Phone: 09 376 9547
Level 2, 98 Carlton Gore Rd, Newmarket, Auckland 1023
TERMS OF BUSINESS — CONTRACTOR PLACEMENT RECRUITMENT
1. These Terms of Business are between Accentuate Consulting NZ Ltd (Accentuate) and the Employer Client (the Client) and are accepted by the Client when the Client accepts any resume or other information in respect of the Contractor from Accentuate, or by virtue of an interview or engagement by the Client of the Contractor introduced by Accentuate.
2. On a Contractor Placement Recruitment assignment, the fee payable to Accentuate for Accentuate’s introduction of the Contractor (the Contractor Placement Agreement) to the Client is set out in the Contractor Placement Agreement where the Client agrees to pay the hourly or daily charges, without off-set or deduction, on or before the 20th of the month following the date of Accentuate invoice.
3. The Client agrees that:
(a) if, within 6 months of the date of Introduction or the completion of the most recent assignment, whichever is the later, the Client (or a third party having been introduced to the Contractor by the Client) Directly Engage with the Contractor, the Client will pay Accentuate a Successful Placement Fee, dependent on duration of Direct Engagement.
(b) for Candidates placed in Part-Time permanent positions or Fixed Term positions, the Successful Placement Fee is calculated as a fixed rate based on the annualised gross base remuneration that the Candidate would have earned during the first 12 months of engagement if they were employed as a full-time permanent staff member.
(c) The Successful Placement Fee is based on Accentuate’s Permanent and Fixed Term Fee Schedule as per the specific rates shown in the tables below:
(i) where the period of Direct Engagement is for 6 months or more a 20% discount will apply: Accentuate Service Candidate Total Annual Gross Base Remuneration Standard Permanent Fee (plus GST) Discounted Fee (plus GST) Basic Up to $110,000 $15,000 $12,000 Plus $110,001 - $150,000 $20,000 $16,000 Premium $150,001+ $25,000 $20,000
(ii) where the period of Direct Engagement is for less than 6 months a 50% discount will apply (if the Direct Engagement is extended beyond the initial term or the Contractor is re-engaged within 12 months of the commencement of the initial term, and the sum of the periods of Direct Engagement exceed 6 months, a further 30% + GST of Annual Base Remuneration fee is payable): Accentuate Service Candidate Total Annual Gross Base Remuneration Standard Permanent Fee (plus GST) Discounted Fee (plus GST) Basic Up to $110,000 $15,000 $7,500 Plus $110,001 - $150,000 $20,000 $10,000 Premium $150,001+ $25,000 $12,500
(iii) where the Annual Gross Base Remuneration cannot be easily ascertained, the hourly rate to be paid to the Contractor by the Client times the number of hours per week to be worked by the Contractor times 52 weeks will be used to calculate the applicable Successful Placement Fee. Where the number of hours to be worked by the Contractor is not known, an average of the hours worked over the preceding 3 months of their assignment (or pro-rata if shorter) will be used or, in situations where the Contractor has been Introduced to the Client but not engaged for an assignment via Accentuate, the calculation will be based on a 40-hour week or such other figure as may be agreed with the Client in writing.
4. If any amount falls overdue for payment under these Terms and Conditions, Accentuate will charge interest on the overdue amount from the date on which payment of that amount falls overdue until the date on which payment is made in full. In case of payments that are overdue by less than 60 days, interest will be charged on the overdue amount at the prevailing CPI rate as determined at that time. For payments that are overdue by more than 60 days, interest will be charged on the outstanding amount at the prevailing CPI rate plus an additional 1% for each 30-day period, compared to the rate charged during the previous 30 days. The Client must pay all costs, fees and expenses incurred by Accentuate (including solicitor/client costs and costs and fees charged to Accentuate by any collection agency) in collecting any overdue payment.
5. The Client agrees to:
(a) not contact a Contractor directly Introduced to the Client regarding any offer or potential offer of employment or Engagement or any other matter relating to the Engagement of that Contractor, until such time as the Contractor has been engaged in accordance with these Terms and Conditions.
(b) in respect of each Contractor, supervise, direct, and control the Contractor during the course of an assignment, to ensure the Client’s satisfaction with the Contractor’s standard of work, and be responsible for all acts, errors or omissions of the Contractor, whether wilful, negligent or otherwise, and not disclose to the Contractor the rate payable by the Client to Accentuate for the Contractor’s services.
(c) comply with all relevant laws in relation to the Client’s Engagement of the Contractor including (without limitation) the Health & Safety at Work Act 2015
(d) advise Accentuate immediately in writing if the Client (or a third party to whom the Client may have Introduced a Contractor) employs or engages the Contractor, and advise Accentuate of the terms agreed with the Contractor so that Accentuate can calculate the recruitment fee due to Accentuate under clause 3 above (as applicable) including, if requested by Accentuate, by providing Accentuate with a copy of the offer letter and employment contract or contract for services and related documentation.
(e) if, at any time, the Client reasonably deems a Contractor's work unsatisfactory, the Client may instruct Accentuate to remove the Contractor, either on a permanent or temporary basis, with one week's notice. In all other cases, the Client commits to maintaining the Contractor's engagement for the duration specified in the Contractor Placement Agreement.
6. Accentuate will advise the Client of the Contractor's experience, training and qualifications as advised to Accentuate by the Contractor and take reasonable steps to confirm the Contractor meets the Client’s requirements for the assignment as advised by the Client to Accentuate. Accentuate will organise interviews between the Client and the Contractor and notify the Contractor of the outcome of those interviews.
7. All information provided by Accentuate (whether oral, written or in any other form) about the Contractor is confidential and is for the sole purpose of enabling the Client to determine whether the Contractor is suitable for engagement. The Client agrees to hold such information in the strictest confidence and not to disclose it directly or indirectly at any time. The disclosure of any such information to another employer, person, firm or corporation which results in an engagement within 12 months renders the Client liable to payment of the Successful Placement Fee calculated in accordance with the Fee Schedule.
8. Accentuate’s liability terms:
(a) Accentuate shall not be held liable for and will have no liability whatsoever in connection with any untrue statements or misrepresentations by any Contractor or any third party which are passed to the Client by Accentuate.
(b) Contractors supplied by Accentuate are engaged as independent contractors, and are deemed to be under the Client’s supervision, direction and control from the time the Contractor reports to take up duties and for the duration of each assignment.
(c) the Client releases Accentuate, it’s related companies and their officers, directors, employees, personnel and agents from any claims, losses, damages or expenses suffered or incurred by the Client arising from or in any way connected with Accentuate seeking Contractor(s) for the Client or the introduction by Accentuate to the Client of any Contractors, or the engagement of any Contractor by the Client.
(d) Accentuate’s total liability to the Client under this Agreement for any and all causes of actions under any theory of law shall be limited to the fees actually paid by the Client to Accentuate in connection with the particular Contractor.
(e) Candidates are solely responsible for obtaining & upholding their own insurance coverage. While Accentuate will perform a visual inspection of candidates' insurance documentation as part of reference checking, Accentuate expressly disclaims any obligation to provide insurance coverage for candidates as part of its services.
9. All fees, costs and expenses referred to in the Fee Schedule and Terms of Business are NZD exclusive of GST.
10. In these Terms of Business:
(a) “Introduce” means the introduction or referral of a Contractor to the Client by Accentuate, whether by interview in person or by telephone, by the passing to the Client of a CV, resume or profile, or by the provision of any other information which identifies the Contractor as being potentially available or suitable to undertake a contract assignment for the Client;
(b) “Engaged and Engagement” include employed or otherwise engaged, whether under a contract of service or for services, or under an agency, licensee, franchise or partnership agreement for any duration and whether fulltime, part-time, paid or unpaid;
(c) “Direct Engagement” means the employment, engagement or use of any Contractor other than via us (whether in a permanent, fixed term, temporary or contract position),
(d) “Contractor” refers to any person introduced by Accentuate to the Client, including any member of Accentuate own staff, for potential engagement by the Client for a Contractor Placement 11 The Fee Schedule and Terms of Business are governed by the laws of New Zealand. This Agreement may not be amended or modified except by a written agreement signed by both parties.
