TERMS & CONDITIONS FOR THE RECRUITMENT OF PERMANENT AS WELL FIXED TERM EMPLOYEES & INDEPENDENT CONTRACTORS
AgriPeople Solutions Limited ("AgriPeople”) locates, selects and refers people for permanent or fixed term employment, or engagement as an independent contractor (“Candidate or Candidates”) to Client organisations (“the Client”).
- On each occasion it is requested to do so by a client, AgriPeople intends to work with the client to:
- Establish the purpose of the particular role and where it is positioned in the structure of the clients business using AgriPeople’s Employment Analysis.
- Create an advertisement based on the information collected from the Employment Analysis.
- Advertise the role (when necessary) on the AgriPeople website and social media sites as well as Farm Source or other industry applicable sites.
- Further advertising can be undertaken at an additional cost.
- Manage the application process for all candidates.
- Select suitable candidates and reference check them.
- Present the client with the most suitable applicants.
- Advise unsuccessful applicants within one week of the clients’ decision. AgriPeople may (if requested) negotiate the job offer on behalf of the client and provide an appropriate Employment Agreement, Job Description and other necessary forms (at an additional charge – refer Premium Package options).
1.1 These Terms and Conditions apply to all referrals of candidates for permanent or fixed term employment, or engagement as an independent contractor and will apply to every transaction between the client and AgriPeople, subject to any variation recorded in writing and agreed to by the parties.
1.2 AgriPeople reserves the right to review and change these Terms and Conditions at any time provided that any new contract shall only apply to further recruitment work carried out following acceptance by the client of the new Terms and Conditions.
2. ADDITIONAL AND IMPLIED TERMS
2.1 These Terms and Conditions, subject to any addition or variation as provided under clause 1, comprise all of the Terms, representations and warranties between the parties and supersede all prior discussions and agreements covering the subject matter of this agreement.
2.2 All implied Terms, Conditions or warranties are excluded from this contract to the fullest extent permitted by the law.
2.3 All representations, warranties or commitments made by AgriPeople’s agent or representative must be first authorised in writing by a manager or person of authority in AgriPeople. AgriPeople shall not be bound by any unauthorised statement.
3.1 Upon engagement of any AgriPeople recruitment service the client agrees to pay an Engagement Fee of $500 + GST. This covers any and all work undertaken by AgriPeople prior to the placement of a candidate.
3.2 The client will pay a fee calculated in accordance with clause 3.1 and 3.3, if a candidate referred to, or interviewed by, the client for any position by AgriPeople, is employed as an employee or engaged as an independent contractor by the client.
3.3 The fee payable by the client for the introduction of a candidate who subsequently accepts employment is set out below. Total remuneration means the package to be received during or over the first twelve months of employment or engagement.
a) Positions paying upto $50,000 per annum total remuneration $2,000.00 + GST
b) Positions paying between $50,001 and $80,000 per annum $3,000.00 + GST
c) Positions paying over $80,001 per annum $4,000.00 + GST
Candidate Listing Appointments
a) Where clients select and successfully appoint an employee from the Candidate Listings Page, the employer will be charged a placement fee only, with no recruitment engagement fee payable. Clients can expect an informal Employment Analysis to be carried out prior to the placement; this is to ensure a lasting relationship will be created as the eight (8) week guarantee will apply.
3.4 AgriPeople reserves the right to submit a nominal fee, (after client consultation) for costs incurred on the client’s behalf should a job order be withdrawn or the scope of the Job Description change to the extent that the candidates referred to the client no longer match the requirements of the revised position. Without limiting AgriPeople to this sum, the nominal fee shall generally be 50% of the applicable fee referred to above.
3.5 Where the client authorises AgriPeople to provide services on a “client-paid
basis” including, without limitation, advertising, psychometric assessments, HR consultancy services and the like, there shall be additional
fees to those set out in clause 3.1 above. AgriPeople and the client will agree on the fee to be paid for these additional services before
they are provided in accordance with the applicable AgriPeople Pricing Schedule – some options below;
a) Premium Package
The AgriPeople premium package offers employment services that complement the recruitment process, to Clients at a discounted rate of $1000 + GST. Included in the premium package is; Employment Agreements, Job Description Creation, 3 Hours HR Consultancy.
b) Consultancy Subscription
Many AgriPeople clients require ongoing advice and support around managing employment relationships. AgriPeople offers this service on a per hour consultancy rate however we also have an annual subscription that gives Clients the ability to gain over the phone Employment advice and legislative Information as well as request tailored employment forms and letters. The per annum cost per farm is $650 + GST.
4.1 The client will pay all charges (plus GST) which are invoiced by AgriPeople by the 20 th of the month the invoice is received. AgriPeople may charge interest calculated on a daily basis if payment is not made by due date.
4.2 A claim or dispute raised by the client does not entitle the client to set-off against, or withhold payment of any money owed to AgriPeople.
4.3 The cost of recovering any debt owed to AgriPeople by the client shall be met by the client.
4.4 For the avoidance of doubt, any payments to be made under this Agreement are exclusive of GST (if any) and any GST must be added and paid by the person to whom the goods or services are provided.
5. REPLACEMENT GUARANTEE
5.1 AgriPeople offers a replacement guarantee period of eight (8) weeks from commencement of the successful candidate’s employment. If for any reason (other than redundancy/restructure or any change in the original Job Specification provided to AgriPeople at the time of the appointment) the employee should resign or be terminated within the guarantee period, AgriPeople undertakes to provide a replacement candidate. If AgriPeople is unable to find a replacement within a period of six (6) weeks, a 50% credit will be issued by AgriPeople, to the client’s account, to offset against further fees (if any) which may become payable by the client to AgriPeople.
5.2 The guarantee applies only where all money owing under these Terms and Conditions is settled. Accounts not settled remain due and payable but the replacement guarantee does not apply.
6. TESTING, REFERENCE CHECKING AND SUITABILITY
6.1 AgriPeople will test and reference check candidates when AgriPeople considers it appropriate and practicable to do so.
6.2 AgriPeople will use its best endeavors to make known to the client the candidate’s employment records, qualifications and remuneration requirements as accurately and objectively as possible. AgriPeople will not be liable for any untrue statements or misrepresentations made by the candidate.
6.3 Except where AgriPeople is precluded by the candidate or by law, AgriPeople will not withhold any information about a candidate which might adversely affect the client.
7.1 The client has absolute discretion as to the employment or engagement of a candidate; and once a candidate is employed:
(a) is responsible for all acts and omissions of the candidate; and
(b) is responsible for all remuneration or fees payable to the candidate; and
(c) is responsible for all employer obligations arising under all employment legislation.
7.2 AgriPeople will not be liable for any loss, damage or expense suffered by the client resulting from the acts or omissions of a candidate or from any delay or failure by AgriPeople to refer a candidate to the client.
8. NATURE OF RELATIONSHIP BETWEEN CLIENT AND CANDIDATE
8.1 The parties acknowledge that if a candidate is employed or engaged by the client, the client becomes the employer of the candidate and will be responsible for complying with all legislation (including but not limited to the Employment Relations Act 2000, the Holidays Act 2003 and the Health and Safety in Employment Act 1992) relating to employers, employees and contractors.
8.2 The client further acknowledges that it is the client’s responsibility to monitor the expiry of any trial period, any fixed term engagement, any performance review obligations, any notice periods, and any other time – related obligations that may arise within any employment relationship that arises under this contract.
8.3 If the client enters directly into an independent contract agreement with the candidate, the client will be responsible for any contractual obligations or liabilities arising under that agreement.
9. NEGOTIATION OF INDIVIDUAL EMPLOYMENT AGREEMENTS FOR EMPLOYED STAFF
The client’s offer of employment to a candidate must set out in writing the Terms and Conditions of employment as set out in section 65 and 66 (whichever is applicable) of the Employment Relations Act 2000. The client must also ensure that the provision of the written offer is given within reasonable time so that the candidate has the opportunity to seek independent advice prior to signing the Employment Agreement.
10. SUBSEQUENT PLACEMENTS
10.1 The client (including any subsidiary or associated entity of the client) may wish to work directly with an employee who has worked with the client via an arrangement with AgriPeople. AgriPeople’s business depends on preserving its Rural Industry network on which it has expended considerable resources to develop and maintain. Therefore as consideration for AgriPeople’s efforts in locating and referring fixed term staff to the client ,the client agrees to pay AgriPeople a recruitment fee of $500.00 plus GST for any fixed term employee who accepts a casual, further fixed term, or permanent position, or engagement as an independent contractor, with the client either directly, or indirectly through another agency, within six months of the expiry of the fixed term employment including any renewal/s of that original employment.
10.2 Payment will be due from the client on the date the fixed term employee starts work for the client (or any subsidiary or associated entity of the client).
11.1 AgriPeople will keep confidential all information imparted to AgriPeople by the client which relates to the business of the client and which the client declares to be confidential.
11.2 All information in respect of any candidates is confidential information imparted to the client for the sole purpose of enabling the client to determine whether the candidate is suitable for employment. The client will keep such information confidential and will not use it for any other purpose. Without limiting the foregoing, the client shall not divulge the name or any identifying information about any candidate to any other person or organization whatsoever.
12. GOVERNING LAW
12.1 These Terms and Conditions are governed by New Zealand law.
12.2 These Terms and Conditions are binding on, and for the benefit of, the successors of the client and the successors and assigns of AgriPeople.
12.3 The client may not assign this agreement without the prior written consent of AgriPeople.