Terms & Conditions

Terms and Conditions for Provision of Recruitment & Consultancy Services by First Attempt Skills Pvt. Ltd.

First Attempt Skills Pvt. Ltd. (“the company”) locates, selects and places candidates for either permanent/temporary employment or engagement as an independent contractor (“candidate”) to client businesses (“the client”) on the following terms and conditions:

  1. ACCEPTANCE
    1. These terms and conditions apply to all referrals of candidates made to a client by the company for either 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 any other consultancy services provided by the company to the client, unless any variation is recorded in writing and mutually agreed to by the parties.

  2. 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 client.
    2. Any implied terms, conditions or warranties are expressly excluded from this contract.


  3. FEES
    1. Where a candidate is introduced by the company to a client and that candidate is employed by either the client or an associated party of the client then the company’s standard fee as shown in the Fees and Guarantee section will be payable by the client.
    2. The client shall pay the company the applicable fee even if the candidate is employed by the client in a different capacity or on a different basis to what the candidate was originally introduced for.
    3. The introduction period will run for a period of (12) twelve months, with such period commencing from the initial referral of the candidate to the client by the company.
    4. If a candidate supplied by the company to a client is terminated (whether by dismissal or resignation) and within (12) twelve months of that original termination date is re-employed by the client or offered an alternative arrangement by the client or an associated party of the client, then the client will be charged a fee as per the Schedule of Fees. The fee will apply regardless of the position taken by the candidate.


  4. PAYMENTS
    1. The client will pay all charges and fees plus GST (if any) which have been invoiced to them by the company within (7) seven days from the commencement date of a candidate with a client.
    2. If a client does not make payment for a permanent placement seven days after the candidate has started their employment with the client, then the client will have null and voided the guarantee period.
    3. The client 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 client 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 client receiving the benefit of the company’s services.
    6. Any dispute or set off claim raised by a client does not entitle the client 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 client shall be added to the client’s invoice and be payable by the client upon demand.


  5. CONFIDENTIALITY 
    1. Any information supplied to a client by the company regarding a candidate is done so on a strictly confidential basis to enable the client to assess a candidate’s suitability for the position and except where authorized 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 client to the company will be held confidential by the company and will not be disclosed to any third party without the consent of the client.
    3. Any confidential information provided by a client 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 client.


  6. LIMITATION OF LIABILITY
    1. The company endeavors 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 client 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 client agrees to indemnify the company against any claim that may arise due to the actions or omissions of a candidate.
    4. The client acknowledges and agrees that they are solely responsible for the recruitment decision they make. It is important that the client is entirely satisfied with a candidate before engagement.
    5. If the company’s liability to a client 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.


  7. GOVERNING LAW
    1. These terms and conditions are governed by the law of New Zealand.


  8. ASSIGNMENT
    1. The client 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.


  9. ADVERTISING
    1. The company will be responsible for the cost of all standard set advertising as disclosed to a client 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 client’s 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 client.
    4. Any further specialised advertising fees incurred over and above the standard set advertising are payable by the client within seven days of the date of the company invoice for the provision of this service.


  10. 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 client.
    2. Fees for any psychometric testing undertaken on a candidate or candidates is payable by the client within (7) 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 client with respect to any candidate or candidates supplied by the company as such tests only give an indicative outline of a candidate’s abilities.

 

  1. 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, forklift assessments etc.
    2. Fees for any other testing required by a client are available upon request to the company.
    3. Fees for any other testing undertaken on a candidate are payable by the client within (7) seven days of the date of invoice.
    4. The Company accepts no liability or responsibility for reliance by the client on any other testing undertaken on a candidate.


  2. CANDIDATE FEES AND GUARANTEE PERIODS
      1. Permanent and Fixed Term Placements
        • The company fee is calculated as a percentage of the aggregate of salary, allowances and 50% of the “at risk” component (generally bonuses and/or commission), where applicable. Where a vehicle is provided as part of the salary package, $15,000 per annum is added to the base salary before calculation of fees.
        • Unless otherwise agreed in writing by the company, the fee calculation will be 15% plus GST on all placements less than $100,000 and 17% plus GST on all placements $100,000 and above.
        • For part time positions the fee is calculated on the pro-rated salary
        • Fixed term placements of six months or more in duration, are charged at the standard fee. Fixed term placements of less than six months duration are charged at 75% of the standard fee. If a fixed term appointment continues or is extended into a different role after six months, the remaining 25% of the fee is payable.
        • A minimum placement fee of $2,000.00 (ex GST) will apply for each permanent placement made with a client regardless of salary level for the position undertaken.
      2. Temporary and Contract Assignments
        • The provision of temporary contractors is under a separate Contract for Services which contains provisions that are relevant to that service. Please refer to that document for terms and conditions. Where a contractor is taken on directly either on a contract or permanent basis (e.g. is bought out) either in the same or a different role, the above permanent placement fees will apply.
      3. Payment Terms for Permanent and Fixed Term Placements
        • Payment for all permanent and fixed term placements successfully completed by the company for a client is due within (7) 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.
        • The client is also liable for any GST payable on the placement fee as indicated by the Tax Invoice.
      4. Guarantee period replacements
        • The company will provide a replacement free of charge if our permanent or fixed term candidate leaves, for any reason, within the first three (3) months of employment, subject to the following:
        • The fee payable for the original candidate was paid within (7) seven days of the original placed candidate’s commencement date with the client; and
        • The original candidate resigns; or
        • The company is notified in writing by the client that the original candidate is unsuitable due to unsatisfactory performance and such notification is received by the company prior to the expiration of the guarantee period; and
        • The client requires the replacement to undertake an identical job description to the original candidate;
        • The company is given a period of (6) six weeks on an exclusive basis to provide replacement candidates.
        • The fee paid by the client for the original candidate is non refundable despite the above replacement provisions.
        • If the client 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 client. The validity of the credit to be held for a (12) twelve 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 client by the company shall unless otherwise negotiated, be credited to the clients account and will remain valid for a (12) twelve month period.
        • If a replacement candidate’s gross annual remuneration is greater or less than the original candidate there will be no additional fee charged or credit applied to the client as a result.
        • 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 client.
      5. Nature of relationship between Client and Candidate:
        • The client acknowledges and agrees that any permanent candidate provided to them by the company becomes an employee of the client.
        • The client shall be responsible for complying with all employment related legislation including the provisions of the Employment Relations Act and the Health & Safety at Work Act 2015 and any amending or substituting Acts
        • If the company supplies the client with a contractor, then the client will be responsible for entry into an independent contractor agreement with that candidate and any contractual obligations or liabilities arising under that agreement.
      6. Payment terms for permanent placements
        • Payment for all permanent placements successfully completed by the Company for a client 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.
        • The client is also liable for any GST payable on the placement fee as indicated by the Tax Invoice.
      7. Guarantee period replacements
        • The Company will during the relevant guarantee period as disclosed to the client, replace an original candidate free of charge, subject to the following:
          • The fee payable for the original candidate was paid within seven days of the original candidates commencement date with the client; and
          • The original candidate resigns; or
          • The Company is notified in writing by the client 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 client requires the replacement to undertake an identical job description to the original candidate.
        • The fee paid by the client for the original candidate is non refundable despite the above replacement provisions.
        • If the client 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 client. 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 client by the Company shall unless otherwise negotiated be credited to the clients 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 client for any additional fee payable, however if the gross annual remuneration is less then the Company will credit the difference to the client’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 client.
      8. Nature of relationship between Client and Candidate:
        • The client acknowledges and agrees that any permanent candidate provided to them by the Company becomes an employee of the client.
        • The client 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).
        • If the Company supplies the client with a contractor then the client will be responsible for entry into an independent contractor agreement with that candidate and any contractual obligations or liabilities arising under that agreement.
      9. Travel Expenses
        1. Where a client requires a candidate and/or company representative to travel outside of Christchurch for an interview or assignment then the company shall be entitled to charge and invoice the client 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.
        2. The charge in clause 13.1 shall apply regardless of whether a candidate is placed successfully or not by the company.


ACCEPTANCE

By communicating via our website you have read, understand and agree to First Attempt Skills Pvt. Ltd. Terms and Conditions.