Terms & Conditions of Contract - Permanent Staff
Ripple Recruitment and The Client hereafter referred to collectively as “the parties”.
Ripple Recruitment’s placement of employee or independent contractor hereafter referred to as “Candidate” or “Candidates”.
These Terms and Conditions apply to all Assignments, subject to any variation recorded in writing and agreed to by the parties.
2 ADDITIONAL AND IMPLIED TERMS
2.1 These Terms and Conditions (subject to variation under clause 1) and the terms agreed in respect of each Assignment comprise all of the terms, representations and warranties between the parties and supersedes all prior discussions and agreements covering the subject matter of this agreement.
2.2 All implied terms, conditions and warranties are expressly excluded from this contract to the fullest extent permitted by law.
2.3 All representations, warranties or commitments made by a Company agent or representative must be first authorised in writing by a manager or person of authority in Ripple Recruitment. Ripple Recruitment shall not be bound by any unauthorised statement.
2.4 Where the Client is a proprietary company, trust partnership or association, the persons signing these Terms on behalf of the Client guarantees the performance of the Client’s obligations under these Terms including the obligation to pay money.
3.1 The Client will pay a fee calculated in accordance with these Terms and Conditions if a Candidate referred to or interviewed by the Client for any position by Ripple Recruitment, is employed as an employee or engaged as an independent contractor by:
(a) the Client or any related company of the Client such as but not limited to a parent or subsidiary company; or
(b) any other person or organisation to whom the Candidate is referred by the Client within the period commencing on the initial referral or interview and expiring six (6) months after the most recent referral or interview.
3.2 For the purposes of this clause 3, “Candidate” includes any person contained in a submission or short list made by Ripple Recruitment to the Client, even though the person may be presented independently to the Client.
3.3 The fee payable by the Client will be an agreed percentage of the Total Remuneration Package. Our fee is based on a percentage of the commencing remuneration package. If this package includes a commission, bonus or allowance payments, the expected total package will be agreed upon prior to undertaking the assignment and a fee will be negotiated. If a vehicle is included in the package, this will be valued at $12,500 per annum. Fees for part-time positions will be negotiated individually.
The fee is invoiced to the Client when a candidate introduced by Ripple Recruitment is offered a position of employment verbally or in writing under any conditions within six calendar months of the initial introduction.
3.4 Where the Client briefs Ripple Recruitment to provide services on a “client paid basis” (e.g. for advertising, psychometric assessments), this is additional to the fee paid in accordance with clause 3.1 above.
Ripple Recruitment and the Client will agree to the fee to be paid for these additional services before they are provided.
4.1 The Client will pay all charges (plus GST) which are invoiced by Ripple Recruitment, and all agreed advertising costs invoiced by Ripple Recruitment within 7 days of the date of a Company invoice.
4.2 Ripple Recruitment may charge a minimum consulting fee of $500.00 plus expenses for recruitment work actioned (advertising, screening and shortlisting of candidates) where the assignment is subsequently cancelled or postponed by the Client.
4.3 For the avoidance of doubt, any payments to be made under this Agreement are exclusive of GST (if any) and any GST must be added and paid by the person to whom the goods or services are provided.
4.4 A claim or dispute raised by the Client does not entitle the Client to set-off against, or withhold payment of, any money owed to Ripple Recruitment.
4.5 The cost of recovering any debt owed to Ripple Recruitment by the Client shall be met by the Client.
5.1 The following guarantees apply and are subject to:
5.2 Payment of the placement fee in full being made within 7 days of the date of a Company invoice.
5.3 Notification having been given to Ripple Recruitment by the Client of the intention to call upon the guarantee prior to the expiration of the guarantee period.
5.4 Cessation of employment during the guarantee period is not due to restructuring of the job or redundancy or redeployment initiated by the Client.
5.5 The terms of this guarantee do not apply where a trial period is applicable.
5.6 No credit applies if the vacancy is filled through other sources unless Ripple Recruitment is provided with the exclusive opportunity to submit a replacement candidate to the original job specification within (4) weeks of the date of notification of cessation of employment.
5.7 Except as provided in this Clause 5, the Client is not entitled to recover any money from Ripple Recruitment.
5.8 If the candidate is dismissed by the Client for cause or leaves during the period of 12 weeks Ripple Recruitment will endeavor to procure a suitable candidate. If a suitable replacement Candidate is not found by Ripple Recruitment a credit will be given by Ripple Recruitment to the Client to be offset against future fees (if any) which may become payable by the Client to Ripple Recruitment. Credits will be calculated in the following manner:
(a) 75% of the fee if the Candidate leaves within 2 – 4 weeks of commencement.
(b) 50% of the fee if the Candidate leaves within 5 – 6 weeks of commencement.
(c) 25% of the fee if the Candidate leaves within 7 – 12 weeks of commencement.
6 TESTING, AND SUITABILITY
6.1 Ripple Recruitment will test and reference check Candidates when Ripple Recruitment considers it appropriate and practicable to do so.
6.2 Ripple Recruitment will use its best endeavors to make known to the Client the Candidate’s employment records, qualifications and salary requirements as accurately and objectively as possible.
6.3 Except where Ripple Recruitment is precluded by the Candidate or by law, Ripple Recruitment will not withhold any information about a Candidate which might adversely affect the Client.
7.1 The Client:
(a) has absolute discretion as to the employment or engagement of a Candidate; and
(b) is responsible for all acts and omissions of the Candidate; and
(c) is responsible for all remuneration or fees payable to the Candidate.
7.2 Ripple Recruitment will not be liable for any loss, damage or expense suffered by the Client resulting from the acts or omissions of a Candidate or from any delay or failure by Ripple Recruitment to refer a Candidate to the Client.
7.3 The Client indemnifies Ripple Recruitment against any loss, damage or expenses suffered by the Client arising from the referral of, or any acts or omissions of, any Candidate or the Client, or arising from any breach of these Terms and Conditions.
7.4 The provisions of this clause 7 continue to bind the parties after these Terms and Conditions have ceased to apply.
8 NATURE OF RELATIONSHIP BETWEEN CLIENT AND CANDIDATE
8.1 The parties acknowledge that if a Candidate is employed by the Client, the Client becomes the employer of the Candidate and will be responsible for complying with all legislation (including but not limited to the Employment Relations Act 2000) relating to employers and employees.
8.2 The parties acknowledge that unless a Candidate is directly engaged by the Client as an employee or an independent contractor, the Candidate will remain engaged by Ripple Recruitment.
8.3 If however, the Client enters directly into an independent contract agreement with the Candidate, the Client will be responsible for any contractual obligations or liabilities arising under that agreement.
9.1 Ripple Recruitment will keep confidential all information imparted to Ripple Recruitment by the Client which relates to the business of the Client and which the Client declares is confidential.
9.2 All information supplied by a party to another is confidential and must not be disclosed to any other party without the written consent of the discloser.
9.3 All information in respect of a Candidate is confidential information imparted to the Client for the sole purpose of enabling the Client to determine whether the Candidate is suitable for employment.
10 GOVERNING LAW
10.1 These Terms and Conditions are governed by New Zealand law.
10.2 These Terms and Conditions are binding on, and for the benefit of, the successors of the Client and the successors and assigns of Ripple Recruitment.
10.3 The Client may not assign this agreement without the prior written consent of Ripple Recruitment.