Written to be read, once, by the person who accepts them for a company. If any of it is unclear, that is our failure and we would like you to tell us: hello@zagg.app.
In short
Zagg is where experienced software developers in Australia choose the companies they want to talk to. A developer who chose your company sends you an anonymous card. Saying Interested reveals their name and full profile and opens the conversation. You pay Zagg only if you hire a developer we introduced: 12.5% of their first-year base salary, invoiced once they have started and payable within 14 days. If they leave within six months, part of the fee comes back to you as a credit on your next invoice from us. If you engage a developer as a contractor, we bill you weekly instead: their hourly rate plus our margin, with no guarantee. There is no exclusivity, no retainer, and nothing to sign before there is a person you want to meet.
1. Who we are, and who you are
Zagg Pty Ltd (ABN 80 662 135 435), trading as Zagg ("Zagg", "we", "us", "our"), operates the Zagg platform at zagg.app. "You" and "the Company" mean the company or other entity on whose behalf these terms are accepted. Notices to us go to hello@zagg.app; notices to you go to the email addresses linked to your company's Zagg accounts.
2. When these terms take effect
2.1 You accept these terms the first time someone from your company clicks Interested on a developer's card on the Zagg platform and ticks the acceptance. That click reveals a developer's identity to you, and the terms cover that developer and every developer we introduce to you after it.
2.2 Only a person authorised to bind the Company may accept. By accepting, that person confirms they have that authority. Zagg records who accepted, when, from where, and which version was accepted.
2.3 These terms also apply if you act on an introduction without accepting online: interviewing, asking for more about, or engaging a developer we introduced.
2.4 You do not need to accept these terms to join Zagg, build your company page, put roles on it, or receive anonymous cards. Nothing is owed until you say Interested, and nothing is payable until you hire.
3. What Zagg does
3.1 Zagg vets developers ourselves, by a person, before any company can see them. We do not test them and we do not guarantee that any developer is suitable for you.
3.2 Developers choose which companies may approach them. You see a developer only when they have chosen your company: first as an anonymous card (their title, seniority, city, skills and how recently each was used, their salary expectation and how long they are looking), then in full once you say Interested.
3.3 You have 48 hours, not counting weekends, to answer a card with Interested or Not right now. If you do not answer, the card is declined for you and the developer is told. Silence is never an answer on Zagg.
3.4 Once you say Interested, you and the developer talk directly. Zagg is not in the conversation and does not represent either of you in it.
3.5 A developer on Zagg may be talking to several companies at once, on Zagg and elsewhere. They decide which offer, if any, to accept.
4. Definitions
Base Salary means the developer's fixed annual gross cash salary under their employment contract with you, excluding superannuation, bonuses, commissions, equity, sign-on payments, allowances and any other variable or in-kind remuneration. For a part-time role it means the full-time-equivalent figure.
Developer means a person Zagg has introduced to you.
Introduction means the first time we reveal a developer to you by name, or otherwise make known to you information from which you can identify them, on the Zagg platform or otherwise. Introduced has the same meaning.
Placement means a Developer accepting an offer of employment from you and starting work.
Start Date means the Developer's first day of employment with you.
Engage means to employ or engage a person for work in any form: full-time, part-time, fixed-term or otherwise.
Related Entity means a related body corporate or associated entity within the meaning of the Corporations Act 2001 (Cth), or a partnership or trust connected with you.
5. Our fee
5.1 Our fee is 12.5% of the Placement's Base Salary. It is payable on a Placement and on nothing else: not on an Introduction, not on an interview, not on an offer.
5.2 We invoice once the Developer has started. On the Start Date we ask you, on the Zagg platform, to confirm the start, change the Start Date, or tell us the Developer is not starting. If you have done none of these by 3pm, your time, on the third day after the Start Date, the start is treated as confirmed and we invoice, unless the Developer has told us they have not started. If a Developer accepts an offer but does not start, no fee is payable, and any fee already paid for that Placement comes back to you in full as a credit under 7.4.
5.3 Payment is due within 14 days of the invoice date.
5.4 All fees are exclusive of GST. GST is payable in addition where it applies.
5.5 Overdue amounts accrue simple interest at the Reserve Bank of Australia cash rate plus 4% a year, calculated daily from the due date until paid.
5.6 There is no exclusivity, no retainer and no minimum. The fee is the same whether or not you are working with other agencies or hiring through other channels.
6. Introduced developers
6.1 If you or a Related Entity Engage an Introduced Developer within 12 months of the Introduction, and the engagement arises from or is connected to our Introduction, our fee is payable, whether or not it is for the role you were hiring for at the time and whether or not the engagement happens on Zagg.
6.2 If you believe a Developer we introduce is already known to you, tell us in writing within 7 days of the Introduction, with reasonable evidence. Otherwise the Developer is treated as Introduced by us.
6.3 Tell us when you make an offer to, or Engage, an Introduced Developer. The Zagg platform is the easiest way to do that, and it is also where the Start Date and the guarantee are recorded.
7. The six-month guarantee
7.1 If a Placement ends within six months of the Start Date, part of the fee comes back to you as a credit: the fee divided by six, multiplied by the number of whole months of the six that the Developer did not work, with the GST on it. A month the Developer worked any part of counts as worked. A Placement that ends in month three, for example, returns half the fee.
7.2 The guarantee applies where the Developer resigned, or you ended the employment for performance or conduct, and you or the Developer tell us within 14 days of the employment ending.
7.3 It does not apply where the employment ended because of redundancy, restructure, the role being removed or materially changed, a sale of the business, a material change to the agreed terms of employment, or conduct by you that a reasonable person would consider entitled the Developer to leave.
7.4 The credit is a credit note, issued within 14 days of our confirming the claim. It comes off your next invoices from us, as much as each invoice allows, until it is used up. If you would rather have it in cash, ask us: once the fee it came from has been paid, we refund what is left of the credit within 14 days, to the account the fee was paid from.
7.5 Zagg stays open to you to fill the role again. A further Placement for it, with a different Developer, carries our fee in the normal way.
7.6 If you or a Related Entity re-Engage the original Developer within 12 months of their leaving, the credit is cancelled, any part of it already used or refunded is repayable, and our full fee on that Placement applies.
7A. Contract work
7A.1 Where you Engage an Introduced Developer as a contractor, sections 5.1, 5.2 and 7 do not apply to that engagement. Instead, we bill you for the hours they work at their agreed hourly rate plus our margin. For a contractor with their own ABN, you pay their hourly rate divided by 0.85: our margin is 15% of what you pay. For a contractor paid through payroll, you pay their hourly rate plus 25%.
7A.2 We bill weekly. Until timesheets are on the Zagg platform, we agree the hours worked with you each week and invoice by hand. Each invoice is due within 14 days, and sections 5.4 and 5.5 apply.
7A.3 There is no guarantee on contract work.
7A.4 If you or a Related Entity take the Developer on permanently, our fee for that is $10,000 instead of the fee in section 5.1. That fee carries no guarantee, and section 7 does not apply to it.
7A.5 A contract runs to the agreed end date recorded on Zagg. You can extend it there, take the Developer on permanently, or let it end on the date; tell us if it ends earlier. If we hear nothing within three days of the agreed end, we record it as ended on that date and stop billing from it.
7A.6 Section 6 applies to contract work as it does to any other Engagement.
8. Confidentiality
8.1 Each party keeps the other's confidential information confidential and uses it only for the purposes of these terms.
8.2 Yours includes what you tell us about your team, hiring plans and business. Ours includes the information developers share on Zagg and our market intelligence.
8.3 This does not apply to information that is public other than through a breach, independently developed, or required by law to be disclosed.
9. Developers' personal information
9.1 What a Developer shares with you on Zagg is for the purpose of considering them for a role at your company, and for nothing else. You must not share it outside your company, keep it beyond what that purpose needs, or use it to approach them outside Zagg for another purpose, and you must handle it in accordance with the Privacy Act 1988 (Cth).
9.2 You agree that we may use your role briefs and what you share with us to run the marketplace and to produce aggregate, de-identified market intelligence that does not identify you.
9.3 Our handling of personal information is described in our Privacy Policy.
10. We are not the employer
10.1 Zagg introduces developers to companies. Any employment or engagement is solely between you and the Developer. We are not the employer of any Developer and we are not responsible for payroll, superannuation, tax, insurance, work health and safety or any other employment obligation.
10.2 We provide information about Developers in good faith, based on what they and public sources have told us and on our own vetting. We do not warrant its accuracy or completeness. You are responsible for satisfying yourself about a Developer's suitability, qualifications, references and right to work in Australia, and for any checks the role requires, before you make an offer.
11. Liability
11.1 To the extent the law allows, our total liability under or in connection with these terms is limited to the fees you have paid us for the relevant Placement.
11.2 Neither party is liable to the other for indirect or consequential loss, loss of profit or loss of opportunity.
11.3 Nothing in these terms excludes, restricts or modifies any right or remedy that cannot be excluded under the Australian Consumer Law or other applicable law.
11.4 Neither party is liable for failure or delay in performing an obligation, other than an obligation to pay, caused by an event beyond its reasonable control.
12. Governing law
These terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts. Before starting court proceedings, other than for urgent relief, the parties will try in good faith to resolve any dispute by discussion between senior representatives.
13. General
13.1 These terms are the entire agreement between us about their subject matter and replace any earlier understanding. A variation specific to your company must be agreed in writing by both parties.
13.2 We may update these terms. We will publish the new version on Zagg and, where a change is material, bring it to your attention; the next Interested click after the change accepts the new version. The version you accepted governs every Introduction made while it was current.
13.3 Neither party may assign its rights without the other's written consent, not to be unreasonably withheld.
13.4 If any part of these terms cannot be enforced, it is severed and the rest continues.
13.5 Notices must be in writing and may be sent by email to the addresses in clause 1.
Acceptance
These terms are accepted online and need no signature. Zagg records who accepted them, for which company, when, and which version, and shows the record to the company on request.