Phone: 09 376 9547
Level 2, 98 Carlton Gore Rd, Newmarket, Auckland 1023
PERMANENT & FIXED TERM FEE SCHEDULE AND TERMS OF BUSINESS
SUCCESSFUL PLACEMENT FEE
Placement fees are based on a Successful Placement Fee where the entire fee is due after placement of the chosen Candidate.
The Successful Placement Fee is determined by a fixed rate, which is dependent on the Candidate's annual base remuneration during the initial 12-month period of their engagement with the Client. The specific rates can be found in the table in Schedule A on page 5. For Candidates placed in Part-Time permanent 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. For Candidates engaged in Fixed-Term contracts, the Successful Placement Fee is adjusted on a pro-rata basis, considering the length of the fixed term. The fee is calculated based on the annualised gross base remuneration determined by the Fixed-Term base remuneration, and it is proportionally reduced based on the duration of the fixed-term engagement. Further placement fees will be payable, and calculated in the same way, should the Candidate extend beyond the initial fixed term of the Engagement.
Given the nature of the services Accentuate provide, the Successful Placement Fee is subject to change, and is reviewed on an annual basis. If the Successful Placement Fee was to change, the Client will be given 30 days written notice from Accentuate, and the change would be reflected in Accentuate’s updated Term of Business. Any ‘live / ongoing’ Engagements at the time of the adjustment would be excluded from the new Successful Placement Fee and will be treated at the rate previously agreed with the Client.
If the remuneration threshold is exceeded by 5% or less, a credit for the difference between the fees of the applicable and lower thresholds will be redeemable on the next successful placement. For example, when a position with a Total Annual Gross Base Remuneration of $115,000 is filled, the Plus fee of $20,000 will apply resulting in a credit of $5,000 to the Client that can be redeemed for the Client’s next successful placement, as the $115,000 remuneration level exceeds the Basic Fee by 4.5%.
The Successful Placement Fee includes a $250 Establishment Charge payable by the Client upon instruction for the placement to implement Accentuate’s Testing Services. In return, the Client will receive candidate test outcomes that collectively assess the state of the candidate market relative to the role criteria. This charge is non-refundable if Accentuate is unable to fill the role or if the Client withdraws from the engagement. The Successful Placement Fee is then reduced by the $250 Establishment Charge.
ACCENTUATE TEST SERVICES
Accentuate will collaborate with the Client to determine the testing requirements and scope of services covered under the Successful Placement Fee. Accentuate retains the right to modify allocated hours based on specific role requirements, subject to mutual agreement with the Client, ensuring that Accentuate's Test Services meet each placement's unique needs. Full terms of Accentuate Test Services are contained in clause 5 on page 3.
ACCENTUATE REPLACEMENT GUARANTEE
If the full fee is paid within 7 days of receiving invoice, a 90 calendar day pro rata Replacement Guarantee will be in effect for Permanent/Fixed Term placements. Otherwise, a 30 calendar day pro rata Replacement Guarantee will be in effect. Full terms of the Accentuate Consulting Replacement Guarantee are contained in clause 8 on page 3.
ADVERTISING COSTS & CANDIDATES’ INTERVIEW EXPENSES
All advertising costs (excluding standard recruitment job board advertising) will be agreed in advance and charged to the Client. Any travel or other associated expenses incurred by candidates during the interview process will be mutually agreed upon in advance and will be billed to the Client.
FULL TERMS
Full Terms of Business are printed overleaf and are fully incorporated by this reference as if fully set forth herein. The Fee Schedule and Terms of Business contain the complete and final agreement on the topics discussed herein, and supersede any prior agreements or understandings on these topics. Accentuate employees are not authorised to make verbal modifications to this document or assume responsibilities beyond those specified herein.
TERMS OF BUSINESS — PERMANENT/FIXED TERM 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 Candidate from Accentuate, or by virtue of an interview or engagement by the Client of the Candidate introduced by Accentuate.
2 On a Successful Placement Fee assignment, the fee payable to Accentuate for Accentuate’s introduction of the Candidate (the Successful Placement Fee) to the Client is set out in Schedule A on page 5 (the Fee Schedule). The Successful Placement Fee is determined by a fixed rate, which is dependent on the Candidate's annual base remuneration during the initial 12-month period of their engagement with the Client. For Candidates placed in Part-Time permanent 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. For Candidates engaged in Fixed-Term contracts, the Successful Placement Fee is adjusted on a pro-rata basis, considering the length of the fixed term. The fee is calculated based on the annualised gross base remuneration determined by the Fixed-Term base remuneration and is proportionally reduced based on the duration of the fixed-term engagement. Further Successful Placement fees will be payable, and calculated in the same way, should the Candidate extend beyond the initial fixed term of the Engagement.
3 If the remuneration threshold is exceeded by 5% or less, a credit for the difference between the fees of the applicable and lower thresholds will be redeemable on the next successful placement. The credit note will remain valid for 12 months from invoice date. For example, when a position with a Total Annual Gross Base Remuneration of $115,000 is filled, the Plus fee of $20,000 will apply resulting in a credit of $5,000 to the Client that can be redeemed for the Client’s next successful placement, as the $115,000 remuneration level exceeds the Basic Fee by 4.5%.
4 Included in the Successful Placement Fee is a non-refundable $250 Establishment Charge payable upon Accentuate engagement to undertake the placement. In return, the Client will receive candidate test outcomes that collectively assess the state of the candidate market relative to the role criteria. This charge is non-refundable if Accentuate is unable to fill the role or if the Client withdraws from the engagement. The Successful Placement Fee is subsequently reduced by the $250 Establishment Charge.
5 Accentuate will collaborate with the Client to determine the testing requirements and scope of services covered under the Successful Placement Fee. Accentuate retains the right to modify allocated hours based on specific role requirements, subject to mutual agreement with the Client, ensuring that Accentuate's Test Services meet each placement's unique needs. The actual number of hours will be determined and agreed upon with the Client on a per-role basis. However, it is not a contractual obligation unless Testing Services are explicitly paid for, reflecting specific payment for testing services. If additional hours are needed beyond what Accentuate deems necessary, they will be charged at a rate of $200 per hour, with the Client's agreement on the pre-agreed terms and conditions. The Client will be informed of the estimated additional hours required, and both parties will mutually agree on the terms and conditions of the additional hourly charges. By doing so, the Client confirms transparency and mutual understanding of the costs associated with exceeding the hours deemed fair and reasonable by Accentuate. The Client acknowledges that any additional hours beyond the pre-set allocation will incur charges at the rate of $200 per hour and agrees to settle these charges according to the agreed terms and payment schedule. By accepting these terms, the Client agrees to the allocation of candidate testing hours and the additional hourly charges as outlined in this agreement.
6 The Successful Placement Fee, which encompasses all fees outlined in these Terms for any permanent/fixed term placement, constitutes a debt that must be settled within 7 days upon receipt of the invoice. Where the Client is solely responsible for interacting with the Candidate during the contract negotiation process, the Client agrees to promptly inform Accentuate once the offer is accepted, allowing Accentuate to generate an invoice, in compliance with the payment terms. In the case that Accentuate is conducting the contract negotiation on behalf of the Client, the invoice will be generated immediately upon the acceptance of the offer. Additionally, after receiving written instruction to undertake the placement, a non-refundable $250 Establishment Charge will be invoiced immediately with a payment due within 7 days. On successful placement the Successful Placement Fee will be reduced by the $250 Establishment Charge.
7 Without limiting the operation of clause 6, a Successful Placement Fee calculated in accordance with the Fee Schedule is payable by the Client:
(a) for any Candidate engaged within 12 months as a consequence of, or resulting from, an introduction by or through Accentuate, even though the introduction may be made indirectly; or
(b) in the event that any Candidate is rejected by the Client or the Candidate rejects an offer of engagement, if the Candidate is subsequently engaged by the Client or its Related Companies (as defined in the Companies Act 1993) within 12 months from the date on which the Client first receives the Candidate’s CV.
8 Should the engagement of any Candidate terminate within the Replacement Guarantee Period, Accentuate shall endeavour to find a replacement at no extra cost to the Client (subject to any fee adjustments for differences in base remuneration, agreed advertising costs and agreed interview/travel expenses) provided:
(a) the termination is lawful and justified or the Candidate terminates the employment of their own volition and not due to operational reasons such as redundancy, rationalisation, restructuring or company closure; and
(b) the Client notifies Accentuate in writing of the termination within 7 days of such termination; and
(c) the Client or its Related Companies shall not engage the Candidate within 12 months from the date of such termination; and
(d) the Client provides Accentuate with the exclusive opportunity to replace the Candidate within the applicable Replacement Guarantee period; and
(e) all monies due from the Client have been paid in accordance with these terms and conditions.
If Accentuate is unable to find a replacement Candidate, it shall credit the following proportions of the Successful Placement Fee:
Up to 30 days of service: 75% credit
31 to 60 days of service: 50% credit
61 to 90 days of service: 25% credit
After 90 days of service: no credit will be given.
The credit note will remain valid for 12 months from the candidate's termination date. It is intended for like-for-like replacements only, which means it cannot be used to substitute a permanent position with a fixed-term position or a part-time position. Please note that the credit note must be utilised solely for the purpose of replacing a position with another of the same nature.
“Replacement Guarantee Period” means either:
(f) 90 days from the date of commencement of the engagement by the Candidate, where all monies due in accordance with these terms and conditions have been paid by the Client within 7 days of the engagement; or
(g) 30 days of the date of commencement of the engagement by the Candidate, where the condition in subclause 8(f) above is not met.
9 All information provided by Accentuate (whether oral, written or in any other form) about the Candidate is confidential and 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.
10 Accentuate will undertake all reasonable measures to identify a suitable Candidate for the specific position including administering technical and soft-skill testing services that serve as additional inputs into the final candidate selection process. Accentuate will also undertake verbal reference checks, Visa check, and a NZ Ministry of Justice criminal history check as part of its standard recruitment service along with NZ credit checks where necessary. Such checks will be included in the placement fee. However, it is the sole responsibility of the Client to assess and ascertain the outcome of the reference checks and suitability of any Candidate. The Client assumes full responsibility for conducting any further checks (for example, overseas probity checks, education or qualification checks, medical/drug testing or any applicable restraints) that shall be agreed in writing with the Client prior to engaging any Candidate. Any further checks shall be at the Client’s cost (whether or not the Candidate is placed). The Client is also accountable for ensuring compliance with all legal requirements pertaining to medical or other qualifications or prerequisites.
11 The Client releases Accentuate, its 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 Candidate(s) for the Client or the introduction by Accentuate to the Client of any Candidates, or the engagement of any Candidate by the Client. The total liability of Accentuate 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 Candidate.
12 Where pre-approved, the Client must pay all Candidate interview/travel expenses and advertising costs (excluding standard recruitment job board advertising) including space and artwork costs incurred by Accentuate, whether or not the candidate is subsequently engaged by the Client. An advertisement may only be cancelled where sufficient notice is given to enable Accentuate to withdraw the advertisement.
13 Accentuate will issue an invoice to the Client for all outstanding amounts based on the Permanent Fee Schedule and Terms of Business. In case of payments that are overdue by less than 60 days, interest will be charged on the overdue amount at the prevailing interbank 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 interbank 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.
14 All fees, costs and expenses referred to in the Fee Schedule and Terms of Business are NZD exclusive of GST.
15 In these Terms of Business, “introduce” means the introduction or referral of a Candidate or 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 Candidate as being potentially available or suitable to undertake a contract assignment for the Client; “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 full-time, part-time, paid or unpaid; “Candidate” refers to any person introduced by Accentuate to the Client, including any member of Accentuate own staff.
16 Given the nature of the services Accentuate provide, the Successful Placement Fee is subject to change, and is reviewed on an annual basis. If the Successful Placement Fee was to change, the Client will be given 30 days written notice from Accentuate, and the change would be reflected in Accentuate’s updated Term of Business. Any ‘live / ongoing’ Engagements at the time of the adjustment would be excluded from the new Successful Placement Fee and will be treated at the rate previously agreed with the Client.
17 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.
SCHEDULE A
Accentuate Standard Fee Schedule
Future assignments successfully placed by Accentuate, after expiry of the Accentuate Special Fee Schedule, will result in the Successful Placement Fee payable to Accentuate for Accentuate’s introduction of the Candidate (the Successful Placement Fee) to the Client as per Table 1.1 below:
