Terms and conditions
Driverseat Recruitment Limited provides full-time, part-time, temporary (temp), contracting and casual employment services to both New Zealand and international clients.
Definitions
“Agent”, “Agency” and/or “Company” means Driverseat Recruitment Limited, its successors and assigns or any person acting on behalf of and with the authority of Driverseat Recruitment Limited or Transportation New Zealand Limited.
“Client”, “Hirer’, and/or “Employer” means the person/s requesting the Agent to provide the Services as specified in any invoice, document or order, and if there more than one person requesting the Services is a reference to each person jointly and severally.
“Candidate” and/or “Employee” means any individual sent by the Agent to the Client for employment by the Client on a permanent, temporary or fixed term basis.
“Service” means the provision of Candidates and any other work undertaken or services provided by the Agent to or for or on behalf of the Client.
“Fee” and/or “Introduction Fee” means the price payable for the Services (which includes the Placement Fee, Deposit, and any additional charges and disbursements associated with the Services) as agreed between the Agent and the Client in accordance with Schedule of Fees on this contract.
Acceptance
The Client is taken to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by the Agent.
These terms and conditions may only be amended with the Agent’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Agent.
Once the Candidate has been placed as an employee with the Client, the Client is deemed to be the Candidate’s employer and is solely responsible for the Candidate (including remuneration and employment conditions). The Agent shall have no liability or obligations in respect of the Candidate, including without limitation, in respect of the cessation of employment of the Candidate by the Client for any reason.
Provision of the Services
The Agent undertakes to use its best endeavours to provide reliable Services, and supply suitable, competent Candidates based on the Client’s requirements. The Client agrees to clearly instruct the Agent of its requirements for Candidates and to notify the Agent immediately if there is any change in those requirements.
Any time specified by the Agent for provision of the Services is an estimate only and the Agent will not be liable for any loss or damage incurred by the Client as a result of provision being delayed. However both parties agree that they shall make every endeavour to enable the Services to be provided at the time and place as was arranged between both parties. In the event that the Agent is unable to provide the Services as agreed solely due to any action or inaction of the Client then the Agent shall be entitled to charge a reasonable Fee for re-providing the Services at a later time and date.
The Agent may replace a Candidate (who has been supplied on a temporary basis) at any time with another Candidate of comparable qualifications without notice to the Client.
Introduction of the Candidate
The introduction of the Candidate is strictly confidential between the Client and the Agent. The Client shall be liable to pay the Agent the appropriate Fee if, within six (6) months of completion of the initial employment of a Candidate with the Client on a temporary basis, or during the employment of a Candidate with the Client on a temporary basis, the Candidate is offered permanent employment by the Client, is further employed on a temporary basis by the Client, or is introduced by the Client to a third party and the Candidate is then employed by the third party on a permanent or temporary basis.
If the Client employs any Candidate introduced to the Client by the Agent within six (6) months of the introduction, or if any Candidate is introduced by the Client to a third party and the Candidate is then employed by the third party on a permanent or temporary basis within six (6) months of the original introduction by the Agent, then the Client shall be liable to pay the Agent the permanent recruitment fee of 20% of the annual salary unless otherwise stated.
Payment Terms
The introduction fee is payable by the Client to the Agency immediately on engagement of an Applicant and in any event within fourteen days of the invoice date. The introduction fee is calculated on the gross annual remuneration which term shall include base salary and fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and where applicable) emoluments payable to or receivable by the applicant for services rendered to or on behalf on the client. The Agency at its sole discretion may offer discounts from the normal rate applicable, but any such discount shall automatically be revoked if payment is not received within fourteen days from the date of invoice, whereupon the full rate shall apply.
The Agency's invoices are subject to GST and all accounts are payable 14 days from the date of the invoice. The right is reserved in respect of any invoice not paid within 30 days to charge interest (without prior notification) and to recover debt recovery costs.
Payment must be made without deduction or set-off. All costs charges and expenses incurred by the Agency in recovering any outstanding account shall be paid by the Client on a full indemnity basis. Should any invoice be due and unpaid after 14 days then all invoices raised shall become immediately due and payable.
The Agency may give the Client a credit calculated as set out in the table below in the event of any Applicant terminating and/or the Client lawfully terminating the employment of the Applicant within 4 weeks of the engagement date and where the Client, (which includes any subsidiary of the Client or any associated company firm of the Client or any person associated with the Client) does not re-engage the Applicant in any capacity whatever within one year from the date of termination of the employment of the Applicant.
Notification of any entitlement to credit must be made in writing to the Agency within 7 days of the termination of the engagement. This entitlement will only apply if the fee has been paid in full within fourteen days of the engagement.
Should a permanent engagement terminate before the expiration of eight weeks a refund may be allowed against the fee for each complete week not worked as set out in the scale of rebates below.
1st & 2nd week of employment - 50%
3rd week of employment - 30%
4th week of employment - 20%
In any event a minimum administration fee of NZ$500 will be charged.
On receiving a request for the introduction of an Applicant the Agency will endeavour to supply an Applicant to the Client from its register. The Agency however will not be responsible for the accuracy of any information supplied to the Client in respect of any Applicant save in respect of any legal obligation on the Agency to provide the Client with updated information where the same has been provided to or obtained by the Agency. The Client is responsible for assessing the suitability of any Applicant and for engaging that candidate and taking up any reference supplied.
This terms and conditions are subject to change without notice and are not guaranteed, except that prices for a request have already been accepted by the Agency which are not subject to change after acceptance including on-going and/or existing sales commenced before change of terms and conditions.
For more information please contact Driverseat at michael@driverseat.co.nz.