Customers of the Cubic Resources RecruitPlus product plan identified as "Subscribers" or "Subscriber" agree to be bound by the following terms and conditions.

1. In these terms and conditions references to "this agreement" mean these terms and conditions, the RecruitPlus agreement signed by the Subscriber and any variations to those 2 documents or additional terms agreed in writing.
2. As a condition of using any services supplied by CUBIC, Subscribers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (C'th) and all anti-discrimination and equal opportunity legislation applicable in each place in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number or other evidence must be provided to CUBIC prior to the subscription commencing.
   
3. CUBIC will review submitted job/ role specifications prior to acceptance. CUBIC reserves the right to withdraw without notice to the Subscriber (at the option of CUBIC) any placement request that may in CUBIC's view be in breach of any clause of this agreement or of any law or regulation. CUBIC also reserves the right to terminate this agreement if the Subscriber requests any placement that may be in breach of any law or regulation.
   
4. Subscribers indemnify and will keep indemnified CUBIC, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by CUBIC in connection with:
   
   1. any breach of this agreement by the Subscriber;
      
   2. any negligent act or omission by the Subscriber; or
      
   3. an actual or alleged breach by a Subscriber of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of the Subscriber's actions in relation to a job placement request.
      
5. CUBIC will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
   
6. CUBIC makes every reasonable effort to confirm the suitability of any candidate introduced to the Subscriber. However, CUBIC makes no warranty, express or implied, as to the suitability of any candidate introduced to the Subscriber.
   
7. CUBIC agrees to use all reasonable efforts to provide a shortlist of candidates in the shortest possible time. CUBIC is not liable for any loss or damage incurred by a Subscriber as a result of any failure or delay in providing short listed candidates.
   
8. The Subscriber warrants and undertakes that it has the legal capacity and power to enter into this agreement and perform its obligations under it.
   
9. Subscribers agree at all times to deal with any information or products provided by CUBIC in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
   
10. Subscribers must ensure that all job placement requests submitted to CUBIC comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
    
    1. Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that Subscribers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
       
    2. Fair Trading Acts in all applicable States and Territories; and
       
    3. Privacy Act 1988 (Cth) including the National Privacy Principles.
       
11. Subscribers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without CUBIC's prior written approval (which will not be unreasonably withheld). If Subscriber is a company, any change in Subscriber's effective control shall be deemed an assignment for the purpose of this clause.
    
12. Subscribers agree that CUBIC retains all intellectual property rights contained in any of the goods and services provided to Subscriber by CUBIC. The Subscriber has a licence to use such intellectual property only for the purpose and on the occasion(s) for which it is provided by CUBIC.
    
13. To the fullest extent permitted by law all warranties, representations, terms or conditions for the benefit of the Subscriber that might otherwise be implied in this agreement at common law or under statute are excluded.
    
14. Subscribers acknowledge and agree that CUBIC acts as a medium through which individuals seek employment opportunities and that CUBIC disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Subscriber employing or engaging any person sourced through CUBIC.
    
15. CUBIC's liability in relation to this agreement or the services provided under this agreement, whether arising under contract, statute or common law, or arising in negligence or otherwise, is strictly limited at CUBIC's option either to supplying the relevant services again (or an equivalent service) or to paying the cost of having the services provided again.
    
16. Should any candidate appointed subsequently resign of their own volition, or be terminated due to unsatisfactory performance by the Subscriber within the current Subscription period, CUBIC agrees to replace that candidate to the same specification as originally provided. Changes to the job/ role specification such as title or location, work type, industry and occupation category will constitute a new job.
    
17. Any reference to per annum remuneration means the first year remuneration package consisting of base salary plus superannuation.
    
18. Subscribers agree that pursuant to the Privacy Act 1988 (Cth), CUBIC may obtain from either a credit reporting agency or other credit providers:
    
    1. personal credit information about the Subscriber for the purpose of assessing a Subscriber's commercial credit worthiness; and
       
    2. consumer credit report about the Subscriber for the purpose of collecting overdue payments relating to fees owed by the Subscriber.
       
19. Subscribers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to CUBIC without CUBIC's prior written approval.
    
20. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
    
21. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
    
22. This agreement is governed by the laws of New South Wales. Subscribers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.