Terms and Conditions for Provision of Recruitment & Consultancy Services by Fusion Partners,
FUSION PARTNERS LIMITED (“the company”) sources, screens and presents candidates for either permanent or fixed-term assignments (“candidate”) to client organisations (“the client”) on the acceptance by the client, of the following terms and conditions:
Acceptance of Terms & Engagement
These terms and conditions apply to all/any candidate referrals, made to a client by Fusion Partners, for the provision of permanent or fixed-term assignments. Any amendments will require mutual written consent.
These terms and conditions also apply to additional coaching or business consultancy services provided by Fusion Partners to the client.
Acceptance is deemed to have been provided by the client accepting Fusion Partner’s terms on the website acceptance link.
Introduction Fee
A fee schedule will be discussed and agreed, prior to any/all engagements. Fees are based on a case by case basis, according to required hours and specifics of services to be provided. The fee schedule will be confirmed in writing at commencement of any work to be provided.
Where a candidate is introduced by Fusion Partners to a client and the candidate is then offered permanent, fixed-term or temporary employment, directly by the client or an associated party of the client then the relevant placement fee will be payable.
The relevant fee will be payable for any introduction, regardless of whether the referred candidate is employed in the originally intended position or another position in the same business. Part-time positions will not be pro-rata, unless otherwise agreed, at original engagement. The introduction period will remain valid for a period of twelve (12)months, commencing from the initial referral of the candidate to the client by Fusion Partners or from the last day of any fixed term assignment, whichever constitutes the later.
Fixed Term Assignments
Fixed-term assignments for less than a six (6) month duration, will be charged at 50% of the permanent placement fee. For fixed-term assignments which are between six and twelve months, these will be calculated on a pro-rata basis.
Fixed Term employees, referred by Fusion Partners who are subsequently offered permanent employment, by the client or an associated party of the client, within twelve (12) months of the candidate’s completion of a fixed-term assignment, will be subject to a permanent placement, as per our fee schedule. A permanent placement fee will apply regardless of the capacity in which the candidate may be engaged. Fixed-term assignments have the following replacement guarantee:
1-2 months assignments – no guarantee
3 month assignments – 4 week guarantee
4-6 month assignments – 5 week guarantee
7-9 month assignments – 6 week guarantee
10-12 month assignment – 8 week guarantee
+12 months – 12 week guarantee
Invoicing & Payment
The client will pay all charges and fees plus GST, which have been invoiced to them by Fusion Partners, within seven (7) business days, from date of invoice. Invoices will be issued on contract acceptance.
Failure to process payment for a permanent or fixed-term placement, as outlined above, may result in the replacement guarantee being invalid.
Fusion Partners may, at their own discretion charge interest (calculated on a daily basis at 4% above its own bank’s base lending rate) in the event that payment is not received from a client on the due date, providing a written reminder communication has been sent beforehand.
All fees outlined within this agreement are exclusive of GST. The GST amount will be outlined on Fusion Partners client invoices and must be paid by the client, having engaged and received Fusion Partner’s services.
Any dispute raised by a client does not entitle the client to withhold payment of any money owed to Fusion Partners for services rendered.
Any costs incurred by Fusion Partners or its agents in recovering any outstanding debt may result in such costs being payable by the client and interest payable, at the rate outlined above.
Exclusive Retained Permanent Services
These will be invoiced in three tiers, on engagement and briefing for the assignment, agreed shortlist for interview and on completion of the assignment, at the contract acceptance stage. In the event that Fusion Partners are prevented from concluding a retained assignment to completion, the third tier will be payable, unless otherwise agreed in writing, by mutual agreement.
Advertising & Additional Services
Any non-standard or bespoke advertising campaigns, testing or desired consultancy or coaching services will be agreed on a case by case basis, according to our client’s specific requirements and agreed process or project.
Confidentiality
Any information supplied to a client by Fusion Partners regarding a candidate is done so on a strictly confidential basis, in accordance with the Privacy Act and with the candidate’s express permissions. We will provide relevant information to enable the client to assess a candidate’s suitability for employment and except where authorised or required by law shall not be disclosed to any third party, without the express written consent of the Fusion Partners, who will act according to all responsibilities under the Privacy Act. This extends to reference checks and under no circumstances will the client seek to undertake these, formally or informally, without Fusion Partners having sought the candidate’s express permission to do so.
All information disclosed by a client to the company will be held confidential by Fusion Partners and will not be disclosed to any third party without the consent of the client.
Any confidential information provided by a client to Fusion Partners may be accessed by any agent, employee or affiliate of the Company, in order to complete a successful candidate placement for the client.
Limitation of Liability
The company endeavours to obtain accurate details on all candidates including their qualifications and experience. Fusion Partners is reliant on the integrity of the information supplied to it by potential candidates placed by the Company.
Fusion Partners 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.
The client agrees to indemnify Fusion Partners against any claim that may arise due to the actions or omissions of a candidate.
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.
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 request Fusion Partners provide a replacement candidate or the relevant services or issue a credit for the cost of the relevant services.
Nature of the relationship between Client and Candidate:
The client acknowledges and agrees that any permanent or fixed-term candidate provided to them by Fusion Partners will be deemed 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).
Additional Terms
These terms and conditions (subject only to any written variation outlined under clause 1) govern 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 Fusion Partners to the client. These terms are governed by New Zealand law.
Fee Structure & Replacement Guarantee
The Company fee is calculated as a percentage of the total gross annual remuneration (including any tangible benefits except medical or superannuation related benefits)+ GST. Where bonuses or commissions make up a component of the Annual Salary Package, 50% of this sum total will be added to the total fee calculation.
If the successful candidate obtains a Company motor vehicle as part of their package this will be calculated at a minimum value of $15,000.00 per annum for non-executive appointments and this may be agreed at a higher value for executive appointments. This component will be calculated as part of the candidate’s annual remuneration.
The client is also liable for any GST payable on the placement fee as indicated by the Tax Invoice.
In the event that a candidate, placed by Fusion Partners, leaves within their first three(3)months of employment and providing the client has met the following conditions, Fusion Partners will provide a free replacement service for the same role:
The original candidate resigns; or
Fusion Partners is immediately notified in writing by the client that the original candidate is unsuitable due to unsatisfactory performance and such notification is received by Fusion Partners, in writing, 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 for any reason, Fusion Partner is unable to provide a suitable replacement, within a reasonable and agreed period of time then Fusion Partners will provide a credit for 50% of the original total invoice. This credit will remain valid and on the client’s account for a twelve(12) month period, from the credit date.
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.
Nature of the relationship between Client and Candidate:
The client acknowledges and agrees that any permanent or fixed-term candidate provided to them by Fusion Partners will be deemed 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).
Acceptance of Terms
By communicating via our website you have read, understand and agree to Fusion Partners Ltd terms and conditions.
