Terms and Conditions
Open Lotus Pty Ltd
ABN: 45 600 896 491
Effective Date: 16 August 2025
1. Introduction
These Terms and Conditions (“Terms”) govern the provision of IT Recruitment and AI Solutions services (“Services”) by Open Lotus Pty Ltd (“we”, “us”, “our”) to clients (“you”, “your”).
By engaging our Services, you agree to be bound by these Terms.
2. Services
2.1 IT Recruitment Services
· Sourcing, screening, and presenting candidates for your review.
· Facilitating interviews, reference checks, and job offers.
· Providing recruitment advice and market insights.
2.2 AI SolutionsServices
· Consulting, design, and development of AI-driven tools, applications, and automation solutions.
· Integration of AI technologies into client workflows.
· Ongoing AI system maintenance and optimisation (where contracted).
3. Client Obligations
· Provide accurate, complete, and timely information required for service delivery.
· For recruitment: Ensure compliance with employment laws when hiring candidates.
· For AI solutions: Provide necessary access to systems, data, and relevant resources.
· Maintain confidentiality of any proprietary or sensitive information provided by us.
4. Fees & Payment
· All fees are outlined in the signed proposal, contract, or service agreement.
· For recruitment, fees are payable upon the candidate’s start date unless otherwise agreed.
· For AI solutions, fees may be charged on a fixed-price or time-and-materials basis.
· Invoices are payable within [14] days of issue unless otherwise stated.
· Late payments may incur interest at [X]% per month.
5. Candidate Replacement (Recruitment Services)
· If a candidate leaves within 4 weeks of commencement (excluding redundancy or restructure), we will provide a replacement candidate at no additional fee, subject to our replacement policy.
6. Intellectual Property (AI Solutions)
· All intellectual property (“IP”) developed by us for you will be transferred upon full payment, unless otherwise agreed.
· We retain the right to reuse non-confidential code, algorithms, or processes for other projects.
7. Confidentiality
· Both parties agree to keep confidential any proprietary, personal, or commercially sensitive information received during the engagement.
· Confidentiality obligations survive termination of the engagement.
8. Data Protection
· We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
· For AI solutions, any client data provided will be used solely for the purposes of delivering the contracted services.
9. Limitation of Liability
· We are not liable for any indirect, incidental, or consequential losses.
· For recruitment, we do not guarantee a candidate’s performance or long-term suitability.
· For AI solutions, we do not guarantee uninterrupted or error-free system performance.
· Our total liability is limited to the total fees paid for the relevant service in the 12 months preceding the claim.
10. Termination
· Either party may terminate the agreement with written notice if the other party breaches these Terms and fails to remedy within 14 days.
· Fees due for work performed up to the date of termination must be paid in full.
11. Governing Law
· These Terms are governed by the laws of New South Wales, Australia, and any disputes shall be resolved in the courts of New South Wales.
12. Changes to Terms
· We may update these Terms from time to time by publishing the updated version on our website.
· Continued use of our Services constitutes acceptance of the updated Terms.
Contact:
Open
Lotus Pty Ltd
Email: info@openlotus.au
Website: openlotus.au