Terms of Service
The Fine Print
Thank you for selecting MYNEWJOB Limited for recruitment services. These terms of engagement set out certain standard terms and conditions on which MYNEWJOB Limited (“we”) provide services and support to our clients. These terms of engagement apply, subject to any additional or alternative terms that we may agree in writing with our clients (“you”). It is not necessary for you to sign these terms of engagement to indicate your agreement to them. For the purposes of clarity, if you are requesting a service from us, or wish to interview a candidate we have presented to you, you are engaging us. Service requests may be verbal (either telephone or in person) or written (e.g. letters, texts, app messages, notices, or email).
OUR SERVICES | We will provide our services and support to you in accordance with your instructions and will ensure there is a clear understanding with you of the scope, importance, and timetable of each set of instructions. We will deliver our services and support in accordance with all applicable professional and legal obligations. We will act with all due care and skill, to provide quality assistance and support.
- ascertaining the client’s recruitment needs
- writing job ads
- posting multiple job advertisements via various channels including job boards, social media, website
- sourcing candidates that accord as closely as possible with the client’s selection criteria
- Talent and candidate search through Seek Premium Talent search, inhouse candidate database, and other talent pools
- screening initial applications and resumes
- conducting preliminary interviews
- pre-selecting the most appropriate candidates
- scheduling candidate interview times with client
- informing successful and unsuccessful candidates of outcomes
- conducting referee checks where possible.
SERVICE FEE STRUCTURE
A quote will be provided for your consideration and acceptance prior to commencement of work; this will include our current fees schedule. Note: all fees quoted are exclusive of GST
Engagement Fee is payable prior to MYNEWJOB commencing work on any new campaigns. The engagement fee offsets the cost of gathering the job brief & client requirements, advertising and marketing the position. This fee is non-refundable regardless of the outcome of the campaign.
Placement Fee (Success Fee) is payable upon successful placement of a candidate. A successful placement is deemed to have been made on the day a candidate signs an employment agreement with the client; or the day the candidate commences work with the client (whichever is earlier) irrespective of whether the candidate is hired on a trial basis.
Should the placed candidate leave within 5 working days, MYNEWJOB can void the placement invoice at the client’s request, however this will negate any claim under our replacement guarantee.
The client is liable for the placement fee even if they hire the candidate introduced by MYNEWJOB in a different role to the one originally advertised, or pass on the details of the candidate to a third party who subsequently hires the candidate introduced by MYNEWJOB.
Campaign Booster After the first month, if your recruitment is ongoing, you have the option of refreshing your campaign with a Campaign Booster which includes a repeat of all online advertising and talent search. Your recruitment consultant will discuss this option with you as your campaign progresses.
Replacement Fee / Replacement Guarantee In the event a candidate placed with the client by MYNEWJOB leaves of their own accord or whose services are terminated by the client within 30 days, MYNEWJOB will endeavor to replace the candidate, once only, provided that:
- MYNEWJOB has been informed of the termination or release of the candidate within the guarantee period of 30 days; and
- an advertising and administration ‘replacement fee’ is paid (refer Standard Fees Schedule); and
- the candidate does not leave or is terminated due to a company restructure, redundancy and/or a significant change in the job description; and
- All invoices issued in relation to the campaign, including the placement fee invoice, were paid in full within 7 days of date of invoicing, unless both parties agree, in writing, on alternative payment times.
Your recruitment consultant will do their best to find a suitable replacement candidate for a maximum eight week search period, however we cannot guarantee a successful placement. No further refunds are available should MYNEWJOB fail to place a suitable replacement candidate within that time.
Retain your Recruiter (Monthly Service Plan) Campaign: Clients have the option of engaging our services on a retainer basis to unlock our best rates. Monthly Service Plan Campaigns are payable monthly in advance; benefits include:
- No Placement Fees: Placement fees will not apply to any candidates presented to you during a current & paid ‘Retain your Recruiter’ Monthly Service Plan campaign. For the purposes of clarity, if you do not have a current & prepaid Monthly Service Plan campaign in place, Standard Terms and Conditions including a placement fee will apply to any candidates presented to you, after your Monthly Service Plan Campaign has expired, lapsed or been canceled.
- Your business and brand is identified in marketing and job adverts if you wish.
- Renew on a month to month basis; or cancel anytime to revert back to our Standard Terms of Service.
OUR RESPONSIBILITIES | We undertake to provide you with recruitment and consultancy services that meet your needs and requirements on either a retainer, hourly rate or contingency basis at the cost agreed upon. Such services are to be provided with skill and care and within an agreed timeframe and/or budget. Additionally, we undertake to respond promptly to requests for urgent assistance.
YOUR RESPONSIBILITIES | You undertake to provide timely, clear instructions and directions for the provisions of such services; to provide the information or the access to the appropriate information to enable the tasks to be completed; and to meet the agreed period for payment.
INSTRUCTIONS | Instructions can be verbal, via app or text message, or email.
OUR TEAM | We assign you with a dedicated recruitment consultant. They will ensure that your requests are carried out by themselves or team members with the appropriate level of skill and experience. Should your dedicated recruitment consultant be unavailable due to sickness or leave, appropriate arrangements will be made for another assistant to complete your tasks. If we are unable to cover this work, we will discuss an alternative arrangement with you.
QUOTATION & FEE ESTIMATES | Where a quotation is given by us for services:
- The quotation shall be valid for one month from the date of issue unless otherwise specified in writing.
- The fee shall be exclusive of disbursements and goods and services tax unless specifically stated to the contrary.
- We reserve the right to withdraw any quotation given to you without prior notice at any time after the quotation is given and before acceptance by you.
Where services are required in addition to the services contemplated by the quotation, you agree to pay for the additional cost of such services.
A quotation may include an estimate of the cost of a service to be provided by a third party. Any variation in the actual charge made by the third party may result in a variation to the total price payable by you. Where a fee estimate is given, and an engagement has begun on the basis of the fee estimate, we will endeavour to alert you to any change in cost exceeding 10% of the estimate.
DISBURSEMENT CHARGES | We may charge for office disbursement costs specific to a task such as printing, photocopying, and postage. We may also charge for external disbursements, including travel, accommodation costs, larger materials costs, couriers and subscriptions for project related work.
ACCOUNTS & PAYMENTS | Clients on monthly service plans will be sent an invoice at the start of each month for work to be undertaken that month. Payment is due within 7 days of date of invoice.
Casual services, including recruitment support, may be purchased as pre-paid packs of hours and incidentals. An invoice for the chosen number of hours will be issued prior to commencement of services. Payment is due within 7 days of date of invoice. Any pre-paid packs of casual hours expire six months after the date of payment.
We do not send statements unless requested. In order to help us stay focused on service to you as a client, without debt collection concerns, you agree to pay our accounts promptly and as per these terms. Failure to pay within 7 days following the date of invoice will result in an overdue email being sent out. Every follow-up email, text or phone call we make with you will incur a $20 fee in addition to your invoice amount. These follow-ups will occur weekly. Late payment shall also incur interest monthly at a rate of 20% pa. This will be payable on monies outstanding from the date payment was due until the date payment is received.
You are liable to pay our accounts on our agreed terms whether or not you have a right of recovery from a third party and whether or not a third party seeks a review of our charges. If an account is not paid, we may choose to cease any further work and retain custody of work done until all accounts are paid in full or an acceptable payment plan is in place.
GST | We charge goods and services tax on services that we provide within New Zealand as required by New Zealand law.
USE OF EXTERNAL RECORDS | In providing our services to you, we may rely on information provided to us by third parties. It is possible that some information provided by such sources may be inaccurate or incomplete. We are not responsible for any such errors or omissions.
CONFIDENTIALITY | Maintaining client confidentiality is paramount. We do not disclose any confidential information unless required and authorised by you as a client, or by law. As a result of providing services to you, we may have reason to collect information on your organisation. All information will be held on a confidential basis at our offices. Under the Privacy Act 1993 you have the right to access and correct any personal information.
ELECTRONIC COMMUNICATIONS | We may correspond with you and others by electronic communication, unless you instruct us not to do so. As you are aware electronic communications are not secure. They may be read, copied, or interfered with in transit. We will not be responsible for any of the risks associated with electronic communication.
OUR LIABILITY | All care will be taken in the course of our work but at times we are required to make value judgements in providing our service. We shall not be liable for any loss or damage sustained by you and any liability on our part for any negligence or wrongful act, including that of contractors arranged on your behalf by us, shall be limited to the value of the fee charges for our service.
LIMITED LIABILITY | We are not liable to you for any consequential loss, including loss of profits, even if you advised us or we knew or should have known of the possibility of such loss. Any claim against us shall be limited entirely to a refund of part or all of our charge for the transaction in dispute.
If you have a dispute regarding our fees you agree in the first instance to talk to your Recruitment Consultant or direct your concerns to the Managing Director at MYNEWJOB Limited.
TERMINATION | Clients on monthly service plans will be required to provide a notice period of at least one month to terminate their monthly service plan for on-going recruitment support. MYNEWJOB Limited will also be required to provide a notice period of at least one month to terminate a client’s service plan. If termination occurs during the month, then clients will be invoiced for one further month of the service plan.
GENERAL | We may update these terms of engagement from time to time and will notify you of this update. We encourage you to contact us with any comments or questions about these terms of engagement. We are pleased to be of service to you and look forward to developing a long-lasting relationship between us.