
The fine print
Our Terms
& Conditions
- Terms and Conditions
- Consultancy
- Integrated Partner Services
- Training and Facilitation
- Recruitment
- General
- Website
- Privacy
Our Terms and Conditions
The following Terms and Conditions of Engagement apply to the supply of employment and human resources consultancy and, training and facilitation services offered by Stapleton Consulting Limited (“the Work”). These services may be provided through online subscriptions and products 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”.
Our “Terms and Conditions of Engagement” include terms specific to the provision of our “Specialist Services”. Specialist Services such as Recruitment and, Training and Facilitation. Our Privacy Policy and Website Terms of Use also form part of these Terms and Conditions of Engagement.
These Terms and Conditions of Engagement are current and effective from 2 December 2024.
Our NZBN is 9429 0450 00812.
Our Services
Stapleton Consulting Limited provides generalist and specialist employment, and capability services are provided in four different ways:
- Our “Consultancy Services” are provided on an ad hoc as required or project basis
- Our “Integrated Partner Services” are provided on a retained (‘contract’) services basis
- “Online Solutions and Toolkits” are provided on a minimum 12-month subscription basis or one-off basis
- Our “Training and Facilitation Services” are provided on a set fee, project or retainer basis
Employment and capability services may also include or be referred to as human resources, recruitment, organisational development, change management, learning and development, people and capability services.
Our 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, our professional duty is to give your affairs proper care, skill, and attention.
Throughout the handling of your matter(s), we will rely on you to supply promptly all information needed to act on your behalf and tell us promptly of any relevant change in circumstances. We will only check the accuracy of such information if it is expressly 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 still determining 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 your failure 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 must keep all the information you tell us confidential from other parties unless we have your instructions to disclose it. Otherwise, only people we employ or engage as contractors will have access to your files and are under an express duty of confidentiality.
Our Approach to Fees and Pricing
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;
- Any referral partner commission fees we may be liable for; 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 subscriptions.
All charges and fees outlined in these Terms and Conditions and 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 the commencement of the Work.
Our fees are usually reviewed annually in December, effective 1 January. We will communicate any changes in our fees to you following the review and in advance of when they take effect.
When Exercising Your Prerogative
If you do not seek our advice before deciding to manage a situation with an employee or before starting any formal HR process (e.g., recruitment, disciplinary, restructuring, trial period, termination, medical termination, or performance management), it is at our discretion to provide support.
If you ignore our advice or deviate from our recommended processes and an employee files a personal grievance (PG), we reserve the right to choose whether to assist, including providing a first written response.
In such cases or if you need support beyond our services, we can refer you to a third party upon request. Your relationship with this third party will be governed by their terms, and we are not liable for any costs or issues arising from this relationship.
Dissatisfaction with Our Services
Our most important task is to ensure your absolute satisfaction. We will always strive to achieve that goal. However, we acknowledge that mistakes can be made occasionally. This section covers that possibility. If you are not wholly satisfied with the Work, 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 is the 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 initially.
Our dispute resolution terms will apply when we cannot reach a mutually agreeable outcome.
Acceptance
All Work undertaken by Stapleton Consulting Limited is outlined in a ‘Proposal’ document/email or an ‘Engagement Letter’. These are usually provided to you before we commence the Work. The Proposal or Engagement Letter will include the scope of Work, an estimate of our fees, a link so you can access these Terms and Conditions via our website, 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 under the Proposal or Engagement Letter constitutes your acceptance of these 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 Proposal or Engagement Letter.
All Proposals or Engagement Letters are valid for 30 days.
Variations and Additional Terms
Any instructions from you to vary or alter the scope of our services will be treated as a variation.
Regardless of these Terms and Conditions, our fee may be adjusted to reflect any reasonable increase in service fees that occur between the date of the Proposal and the start date of our services, provided such an increase is beyond our control.
These Terms and Conditions, along with any other written agreements between us, represent all the terms, representations, and warranties between the parties.
Any implied terms, conditions or warranties are expressly excluded from these Terms and Conditions.
We reserve the right to modify these Terms and Conditions and Privacy Policy at any time and in any manner at our sole discretion by either:
- posting a revision on our website or
- sending information regarding the amendment to your email address.
You are responsible for regularly reviewing our Website, Terms and Conditions, and Privacy Policy. By continuing to use our website after revisions have been posted or you have been informed of such amendments, you will be considered to have accepted these changes. We will not be liable to you or any third party for any modifications to the Terms and Conditions or Privacy Policy.
Our Consultancy Terms and Conditions
Consultancy Work Defined
Our “Consultancy Services” is Work that requires us to provide expert advice on any relevant subject or area of service as defined in the ‘Our Services’ clause.
The work is usually one-off, discreet, and generally requested with minimal notice. There is no commitment to any future work provided by the Client.
Consultancy Fees
Pricing structures include hourly rates or fixed prices (or set fees).
Ad-hoc Hourly Rate Consultancy Work
Work carried out on an as-and-when-required (ad hoc) basis is calculated by the hour and charged in 5-minute increments.
Where the work is being carried out on an hourly rate basis, any subsequent meetings are chargeable and additional to any fee estimates.
Set Project Fees
When we provide consultancy services based on an agreed scope of work for a fixed fee paid in monthly instalments, the fee is payable regardless of whether the scope of work is completed (“the Set Fee”).
Where all the allocated hours for the project are used before the end of the project (or end of the project milestone), the Client may be invoiced for any additional work undertaken by us on an hourly rate basis.
Consultancy Payment Terms
Adhoc Consultancy Payment Terms
We will invoice you monthly 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’).
Payment can be made by electronic bank transfer or through our automatic direct debit provider(s), GoCardless.
Set Project Fee Payment Terms
Our Set Fees are invoiced on the 1st of the current month for payment within 14 days of the invoice or on the due date mutually agreed (‘the Set Due Date’).
Payment must be made through our automatic direct debit provider(s), GoCardless. The Set Fees are directly debited from your nominated bank account on the Set Due Date agreed when the direct debit is established.
Where the Work completed exceeds the Set Fee outlined in the Proposal by more than 10% in any month or for any milestone, we may choose to invoice you separately for the excess Work completed at the end of each month, at the completion of a milestone or the completion of the project. Payment is to be made by the Set Due Date.
Cancellation of Consultancy Services
Should you wish to cancel the Consultancy Work, the following notice periods will apply:
- Our ad hoc consultancy services can be cancelled by providing a minimum of 14 days written notice (“the Notice Period”)
- The Notice Period for Set Projects is a minimum of 21 days
Refer to our cancellation terms in our general terms and conditions for further details.
Our Integrated Partner Terms and Conditions
These Integrated Partner Services Terms and Conditions are to be read in conjunction with our Terms and Conditions of Engagement. Our Integrated Partner Services may also be referred to as “Outsourced HR”, “Retainers” or “Contract HR Manager” services for the purpose of these terms.
Integrated Partner Services Defined
Clients may choose to outsource or subcontract their employment and capability (HR) needs to us. For example, Clients with an existing HR team may request that we work alongside the HR team to provide additional resourcing or a range of specialist services to meet the organisation’s needs for an extended period.
What sets Integrated Partner Services apart from our consultancy services is that the Work is usually ongoing beyond an initial 3-month engagement and is likely to be more than one service (i.e. recruitment and HR advisory or change management).
Integrated Partner Services Fees
Monthly Retainers and Set Project Fees
Fees for Integrated Partner Services are payable on a monthly basis, regardless of whether all allocated hours are used, or the scope of work is completed.
If the allocated hours are exceeded before the end of the month, additional work (or hours) will be invoiced at an agreed hourly rate or deducted from the following month’s balance.
Unused hours may roll over to the following month, expiring after three months.
Monthly retainers have a minimum term of six months.
Monthly Retainer and Set Project Fee Payment Terms
Our Monthly Retainers and Set Project Fees (“the Set Fees”) are invoiced on the 1st of the current month for payment within 14 days of the invoice or on the due date mutually agreed (‘the Set Due Date’).
Payment must be made by our automatic direct debit provider, GoCardless (unless agreed otherwise). The Set Fees are direct debited from your nominated bank account on the Set Due Date.
Work completed that exceeds the Monthly Retainer limit; we will invoice you at the end of each month. Payment is to be made by the Set Due Date.
Cancellation of Integrated Partner Services
Cancellation requires a minimum of 40 days’ written notice (“the Notice Period”). Unused time may be reallocated to other work by agreement before expiration.
Where the cancellation period results in a part month being worked, a pro-rata amount for that month will be payable on the Set Due Date.
For further details about cancellation please refer to our general terms and conditions of engagement.
Our Training and Facilitation Terms
These Training and Facilitation Terms and Conditions will apply where you are engaging us to provide training or group facilitation services, and when we offer public training workshops.
These Training and Facilitation Terms and Conditions are to be read in conjunction with our Terms and Conditions of Engagement. Our Training and Facilitation Services are referred to as “training” or “workshop” for the purpose of these terms.
Training and Facilitation Fees
Training and Facilitation services are calculated on a set fee basis, and have consideration for content preparation, delivery, travel, and post-training follow-up. These fees are payable by:
- One-off set fee prior to training delivery, or
- Paid in two instalments – on engagement and at least 7 days prior to delivery (depending on when the training is booked).
Cancellation of In-house (or Bespoke) Training and Facilitation Services
Should you need to cancel your in-house training four weeks prior to the training commencement date, 50% of the total training fee will be payable immediately. The total training fee will be as provided in the agreed Proposal.
Where your scheduled training is cancelled less than four weeks prior to training commencement date, the total training fee is payable on notice of cancellation.
An agreed alternative training date can be arranged. The new training date must be within 6 months of the original scheduled training date (unless otherwise agreed).
Public Workshops
The workshop fees payable for public workshops will be as advertised on our website or email communications. Fees will be payable on invoice using bank transfer, GoCardless or via our E-Commerce service providers.
Cancellation of Public Workshop Training Services
50% of the public workshop fee(s) is payable, where cancellation is received five working days or more before the workshop start date.
No refund, of the total public workshop fee applies where cancellation notice is received with less than five working days’ notice.
Where the registered person is unable to attend, a substitution within the same organisation can be made, provided we are informed at least one day prior to the workshop start date.
Where a refund is agreed; refunds will only be made to the person or organisation that made the original payment.
We can postpone or cancel scheduled training
We reserve the right to cancel or postpone scheduled training if necessary. Every effort will be made to give you no less than five working days’ notice of cancellation. We are not responsible for any costs you incur due to cancellation.
An alternative training date (or training topic) may be provided, or a full refund is provided if the training is cancelled by us.
Travel and Accommodation
You are responsible for your own travel/accommodation bookings. Should the service we are providing is rescheduled or cancelled, no compensation for such bookings will be provided.
Employer Recruitment Services
These Employer Recruitment Services Terms and Conditions will apply where you are engaging us to provide services for recruiting a new employee(s) to your organisation.
The Employer Recruitment Services Terms and Conditions are to be read in conjunction with our Terms and Conditions of Engagement.
Employer Recruitment Service Fees
Recruitment consultancy services will be charged on an hourly rate basis in accordance with the Consultancy Service Fees and Payment Terms.
Integrated Recruitment Partner Service fees will be charged based on a monthly retainer in accordance with the Integrated Partner Fees and Payment Terms.
You will be invoiced for the fees relating to background checking, advertising and testing services as part of the monthly invoice for services or upon completion of the Work, whichever is sooner.
Recruitment-related travel expenses
Where you require a candidate and a Stapleton Consulting representative to travel outside of the Waikato for an interview, we will be entitled to charge and invoice you for any reasonable costs and expenses incurred. We will also be entitled to add an administration fee of 10% of the total cost incurred.
Advertising
Proposed Advertising fees will be detailed in the Proposal.
Payment for the Advertising fees may be on different Terms to those stated in these Terms and Conditions, and we reserve the right to request a deposit before commencing the Work to reimburse us for the fees we incur upfront.
You will be liable to pay any other advertising costs we incur over and above those detailed in the Proposal (“the Extra Advertising Costs”).
Payment for the Extra Advertising Costs is due within seven days of the date we invoice you for the Extra Advertising Costs.
Candidate Introductions
We recommend conducting open recruitment even if there’s a known candidate who is the best person and is capable to do the role. However, there are some circumstances that may lead you to hire the candidate we introduced without starting a recruitment process.
The candidate introduction period lasts for six months from our initial referral to you.
If you decide to employ the candidate we introduced without an open recruitment process:
- A one-off introduction fee is payable to us within 14 days of the candidate starting their employment, regardless of the employment terms (or from when we became aware that you hired the candidate we referred).
- You are solely responsible for the decision to hire the candidate.
- We are not liable for any damages or liabilities arising from the introduction and hiring of the candidate.
- If the introduction fee is not paid by the due date, you are liable for a 10% penalty fee incurred for every 14 days the invoice remains unpaid.
The one-off introduction fee payable will be based on the table below and the full-time equivalent fixed remuneration (excluding 3% KiwiSaver) offered to the candidate.
Candidate Fixed Rem Offered | Introduction Fee payable |
Less than $65,000 | $2,750 |
$65,000 to $90,000 | $4,500 |
$90,001 to $130,000 | $6,250 |
$130,001 or more | $8,500 |
Directors and Executives | $12,000 |
Cancellation of Recruitment Services
In the unfortunate event that you no longer require our recruitment consultancy services, or the vacancy is no longer available (for whatever reason), you must provide a minimum of 14 days written notice (“the Recruitment Notice Period”) of your intention to cancel our recruitment services.
At the time of cancellation, we will advise you of the expenses and advertising fees incurred up to receiving the cancellation notice. Any cancellation fees we incur from our suppliers will be passed on to you for payment.
During the Recruitment Notice Period, we will undertake appropriate candidate communications, project filing and administration. This Work will be invoiced at the greater of our standard hourly rates or our one-off recruitment administration fee ($950).
Cancelling recruitment work without notice incurs a one-off recruitment administration fee of $950 fee plus costs relating to candidate communication, withdrawing advertising and handover (if requested).
Payment for any outstanding fees will be payable within 14 days.
Candidate Suitability Checks and Assessments
Reference Checks
You agree that a reference check only indicates a candidate’s abilities based on someone else’s views, opinions, and judgment. We are not liable for any loss or damage that may occur because you relied on a reference check.
We can provide access to the online reference checking tool ‘xRef’ upon request. This service is optional and can complement or replace our usual phone reference checks.
The xRef platform incurs a fixed rate per candidate, covering platform use and Consultant time for setup, report interpretation, and candidate liaison. Follow-up on Referee feedback may also be included by request.
You will be invoiced for the xRef costs either monthly or upon Work completion, whichever comes first.
Candidate Background Checks
We can access candidate background check services, including criminal history from the Ministry of Justice and credit history via Centrix. We do not directly conduct NZ Police checks for roles involving young or vulnerable persons but can assist upon request.
We require all candidates that are offered employment with a client(s) to complete a Ministry of Justice Criminal History Check using their priority service, at a minimum, unless you request otherwise. Additional background checks are available upon request, with costs detailed in the proposal.
We are not liable for any loss or damage you or others may incur from relying on the background check results.
Psychometric Testing
We can provide psychometric and competency testing of a candidate/s through the NZ-licensed Saville Assessment Provider – PeopleCentric. Costs and testing options are available upon request.
You agree that psychometric and competency testing provides only an indicative outline of a candidate’s abilities. We are not liable for any loss or damage that may occur because you relied on psychometric and competency testing results.
Other Testing
We may also provide various forms of other testing options for assessing a candidate’s suitability, i.e. medical/drug testing, forklift assessments, typing aptitude, financial literacy, etc. Details of the cost of any other testing are available upon request to us before the commencement of the testing.
We will charge the client for any reasonable costs and expenses incurred for additional testing, plus a 10% administration fee.
You agree that we are not liable for any loss or damage that may occur because you rely on the results of any other testing.
Recruitment Payment Terms
Where you engage us to provide Employer Recruitment Services, the Consultancy Payment Terms apply unless otherwise specified elsewhere in any sub-clause under Employer Recruitment Services.
Guarantee
The decision to hire a candidate recommended to you is your sole decision. We provide no guarantee to you regarding 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 and other parties.
Nature of Relationship Between You and the Candidate
Where you employ the candidate 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 you engage the candidate as a contractor, you agree to be responsible for 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. Please refer to our Privacy Policy for more information.
Our General Terms and Conditions
These general terms and conditions apply to all our services and products, unless otherwise specified.
Travel Fees
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 $80
- Zone 2 – within 35km of our Office $150
- Zone 3 – more than 35km from our Office – price on application
The travel fees for Zones 1 & 2 are based on the one-way distance from our office to the Client’s premises or meeting location. Zone 3 Clients usually pay either the equivalent of the Zone 2 fee plus a set per km rate for all kms travelled beyond 35kms, or a fixed fee that is provided in the proposal.
Air travel and accommodation costs will be mutually agreed on a case-by-case basis.
We reserve the right to request payment for travel fees in advance. Should you cancel the meeting, or the reason for our travel is no longer required, within 24 hours of the meeting, you can be liable for the travel fee that would have otherwise been incurred.
Services provided outside of reasonable business hours
Where urgent support is needed outside of reasonable business hours (7:30am – 5:30pm, Monday to Friday), during official closedown periods, or while a consultant is on leave, we may charge a 15% administration fee in addition to service fees.
This fee accounts for any additional costs and inconvenience. We will do what is necessary given the circumstances until we return to the office. We aim to provide a quality service with consideration given to our operational constraints and commitments.
Third Party Services Fees
Proposed Third Party Services fees will be detailed in the Proposal.
Payment for the Third-Party Services fees may be on different Terms to those stated in these Terms and Conditions, and we reserve the right to request a deposit before commencing the Work to reimburse us for the fees we incur upfront.
You will be liable to pay any other third-party costs we incur over and above those detailed in the Proposal (“the Extra Third Party Costs”).
Payment for the Extra Third-Party Costs is due within seven (7) days of the date we invoice you for the Extra Third-Party Costs.
Non-Payment
If payment is outstanding for more than 20 days after the Due Date, or Set 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 $300.00 (plus GST) upon re-commencing the Work once payment has been made.
We may allocate any payment from you to any invoice at our discretion, either upon receipt or later. If you default, we can reallocate previous payments. If we do not allocate payments, they will be deemed allocated to preserve 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, or Set Due Date.
You will cover any expenses, legal costs, or fees we incur enforcing these Terms and Conditions, including reasonable solicitor and debt collection agency fees.
Cancellation
Should you wish to cancel our consultancy services at any time, you must provide the minimum notice period provided for the Work agreed.
If you cancel the Work with us after acceptance of the Client Proposal, you will pay all actual and reasonable costs incurred by us together with a reasonable administration fee.
During the notice period, we will complete any work in progress to a point where it can be handed over to you. We will also ensure that our records are updated and complete any necessary administration and filing so that documents and records can be handed over or referenced in the future as needed.
If you cancel the engagement after accepting the Client Proposal, you will be responsible for all actual and reasonable costs incurred by us, along with a reasonable administration fee.
Without any liability or obligation to provide a full or partial refund, we reserve the right to cancel any contract for our services, in whole or in part, if you fail to make payment by the Due Date or Set Due Date, breach these Terms, or if you commit an act of bankruptcy.
Any cancellation of this agreement will 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 (email or physical) 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.
Subcontractors
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.
Our Partnerships
Occasionally, we form partnerships with third-party providers that complement our services. These partnerships may involve the payment of commissions or referral fees. You will be informed of any such interests and potential commissions at the time of engagement or referral.
Intellectual Property
Each party retains their intellectual property rights at the start of the Work. Any new intellectual property from the Work will be jointly owned by the Parties. Jointly created intellectual property is for your benefit and cannot be shared with third parties without our consent.
Stapleton Consulting Limited owns the copyright of the website(s) and its content. No part may be reproduced without our permission or that 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’
Our “Content” will mean any document, template, form, guides, videos, digital downloads, infographics, text, audio clips, data we have created and can be found on our Website or is supplied to you while doing the Work or offered as a product or service.
We are committed to vigorously safeguarding and defending our intellectual property rights associated with our Website and/or Services, including the copyright of the content, whether it is provided by us or any other content provider.
Copyright and Stapleton Consulting Limited
All our content is copyrighted. Your purchase or receipt of our content allows you to adapt it strictly for your business use as needed.
We claim copyright on the designs and compilation of all content on our website and services. Title and ownership rights remain with us or the content provider.
Unless otherwise agreed, you may not copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or exploit any content, in whole or in part.
You may download or copy content only for personal use, maintaining all copyright and notices. You cannot store a significant portion of any content electronically.
You cannot use our name, logos, trademarks, or any other content on your website or anyone else’s.
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.
Indemnity and Wavier
You must indemnify us against any claims or losses, whether due to our negligence or otherwise, related to any act, omission, or error by us. Our failure to enforce any terms and conditions does not waive any of our rights or obligations under our agreement or your use of our websites and information.
Limitation of Liability
You accept full responsibility for your employment processes and their outcomes. Employees can file grievances regardless of process quality, and we hold no liability for associated costs.
Our Website and Services offer guidelines, sometimes based on incomplete information you provide. Your actions and decisions remain under your sole control; thus, we are not liable for any claims resulting from them.
It is crucial that you obtain signed employment agreements for employee files. Failure to secure these documents affects service quality and availability, without grounds for a refund. Notify us of any technical issues promptly.
Statutes like the Consumer Guarantees Act 1993 and others may impose non-excludable obligations on us. Our liability is limited to the minimum extent required by law.
Except where legally mandated, we are not responsible for any losses, including indirect or consequential damages. You indemnify us against all claims, including those arising from our negligence.
Failure to enforce terms does not waive our rights or obligations under this Agreement.
E-Commerce and Direct Debit Limited Liability
We do not guarantee that the E-Commerce and Direct Debit Processes, or your use of our E-Commerce and Direct Debit Services, will be flawless, instantaneous, uninterrupted, or free from viruses. Additionally, we cannot assure that the information provided through the E-Commerce and Direct Debit Processes will be complete, accurate, or current. However, we will make every effort to ensure that the E-Commerce and Direct Debit Services are consistently available, subject to maintenance requirements.
We accept no liability or responsibility for the refusal or reversal of payments, as these matters fall between you and your credit (or debit) card provider.
Subject to any rights you may have under the Consumer Guarantees Act 1993, except where expressly prohibited by law, in no event shall we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the potential for such damages. If, despite the aforementioned provisions, we are found liable to you for any damage or loss resulting from your use of the Website or the E-Commerce or Direct Debit Services, our liability shall not exceed the dollar amount of the transaction that caused the damage or $100.00, whichever is lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
Dispute Resolution
If a dispute arises from our contract, either party can give written notice within 14 days of the event, outlining the issue and desired remedy. Upon receiving the notice, both parties will appoint representatives to resolve the dispute. Their discussions will be without prejudice and not used in future proceedings unless agreed upon by both parties. If they cannot agree within 30 days, either party may refer the dispute to mediation.
Governing Law
These terms and conditions are governed by the law of New Zealand.
Website Terms of Use
Errors or misrepresentations can occur. We would be grateful if you bring any information you find on our Website to our immediate attention.
New Zealand Website
Our websites are designed for New Zealand employers and employees only. If you do not plan to use this information in New Zealand, please do not use our site or its content. By listing a New Zealand address in our forms, you confirm you are a resident of New Zealand. We rely on this confirmation before accepting your offer to purchase products or services from us.
Exclusion of Liability
We strive for accuracy and quality but provide our website “as is”. The content is for general guidance only, not advice.
Our site links to external websites beyond our control. We are not responsible for their content or any loss arising from their use.
We make no warranties about this website’s accuracy, completeness, or suitability. It may contain errors, which are fully excluded by law.
Neither Stapleton Consulting Limited nor its affiliates (Directors, Shareholders, Employees) are liable for any damages from using or relying on this site. This includes all types of damages and losses.
These exclusions do not limit your consumer rights in New Zealand.
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, you may use our website(s) only with the involvement of a parent or guardian.
Our Privacy Policy
We are dedicated to complying with the requirements established by the Privacy Act 2020, ensuring that any information provided by you, your employees, or a candidate is maintained and utilised for lawful purposes only.
Use of Personal Information
When you subscribe to our website, become a client, or use our E-commerce Services, we collect personal information that you provide during the sign-up, discovery session, or application form. You always have access to the information we hold about you under 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 will be treated according to 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. These providers are also required to adhere to the Privacy Act 2020.
Using our E-Commerce Services means you agree to provide information electronically. This agreement implies you consent to provide any relevant information in the format and to the standards described for each transaction. It also acknowledges that the information will be retained in electronic form by the third-party provider or us.
By providing personal information to us, whether verbally or in writing by any means, you indicate that you have read and understood this Policy and our terms and conditions related to Personal Information. Consequently, you consent to us collecting personal information about you and disclosing and using that information as set out in the Policy.
Collection of Personal Information
We collect personal information when you:
- seek job placement as a contractor or employee,
- subscribe to our newsletter via our website or social media, by providing your name and email,
- buy products or services from our website using a third-party credit card processing provider
- become a client and are an employee of that client, allowing us to give detailed advice.
For e-commerce transactions, refer to our General Terms and Conditions of Engagement and the third-party payment provider’s terms and conditions of use.
Please note that we only collect information about you from other sources if 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 the services we provide
- communicate with you about 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 that we think would be interesting.
We will comply with the Unsolicited Electronic Messages Act 2007 when communicating with you for marketing purposes. This means we will provide instructions for unsubscribing from such messages if you choose and assist you with unsubscribing on your request.
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 your 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 or your employer 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 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 we 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 in 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 access your information for their jobs and the Work. They are subject to confidentiality obligations and are restricted from using your information for 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 over how it is used.
Our Clients
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 will not be disclosed to any third party without the candidate’s consent.
When we provide our Services, you acknowledge that you will share personal employee information with us. 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 Candidates and Job seekers
When you complete an online job seeker profile via our job vacancy website (www.jobs.stapleton.consulting), you agree that you authorise us to disclose this information to:
- Any of our clients using our Employer Recruitment Specialist Services;
- Your Referees;
- 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 Privacy Act’s Information Privacy Principles (IPP), you have the right to see and obtain a copy of any personal information we hold about you. Without delay, we will deal with such requests in a reasonable and practicable timeframe.
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 hello@stapleton.consulting
To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or correcting your information.
Where practicable, you will not be charged for an access request; however, we may charge for our reasonable costs where the access request spans a large amount of information.
Promotion and Marketing
You consent to receive promotional material from us when you provide us with your email address.
With your permission, we pass your email address and name to selected associates or service partners whom we consider providing services or products you find helpful. Your prior consent will be obtained before doing so.
You may opt out of our promotion and marketing activities at any time by emailing us or following the instructions provided in our e-newsletters.
Our Website
Catherine Stapleton of Hamilton owns, hosts, and operates our website on behalf of Stapleton Consulting Limited. Our trading name is Stapleton Consulting. Our website addresses are www.stapleton.consulting; www.stapletonconsulting.co.nz; www.jobs.stapleton.consulting;
No sensitive data about users or visitors are stored on these websites. No credit card or address and personal details are stored on these websites.
Recruitment information is held by our provider – SnapHire. Data is managed based on their standard data retention policy.
Website Cookies
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, notify the browser when you receive a new cookie, or turn off cookies altogether.
We recommend allowing cookies because it helps you access features 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 like the visitor has visited another website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Acceptance
By providing personal information to us, whether verbally or in writing by whatever means, 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.
By submitting your information to our website or social media pages, you consent us to use that information under this Privacy Policy.
If we change our Privacy policy, we will post the changes on this page and may place notices on other website pages. Continued use of the website and our services signifies that you agree to any such changes.
This Privacy Policy applies to your use of our websites. Your website(s) use signifies your acceptance of these Terms.