The fine print
General Terms and Conditions
The following Terms and Conditions of Engagement are applicable to the supply of human resources, recruitment, health and safety, job hunter consultancy services offered by Stapleton Consulting Limited (“the Work”). These services may be provided in the form of online subscriptions and products and be offered under our trading name “Stapleton Consulting”.
Stapleton Consulting Limited is also called “we” or “us” in these Terms and Conditions. The Client means the person or business accepting these Terms and Conditions and is also referred to as “you” or “yourself”.
These Terms and Conditions of Engagement are current and effective from 1 October 2021.
Our NZBN is 9429045000812.
All Work undertaken by Stapleton Consulting Limited is outlined in a ‘Client Proposal’ document or an ‘Engagement Letter’. These are provided to you prior to us commencing the Work. The Client Proposal or Engagement Letter will include a scope of the Work, an estimate of our fees, a copy of these General Terms and Conditions of Engagement, a copy of any applicable Specialist Services Terms and Conditions, and any other terms and conditions of engagement mutually agreed between us and you at the time.
Your request for us to commence the Work in accordance with the Client Proposal or Engagement Letter constitutes your acceptance of these General Terms and Conditions of Engagement, any applicable Specialist Services Terms and Conditions and any other express terms and conditions of engagement mutually agreed between us and you in writing at the time of the Client Proposal or Engagement Letter.
Variations and Additional Terms
Any instructions from you to vary or alter the scope of our services will be treated as a variation.
Notwithstanding anything in these Terms and Conditions, our fee may be increased by the amount of any reasonable increase in cost of our services between the date of the Client Proposal and the date we commence providing our services to you and where such increase is beyond our control.
These Terms and Conditions, any applicable Specialist Services Terms and Conditions and any other express terms and conditions of engagement mutually agreed between us and you in writing, compromise all the terms, representations, and warranties between the parties.
Any implied terms, conditions or warranties are expressly excluded from these Terms and Conditions and from the Specialist Services Terms and Conditions.
Stapleton Consulting Limited provides generalist and specialist HR consultancy services on an ad hoc, as-required, project, retainer or subscription basis. Our consultancy services also include recruitment, payroll, employee benefits and health and safety.
Our consultancy services may be provided via video conferencing, in-person, over the phone, or via email.
We reserve the right to refuse you our services or access to our online services and products.
The Advice We Provide
When we do the Work, it is our professional duty to give your affairs proper care, skill and attention.
We will throughout the handling of your matter rely on you to supply in a timely manner all information needed to act on your behalf and to tell us promptly of any relevant change in circumstances. We will not check the accuracy of such information unless it is specifically agreed in writing that we are to do so.
If you hold information back from us, it hinders our ability to assist you and we cannot be held responsible for any non-disclosure. If you are in doubt whether any information is relevant, then it is best to discuss it with us.
Where any advice we provide is incorrect and does not arise from you failing to disclose all information, we agree to take reasonable steps to remedy or mitigate that advice at our own expense. Otherwise, we make no guarantee that any advice we give you will exclude the possibility of a personal grievance being raised by one of your employees.
We have a duty to keep all the information you tell us confidential from other parties unless we have your instructions to disclose it. Otherwise, only people who we employ or engage as contractors have access to your files and they are under a similar duty of confidentiality.
When Exercising Your Prerogative
If you choose not to seek our advice before managing a situation with an employee, or before commencing a formal human resources or employment relations process with an employee (including but not limited to a recruitment, disciplinary, restructure, trial period or probation termination, medical termination, or performance management process), it is at our discretion whether to provide you with additional or ongoing support for that situation or process.
If you fail to follow our advice regarding a particular situation, or deviate from a process that we have recommended, and an employee or employees raise a personal grievance claim in relation to that situation or process, it is at our discretion whether to provide you support with that personal grievance, up to and including a first written response.
In the circumstances described above or where you require support that is outside the scope of our services, We will always refer you to an appropriate third party, at your request. If you choose to engage with a third party that We have recommended, your relationship is subject to the terms and conditions of the third party and We accept no liability for costs or other liability arising from your relationships with third parties.
Dissatisfaction with Our Services
Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Website and/or Services, please tell us at the earliest opportunity:
- exactly why you think we have failed;
- the date, if relevant, of the failure;
- when and how you discovered the failure;
- the result of the failure;
- your suggestion as to action we should take to resolve the situation and restore your faith in us.
To do this, it is essential that you contact us by email.
Our Consultancy Fees
The estimate of our fees provided to you with the Client Proposal applies for 30 calendar days from the date of your receipt of the Client Proposal.
Our rates and pricing structures are based on what is fair and reasonable for the nature of the Work having regard to:
- The interests of you and us;
- The time and labour expended;
- The skill, specialised knowledge and responsibility required to perform the services properly;
- The importance of the matter to you and the results achieved;
- The urgency and circumstances of which the matter is undertaken the Work, including the amount of value involved;
- The complexity of the matter and the difficulty and novelty of the questions involved;
- The reasonable cost of running our business; and
- The fees customarily charged in the market locally for similar service to the Work.
Pricing structures include hourly rates, fixed price (or set fee), monthly retainers and/or annual subscriptions.
All charges and fees outlined in these Terms and Conditions and in any Specialist Services Terms and Conditions are exclusive of Goods and Services Tax (GST). GST is calculated and included in the amount payable by you to us.
We reserve the right to request a Deposit to be payable within 7 days of commencement of the Work.
Our fees are usually reviewed annually in May, effective 1 July of the same year. We will communicate any changes in our fees to you following the review and in advance of when they take effect.
Flat Hourly Rates
Work carried out on a flat hourly rate basis is charged in 15-minute increments.
The initial introduction meeting/conversation (usually between 15 minutes to 30 minutes) is always free of charge.
Where the work is being carried out on a flat hourly rate basis, any subsequent meetings are chargeable and additional to any fee estimates.
Where we are providing you with agreed consultancy services for an allocated amount of time or based on an agreed scope of Work (“the Hours Cap”), on a monthly reoccurring basis for an agreed fee, the fee for these services is payable irrespective of whether you use all the allocated hours or the scope of work is completed.
Where all the allocated hours are used prior to the end of the month, the Client may be invoiced for any additional work undertaken by us on a flat hourly rate basis.
If allocated time remains unused at the end of the month, that time will roll over into the following month. Unused time shall have a lifespan of three months. Any time remaining unused after three months shall expire.
Our monthly retainers have a minimum term of six (6) months, and should you wish to cancel the retainer, you must provide at a minimum of 40 calendar days written notice.
Unused time may be allocated to other Work by agreement provided the unused time has not expired.
Where we are providing you with generalist consultancy services for an allocated number of hours per annum (“the Annual Subscription”) on a reoccurring basis for an agreed fee (“The Subscription Fee”), the fee for these services is payable irrespective of whether you use all the allocated hours.
The consultancy hours included in the Subscription Fee can be used at any time during the subscription and do not roll over if these remain unused at the end of the subscription.
The minimum term of a subscription is 12 months (one year) from the purchase date.
Annual subscription cancellations must be made in writing within 7 days of purchasing the subscription to qualify for a refund. No refunds shall be payable after 7 days of the purchase date.
When the subscription fee is paid in full at the commencement of the subscription, and you cancel within 7 days of purchasing the subscription, you will receive a 100% refund. Notwithstanding, if you have used any of your allocated hours prior cancelling the subscription, the amount refunded will be reduced by an amount equivalent to the hours used.
When you choose to pay subscription fee by monthly direct debit, and you cancel within 7 days of purchasing the subscription, you will receive no refund of any amounts already paid. The amount you have already paid shall cover the fees and time we incur when cancelling a direct debit. Notwithstanding, if you have used any of your allocated hours prior cancelling the subscription, the fees for the Work completed shall be calculated based on our flat hourly rate and payable on the Due Date.
You may renew your subscription after one calendar year at the Subscription Fee advertised on the Website. Alternatively, should you wish to upgrade your subscription, or if you have used all your allocated hour please contact us directly via [email protected] to discuss which service is right for you.
Consultant Travel Time
We conduct our meetings virtually using Microsoft Teams video conferencing software in the first instance.
Where this is not possible, or in-person sessions are deemed more appropriate, Travel is charged as a fixed fee based on the zone the Client premises or location of work is in comparison with our Hamilton office (‘Our office’).
- Zone 1 – within 10km of our Office $60
- Zone 2 – within 35km of our Office $100
- Zone 3 – more than 35km from our Office $100 + $2.00 per km
The travel fee is charged for each trip to the Client’s premises and is calculated based on the distance travelled one way, except for Clients in Zone 3. Clients in Zone 3 will have a per km rate applied for all kms travelled over 35kms. When organising our client visits, we usually visit more than one Client in a similar area. This is why we calculate our fees based on one-way travel. The Client proposal may outline the number trips anticipated for the Work.
We reserve the right to request payment for travel fees in advance of the requirement to travel. Should you cancel the meeting, or the reason for our travel is no longer required, within 24 hours of the meeting, you shall be liable for the travel fee that would have otherwise been incurred.
Air travel costs shall be mutually agreed on a case-by-case basis.
Except for Monthly Retainers and Annual Subscriptions, Stapleton Consulting Limited will invoice you monthly and/or on the completion of the Work, whichever occurs first. Payment for Work in progress is to be made by the 20th of the following month. Payment following the completion of Work is to be made within 14 days of the invoice, unless otherwise mutually agreed in writing (‘the Due Date’).
Any work that is funded (partially or fully funded) by Regional Business Partners, shall be paid directly to us by Regional Business Partners. Where the work we do is over and above the funding approved by Regional Business Partners, or is outside of the scope of the funding request, shall be payable by you. You are liable for any fees and costs incurred should we commence work on your request and an application for funding is unsuccessful.
Monthly Retainer and Subscription Fee Payment Terms
Our Monthly Retainers and Subscriptions Fees are paid by direct debit, in advance of the Work being completed. These transactions are completed through an automatic direct debit provider, GoCardless or our E-commerce services. Our E-commerce services are provided through our Website.
Monthly Retainer Fees are usually direct debited from your nominated bank account, with the Due Date being agreed at the time the direct debit is established.
Alternatively, you may opt to have the Monthly Retainer Fees direct debited from your credit or debit card each month based on the initial purchase date and when you agreed to these Terms.
The Annual Subscription can be paid in full upon the commencement of the subscription, or monthly in equal instalments by direct debit.
Irrespective of the payment method, we will invoice you monthly on the 1st of the current month for payment by direct debit on the due date mutually agreed (‘the Retainer Due Date’).
If a direct debit is not established at the time of the Monthly Retainer or Subscription Service commencing, the default Due Date will be the 14th of the current month.
Work completed in excess of the Monthly Retainer limit (‘the Hours Cap’) or the Annual Subscription, we will invoice you separately at the end of each month. Payment is to be made by the Due Date.
If payment is outstanding for more than 20 days after the Due Date, Retainer Due Date or Subscription Due Date, we may cease or suspend the Work until either the account is paid, or a repayment plan is mutually agreed and recorded in writing.
We have the right to hold all documents, notes and other work completed on your behalf (except for information or documents provided by you), until payment is received in full for such items.
We may, at our sole discretion, charge a re-establishment administration fee of $350.00 (excluding GST) upon re-commencing the Work once payment has been made.
We may, at our sole discretion, allocate any payment received from you towards any invoice and may do so at the time of receipt or at any time afterwards and on default by you may allocate any payments previously received and allocated. In the absence of any payment allocation by us, payment shall be deemed to be allocated in such manner as preserves the maximum value of our interest.
We may, at our sole discretion, charge you interest of 1.5% (18% per annum) each month calculated daily on invoices you have not paid by the Due Date, Retainer Due Date or Subscription Due Date.
Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in these Terms and Conditions and/or any Specialist Services Terms and Conditions and/or any terms and conditions of engagement mutually agreed between us and you in writing, shall be paid by you including any reasonable solicitor’s fees and/or debt collection agency fees.
Our E-Commerce Services
In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card or debit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the card issuer all charges incurred using our E-Commerce Services.
You agree not to use our E-Commerce Services for any improper, injurious, offensive, or unlawful purpose.
Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should store your transaction confirmation for future reference.
We shall have no liability for transactions which are incorrect because of inaccurate data entry while providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
Suspension of service: We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
Overpayments: A refund will only be provided when it has been proven that there has been an overpayment. When applying for a refund you must provide us with proof of the overpayment. If your refund request is accepted, the refund will be transferred back to the originating card or held to your credit against future transactions. No cash refunds will be given.
Security: Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor Stripe, ThriveCart or GoCardless shall have any liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.
Stapleton Consulting Limited reserves the right to engage subcontractors to carry out the Work on any given project should the need arise.
We are an independent consultancy service provider without the authority to bind you by contract or otherwise and neither us or our personnel are agents or employees of you by virtue of this Agreement.
Use of Personal Information
We are committed to adhering to the requirements laid down by the Privacy Act 2020 to ensure that any information provided to us by you, your employees or a candidate is kept and used for lawful purposes.
Please refer to Our Policy – Use of Personal Information (“the Policy”) document for our terms relating to the collection, use and disclosure of your personal information and the personal information of your employees and candidates.
When you subscribe to our Website, become a client, or use our E-commerce Services we collect personal information which you provide in the sign up or application form. You always have access to the information we hold about you subject to the provisions of the Privacy Act 2020.
You authorise us to collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with the Policy.
We use a payment gateway operated by Stripe, a payment transaction service called ThriveCart and a direct debit provider called GoCardless. These third-party providers will also collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with the Policy.
Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.
Promotion and Marketing
By providing us with your email address, you consent to receiving promotional material from us. You may opt-out of these communications at any time by emailing us [email protected] or by selecting ‘unsubscribe’ at the bottom of our promotional emails.
By providing personal information to us, whether verbally or in writing by whatever means then you expressly acknowledge that you have read and understood the Policy and our terms and conditions related to Personal Information. And because of this, you consent to us collecting personal information about you and disclosing and using that information as set out in the Policy.
Errors or misrepresentations can occur. We would be grateful if you bring to our immediate attention any that you find on our Website.
New Zealand Website
Our websites are New Zealand websites and are only targeted at New Zealand employers and employees. The websites are only relevant for use in New Zealand. If you do not intend to use this information in New Zealand, then do not use our website or its contents and images for information gathering purposes. In listing your place of residence and delivery address in our online form(s), you are representing to us that you are a resident of New Zealand. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
These terms are subject to New Zealand law and you irrevocably accept the jurisdiction of the New Zealand Courts.
Exclusion of Liability
While we make every effort to ensure the content of our website(s) provide accurate information, the website is provided on an ‘as is’ basis and the information provided is for general guidance only and does not constitute any advice of any kind.
Our Website has links to other websites outside of our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, not for any loss or damage arising from your use of any such website.
We make no representations or warranties of any kind with respect to this website or its contents. In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the website(s). The information contained on the website(s) may contain technical inaccuracies, or errors is expressly excluded to the fullest extent permitted by law.
Neither We or anyone else affiliated with Stapleton Consulting Limited (i.e. Directors or Shareholders or Employees) shall be liable for loss of damages arising out of or in connection, with the use of this website or reliance on its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct or indirect or consequential damages, loss of data, income or profit, loss of or damages to property and claims of third parties.
Notwithstanding this, none of the exclusions and limitation in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
Persons Under 18
We do not sell products or provide services for children or persons under the age of 18. If you are under 18 years of age, you may use our website(s) only with the involvement of a parent or guardian.
Any intellectual property rights held by the parties at the commencement of the Work will belong to that respective party. All intellectual property rights arising from the performance of the Work will be held by the Parties jointly. Intellectual property jointly created has been for your benefit.
You must not distribute intellectual property jointly created for the benefit of a third party without prior consent from us.
We are the proprietor and licensee of the Stapleton Consulting Limited copyright in the website(s), its contents (paid or unpaid) and images and no part of these websites may be reproduced without our express permission or the permission of the copyright holder.
Stapleton Consulting Limited is licensed to use the following registered Trade Marks:
- Stapleton Consulting, its logo and slogan – see the forest for the trees
- DIY HR, its logo and slogan – choose your HR journey
- the phrase ‘your employment journey’
No part of these trademarks may be reproduced without our express permission or the permission of the trademark owner.
Our “Content” shall mean any document, template, form, guides, videos, digital downloads, infographics, text, audio clips, data found on our Website or supplied to you while doing the Work or offered as a product or service.
We will strongly protect and defend our intellectual property rights in connection with our Website and/or Services including copyright in the content, whether provided by us or by any other content provider.
Copyright and Stapleton Consulting Limited
All our Content is our copyright. Your purchase or receipt of any our Content may allow you to adapt the information strictly for your own business use on an as required basis.
We also claim copyright in the designs and compilation of all Content of our Website, and/or Services. Title, ownership rights, and shall remain the sole property of us and/or the other content provider.
Except as agreed otherwise, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
Subject to the other terms of this agreement, you may download or copy Content only for your own use, if you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
You are strictly prohibited from:
- forwarding our Content in whatever form to another person, firm or business for their use;
- sharing your username and password with another person, firm or business so that they can take advantage of the service provided by Stapleton Consulting Limited without paying for it;
- reproducing the resources in any form whatsoever except for the purposes provided for in these Terms; and
- using or adapting the Content for on-sale to another person, firm, or business.
If you wish to use the Content for any of the purposes stated above, you must first obtain our express consent.
Health and Safety
You must provide us a list of known identified risks relevant to the Work and any health and safety management plans (or similar) operated by you that is relevant to the Work. We do not assume any of your obligations under the Health and Safety at Work Act 2015.
Limitation of Liability
You acknowledge and agree that people management processes and all aspects of the employment relationship are subject to interpretation and any employee (or ex-employee) has a right to raise a grievance against you irrespective of the quality of any process followed by you or support received from us. We are in no way liable for any cost or penalties associated with such claims or grievance action. You accept complete responsibility and liability for all your employment processes and the outcomes.
Our Website and Services provide guidelines only, these guidelines are based on information we receive from you, which may not always be complete. You retain discretion as to how you take our guidance and execute it. We cannot control your actions, body language or words during work and when undertaking these processes and therefore cannot be held liable for any claims.
It is an essential requirement as an Employer that you obtain and retain signed employment agreements, into the relevant employee file. We attempt to provide reasonable reminders of this need. Should you not obtain the signed documents, the quality of our Services will be significantly diminished, and, in some cases, Services may not be available to you. This is not grounds for a refund of fees paid for the Work. It is your sole responsibility to ensure the signing of employment agreements and other similar documentation occurs. Should there be a technical reason why this cannot happen you must notify us immediately so we may assist you to rectify the issue.
The Consumer Guarantees Act 1993, the Fair-Trading Act 1986, the Contract and Commercial Law Act 2017 and other statutes may imply warranties or conditions or impose obligations on us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, condition or terms imposed on us, our liability shall, where it is allowed be excluded or if it is not able to be excluded, only apply the minimum extent required by the relevant statute.
Except as otherwise provided by law we shall not be liable for any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by you or any other person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the Work.
You shall indemnify us against all claims and loss of any kind whether caused or arising because of our negligence or otherwise brought by any person in connection with any matter, act, omission, or error by us.
Failure by us to enforce any of these Terms and Conditions, and/or any Specialist Services Terms and Conditions and/or any terms and conditions of engagement mutually agreed between us and you in writing, shall not be deemed to be a waiver of any of our rights or obligations under this contract.
E-Commerce Limited Liability
We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are always available, subject to maintenance.
We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
Should you wish to cancel our consultancy services at any time, you must provide a minimum of 14 days written notice (“the Notice Period”). The Notice Period for Monthly Retainers is a minimum of 40 days (written notice).
During the Notice Period, we will complete any Work in progress to a point where it can be handed over to you to proceed with. We will also endeavour to have our records up to date and to complete any usual administration and filing required so that documents and records can handed over as appropriate.
Any Work conducted during the Notice Period shall incur a fee at a rate equivalent to our Flat Hourly Rates, unless otherwise mutually agreed.
If you cancel the Work with us after acceptance of the Client Proposal, you shall pay all actual and reasonable costs incurred by us together with a reasonable administration fee.
We shall, without any liability or any obligation to provide a full or partial refund, be entitled to cancel in whole or in part any contract for the provision of our services if you fail to pay any money owing after the Due Date, breach these Terms or if you commit an act of bankruptcy.
Any cancellation of this agreement shall not affect our claim for money due at the time of cancellation or for damages for any breach of these Terms and Conditions, and/or any Specialist Services Terms and Conditions and/or any terms and conditions of engagement mutually agreed between us and you in writing.
We have the right to cease work immediately by giving you written notice at your last known address where:
- any invoice remains unpaid after the stated payment date;
- you fail without reasonable cause to give us instructions for a period of one month where instructions are required or requested;
- you fail to make a material disclosure of a matter relevant to your case.
We also have the right to cease work in any other situation where we have good cause and give you reasonable notice.
In the event of a dispute or disagreement arising out of the contract between us and you, either party may give written notice no later than 14 days following the event/s giving rise to the dispute, to the other party specifying the nature of the dispute or disagreement, the remedy sought and requiring that the dispute or disagreement be determined and settled in accordance with this clause.
On receipt of the notice, the parties shall each appoint a representative who has authority to determine the grievance or dispute, and those two representatives shall meet as soon as reasonably possible to see if they can determine the grievance. All discussions, meetings and correspondence between the two representatives shall be deemed without prejudice and without concession of liability and shall not be used by either party in any later proceedings unless both parties agree, or agreement is reached by one party fails to honour the agreement.
If the two representatives cannot reach agreement within 30 days of being appointed, either party may refer the dispute to mediation.
These terms and conditions are governed by the law of New Zealand.
Terms and Conditions
The Employer Recruitment Services Terms and Conditions of Engagement will apply where you are engaging us to provide services relate to the recruitment of a new employee(s) to your business.
The Employer Recruitment Services Terms and Conditions are to be read in conjunction with our General Terms and Conditions of Engagement.
These Employer Recruitment Service Terms are current and effective as at 13 July 2020.
Employer Recruitment Service Fees
Recruitment services shall be charged on a fixed fee basis (“the Project Fee”) or flat hourly rate basis.
Fixed Fee Recruitment Projects
For recruitment projects where a Project Fee is applicable, the Project Fee shall be calculated based on the amount of time we anticipate as being required to complete the recruitment. We may, at our discretion, include Advertising fees, in the Total Project Fee.
Should the scope change or we anticipate the recruitment project to exceed the initial time estimate by more than 10% you will be advised at the earliest convenience. We may either review the Project Fee or, once the estimated number of hours has been exceeded, you will be charged on an hourly rate basis.
Where you require a candidate and/or a Stapleton Consulting representative to travel outside of the Waikato for an interview then we will be entitled to charge and invoice you for any reasonable costs and expenses incurred. We shall also be entitled to add an administration fee of 10% of the total cost incurred.
Advertising fees will be detailed in the Client Proposal. For advertising fees, other than social media advertising, we pass these onto you at the same rate we are invoiced by suppliers without any additional mark-up or premiums. Payment for the Advertising fees may be on different Terms to Consultant Time, and we reserve the right to request a deposit prior to commencing the Work to reimburse us for the fees we incur upfront.
You will be liable to pay any other advertising costs over and above the costs detailed in the Client Proposal (“the Extra Advertising Costs”).
Payment for the Extra Advertising Costs is due within 7 days of the date of we invoice you for the Extra Advertising Costs.
In the unfortunate event that you no longer require our recruitment services or the vacancy is no longer available (for whatever reason), you must provide a minimum of 14 days written notice (“the Notice Period”) of your intention to cancel our services. At the time of cancellation, we will advise you of the expenses and advertising fees incurred up to receiving notice of cancellation. Any cancellation fees we incur from our suppliers, shall be passed on to you for payment.
During the Notice Period, we will undertake appropriate candidate communications, project filing and administration. This Work shall be invoiced at our standard flat hourly rates.
Requests to cancel and cease recruitment work without notice shall incur a one-off administration fee of $750.
Payment for any outstanding fees shall be payable within 14 days.
Candidate Suitability Checks and Assessments
You agree that a reference check is only an indicative outline of a candidate’s abilities based on someone else’s views, opinions and judgement and that we are not liable for any loss or damage of any kind that may occur because of you relying on a reference check.
Upon request from you, we can provide you access to an online reference checking tool via the cloud platform ‘xRef’. This is not a standard offering and can be substituted for or conducted in addition to our usual ‘over-the-phone’ reference check.
Online reference checks conducted using the xRef platform are charged to you at a fixed rate of $295 (GST exclusive) per candidate. This fee covers the use the platform and Consultant time (e.g. setup, report interpretation and candidate liaison). The fixed rate also includes Consultant time to follow up Referee feedback.
You will be invoiced for the fixed cost incurred by us for using xRef as part of the monthly invoice for services or upon completion of the Work, whichever is the sooner.
Candidate Background Checks
We can access candidate background checking services such as criminal history checks via the Ministry of Justice and credit history checks.
We are unable to directly conduct NZ Police checks required for jobs that involve working with children. Alternatively, we can assist with the collection of the information and submitting the application on your behalf.
We require all candidates who successfully secure employment with a Client to complete a Ministry of Justice Criminal History Check. These checks are undertaken using the Ministry of Justice priority service.
All other background checking services are available upon request. Details of costs and options are made available prior to the commencement of the recruitment.
You will be invoiced for the background checking service fees as part of the monthly invoice for services or upon completion of the Work, whichever is the sooner.
You agree that we are not liable for any loss or damage of any kind that may occur because of you relying on the results of any other testing.
We can provide psychometric and competency testing of a candidate/s through the NZ licensed Saville Assessment Provider – PeopleCentric at the request of the client. Details of cost and testing options are available upon request prior to the commencement of recruitment.
You will be invoiced for the cost of testing services as part of the monthly invoice for services or upon completion of the Work, whichever is the sooner.
You agree that psychometric and competency testing provides only an indicative outline of a candidate’s abilities and that we are not liable for any loss or damage of any kind that may occur because of you relying on psychometric and competency testing results.
We may also provide a variety of other testing options with respect to assessing a candidate’s suitability i.e. medical/drug testing, forklift assessments etc. Details of the cost of any other testing are available upon request to us prior to the commencement of the testing.
You will be invoiced for the cost of the testing services as part of the monthly invoice for services or upon completion of the Work, whichever is the sooner. Where we are required to arrange other testing, then we will be entitled to charge and invoice the client for any reasonable costs and expenses incurred. We shall also be entitled to add an administration fee of 10% of the total cost incurred.
You agree that we are not liable for any loss or damage of any kind that may occur because of you relying on the results of any other testing.
Where you are engaging us to provide Employer Recruitment Services, the General Terms and Conditions of Engagement Payment Terms apply.
The decision to hire a candidate recommended to you is your sole decision. We provide no guarantee to you as to the suitability or quality of the candidate.
We endeavour to obtain accurate details on all candidates including their qualifications and experience. We are, however, reliant on the integrity of information supplied to us by potential candidates.
Nature of Relationship Between You and the Candidate
Where the candidate is employed by you as an employee you agree that you are responsible for complying with all employment related legislation including the provisions of the Employment Relations Act 2000 and the Health and Safety at Work Act 2015 (including any amendments to those enactments).
Where the candidate is engaged by you as a contractor you agree that you are responsible contractual obligations or liabilities arising under the agreement you enter with the candidate.
To respect candidate privacy and as part of our obligations under the Privacy Act, Clients are not permitted to contact candidates directly without our express permission to do so.
Candidate Introduction and Successful Employment without Recruitment Process
Where we are aware of a potential candidate that would be a positive fit for your business, we will always recommend that you conduct an open recruitment process. However, we also acknowledge that there are circumstances that may warrant you opting to cease the recruitment process or not commence a recruitment process and instead hire the candidate introduced by us.
The introduction period will run for a period of 6 months, with such period commencing from the initial referral of the candidate to the client by us.
Should you choose to employ a candidate that has been introduced to you by us, without the need for us to facilitate an open recruitment process, you acknowledge and agree that:
- An one-off introduction fee of $2,500 (GST exclusive) is payable to us within 14 days of the candidate commencing employment with you, irrespective of the capacity, position or nature of the employment terms the candidate has been employed under; and
- You are solely responsible for the decision to employ the candidate; and
- We are not liable for any damages or liabilities incurred, because of introducing the candidate to you and because of you employing the candidate; and
- If you fail to pay the introduction fee by the due date, you will incur a 10% penalty for every 14 days that the invoice remains unpaid after the due date.
We are committed to adhering to the requirements laid down by the Privacy Act 1993 to ensure that any information provided to us by you or a candidate is kept and used for lawful purposes.
Our Policy is to be read in conjunction with our General Terms and Conditions of Engagement.
Collection of Personal Information
We will collect personal information about you when you:
- become a potential candidate seeking placement as a contractor or employment. This information will be collected to enable us to assist you in possible job placement.
- subscribe to our newsletter via our website or follow our respective social media pages. We ask that you complete an online form which asks for information about you, such as your name and email address.
- purchase products or services from our website or pay accounts online. Our website also offers an e-commerce facility which allows you to purchase products or pay invoices using a credit card. When you use that facility, we collect information regarding your credit card in order that we can process your payment. Use of our e-commerce facilities is subject to additional terms and conditions which are outlined in our General Terms and Conditions of Engagement.
- become a client. When you become a client, irrespective of whether we doing Work, we collect more detailed information from you to enable us to give you the advice you need.
Please note that we do not collect information about you from other sources unless it is in the public domain or you have authorised us to do so.
How We Collect Your Personal Information
Our Clients and Suppliers
We will collect your Personal information to:
- personalise and improve your experience on this website or with the services we provide
- communicate with you in relation to any matter relevant to our business, this website and the services or products we provide
- monitor website usage
- provide you with information from third parties which we think would be of interest.
Where we communicate with you for marketing purposes, we will comply with the Unsolicited Electronic Messages Act 2007. This means that we will provide you with instructions for unsubscribing from such messages if you choose.
Recruitment Candidates, Job Hunters and Employees
Personal information will be collected when:
- You complete a registration form (whether in paper or electronic format) and submit that to us
- You supply us with your Curriculum Vitae (whether in paper or electronic format)
- You attend an interview with us
- You supply us with any other information (whether verbally or in writing) at any stage of you being listed with us as a candidate
- We receive any reference about you (whether from a former employer or referee)
- We obtain information from you directly while undertaking Work for your employer, our Client
- We obtain feedback from inquiries we may make with your former employer(s), work colleagues, professional associations, or any applicable registration body
- We receive the results of any medical or other testing that relates to you
- We receive feedback on your performance at work
- We receive notification of any complaint about you or workplace accident that you have been involved in
- We receive an application (regardless of form) from you in response to a job placement advertisement; and
- We obtain any information about any investigation, inquest, inquiry, litigation, or prosecution that you are involved in.
Use of Personal Information
Upon authorised collection of your personal information by the abovenamed means you authorise us to use your information in connection with the following:
- To undertake the Work for our Client
- Assessment of your suitability for employment/or placement (in whatever capacity)
- Reference checking
- Assessment of your ongoing performance and prospects
- Performance Appraisals
- Payment for work you may have completed
- Follow up referrals for further work
- Checking for work availability
- Any test or assessment you may be required to undergo i.e. medical tests or psychometric assessments
- Identification of any specific training needs or workplace rehabilitation
- Any insurance claim or inquiry that requires disclosure of your personal information
- Our handling of any complaint, investigation, or inquiry of which you are or have been involved in
- To fulfil any specific legal requirements that necessitate disclosure of your personal information
Disclosure of Personal Information to Third Parties
In most instances you will receive prior notification of our intention to share your personal information with third parties, and you will have the right to choose not to share your information.
We do not sell your personal information.
Our employees and subcontractors will have access to your information to carry out their job. They are subject to obligations of confidentiality and are restricted from using it for any other purposes, other than the Work related to their functions.
If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the entire World, you have no control whatever as to how it is used.
Where you are using our Employer Recruitment Specialist Services any information supplied by us to you regarding a candidate is done so on a strictly confidential basis to enable you to assess a candidate’s suitability for the position and except where authorised or required by law shall not be disclosed to any third party without the candidate’s consent.
When we provide our Services, you acknowledge that you will be sharing with us personal employee information. When doing this you confirm you have the appropriate policies and agreement from the employee(s) concerned to share this information with us.
To enhance the delivery of our services, we may share your personal information with other service providers
Our Job Hunters
Where you are using our Job Hunter Specialist Services, you agree that you authorise us to disclose this information to:
- Any of our clients using our Employer Recruitment Specialist Services;
- Your Referees;
- Our Insurers
- Any professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information
- The Accident Compensation Corporation (ACC)
- Agencies involved in the completion of criminal records check (i.e. Ministry of Justice or NZ Police) and credit history checks
- Contractors and suppliers i.e. computer database, IT and website agents; and
- Any other person or party with a lawful entitlement to obtain the information.
Access of Information and Correction to Information Held
Subject to the exceptions laid down by the Information Privacy Principles in the Privacy Act, you have the right to see and obtain a copy of any of the personal information we hold about you. Any such request will be dealt with by us in a reasonable and practicable timeframe without undue delay.
If after reviewing the information we hold about you, you can establish that some or all that personal information is not accurate, complete or up to date we will undertake steps to correct it or any part of it so that it is accurate, complete and up to date. If you wish to access your information or request a correction you should contact us at [email protected]
To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
Where practicable you will not be charged for an access request, however where the access request spans a large amount of information then we may charge for our reasonable costs incurred.
Promotion and Marketing
By providing us with your email address, you consent to receiving promotional material from us.
With your permission we pass your email address and name to selected associates or services partners whom we consider may provide services or products you would find useful.
You may opt out of our promotion and marketing activities at any time by emailing us.
Our website is owned, hosted and operated by Catherine Stapleton of Hamilton. Our trading name is Stapleton Consulting. Our website addresses are – www.stapleton.consulting; www.stapletonconsulting.co.nz; and www.stapletonconsult.com
No sensitive data about users or visitors are stored on this web site. No credit card or address and personal details are stored on this web site.
A cookie is recorded on your computer when you visit our website(s).
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
We recommend you allow cookies because it helps you to access features that you may not have access to otherwise.
Embedded Content from Other Websites
Articles on our Websites may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
By providing personal information to us, whether verbally or in writing by whatever means then you expressly acknowledge that you have read and understood the terms and conditions related to Personal Information and because of this you consent to us collecting personal information about you and disclosing and using that information as set out in the above terms.
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