Contents:
1. Definitions
2. Contract
3. Candidate search services
4. Payment & Fees
5. Search Service Guarantee
6. Cancellations & Interruptions
7. GST
8. Liability
9. Viruses
10. Confidential Information & Privacy
11. Warranties
12. Marketing
13. Third-Party Rights
14. Dispute Resolution
15. Equal Opportunity & Diversity
16. Governing Law
1. Definitions
These words and phrases have these meanings in these Terms of Service;
1) assess HR – Means assess HR Limited, Company number 8839290
2) Client – Any person, company or firm that agrees to use the assess HR Service.
3) Recruitment Listing – A role within the Client’s business being recruited for by assess HR.
4) Application – The submission of a Candidate to the Client.
5) Candidate – A person who applies for an assess HR listing on any job board site, assess HR site or other online site or through any electronic communication.
6) Candidate Search – Professional Service provided by assess HR to assist Clients with their hiring
7) CV – The curriculum vitae or brief of a Candidate’s education, training, skills and experience that is provided to assess HR by a Candidate for distribution to Clients with a view to securing employment.
8) Fees – The per hire fees and charges payable by the Client as specified in these Terms.
9) Recruitment Process – A guide recommending how best to achieve results from the service.
10) Vacancy Information – means but is not limited to any communication regarding the job vacancy the Client requires assess HR to recruit for.
11) Candidate Information – means but is not limited to any communication regarding the Candidate, voice or video recording or a referee or any other information.
12) Candidate Search Service – all fees paid before commencement of recruitment and after successful placement of candidate with the client.
2. Contract
These terms relate to the online recruitment service (“the Service”) provided by assess HR. assess HR is acting as a recruitment agency.
These Terms constitute the contract between assess HR and the Client. These terms can be accepted by you in writing or by you making payment, requesting an invoice, accepting a quote, providing vacancy information, interviewing assess HR Terms of Service and/or employing an applicant introduced by assess HR or providing verbal confirmation to proceed with the service.
These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of assess HR, these terms prevail over any previous terms.
No variation or alteration to these Terms will be valid unless the details of such variation are agreed between assess HR (Director of assess HR) and the Client and are set out in writing and stating the date on or after such varied terms shall apply.
3. Candidate Search Service
PERMANENT CONTRACT
If you contact us in regard to, or send vacancy information for our Candidate Search Service we will contact you to discuss your listing. Once we have taken payment we will begin the Candidate search process. Unless agreed otherwise, this service includes but is not limited to the following steps;
1. Create a role in the assess HR applicant tracking system.
2. Create and place the employer advertisement and screening questions in on major job boards and other forms of advertising according to the clients requirements.
3. Screen and shortlist candidates from all sources, including assess HR candidates, Job Boards and from any other source utilized to generate applicant responses.
4. Provide video interview and/or personality assessment results for shortlisted candidates.
In order that we can deliver our service to you, assess HR can place your Listing on any website or on any other media controlled by us or by any third party with whom we have, or enter into, an agreement for the provision of services for the purpose of filling the Listing. Response rates may vary according to the type of role, region and employment market conditions.
TEMPORARY & CONTRACTOR PLACEMENT.
assess HR can provide a Temporary or Contractor as required by the Client to provide services in accordance with these Terms of Business and the job specifications given by the Client for a particular Assignment. A minimum booking time of eight (8) hours applies. If the need arises, assess HR may substitute one Temporary or Contractor for another. The Client has direct supervision and management of the Temporary and Contractor. The client holds the employment contract agreement with the Temporary or Contractor and pays the Temporary or Contractor Directly. The Client agrees to provide the weekly hours worked summary to assess HR, in order for assess HR to invoice the client for the Contractor or Temporary Fee (4.1). The Client directly controls the conditions under which the assignment is performed, and the outcome of the work of the Temporary or Contractor. The Client agrees to indemnify and hold harmless assess HR as a consequence of any claim made by a Temporary or Contractor.
The Client may immediately terminate an Assignment by giving verbal notice to assess HR.
Replacement Guarantee for Temporary or Contractor.
assess HR undertakes to replace a Temporary or Contractor at any time where a Client is not satisfied with the Temporary or Contractor. assess HR will endeavour to find a replacement Temporary or Contractor without charging the Fee for the first 8 hours of the first Temporary or Contractor. The replacement guarantee only applies if the Client has no amounts outstanding to assess HR.
If a Client makes an offer of Permanent employment within three months of starting a contract to the Temporary or Contractor who is performing an assignment for the Client which the Temporary or Contractor accepts, the Client must pay to assess HR the hourly value of the shortfall between the scheduled rate and the hours outstanding from the original agreed contract period.
Your Vacancy Information must be legal, accurate, truthful and not infringe the rights of any third party. Any Listing in breach of the Human Rights Act 1993 or Employment Relations Act 2000 may be declined.
4. Payment
Payment terms will be 20th of the month following invoice date. Payment is accepted by credit card (1.75% Transaction Fee applies) or Electronic Funds Transfer.
An invoice will be submitted for the placement fee when a position is advertised, the success fee will be invoiced when the applicant has signed a employment contract. The client is obliged to inform assess HR within 24 hours of a candidate hire to ensure the advertising for the position is removed and unsuccessful candidates are notified.
assess HR reserves the right to charge penalty interest at 2% above its bank rate if payment is not made within seven days of invoice date.
4.1 Fees*
Recruitment Fees
Refer to your account manager
Candidate Assessments
Refer to your account manager
Consulting
POA
Outsourcing/Temporary/Contractor
Refer to your account manager
Volume Pricing (based on annual sales)
Refer to your account manager
5. Search Service Guarantee
If the successful Candidate ceases employment with the client within three months of commencement of employment (“Guarantee Period”) assess HR will offer a free 4 week search or $500 credit on the client account.
The search service guarantee applies if;
a) all fees, charges and expenses owing by the Client in respect of the placement of the original Candidate have been paid in full in accordance with the payment terms set forth in these Terms of Business, and the Client has no other amounts outstanding to assess HR.
b) the request to replace the Candidate is given exclusively to assessHR.
If the Candidate’s employment ceases for reasons beyond assessHR’s control such as redundancy, restructuring, economic circumstances, company closure, change of management or substantial change from the original job description.
6. Cancellations and interruptions
You have the right to withdraw the Listing for any reason at any time.
If you withdraw a listing within the first two weeks of the start of the hiring process assess HR will credit 50% of the applicable recruitment fee.
You acknowledge that assess HR’s systems and/or supplier services may be offline as due to factors beyond the control of assess HR and you acknowledge that assess HR will not be held liable for any failure or inability to provide continuous, errorfree, uninterrupted services under these circumstances.
7. GST
All fees are quoted exclusive of GST. You will pay GST to us at the same time and in the same manner as the payment of the supply to which the GST relates and
8. Liability
Our liability to you for breach of contract or negligence shall not exceed an amount equal to twice our fees for a specific listing placed by you with assess HR. In no event will we be liable for any special, indirect, or consequential loss whatsoever or any loss of profit regardless of whether such losses are foreseeable and whether or not caused by our negligence arising out of or in connection with the use of the Service.
assess HR makes every effort to screen candidates and to provide accurate details of their qualifications and experience. However, as these details are based on information provided to assess HR by the Candidate, their referees, and other third party organizations. assess HR is not liable for any errors, omissions, inaccuracies or incorrect conclusions. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate. assess HR is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from:
a) the introduction by assess HR of Candidates (or delay in any such introduction); or
b) the failure of a Candidate to accept an offer of employment or Contract Assignment.
c) failure by the Candidates nominated referees to provide a truthful and accurate verbal or written reference.
The Client indemnifies assess HR in respect of all losses, liabilities, costs or claims arising from or related to:
a) the actions or omissions of a Candidate, performing an assignment for the Client, whether willful or negligent and whether or not occurring at the Client’s premises or the place where the assignment is performed;
b) any failure or alleged failure of a Candidate, to duly perform his or her obligations;
c) personal injury or death of a Candidate, or any other person howsoever arising from, or related to the performance by a Candidate of his or her obligations; and
d) damage to any property arising from, or related to the performance by a Candidate, of his or her obligations.
e) The Client agrees that it will be responsible for ensuring that all formal offers of employment to Candidates are done so in accordance with the Employment Relations Act 2000.
The Client further indemnifies assess HR in respect of all claims related to the Candidates assignment with the Client, including but not limited to termination of the assignment by the Client.
9. Viruses
assess HR will take reasonable care not to transmit viruses or malware to you but it is your responsibility to protect your systems against viruses or malware. Accordingly, you agree that assess HR will not be liable to you for any damage resulting from the transmission from us to your computer systems of viruses, or malware.
10. Confidential and Private Information
You agree to treat all information which comes to your knowledge or into your possession in connection with these terms and any order as strictly private and confidential and not to divulge that information to any third party, other than to your consultants, advisers or employees who have a need to know, or as required by law and to otherwise comply with the NZ Privacy Act 2020 at all times.
Assess HR agrees to treat all information which comes to their knowledge or into their possession in connection with these terms as strictly private and confidential and will not to divulge that information to any third party, other than to their client, advisers or employees who have a need to know, or as required by law and to otherwise comply with the NZ Privacy Act 2020 at all times.
11. Warranties
Other than the guarantee given in clause 5, all express or implied or other representations or warranties in relation to the Candidates are expressly excluded to the maximum extent permitted by law.
12. Marketing
By using the assess HR service you agree to your company name, representative details, vacancy information or trademarks owned by your company being used in the delivery of the assess HR service in marketing and advertising material relating to your Recruitment Listing.
13. Third-Party Rights
A person who is not a party to this contract shall not have any rights under or in connection with it.
14. Dispute Resolution
If a dispute arises out of or relates to these Terms or any Candidate, the parties will endeavor to resolve the dispute by good faith negotiations between the parties. If the parties are unable to resolve the dispute during negotiations, either party may refer the dispute to mediation by written notice. A MBIE certified mediator will be appointed by agreement between the parties within five working days of that notice or failing agreement by the president of the New Zealand Law Society or their nominee. The parties will share the costs of the mediator equally.
15. Equal Opportunities & Diversity
assess HR observes all laws and regulations relating to equal opportunity employment. assess HR is committed to diversity and will promote diversity for all Clients and Candidates. assess HR will not accept instructions from Clients that indicate an intention to discriminate unlawfully.
16. Governing Law
Our relationship with you is governed by New Zealand law and the courts of New Zealand have exclusive jurisdiction.
