1. The Programmed Permanent Placement Customer Attraction Campaign (“Campaign”) described in these terms and conditions commences at 12.01am Australian Eastern Standard Time (“AEST”) on 1 June 2024 and ends at 11.59pm (AEST) on 30 June 2024 (“Campaign Period”).
2. By participating in the Campaign, Programmed’s New Clients are deemed to accept these terms and conditions.

For the purposes of these terms and conditions:

“Appointment Fee” means the fee for the Placement calculated in accordance with the New Client’s contract with Programmed.

“Candidate” means a person introduced by Programmed to the New Client for a permanent (full-time or part-time) blue-collar position as the New Client’s employee.

“Existing Client” means a customer to whom Programmed has provided services since 31 May 2023.

“New Client” means:

• a potential customer;
• an Existing Client to whom Programmed has not provided Permanent Placement Services since 31 May 2023,

provided that Programmed is not currently engaged in contract negotiations for Permanent Placement Services with it.

“Guarantee Period” means the agreed time period (if any), if during which a Placed Candidate resigns or is terminated from their employment, Programmed will replace the Placed Candidate free of charge (subject to the terms and conditions of that replacement guarantee).

“Order” means an order placed by the New Client with Programmed for one or more Candidates.

“Permanent Placement Services” means the provision of recruitment services for Placement of Candidates with Programmed’s clients.

“Placement” means when a Candidate accepts an employment offer by the New Client, and “Placed” has the corresponding meaning.

“Programmed” means Programmed Skilled Workforce Pty Ltd (ACN 005 585 811).

“Promotional Offer Amount” means 50% of the Appointment Fee plus GST paid by the New Client in respect of each Placement.

3. Promotional Offer. If:
   • during the Campaign Period, a New Client signs a new contract with Programmed for Permanent Placement Services;
   • during the Campaign Period, submits an Order;
   • the Candidate is Placed on or before 31 July 2024;
   • the Appointment Fee is paid by the New Client within the due date in accordance with the New Client’s contract with Programmed; and
   • the Guarantee Period has expired without the New Client having requested a replacement Candidate,

then the New Client will be eligible for the Promotional Offer Amount. Each New Client is only entitled to one Promotional Offer Amount in respect of each position in an Order.

4. Promotional Offer Amount. The Promotional Offer Amount is applied as a discount to the Appointment Fee in an invoice issued by Programmed under the New Client’s contract with Programmed. If Programmed subsequently determines that the New Client does not satisfy the eligibility criteria in clause 3, Programmed is entitled to issue, and the New Client must pay Programmed, an amount equal to the Promotional Offer Amount. The payment terms in the New Client’s contract with Programmed apply to the payment of that amount.
5. Programmed may, in its absolute discretion, suspend, vary or terminate this Campaign at any time. Any variation will come into effect as at the date published by Programmed.
6. Programmed reserves the right to vary these terms and conditions at any time in its sole discretion. Any such variation will come into effect as at the date published by Programmed.
7. Programmed reserves the right to deem anyone ineligible for the Campaign for any reason, with or without notice.
8. This offer is not valid in conjunction with any other Programmed offer or promotion.
9. Programed accepts no liability in respect of any tax implications that may arise from the payments made in connection with this Campaign. Independent financial advice should be sought where necessary. Any liability for tax that applies in connection with the Campaign and payments made in connection with the Campaign is the sole responsibility of the New Client.
10. Except for liability which cannot be excluded by law, Programmed (including its related bodies corporate, employees, agents and representatives) excludes all liability for:
    • loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or incurred (whether or not arising out of any person's negligence) arising in any way out of the Campaign;
    • any breach of these terms and conditions or any term implied by law (including by statute) by Programmed;
    • any failure, delay or inability to make a payment in connection with this- Campaign; or
    • any technical difficulties or equipment malfunction.
11. If any warranty or condition is implied in these terms and conditions by law and cannot be excluded, the liability of Programmed for breach of such a warranty or condition is limited (where permissible by law) to $100 (AUD).
12. These terms and conditions will be governed by and construed in accordance with the laws that govern the New Client’s contract with Programmed for Permanent Placement Services and the New Clients irrevocably submit to the jurisdiction of the courts and tribunals of that State.