TERMS AND CONDITIONS
1. Defined Terms
In these Terms:
Associated Person means the Company, its subsidiaries and associates, any related body corporate of the Company and its subsidiaries and any other person or entity with which the Company may deal or be concerned.
Company means razzbri Digital Recruitment
Candidate means the person hired by a Subscriber who has been offered work online through the Website and who is introduced by the Subscriber.
Employment means a request by a Subscriber to engage a Candidate for work on a contract, project or employed in any way.
Confidential Information means all information regarding the current or future business interests, methodology or affairs of any Associated Person which:
- the Candidates may be given in relation to or during the course of the performance of the Services;
- may come into the Candidate's knowledge in relation to or during the course of the performance of the Services and which the Candidates is told is, or which from its nature and content is or would reasonably be expected to be, confidential.
Intellectual Property means all rights and interests in and to inventions, patents, designs, copyright, moral rights, database rights, know-how, trademarks, business names, trade names, service marks, trade dress and livery, domain names, layout designs, software (including, without limitation, in source and object codes) and any similar rights in any part of the world, including any registration of such rights and applications for such registrations.
Personal Information means information about the Candidates/Subscriber obtained disclosed by the Candidates/Subscriber to the Company during use of the Website and may include personal information, employment history or hiring practises.
Services means the services to be performed by the Company as described in clause 3 provided to Candidates and Subscribers respectively.
Subscriber means an authorised user of the Website who has access to the Candidates profiles on the Website.
Subscription Price means the price (in New Zealand dollars) agreed upon by the parties for the provision of Services by the Company to the Subscriber.
Terms means these Terms and Conditions.
Website means the website found at www.razzbri-interns.co.nz which is owned and operated by the Company and used by Candidates and Subscribers.
Working Day means a day on which businesses and banks in Wellington generally are open for business, but does not include Saturdays, Sundays or statutory holidays.
2.1 You agree to be bound by these Terms and all terms, policies, guidelines and disclosures incorporated by reference into these Terms in relation to your access to, and use of, the Website.
2.2 If there is any conflict or inconsistency between these Terms and the terms of any specific written agreement between the parties the specific written agreement shall prevail.
2.3 You agree and warrant that you are not a recruitment agency.
2.4 If you are an organisation, you warrant that you have authority to bind that organisation and that the organisation will be bound by these Terms, and the term "You" used in these Terms shall refer to you and your organisation. If you are an organisation your terms of trade or conditions will not apply.
2.5 The Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Website, at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes. If you do not agree to the amended terms, you must stop using the Website.
3. Obligations of the Company
3.1 The Company will maintain the Website and provide access to the Website.
3.2 If you are a Candidate the Company will provide access to your profile to Subscribers, ensure that your profile is available only to Subscribers, and that your profile on the Website will indicate "placed" when you have indicated your unavailability.
3.3 If you are a Subscriber, the Company will provide you with access to Subscriber's profiles and will engage with Candidates prior to the Candidates being profiled on the Website. The engagement process will include, but is not limited to, the Company speaking with the Candidates, contacting Candidates referees. Based on its professional discretion the Company will determine whether or not the Candidates will be profiled on the Website.
4. Candidates Obligations/Acknowledgments
If you are Candidate you agree that:
(a) the Company may speak with you and contact any referees you identify prior to profiling you on the Website. Based on its professional discretion the Company will determine (in its sole and absolute discretion) whether or not you will be profiled on the Website;
(b) the Company is under no obligation to engage with you or profile you on the Website if you do not meet its criteria;
(c) you will keep your Candidates Information up to date at all times and ensure that the Candidates Information in your profile is true and fair information about you, including, but not limited to, all statements about your skills and experience;
(d) the Company provides the Services to assist you with the promotion and facilitation of your skills only, and the Company is not a party to any contract or arrangement between you and a Subscriber;
(e) you authorise the Company and its agents and Associated Parties to request information from third parties about you;
(f) all costs and fees associated with the use of the Website such as data use fees are your responsibility;
(g) you will not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Company;
(h) you are responsible for providing Subscriber's with relevant payment details for you;
(i) your profile may not be available to all Subscribers to the Company's Website, depending on the requirements submitted by the Subscriber, which may be limited by matters including (but not limited to) location or field of expertise;
(j) the Company does not guarantee your profile will not receive any minimum number of views by Subscribers, that you will receive any offers of contracts from Subscribers or the suitability of any offers of contracts from Subscribers that you do receive including, but not limited to, subject matter, work conditions, remuneration and timelines;
(k) you own any pre-existing Intellectual Property that may be included on the Website and you grant an irrevocable, non-exclusive licence, to the Company to use that Intellectual Property; and
5. Subscriber Obligations/Acknowledgments
If you are a Subscriber you agree that:
(a) you will pay the Candidates directly for his or her services and the amount payable to the Candidates will be the rate agreed at the time of confirming the Contract Work.
(b) if you cancel any Contract Work within 24 hours before the Contract Work was due to commence you must pay the Candidates a minimum of 8 hours at the hourly rate agreed as per clause 5.1.
(c) you will satisfy yourself that Candidates are sufficiently qualified and skilled for the Contract Work to be offered and you acknowledge that you are the sole decision maker in regards to hiring Candidate for Contract Work or a permanent position and you have not relied upon anything represented to you by the Company.
(d) you accept Candidates at your own risk and release the Company from and indemnify it against any claim or liability for loss or damage arising in any way out of or connected with Candidates or the Services provided by the Company; and
(e) you will supervise contracted Candidates, and accept responsibility for all acts or errors by the contracted Candidates, be they wilful or otherwise. You agree to provide adequate insurance (public liability and professional indemnity) cover for the contract Candidates.
6. Payment Terms
6.1 Use of the Website by Candidates is free of charge.
6.2 Use of this Website by Subscribers is subject to the payment terms set out in clause 6.3.
6.3 (a) You will pay an agreed recurring fee to source skilled interns on the product.
(b) Payment of the Subscription Price may be made in either of the following ways:
(i) if you opt for a yearly subscription, in one lump sum upon registration with the Website;
(ii) if you opt for a monthly subscription:
- you will set up an automatic payment for the Company to receive the Subscription Price by the 20th of each month; or
B the Company will directly debit the Subscription Price from the credit card that you provided at the time you registered with the Website.
(c) The Company will provide you with receipts for any payments made to the Company.
(d) You must pay Goods and Services Tax (GST) on services provided at the prevailing rate.
(e) For all invoices not paid by the 20th of the month you will be charged a late payment fee of 12% per annum based on a percentage of the total bill owing.
(f) If payment is overdue the Company may, in addition to its other remedies, cancel or suspend your access and use of the Website until you have paid or discharged all sums owing to the Company.
(g) The Company may at its discretion apply any payments it receives from you towards the satisfaction of any indebtedness of you and it shall not be bound by any terms or qualifications that you may make in relation to payments made under this or any other contract with the Company.
(h) If the Company is required to take further action against you for failure to pay its invoices, the Company may, at its discretion, seek to recover any costs incurred through debt recovery charges.
(i) The Company reserves the right to increase the Subscription Price. Written notice of any changes to the Subscription Price will be provided to you 20 working days before they take effect.
7. Contract to Permanent Placements:
7.1 If a Subscriber recruits Candidates for Contract Work using the Website and subsequently offers the Candidates a permanent position with the Subscriber, both the Subscriber and Candidates must inform the Company immediately. Failure to do this may be considered a breach of the Terms and may result in the Company cancelling your subscription or taking further action to recover monies owing.
7.2 If the Subscriber offers the Candidates a permanent position the Subscriber must pay the Company a fee of 10% of total remuneration package accepted by the Candidates ("Introduction Fee").
7.3 The Company will invoice the Subscriber for the Introduction Fee on the start date of the Candidates permanent employment. The Introduction Fee must be paid within 20 working days.
7.4 If the permanent employment does not occur the Subscriber will not be entitled to a refund on the Introduction Fee, except to the extent that clause 7.5 applies.
7.5 If Candidates leaves the permanent position for which the Introduction Fee was paid within three months of the permanent position commencing, the Subscriber will not be eligible for a refund.
7.6 If a permanent contract is offered to a Candidate where the Candidate is already acquainted with the Subscriber or the Subscriber is able to provide evidence to show that the relationship existed before using the Website, the Subscriber is not liable to pay an Introduction Fee.
8. Confidential Information and Intellectual Property
8.1 You acknowledge the strict confidentiality and proprietary nature of all Confidential Information that you may obtain in the course of the Company providing the Services, and that no right, entitlement or interest in the Confidential Information is extended or conveyed to you.
8.2 You shall not at any time disclose, divulge, communicate, publish or make available in any way to any person any Confidential Information and shall not at any time for your own benefit or the benefit of any other person directly or indirectly take advantage of, use or in any way exploit the Confidential Information.
8.3 The Company's Intellectual Property is, and shall remain, the property of the Company.
8.4 Any disclosure of Confidential Information may be considered a breach of these terms and your subscription may be cancelled.
8.6 The obligations of confidentiality imposed upon you shall continue notwithstanding that these Terms may in all other respects have terminated.
9. Engagement Process
9.1 You acknowledge that the Company is a recruitment agency using a tailored platform (software) to connect Candidates with Subscribers.
9.2 The parties agree that these Terms are non-exclusive and you can continue to engage the services of other recruitment agencies.
9.3 Notwithstanding clauses 9.1 and 9.2, where a Candidate/Subscriber is known to you, you agree that you will not contact the Subscriber/Candidates personally but will use the Website as the means to obtain Contract Work from the Subscriber/engage the Candidates for Contract Work.
10.1 The Website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied and the Company does not represent or warrant that the Website or the servers are free of viruses or other harmful components or hacking or malicious other uses.
10.2 The Company disclaims all warranties, express or implied, including, without limitation, the suitability of a Candidate for Contract Work and the suitability of the Website.
10.3 The Company does not represent or warrant that information available in or on the Website is accurate, complete, reliable, current or error-free.
11. General Limitation of Liability
In no event shall the Company or any of its employees, agents, Candidate, service providers or consultants, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, profits or data, whether in an action in contract, tort, equity or otherwise which arises out of or in relation or connection to any use of the Website, the content of information accessed through the Website, including without limitation any damages, loss or injury caused by or resulting from reliance by you on any information obtained from the Company or the Website from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation of files or email, errors, defects, viruses, delays in operation or transmission, any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to the Company's records and programs.
You agree to defend, indemnify and hold harmless the Company, its, independent Candidates, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to any content you post, store or otherwise transmit on or through the Website or your use of or inability to use Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of these Terms or your violation of the rights of any third party.
13.1 The Company may terminate this relationship immediately by notice in writing if:
(a) you commit or allows to be committed any breach any of these Terms and fail to remedy the breach to the satisfaction of the Company, acting reasonably, within fourteen (14) days of receipt of notice in writing from the Company requiring the breach to be remedied; or
(b) you are a Candidate, if the Company receives a complaint about you from a Subscriber. The Company is not obliged to investigate the complaint or consult with you prior to exercising its right to terminate.
13.2 If you are a Candidate you may terminate the relationship with the Company at any time with immediate effect by giving written notice to the Company.
13.3 If you are a Subscriber you may cancel the agreement at any time by giving one months' written notice to the Company. All sums owing by you to the Company shall become immediately due and payable upon termination. If you cancel the agreement prior to the expiry of a subscription, you will not be entitled a refund on any payments made to the Company.
13.4 Termination of this relationship shall be without prejudice to the rights and obligations of the parties prior to termination. Termination shall also be without prejudice to any of these Terms which are expressed to survive termination.
14.1 If you are Candidate you shall not assign your rights under these Terms.
14.2 If you are a Subscriber you may not assign your rights under these Terms without the without the prior written consent of the Company. Such consent is not to be unreasonably withheld.
14.3 The Company may assign its rights under these Terms by providing written notice of such assignment to you.
The parties agree that this is an arms-length provision of services and that you are not an employee or agent of the Company. The parties acknowledge that you are not integrated into the Company's business and the Company exerts no control over you. You shall be responsible for your own liabilities and expenses of whatever nature relating to you and your employees or agents (if any).
You are solely responsible for the payment of all levies, premiums, duties, assessments, taxes or other payments levied upon you, or your employees or agents (if any), as required under any New Zealand legislation or regulations. You indemnify the Company from all taxes, levies and other expenses, and for any action taken against the Company that results from any act or omission by you.
17. Consumer Guarantees Act 1993
You acknowledge that you are acquiring, the use of the Website for business purposes, accordingly the Consumer Guarantees Act 1993 does not apply.
18. Remedies And Waivers
No waiver of any breach of these Terms shall be deemed to be a waiver of any other or any subsequent breach. The failure of any party to enforce any provision of the Agreement at any time shall not be interpreted as a waiver of the provisions.
These Terms constitutes the entire agreement between the parties and shall supersede all previous negotiations, commitments and/or writings.
New Zealand law governs these terms and New Zealand Courts have non-exclusive jurisdiction.