terms & conditions

TERMS OF BUSINESS

These Terms and Conditions of Business are deemed to be accepted by the client on commencement of the recruitment assignment or upon the engagement of an applicant on a permanent basis who is introduced by GXYSearch.

The fee payable by the client to GXYSearch for the introduction of a candidate who is offered and accepts employment with the client is calculated as a percentage of the candidates’ first year total remuneration package. The package is the combined dollar value of the base salary, plus any allowances, superannuation, advanced income or car allowance. Where a company vehicle is provided, there will be an agreed deemed value to the package when determining the placement fee.

Our fees (unless otherwise negotiated and confirmed prior to the commencement of the assignment) are:

Contingency
Should a client withdraw an assignment after acceptance and commencement of the recruitment exercise (for any other reason than GXYSearch not being able to source suitable candidates) 30% of the agreed fee will be payable for professional services rendered.

Retained fee for service
On acceptance of the brief, one third of the estimated remuneration package is payable. The second third is payable upon presentation and acceptance of the shortlist. The third and final payment is payable on successful appointment.

All rates which are quoted as a percentage do not include GST. GST of 10% will be added to the invoice.

Provided our fee invoice (plus GST) is paid within 14 days of issue, a three (3) or (6) month guarantee will apply, as per our fee schedule. Should the selected candidate leave your employ or be terminated within this period, you are entitled to one (1) replacement and we shall have a period of one (1) month in which to find a suitable candidate. If we cannot provide a suitable replacement, we will refund any fees received. Should the salary of the replacement candidate differ from the original candidate’s salary, the invoice will be adjusted accordingly.

This replacement guarantee is not applicable if the candidate is retrenched or made redundant.

Referral
If any temporary candidate referred by us is employed by you within a period of six months from the date of referral (or referred by you to any other employer and is subsequently hired) payment for such placement will be in accordance with our fee schedule.

Careful Selection and Condition
Your employment of a temporary or permanent applicant will constitute acceptance of our Terms of Business. We endeavour to provide accurate details of candidates for employment and match your requirements as closely as possible. However, the final hiring decision of any applicants is yours. Therefore no liability is accepted by either ourselves, our servants, or agents in respect of any loss, damage, cost or liability whatsoever caused which you may suffer or for which you may become liable arising out of or in connection with the introduction of any temporary or permanent applicant.

Expenses

• Advertising
If it is agreed between you and GXYSearch that advertising is required, the format will be agreed with you. You will pay all costs in connection with any advertising.

• Other Expenses
You agree to pay any other expenses in addition to those relating to advertising incurred by GXYSearch, in connection with the services provided to you ,including (but not limited to) travel, accommodation, communications and other incidental costs. You will be advised of any and these must be approved by you before such costs will be incurred.

Expenses will be invoiced to you as they are incurred. Any invoices for expenses are payable within 7 days of the date of the invoice.

Statements and Representations
GXYSearch is not liable for and will have no liability whatsoever in connection with any untrue statements or misrepresentations by any Candidate, which are passed on to you by GXYSearch staff. GXYSearch will endeavour to present accurate information regarding Candidates to you; however, GXYSearch will not accept any liability for the accuracy or completeness of any information provided by a Candidate or any third party. The final decision of whether or not to hire or employ any candidate is yours.

Liability
The decision whether to accept the services of a particular Candidate is entirely at your sole discretion. You are responsible and liable for all acts and omissions of a Candidate while that Candidate is filling a Permanent Role with you.

No liability is accepted by GXYSearch, our employees, contractors, servants or agents in respect of any loss, damage, costs or liability whatsoever which you may suffer or for which you may become liable arising out of or in connection with the introduction, hiring or employment of any Candidate by you or in connection with any services provided to you or work performed for you by any Candidate or from any delay or failure by GXYSearch to refer a Candidate to you. The provisions of this clause continue to bind the parties after these Terms and Conditions have ceased to apply.

Indemnity
You hereby indemnify and agree to keep indemnified GXYSearch against any loss, damage, cost, expense or liability incurred or suffered by GXYSearch (including, without limitation, any loss, damage, cost, expense or liability incurred or suffered by GXYSearch under the Health and Safety in Employment Act, the Employment Relations Act and the Human Rights Act) as a result of:

any act of omission by you in relation to any Candidate hired or employed by you (in a Permanent Role);
any act or omission of any Candidate hired or employed by you (in a Permanent Role,); or
any failure to comply with or any breach of these Terms and Conditions by you.

Confidentiality
GXYSearch will keep confidential all information directly provided by you which relates to your business and which you declare is confidential. All information in respect of a Candidate is confidential information imparted to you for the sole purpose of enabling you to determine whether the Candidate is suitable for employment by you. You are required to keep such information confidential and are not to use for any other purpose. Should a Candidate’s application be unsuccessful you agree to return or destroy all such information in accordance with Privacy Act requirements.

Interest Rate on Overdue Money
If you fail to make any payment of any nature to GXYSearch by the due date, interest at the rate of 2% per annum more than the rate from time to time fixed by the Penalty Interest Rates Act 1983 may be charged on the amount overdue from the due date for payment until payment is made in full of the amount unpaid and all the interest charged on that amount.

You shall pay all costs, fees and expenses incurred by GXYSearch (including solicitor/client costs and costs and fees charged to GXYSearch by any collection agency) in collecting any overdue payment from you.

No Set Off
You must make all payments due under these Terms and Conditions to GXYSearch without any set off, counterclaim or deduction whatsoever. No amount owing (whether present or future, actual or contingent) by you to GXY Search may be set off against any liability of GXYSearch (whether present, future, actual or contingent) to you.