Terms and Conditions

Updated 2 June 2015

Terms and Conditions for provision of recruitment and other services by the Referral Network (2014) Limited.

The Referral Network (2014) Limited (“the company”) locates, selects and places candidates primarily for an introductory fee for either permanent/temporary employment or engagement as an independent contractor (“candidate”) to client businesses (“the partner”) on the following terms and conditions:

Acceptance
1. These terms and conditions apply to all referrals of candidates made to a partner by the Company for either temporary/permanent employment or contract engagements, subject only to any variation recorded in writing and mutually agreed to by the parties.
2. These terms and conditions also apply to training, mentoring services and other services provided by the Company to the partner, unless any variation is recorded in writing and mutually agreed to by the parties.
3. By communicating via our website you have read, understand and agree to The Referral Network’s (2014) Limited’s Terms and Conditions.
Additional terms
1. These terms and conditions (subject only to any written variation outlined under clause 1) compromise all of the terms, representations and warranties between the parties and take precedence over any prior discussions and/or agreements covering the services to be provided under this agreement by the company to the partner.
2. Any implied terms, conditions or warranties are expressly excluded from this contract.
Fees
1. Where a candidate is introduced by the Company to a partner and that candidate is employed by either the partner or an associated party of the partner then the company’s standard fee as shown in the fees and guarantee section will be payable by the partner.
2. Where a candidate is introduced by the Company to a partner and that candidate is employed by either the partner or an associated party of the partner then the company’s standard fee as shown in the fees and guarantee section will be payable by the candidate.
3. The partner shall pay the Company the applicable fee even if the candidate is employed by the partner in a different capacity or on a different basis to what the candidate was originally introduced for.
4. The introduction period will run for a period of 12 months, with such period commencing from the initial referral of the candidate to the partner by the Company.
Payments
1. The partner will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company within seven days from the commencement date of a candidate with a partner.
2. The candidate will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company within seven days from the commencement date of with our partner.
3. The partner will make payment for the provision of any Psychometric testing within seven days from the date of the invoice.
4. The company may at its discretion charge interest, calculated on a daily basis at 5% above its own bank’s base lending rate, if any payment is not made by a partner on a due date.
5. All charges and fees shown under this agreement are exclusive of GST. GST shall be calculated and shown in the Company’s invoice and must be paid by the partner receiving the benefit of the Company’s services.
6. Any dispute or set off claim raised by a partner does not entitle the partner to withhold payment of any money owed to the company.
7. Any costs incurred by the Company or its agents in recovering any debt owed by a partner shall be added to the partner’s invoice and be payable by the partner upon demand.
Confidentiality
1. Any information supplied to a partner by the company regarding a candidate is done so on a strictly confidential basis to enable the partner to assess a candidate’s suitability for the position and except where authorised or required by law shall not be disclosed to any third party without the express written consent of the Company.
2. All information disclosed by a partner to the company will be held confidential by the company and will not be disclosed to any third party without the consent of the partner.
3. Any confidential information provided by a partner to the Company may be accessed by any agent, employee or affiliate of the Company in order to complete a successful candidate placement for the partner.
Limitation of Liability
1. The company endeavours to obtain accurate details on all candidates including their qualifications and experience. The company is however reliant on the integrity of information supplied to it by potential candidates placed by the Company.
2. The company accepts no responsibility or liability to a partner or any associated party whether in contract, tort, statute or otherwise for any error, omission or loss (whether indirect, direct or consequential), costs or expenses (including legal costs) incurred as a result of a candidates acts or omissions.
3. The partner agrees to indemnify the Company against any claim that may arise due to the actions or omissions of a candidate.
4. The partner acknowledges and agrees that they are solely responsible for the recruitment decision they make. It is important that the partner is entirely satisfied with a candidate before engagement.
5. If the company’s liability to a partner cannot be excluded by operation of law then the company’s liability is limited (at its option) to either the resupply of the relevant services or the cost of the resupplying the relevant services.
Governing Law
1. These terms and conditions are governed by the law of New Zealand.
Assignment
1. The partner is not allowed to assign this agreement or the services to be provided to it by the company without the prior written consent of the company.
Assignment
1. The Company will be responsible for the cost of all standard set advertising as disclosed to a partner at the time of enquiry.
2. Any further advertising over and above the standard set advertising e.g. display advertising or advertising in specialised publications shall be at the partners sole expense, this includes and is not limited to any goods and services tax payable in connection with any further specialised advertising,
3. Rates for further specialised advertising over and above the standard set advertising can be obtained from the Company upon request by the partner.
4. Any further specialised advertising fees incurred over and above the standard set advertising are payable by the partner within seven days of the date of the Company invoice for the provision of this service.
Psychometric Testing
1. The Company is able to provide psychometric testing of a candidate or candidates through an approved testing Company at the request of the partner.
2. Fees for any psychometric testing undertaken on a candidate or candidates is payable by the partner within seven days of the date of invoice.
3. Details of cost and testing options are available upon request.
4. The Company will not be held liable for reliance on a psychometric test by a partner with respect to any candidate or candidates supplied by the Company as such tests only give an indicative outline of a candidates abilities.
Other Testing
1. The Company is also able to provide a variety of other testing options with respect to a candidate i.e. medical/drug testing, etc.
2. Fees for any other testing required by a partner are available upon request to the Company.
3. Fees for any other testing undertaken on a candidate are payable by the partner within seven days of the date of invoice.
4. The Company accepts no liability or responsibility for reliance by the partner on any other testing undertaken on a candidate.
Candidate Fees and Guarantee Periods

Standard contractor placements
1. The Company fee is calculated from the daily rates.
2. A minimum placement fee of $1,000.00 (ex GST) will apply for each contractor placement made with a partner regardless of the contractor rate level for the position undertaken.
3. In the case where the Referral Network (2014) Ltd undertakes to fill a role for the partner and during the recruitment process the partner decides to fill the role externally themselves or cancel the role, a minimum charge will apply of $1,000.00 to cover work already undertaken i.e.: advertising, networking, interviewing, and related correspondence with relevant parties.
Standard permanent placements
1. The Company fee is calculated as a percentage of the total gross annual remuneration (including any tangible benefits except medical or superannuation related benefits) paid to the successful candidate.
2. If the successful candidate obtains a Company motor vehicle as part of their package then this is deemed to have an ascribed value of $12,000.00 per annum and will be factored into that candidates gross annual remuneration.
3. A minimum placement fee of $2,000.00 (ex GST) will apply for each permanent placement made with a partner regardless of salary level for the position undertaken.
4. In the case where the Referral Network (2014) Ltd undertakes to fill a role for the partner and during the recruitment process the partner decides to fill the role internally, externally themselves or cancel the role, a minimum charge will apply of $2,000.00 to cover work already undertaken i.e.: advertising, networking, interviewing, and related correspondence with relevant parties.
Exclusive assignments
1. Guarantee periods for exclusive assignments are subject to negotiation between the Company and the partner.
Payment terms for permanent placements
1. Payment for all permanent placements successfully completed by the Company for a partner is due within seven days from the date of commencement by the candidate. Failure to make payment within seven days from the commencement date will null and void the guarantee period.
2. The partner is also liable for any GST payable on the placement fee as indicated by the Tax Invoice.
Guarantee period replacements
1. The Company will during the relevant guarantee period as disclosed to the partner, replace an original candidate free of charge, subject to the following:
  1. The fee payable for the original candidate was paid within seven days of the original candidates commencement date with the partner; and
  2. The original candidate resigns; or

The Company is notified in writing by the partner that the original candidate is unsuitable due to unsatisfactory performance and such notification is received by the Company prior to the expiration of the applicable guarantee period; and

The partner requires the replacement to undertake an identical job description to the original candidate.

The fee paid by the partner for the original candidate is non- refundable despite the above replacement provisions.
If the partner does not require a replacement candidate or if the Company is unable to locate a suitable replacement within a reasonable amount of time then the Company will provide a credit refund of 50% of the original fee on their account to the partner. The validity of the credit to be held for a 12 month period from the credit date. The Company shall be entitled to retain 50% of the original fee to cover expenses incurred with a minimum fee retainer of $2500.00.
Any credit given to the partner by the Company shall unless otherwise negotiated be credited to the partner’s account and will remain valid for a twelve (12) month period.
If a replacement candidate’s gross annual remuneration is greater than the original candidate then the Company will provide an invoice to the partner for any additional fee payable, however if the gross annual remuneration is less then the Company will credit the difference to the partner’s account as applicable.
The terms of the above agreement are strictly limited to the provision of a single replacement candidate for any original candidate placed by the Company with a partner.

Nature of relationship between Partner and Candidate:
1. The partner acknowledges and agrees that any permanent candidate provided to them by the Company becomes an employee of the partner.
2. The partner shall be responsible for complying with all employment related legislation including the provisions of the Employment Relations Act and the Health and Safety in Employment Act (including any amendments to those enactments).
3. If the Company supplies the partner with a contractor then the partner will be responsible for entry into an independent contractor agreement with that candidate and any contractual obligations or liabilities arising under that agreement.
Contract & Project Positions
1. Fee and guarantee periods for either contract or special project personnel are subject to negotiation between the Company and partner.
2. Any agreement regarding the placement of a candidate for contract or project position must be recorded in writing between the parties to be binding.
Travel Expenses

Where a partner requires a candidate and/or company representative to travel outside of Wellington for an interview or assignment then the company shall be entitled to charge and invoice the partner for any reason able costs and expenses incurred. The Company shall also be entitled to add an administration fee of 10% of the total cost incurred.
The charge in clause 13.1 shall apply regardless of whether a candidate is placed successfully or not by the company.