Terms of Service
The Fine Print
Thank you for selecting MYNEWJOB Limited for recruitment, administration or project support 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. We will assume your agreement when you engage us to provide services.
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.
OPERATING TIMES | Our operating times are 9am-5pm Monday to Friday (except Public Holidays when we will be closed). If our services are required outside of these times, the charge will be two times your standard rate. There may be a close down period during Christmas and you will be supplied the dates towards the end of each year.
OUR RESPONSIBILITIES | We undertake to provide you with recruitment, virtual assistant, administration or consultancy services that meet your needs and requirements on either a casual, service plan or one-off project 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. Service Plan clients are responsible for ensuring enough work is provided to MYNEWJOB Limited for the allocated service plan hours each month.
INSTRUCTIONS | Instructions can be verbal, via app or text message, or email.
OUR TEAM | We assign you with a dedicated recruitment consultant, virtual assistant or project manager. They will ensure that your requests are carried out by themselves or team members with the appropriate level of skill and experience. There may be times when we need to reassign team members to you.
TRANSFER OF WORK | Should your dedicated recruitment consultant, virtual assistant or project manager 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.
RECRUITMENT FEES | We provide estimates or fixed price quotes for specific assignments. In the absence of advertised fees or quotes our usual practice is to charge for our services by reference to the time spent by relevant staff charged at their hourly rate. We also take into account other factors including complexity, difficulty or novelty, the specialised skill or knowledge required, the volume of work involved, the urgency of the work and the overall result.
If you are requesting a service from us, 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).
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 campaigns, are 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 not to do any further work and retain custody of work done until all accounts are paid in full or alternative arrangements are made.
ADDITIONAL PAY AS YOU GO SERVICES | Clients requesting additional hours will be issued with an invoice at the end of each month for hours utilised, and payment is due on the 7th of the month following date of invoice.
QUOTATION & FEE ESTIMATES | Where a quotation is given by us for services:
a. The quotation shall be valid for one month from the date of issue unless otherwise specified in writing.
b. The fee shall be exclusive of disbursements and goods and services tax unless specifically stated to the contrary.
c. 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 will charge for office disbursement costs specific to a task such as printing, photocopying, and postage. We also charge for external disbursements, including travel, accommodation costs, larger materials costs, couriers and subscriptions.
GST | We charge goods and services tax on services that we provide within New Zealand as required by New Zealand law.
CREDIT CHECKS | We may require credit checks on you as an entity before supplying services.
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.
We will also hold your clients’ details and your intellectual property in the strictest of confidence. Your information will never be shared or made available to any of our other clients, or anyone else. Your assigned consultant, virtual assistant, project manager and back-up virtual assistant will be the only MYNEWJOB Limited staff members with access to your private and confidential information unless otherwise requested or approved by you.
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 contact the assistant assigned to you, your account manager or the Managing Director at MYNEWJOB Limited.
TERMINATION | Clients on service plans will be required to provide a notice period of at least one month to terminate their service plan for on-going virtual assistance or downgrade their service plan. 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.
NON-SOLICITATION OF EMPLOYEES | We invest heavily to educate and train our employees and contractors to ensure we can provide the highest quality of service to our clients.
You agree that without expressed written consent, at all times while engaging MYNEWJOB Limited’s services and for six (6) months after any engagement, you will not, directly or indirectly, whether individually or as an officer, director, employee, consultant, partner, stockholder, individual proprietor, joint venture, investor, lender, consultant or any other capacity whatsoever: solicit, divert hire, retain (including as a consultant) or encourage to leave the employment or contract period of MYNEWJOB Limited and any employee or contractor of MYNEWJOB Limited, or hire or retain (including as a consultant) any former employee of MYNEWJOB Limited who has left the employment or contract period of MYNEWJOB Limited within six (6) months prior to such hiring or retention.
Pursuant to above, if we reach agreement for the MYNEWJOB Limited employee or contractor to work with, or for you directly, then the minimum Placement Fee payable to MYNEWJOB Limited by you will be the greater of either 25% of the employee’s gross salary, or 75% of your last twelve (12) months’ service fees. This Placement Fee is exclusive of GST.
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.