on our website without our prior written consent.

11. Limitation of Liability

11.1 Hive Talent will use reasonable skill and care in providing its Services. However, we make no warranty as to the suitability, competence, or character of any Candidate introduced to a Client, or the accuracy of information provided by Candidates or by Clients.

11.2 To the maximum extent permitted by law, Hive Talent's total liability for any claim arising out of or in connection with our Services is limited to the Fee paid to us in connection with the specific Engagement or Placement giving rise to the claim.

11.3 We are not liable for any indirect, consequential, special, or punitive loss or damage, including but not limited to loss of profits, loss of revenue, or loss of business opportunity.

11.4 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Australian law, including the Competition and Consumer Act 2010 (Cth).

12. Privacy

12.1 Hive Talent collects, uses and discloses personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

12.2 By engaging our Services, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

12.3 Clients and Candidates are responsible for ensuring that any personal information they provide to Hive Talent has been collected and may be disclosed in accordance with applicable privacy legislation.

13. Website Use

13.1 Our website is provided for general information purposes and to facilitate engagement with our Services. We do not warrant that the website will be available at all times or that its content is error-free.

13.2 Links to third party websites are provided for convenience only. We are not responsible for the content, accuracy, or privacy practices of any third party website.

13.3 You must not use our website for any unlawful purpose, or in a way that infringes the rights of others or restricts their use of the website.

14. Governing Law

14.1 These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

14.2 Where a dispute arises between a Client and Hive Talent, both parties agree to first attempt resolution through good-faith negotiation before commencing any formal legal proceedings.

15. Amendments

We may update these Terms at any time. Any changes will be posted on our website and will take effect from the date of publication. Continued use of our Services following any update constitutes acceptance of the revised Terms.

Version date: August 2026

16. Contact Us

If you have any questions about these Terms, please contact us:

Hive Talent
[email protected]