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 names “Stapleton Consulting” or “DIY HR”.
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 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 form part of these Terms and Conditions.
These Terms and Conditions of Engagement are current and effective from 1 January 2024.
Our NZBN is 9429 0450 00812.
Our Services
Stapleton Consulting Limited provides generalist and specialist employment, and capability (also known as human resources, recruitment and organisational development) 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 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 a similar duty of confidentiality.
Our Approach to Fees and Pricing
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 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 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.
When Exercising Your Prerogative
Suppose you choose not to seek our advice before managing/responding to 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, restructuring, trial period or probation, termination, medical termination, or performance management process). In that case, it is 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 about 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, 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 achieve that goal. However, we acknowledge that mistakes are 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 or an ‘Engagement Letter’. These are usually provided to you before we commence the Work. The Proposal or Engagement Letter will include a 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.
Notwithstanding anything in these Terms and Conditions, our fee may be increased by the amount of any reasonable increase in the fees for our services between the date of the Proposal and the date we commence providing our services to you and where such increase is beyond our control.
These 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.
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:
- a) posting a revision on our website or
- b) sending information regarding the amendment to your email address.
You are responsible for regularly reviewing our Website and these Terms and Conditions and Privacy Policy. You will be deemed to have accepted such amendments by continuing to use our website while we do the Work after such revisions have been posted or information regarding such amendments has been sent to you. You agree that we will not be liable to you or any third party for any modification of 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
Where we are providing you with agreed consultancy services for based on an agreed scope of Work for an agreed fee to be paid in monthly instalments, the fees for these services is payable irrespective of whether the scope of work is completed.
Where all the allocated hours for the project are used before completion month, 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 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 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.
Alternatively, you may have the Set Fees directly debited from your bank account each month based on the initial purchase date and when you agreed to these Terms.
Where the Work completed exceeds the Set Project Fee outlined in the Proposal by more than 10% in any month, we may choose to invoice you separately for the excess Work completed at the end of each month 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
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 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.
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 their employment and capability (HR) needs to us. 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
Where we are providing you with agreed services for an allocated amount of time or based on an agreed scope of Work for an agreed fee to be paid on a monthly reoccurring basis, the fees 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 before the end of the month, the Client may be invoiced for any additional work undertaken by us on an hourly rate basis. Alternatively, we may agree to deduct the excess hours from the balance for the following month.
If allocated time remains unused at the end of the month, that time may roll over into the following month. Unused time will have a lifespan of three months. Any time remaining unused after three months will expire.
Our monthly retainers have a minimum term of six (6) months, and should you wish to cancel the retainer, you must provide at least 40 calendar days’ written notice.
Unused time may be allocated to other Work by agreement, provided the unused time has not expired.
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. The Set Fees are directly debited from your nominated bank account on the Set Due decided when the direct debit is established. Alternatively, you may have the Set Fees directly debited based on the initial purchase date and when you agreed to these Terms.
Work completed exceeds the Monthly Retainer limit (‘the Hours Cap’); we will invoice you separately at the end of each month. Payment is to be made by the Set Due Date.
Cancellation of Integrated Partner Services
Should you wish to cancel the Integrated Partner Services, a minimum of 40 days written notice (“the Notice Period”) is required.
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 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.
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.
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 14 days prior to delivery.
Cancellation of Training and Facilitation Services
Should you need to cancel your 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 either 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 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.
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.
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 incurred 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.
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 will always recommend that you conduct an open recruitment process, even when we are aware of a potential candidate who would be an excellent fit for your team. However, we also acknowledge that circumstances may warrant you to cease or not commence a recruitment process and instead hire the candidate we introduced.
The candidate introduction period runs for six months, commencing from the initial referral of the candidate to you (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:
- A one-off introduction fee 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.
The one-off introduction fee payable will be based on the full-time equivalent fixed remuneration (excluding 3% KiwiSaver) offered to the candidate based on the table below.
| 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 a 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 our standard hourly rates.
Requests to cancel and cease recruitment work without notice will incur a one-off administration fee of $1,500.
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.
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 agreed rate per candidate. This fee covers the platform and Consultant time (e.g. setup, report interpretation and candidate liaison). The fixed rate also includes Consultant time to follow up on Referee feedback if required.
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 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 cannot directly conduct NZ Police checks required for jobs that involve working with children or vulnerable persons. Alternatively, we can assist with collecting the information and applying on your behalf via an account held in the name of your organisation with NZ Police.
We require all candidates who successfully secure employment with a client to complete a Ministry of Justice Criminal History Check as a minimum. 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 before the commencement of the recruitment.
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.
Psychometric Testing
At the client’s request, we can provide psychometric and competency testing of a candidate/s through the NZ-licensed Saville Assessment Provider – PeopleCentric. Details of cost 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 rely on psychometric and competency testing results.
Other Testing
We may also provide various 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.
Where we are required to arrange other testing, we will be entitled to charge and invoice the client for any reasonable costs and expenses incurred. We will also be entitled to add an administration fee of 10% to the total cost incurred.
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.
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 $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 will be liable for the travel fee that would have otherwise been incurred.
Air travel and accommodation costs will be mutually agreed on a case-by-case basis.
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 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, 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 (plus 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 will 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, or Set 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, will be paid by you including any reasonable solicitor’s fees and/or 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.
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.
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.
We will, 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 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 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.
Intellectual Property
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 of 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” will 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.
Indemnity and Wavier
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 any other Terms and Conditions advertised on our website, and any terms and conditions of engagement mutually agreed between us and you in writing, shall not be deemed a waiver of any of our rights or obligations under our agreement or your use of our Websites and information.
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 will, 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 will 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 will 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, will not be deemed to be a waiver of any of our rights or obligations under this Agreement.
E-Commerce and Direct Debit Limited Liability
We cannot warrant that the E-Commerce and Direct Debit Process, and/or your use of our E-Commerce and Direct Debit Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce and Direct Debit Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce and Direct Debit 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 because of your use of the Website or the E-Commerce Services or Direct Debit 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.
Dispute Resolution
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.
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 New Zealand and only target 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, do not use our website or its contents and images for information-gathering purposes. In listing your residence and delivery address in our online form(s), you represent that you are a resident of New Zealand. This is a representation on which we rely before accepting your offer to purchase our advertised goods and services.
Exclusion of Liability
While we make every effort to ensure the content of our website(s) provides accurate information, the website is provided on an ‘as is’ basis. The information provided is for general guidance only and does not constitute advice.
Our Websites have 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 concerning this website or its contents. In particular, we make no representation or warranties about the accuracy, completeness, or suitability of 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 and is expressly excluded to the fullest extent permitted by law.
Neither We nor anyone affiliated with Stapleton Consulting Limited (i.e. Directors, Shareholders or Employees) will be liable for loss of damages arising from 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, 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 limitations 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, you may use our website(s) only with the involvement of a parent or guardian.
Our Privacy Policy
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.
Use of Personal Information
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 will be treated under 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 will be treated under the Policy.
Using our E-Commerce Services means you agree to provide information electronically. 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.
By providing personal information to us, whether verbally or in writing by any means, you expressly acknowledge that you have read and understood this 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.
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 buy products or pay invoices using a credit card. When you use that facility, we collect information regarding your credit card to process your payment. Use of our e-commerce facilities is subject to additional terms and conditions outlined in our General Terms and Conditions of Engagement.
- become a client. When you become a client, irrespective of whether we are doing Work, we collect more detailed information from you to enable us to give you the advice you need.
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.
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 by providing us with your email address.
With your permission, we pass your email address and name to selected associates or service partners whom we consider to provide services or products you find helpful.
You may opt out of our promotion and marketing activities at any time by emailing us.
Our Website
Catherine Stapleton of Hamilton owns, hosts, and operates our website. Our trading name is Stapleton Consulting. Our website addresses are www.stapleton.consulting; www.stapletonconsulting.co.nz; www.stapletonconsult.com; www.jobs.stapleton.consulting; and www.stapletonconsultingjobs.co.nz
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.
