PARTIES TO THE AGREEMENT
These Terms and Conditions of Business (the Terms and Conditions) form an Agreement between Lowie Recruitment International Limited, hereinafter referred to as “Lowie Recruitment” or “Us” or “We,” to provide recruitment services including Permanent Placement to the Client, hereinafter referred to as “The Client” or “You/you.” This Agreement is effective upon engagement of our services, whether or not they have been signed, and accepting or interviewing any candidate provided by us hereinafter referred to as “the Candidate” will constitute acceptance of these terms of business and the fees payable.
ADDITIONAL AND IMPLIED TERMS
These Terms and Conditions (subject to variation under clause 1) and the terms agreed in respect of each Lowie Recruitment solution (inclusive of Temporary Recruitment Solutions, Fixed Term Recruitment Solutions, Permanent Recruitment Solutions, and Business Solutions) 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. All implied terms, conditions, and warranties are expressly excluded from this Agreement to the fullest extent permitted by law. Any additional representations, warranties, or commitments made by either party, agent, or representative must be first authorized in writing by a manager or person of authority in either party. Neither party shall be bound by any unauthorized statement.
Temporary Recruitment Solutions
BACKGROUND
Lowie Recruitment provides casual staff (“Temporary” or “Temporaries”) to Clients on temporary assignments (“Assignment” or “Assignments”). The Client requires Lowie Recruitment to provide, from time to time, the services of Temporaries on the following Terms and Conditions.
ACCEPTANCE
These Terms and Conditions apply to all Assignments, subject to any variation recorded in writing and agreed to by the parties.
1. RATES
1.1 The hourly charge rate to be charged for a Temporary will be as per agreement between both parties for positions stated; otherwise, the rate will be as agreed between Lowie Recruitment and the Client prior to each Assignment, subject to rights of variation provided under this Agreement.
1.2 A minimum charge equal to four (4) hours at the hourly charge rate agreed for the Temporary is payable for each day of an Assignment where an Assignment is less than four (4) hours long. Otherwise, the hourly charge is the rate agreed.
1.3 Lowie Recruitment may vary the hourly charge rate to be charged for a Temporary with five (5) Business days prior written notice.
1.4 Lowie Recruitment is responsible for paying Temporaries’ holiday pay.
1.5 In addition to the charges, the Client will pay GST and any other taxes which relate to an Assignment (except PAYE, KiwiSaver Contribution, and ACC levies).
2. FURTHER ENGAGEMENT
2.1 Where, within three months of the termination of an Assignment or the most recent referral of a Temporary to the Client:
a) the Client engages the Temporary as an employee or as an independent contractor; or
b) the Client introduces the Temporary to another person or organization, and that person or organization engages the Temporary as an employee or as an independent contractor, either directly or indirectly for the Client or to another person or organisation;
the Client will pay a fee calculated in accordance with Lowie Recruitment’s schedule of charges for permanent or temporary staff.
3. TEMPORARY TO PERMANENT EMPLOYMENT
Should the Client wish to employ the Temporary on a permanent basis, a fee calculated in accordance with Lowie Recruitment’s schedule of charges will apply.
4. CANCELLATIONS
4.1 Any cancellation of an Assignment by the Client must be advised to Lowie Recruitment at least twenty-four (24) hours before the Assignment is due to commence or, if this is not possible, as soon as practicable.
4.2 If the Client fails to advise Lowie Recruitment of a cancellation within twenty-four (24) hours of the commencement of an Assignment, the Client will be liable to pay Lowie Recruitment a fee equal to four (4) hours at the hourly charge-out rate of the Temporary.
5. LIABILITY
5.1 Lowie Recruitment makes every effort to ensure that the Client is satisfied with the provision of services under an Assignment. However, the Client will supervise the Temporary while on Assignment and is responsible for all acts and omissions of a Temporary while on Assignment.
5.2 Lowie Recruitment will not be liable for any loss, damage, or expense suffered by the Client resulting from the acts or omissions of a Temporary while on Assignment, or from any delay or failure by Lowie Recruitment to refer a Temporary to the Client.
5.3 The Client indemnifies Lowie Recruitment against any loss, damage, or expense suffered by Lowie Recruitment arising from any act or omission of a Temporary on Assignment to the Client, or arising from any act or omission by the Client, or its employees, officers, or agents in respect of a Temporary on Assignment to the Client.
5.4 The provisions of this clause continue to bind the parties after any Assignment has ended.
6. INSURANCE
6.1 The Temporary is not covered under Lowie Recruitment’s insurance policy. The Client undertakes to ensure that the Temporary is adequately insured against any liability to third parties arising out of the Temporary’s acts or omissions while fulfilling an Assignment.
6.2 The Temporary shall not be required to use his or her own vehicle for the purposes of an Assignment.
6.3 However, where the Temporary uses his or her own vehicle for the purposes of an Assignment, the Client will be liable for any loss or damage caused or suffered by the Temporary, to the extent that it is not covered by the Temporary’s own insurance cover.
7. REPLACEMENT
7.1 Should a Temporary be found to be unsatisfactory by the Client on reasonable grounds within four (4) hours of the start of an Assignment, and Lowie Recruitment is informed within that time, no charges will be incurred by the Client in respect of that Temporary. After the first four (4) hours of an Assignment, Lowie Recruitment will use its best endeavours to replace the Temporary, but normal rates will be charged.
7.2 Clause 7.1 applies where all money owing under these Terms and Conditions has been paid.
8. STATUTORY DAYS
8.1 Lowie Recruitment pays all temporary employees in accordance with the Holidays Act 2003.
8.2 Should a Temporary be required to work on a Statutory Holiday, the Client will be charged at time and a half for the hours worked.
8.3 Should the Temporary be working for the Client on an ongoing Assignment and is not required to work, the Client will not be charged for that day.
9. SUBSTITUTION OF TEMPORARY EMPLOYEE
Lowie Recruitment, in its sole discretion, may substitute one Temporary for another on any Assignment.
10. COMPLIANCE WITH LEGISLATION
10.1 The Client agrees to provide a safe workplace for the Temporary and will comply with all legislative and regulatory requirements relating to employees, including but not limited to the Health and Safety at Work Act 2016, Injury Prevention Rehabilitation and Compensation Act 2001, Human Rights Act, the Employment Relations Act 2000, and the Employment Relations (Triangular Employment) Amendment Act 2019.
10.2 If the Temporary is injured, or subjected to any breach of any statute while on Assignment with the Client, the Client will indemnify Lowie Recruitment in respect of any liability resulting from the injury, or breach, including (but not limited to):
a) Claims brought by the Temporary against Lowie Recruitment arising out of their employment relationship (i.e., under the Employment Relations Act 2000, including the Triangular Employment provisions);
b) Penalties imposed on Lowie Recruitment under any Act or Regulation, including all costs which Lowie Recruitment may incur or sustain, including costs of reparation which may be ordered in relation to claims or proceedings brought under the Health and Safety at Work Act 2015 or the Employment Relations (Triangular Employment) Amendment Act 2019. This is irrespective of whether the injury or breach occurred while the Temporary was working at the Client’s premises or at another location at the Client’s request. Such indemnity shall not include fines and/or infringement fees.
10.3 In cases where the Temporary is engaged under a triangular employment relationship, both Lowie Recruitment and the Client will ensure compliance with the obligations and protections granted to the employee under the Employment Relations (Triangular Employment) Amendment Act 2019, including any personal grievance claims that may be raised by the Temporary against either Lowie Recruitment or the Client as the controlling third party.
11. NATURE OF RELATIONSHIP BETWEEN TEMPORARY AND LOWIE RECRUITMENT
The parties agree that Lowie Recruitment employs the Temporary and that the Temporary, while on Assignment, does not become an employee of the Client.
12. DETAILS OF ASSIGNMENT
The Client shall provide Lowie Recruitment with the following details relating to the Assignment before the Temporary starts work on the Assignment:
a) A description of the work to be performed;
b) An indication of where the Temporary is to perform the work;
c) An indication of the hours to be worked by the Temporary; and
d) The Client’s Health and Safety policies and/or procedures.
12.2 The Client understands that the above details (a)-(d) are required by Lowie Recruitment in order to comply with the requirements of the Employment Relations Act 2000.
12.3 The provisions of this clause continue to bind the parties after an Assignment has ended.
13. HEALTH AND SAFETY
13.1 The Parties recognize that both have obligations to the Temporary under the Health and Safety at Work Act 2016. As the Temporary will be on the Client’s premises in order to complete the Assignment, the Client will ensure that the Temporary receives appropriate training and induction in the safe operation of any equipment needed to perform the Assignment and emergency procedures. The records of such training and induction shall be made available to Lowie Recruitment on request.
13.2 The Client shall take all practicable steps to ensure that no hazard that is or arises in the Temporary’s place of work causes harm to the Temporary.
13.3 The Client shall ensure that the Temporary wears and/or uses any protective clothing and/or equipment required in fulfilling the Assignment.
13.4 The Client shall nominate a contact person with whom the Temporary may confer in the event of any health and safety issues or concerns.
13.5 The Client shall immediately inform Lowie Recruitment in the event of any incident, accident, or near-miss involving the Temporary.
13.6 In the event that Lowie Recruitment (in its sole discretion) believes that a hazard in or arising in the Client’s premises or operations poses an unacceptable risk to the health and/or safety of the Temporary, Lowie Recruitment shall be entitled, without penalty, to withdraw the Temporary (but without releasing the Client from liability to pay the agreed rates. If within a reasonable time the hazard is not eliminated, isolated, or minimized to Lowie Recruitment’s satisfaction, Lowie Recruitment shall be entitled to terminate the Assignment, and the Client shall pay the cancellation fee set out in Clause 4 of this Agreement.
14. PERSONAL PROTECTIVE CLOTHING/EQUIPMENT
14.1 The Client agrees that it is in the best position to establish whether protective clothing and/or equipment is required by the Temporary in fulfilling the Assignment, and if so, the exact requirements. For this reason, the Client agrees to provide the Temporary any protective clothing and/or equipment required, unless the Temporary voluntarily agrees to provide his or her own clothing or equipment.
14.2 Lowie Recruitment and/or the Temporary will provide and ensure that the Temporary is issued with a high-visibility vest and Safety Boots.
14.3 If the Temporary wishes to provide his or her own clothing or equipment, the Client will inspect such to establish whether or not it is suitable. If it is not suitable, the Client will provide alternative suitable clothing and/or equipment.
Fixed Term Recruitment Solutions
BACKGROUND
Lowie Recruitment provides fixed-term staff (“Fixed Termer”) to individuals and organizations on fixed-term assignments (“Assignment” or “Assignments”). The Client requires Lowie Recruitment to provide, from time to time, the services of Fixed Termers on the Terms and Conditions.
ACCEPTANCE
These Terms and Conditions apply to all fixed-term work Assignments, subject to any variation recorded in writing and agreed to by the parties.
15. RATES
15.1 The rate to be charged for a Fixed Termer will be as per agreement between both parties for positions stated; otherwise, the rate will be as agreed between Lowie Recruitment and the Client prior to each Assignment, subject to rights of variation provided under this Agreement.
15.2 Lowie Recruitment may vary the rate to be charged for a Fixed Termer with the prior agreement of the Client.
15.3 Lowie Recruitment is responsible for paying Fixed Termers’ holiday pay.
15.4 In addition to the charges, the Client will pay GST and any other taxes which relate to an Assignment (except PAYE tax and ACC levies).
16. FURTHER ENGAGEMENT
Where, within three months of the termination of an Assignment or the most recent referral of a Fixed Termer to the Client:
a) the Client engages the Fixed Termer as an employee or as an independent contractor; or
b) the Client introduces the Fixed Termer to another person or organization, and that person or organization engages the Fixed Termer as an employee or as an independent contractor, either directly or indirectly for the Client or to another person or organisation;
the Client will pay a fee calculated in accordance with Lowie Recruitment’s schedule of charges.
17. FIXED TERM TO PERMANENT EMPLOYMENT
Should the Client wish to employ the Fixed Termer on a permanent basis, a fee calculated in accordance with Lowie Recruitment’s schedule of charges will apply.
18. CANCELLATIONS
18.1 Any cancellation of an Assignment by the Client prior to the commencement of the work Assignment must be advised to Lowie Recruitment at least two (2) working weeks before the Assignment is due to commence.
18.2 Any cancellation of an Assignment that has commenced must be advised to Lowie Recruitment at least four (4) working weeks before the new end date of said Assignment.
18.3 If the Client fails to advise Lowie Recruitment of the cancellation conditions as set out above, the Client will be liable to pay Lowie Recruitment a fee equal to the specified periods of notice.
19. LIABILITY
19.1 Lowie Recruitment makes every effort to ensure that the Client is satisfied with the provision of services under an Assignment. However, the Client will supervise the Fixed Termer and is responsible for all acts and omissions of a Fixed Termer while on Assignment.
19.2 Lowie Recruitment will not be liable for any loss, damage, or expense suffered by the Client resulting from the acts or omissions of a Fixed Termer while on Assignment, or from any delay or failure by Lowie Recruitment to refer a Fixed Termer to the Client.
19.3 The Client indemnifies Lowie Recruitment against any loss, damage, or expense suffered by Lowie Recruitment arising from any act or omission of a Fixed Termer on Assignment to the Client, or arising from any act or omission by the Client, or its employees, officers, or agents in respect of a Fixed Termer on Assignment to the Client.
19.4 The provisions of this clause continue to bind the parties after any Assignment has ended.
20. INSURANCE
20.1 The Fixed Termer is not covered under Lowie Recruitment’s insurance policy. The Client undertakes to ensure that the Fixed Termer is adequately insured against any liability to third parties arising out of the Fixed Termer’s acts or omissions while fulfilling an Assignment.
20.2 The Fixed Termer shall not be required to use his or her own vehicle for the purposes of an Assignment.
20.3 However, where the Fixed Termer uses his or her own vehicle for the purposes of an Assignment, the Client will be liable for any loss or damage caused or suffered by the Fixed Termer, to the extent that it is not covered by the Fixed Termer’s own insurance cover.
21. STATUTORY DAYS
21.1 Lowie Recruitment pays all Fixed term employees in accordance with the Holidays Act 2003.
21.2 Should a Fixed Termer be required to work on a Statutory Holiday, the Client will be charged at time and a half for the hours worked.
21.3 Should the Fixed Termer be working for the Client on an ongoing Assignment and is not required to work, the Client will not be charged for that day.
22. COMPLIANCE WITH LEGISLATION
The Client agrees to provide a safe workplace for the Fixed Termer and will comply with all legislative and regulatory requirements relating to employees, including but not limited to the Health and Safety at Work Act 2016, Injury Prevention Rehabilitation and Compensation Act 2001, Human Rights Act, the Employment Relations Act 2000, and the Employment Relations (Triangular Employment) Amendment Act 2019.
If the Fixed Termer is injured, or subjected to any breach of any statute while on Assignment with the Client, the Client will indemnify Lowie Recruitment in respect of any liability resulting from the injury, or breach, including (but not limited to):
a) Claims brought by the Fixed Termer against Lowie Recruitment arising out of their employment relationship (i.e., under the Employment Relations Act 2000, including the Triangular Employment provisions);
b) Penalties imposed on Lowie Recruitment under any Act or Regulation, including all costs which Lowie Recruitment may incur or sustain, including costs of reparation which may be ordered in relation to claims or proceedings brought under the Health and Safety at Work Act 2015 or the Employment Relations (Triangular Employment) Amendment Act 2019. This is irrespective of whether the injury or breach occurred while the Fixed Termer was working at the Client’s premises or at another location at the Client’s request. Such indemnity shall not include fines and/or infringement fees.
23. TRIANGULAR EMPLOYMENT LEGISLATION
23.1 The Client acknowledges and agrees to comply with all obligations under the Employment Relations (Triangular Employment) Amendment Act 2019, which recognizes the rights of employees in triangular employment situations.
23.2 Where a Temporary or Fixed Termer is employed under a triangular employment arrangement, both Lowie Recruitment (as the primary employer) and the Client (as the controlling third party) shall be bound by the relevant provisions of the Employment Relations Act 2000, including any claims raised by the employee under Part 9A of the Act.
23.3 The Client agrees to actively participate in good faith in any dispute resolution processes, as prescribed under the Act, in respect of any personal grievance claims raised by the Temporary or Fixed Termer.
23.4 In the event that the Client’s actions or omissions result in any liability, personal grievance, or dispute being raised by the Temporary or Fixed Termer, the Client shall indemnify Lowie Recruitment against any loss, damage, costs, or expenses incurred as a result.
24. GOOD FAITH OBLIGATIONS
24.1 Both the Client and Lowie Recruitment agree to act in good faith in their dealings with each other, as well as with any Temporary, Fixed Termer, or Candidate engaged under this Agreement.
24.2 Good faith includes, but is not limited to, the following obligations:
a) acting honestly, openly, and without misleading or deceiving each other;
b) making full and timely disclosure of all relevant information that may impact the employment relationship or the performance of the Assignment;
c) cooperating and communicating effectively with each other to resolve any issues or disputes that may arise;
d) not doing anything, whether directly or indirectly, that may undermine the relationship of trust and confidence between the parties or with the Temporary, Fixed Termer, or Candidate; and
e) not disrupting or undermining or attempting to terminate the Candidates employment with Lowie Recruitment.
24.3 Where any personal grievance, dispute, or disagreement arises in relation to the Assignment or employment relationship, both parties will seek to resolve the matter through consultation, cooperation, and mediation, before escalating to formal legal proceedings.
Permanent Recruitment Solutions
ACCEPTANCE
These Terms and Conditions apply to all Permanent Recruitment Solutions, subject to any variation recorded in writing and agreed to by the parties.
25. FEE
25.1 You agree to pay a fee (calculated in accordance with these Terms and Conditions) to Lowie Recruitment if a Candidate referred to you for any position by Lowie Recruitment is employed by you or by any other person or company to whom the Candidate is referred by you. This includes a permanent, temporary, or part-time basis (and an independent service contract with the Candidate) within the period commencing on the initial referral and expiring three (3) months after the most recent referral. For the purposes of this condition, any person contained in a submission or short list made by Lowie Recruitment to you in accordance with the Terms of the Agreement shall be a Candidate referred by Lowie Recruitment.
25.2 The fee shall be calculated in accordance with Lowie Recruitment’s schedule of charges.
26. ADVERTISING
All agreed advertising costs will be paid by you upon receipt of an invoice issued by Lowie Recruitment. Advertising costs will be agreed to prior to costs being incurred.
27. GUARANTEE
The following guarantees are valid only if the fee and all other monies owing under the Agreement have been paid within the specified time frame and are strictly for the replacement of the Candidate.
27.1 Any Candidate employed by you is guaranteed with replacement by Lowie Recruitment for a period as agreed in writing by both parties should the Candidate be dismissed for cause or leave of his/her own volition during that period. Lowie Recruitment will endeavour to procure a suitable replacement Candidate.
27.2 Should the employee leave or be released due to redundancy, merger, takeover, company relocation, or job specification alteration, and Lowie Recruitment was not informed prior to the employee commencement date, then this guarantee is null and void.
28. TESTING, REFERENCE CHECKING AND SUITABILITY
28.1 Testing and reference checking of Candidates is carried out whenever Lowie Recruitment deems it necessary or appropriate and it is practicable to do so.
28.2 Lowie Recruitment will endeavour to make known to you the Candidate’s employment records, qualifications, and salary requirements as accurately and objectively as possible. Lowie Recruitment shall not be liable for any inaccuracies, misrepresentations, or untrue statements made by the Candidate.
28.3 Except where expressly precluded by the Candidate or operation of law, Lowie Recruitment will not withhold from you any information known to it concerning the Candidate which may adversely affect you.
Business Solutions
ACCEPTANCE
These Terms and Conditions apply to all Business Solutions (separate from Temporary Recruitment Solutions, Fixed Term Recruitment Solutions, and Permanent Recruitment Solutions), subject to any variation recorded in writing and agreed to by the parties.
29. FEE
You agree to pay a fee calculated in accordance with Lowie Recruitment’s schedule of charges for any Business Solutions Services provided to you by Lowie Recruitment.
30. MISCELLANEOUS COSTS
All agreed miscellaneous costs will be paid by you upon receipt of an invoice issued by Lowie Recruitment. Miscellaneous costs will be agreed to prior to costs being incurred.
Lowie Solutions
ACCEPTANCE
These Terms and Conditions apply to Temporary Recruitment Solutions, Permanent Recruitment Solutions, and Business Solutions, subject to any variation recorded in writing and agreed to by the parties.
31. PAYMENT
31.1 The Client will pay all charges invoiced by Lowie Recruitment within 7 days of receipt of the invoice.
31.2 Lowie Recruitment may charge interest calculated on a daily basis at 5% interest rate above its own bank’s base lending rate if payment is not made by the due date.
31.3 Lowie Recruitment may vary the interest rate at any time by notifying the Client.
31.4 Any payments made under these Terms and Conditions are exclusive of GST (if any) and any GST must be added and paid by the person to whom the goods and services are provided.
31.5 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 Lowie Recruitment.
31.6 Should Lowie Recruitment need to recover outstanding debt from the Client, the Client will be responsible for any charges incurred in the recovery process.
32. TAXES
Goods and Services Tax (GST) and any other tax imposed by any Government or other competent authority in respect of the provision of services by Lowie Recruitment or any other feature of this transaction between Lowie Recruitment and you shall be payable by you in addition to the fee and other monies payable hereunder.
33. CONFIDENTIALITY
33.1 Lowie Recruitment will respect every confidence entrusted to it by you. All information received by Lowie Recruitment relating to your business imparted by you to Lowie Recruitment and which you declare to be of a confidential nature shall be confidential information and shall be treated accordingly.
33.2 All information in respect of the Candidate is confidential information imparted to you for the sole purpose of enabling you to determine if the Candidate is suitable for employment by you and shall not be distributed, made known, or otherwise published by you to any other person or persons.
33.3 All confidential information received by one party shall continue to be treated as confidential until it becomes part of the public domain by publication or any other act, or until the other party advises otherwise, notwithstanding that the Agreement to which these Terms and Conditions apply has been fully performed.
38. GOVERNING LAW
34.1 These Terms and Conditions are governed by New Zealand Law.
34.2 These Terms and Conditions are binding on, and for the benefit of, the successors of the Client and the successors and assigns of Lowie Recruitment.
34.3 These Terms and Conditions may be amended by Lowie Recruitment from time to time as published on www.lowie.co.nz.
34.4 The Client may not assign any agreement with Lowie Recruitment without the prior written consent of Lowie Recruitment.
