Terms & Conditions

Salt New Zealand Terms & Conditions of Service

Salt helps clients find exceptional talent to enable their digital transformation. If a client engages any candidate, standard Salt terms will apply.

GENERAL
These terms and conditions (Terms) constitute the entire agreement between Salt Search NZ Ltd (5853667) (Salt) and any client of Salt, its subsidiaries or associates (Client). In the event of a conflict between these Terms and any other terms, these Terms shall prevail.

“Client” refers to the person; organisation or firm to whom Salt is to provide professional services in the form of recruitment of permanent staff, provision of temporary or contract staff or other consulting services. These Terms and Conditions relate to the provision by Salt of professional services to the client whether at the premises of Salt, the client or client’s designated premises and apply to every such transaction between the client and Salt unless the client is advised in writing of any additions or alterations or until it is withdrawn by Salt.

Salt will provide professional services on these terms only, except where variations are agreed and confirmed in writing prior to the commencement of the assignment. Acceptance of professional services from Salt will be deemed to be acceptance by the client of these Terms and Conditions, notwithstanding anything contrary on the client order or in the enquiries.

Salt will take all caution in providing accurate information to the client. However Salt does not accept liability for the accuracy or completeness of the information provided by a candidate or third party.

Governing Law
Should there be a dispute between Salt and a client, the New Zealand courts will have exclusive jurisdiction.

Privacy Act Authorisation
The client hereby authorises any person or company to provide Salt with such information as Salt may require in response to the client inquiries for credit from Salt.

Goods & Services Tax
Goods and Services Tax and any other tax and levies (other than PAYE & ACC in respect of temporary services) will be added to all fees and charges for services provided hereunder.

TEMPORARY SERVICES 

Rates and Allowances
The client agrees to pay Salt the hourly rates and allowances for each assignment as agreed or as documented in a separate schedule provided prior to the commencement of each assignment. Salt rates are inclusive of statutory requirements including annual holiday pay entitlements, special leave and ACC levies.

Guarantee – Working Together
If a Salt temporary does not meet the position expectations and Salt is informed within eight (8) hours of the start of the assignment no charge will be incurred. Should any Salt temporary not meet the position expectations at any time after the first eight (8) hours, Salt will look to provide a suitable replacement, subject to payment by the client in respect of the charges. The new Salt temporary will be treated as a new assignment.

Minimum Booking & Cancellations – A minimum booking time of four (4) hours applies.
Salt appreciate that for whatever reason the client may need to cancel a booking. Salt would like to be advised 24 hours prior to your Salt temporary commencing with you. If you are unable to advise Salt within the 24 hour period Salt will charge you for four (4) hours at the hourly charge rate of the temporary.

Professional Services Fee & Guarantee – Temporary to Permanent placement
The client agrees to pay Salt the relevant Professional Services Fee to Salt, where the candidate introduced to the client by Salt is; employed or engaged by the client or a third party where the client has made introductions on a temporary, contract or permanent basis within 12 months of introduction or termination with regards to a candidate on a temporary assignment. A guarantee may be applicable to these placements providing the client has participated in the Salt after placement process and the invoice is paid within seven (7) days.

Statutory Pay
Salt is obliged to pay its employees one (1) day’s pay where a statutory holiday falls on a day which they would otherwise be working. When a temporary works on a statutory holiday, the client will be charged for the time worked at the agreed hourly rate as well as allowances, if any, and for a lieu day if that temporary qualifies for such a day under the Holidays Act 1981 (the temporary will be paid at their agreed rate and will be given a day’s holiday on pay at a time to be agreed with the temporary).

Health & Safety in Employment
The client agrees it will take all practicable steps to ensure the health and safety of the temporary while at work at the premises of the client or the venue designated to be the workplace. The client further agrees they will comply with any codes of practice usually adopted in the client’s industry pursuant to the Health & Safety in Employment Act 1992 (the Act) and any subsequent amendments, relevant to the Temporary’s work. In the event a temporary sustains an injury whilst working for the client, the client agrees that it will comply with all requirements of the Act. The client agrees to indemnify and hold Salt harmless as a consequence of any claim made by a temporary whether or not pursuant to or in respect of any fine, court costs, legal costs and disbursements payable by Salt as a consequence of any prosecution brought against Salt pursuant to the Act relating to the employment of a temporary at the clients premises or designated work venue or for any damages claimed at common law.

Liability
The client agrees and acknowledges that: The client shall indemnify Salt against all liabilities, losses or damages suffered or incurred by any third party (direct, indirect or consequential) arising out of or in connection with any action or omission of the temporary whilst on assignment to the client. The client shall supervise, direct and control the manner and conditions under which the assignment is to be performed subject to obligations, duties and regulations (whether statutory or otherwise) such as those relating to the place, nature or system or work. Salt shall not be liable under any circumstances whatsoever for any loss, damage or expense however occasioned, suffered or incurred by the client arising from or in any way connected with the actions of the temporary on assignment to the client. The client will be responsible for all acts and omissions of any temporary whether wilful or negligent and whether occurring on or off the premises of the client or the designated work venue. The client shall indemnify Salt against any liability, loss damages or expenses arising out of any claim or complaint by the temporary relating to any assignment with the client.

Insurance
The temporary is not covered under any Insurance policy of Salt. In the event, the temporary handles cash, cars, valuables, documentation or equipment whether on or off the premises of the client, the client will immediately make arrangements for the temporary to be endorsed on the client’s insurance policy. The temporary shall not be required to use his/her own motor vehicle during an assignment. If the temporary uses his/her own motor vehicle during the assignment the client will be liable for all loss or damage which is caused or suffered to the extent that such loss or damage is not covered by the temporary’s insurance.

Payment
All fees and charges are payable within seven (7) days. Time of payment is paramount and is the essence of the service we provide. No purported claim or dispute raised by the client is grounds for the client withholding payment of any monies due to Salt from the provision of professional services, nor shall such purported claim or dispute confer on the client any right to offset payment due to Salt. If it is necessary for Salt to seek legal remedies to obtain payment of amounts owed to Salt by the client, the client agrees to reimburse Salt for all of its legal expenses when Salt is successful in obtaining judgment against the client for outstanding monies.

CONTRACT SERVICES 

Rates and Allowances
The client agrees to pay Salt the hourly rates and allowances for each assignment as agreed or as documented in a separate schedule provided prior to the commencement of each assignment.

Guarantee – Working Together
If a Salt contractor does not meet the position expectations and Salt is informed within eight (8) hours of the start of the assignment no charge will be incurred. Should any Salt contractor not meet the position expectations at any time after the first eight (8) hours Salt will look to provide a suitable replacement, subject to payment by the client in respect of the charges. The new Salt contractor will be treated as a new assignment.

Minimum Booking & Cancellations – A minimum booking time of 8 hours applies.
Salt appreciate that for whatever reason the client may need to cancel a booking. Salt would like to be advised 72 hours prior to your Salt contractor commencing with you. If you are unable to advise Salt within the 72 hour period Salt will charge you for eight (8) hours at the hourly charge rate of the contractor.

Professional Services Fee & Guarantee – Contractor to Permanent Placement
The client agrees to pay Salt the relevant Professional Services Fee to Salt, where the candidate introduced to the client by Salt is; employed or engaged by the client or a third party where the client has made introductions on a temporary, contract or permanent basis within 12 months of introduction or termination with regards to a candidate on a temporary or contract assignment. A guarantee may be applicable to these placements providing the client has participated in the Salt after placement process and the invoice is paid within seven (7) days.

Health & Safety in Employment
The client agrees it will take all practicable steps to ensure the health and safety of the contractor while at work at the premises of the client or the venue designated to be the workplace. The client further agrees they will comply with any codes of practice usually adopted in the client’s industry pursuant to the Health & Safety in Employment Act 1992 (the Act) and any subsequent amendments, relevant to the Contractor’s work. In the event a contractor sustains an injury whilst working for the client, the client agrees that it will comply with all requirements of the Act. The client agrees to indemnify and hold Salt harmless as a consequence of any claim made by a contractor whether or not pursuant to or in respect of any fine, court costs, legal costs and disbursements payable by Salt as a consequence of any prosecution brought against Salt pursuant to the Act relating to the employment of a contractor the client’s premises or designated work venue or for any damages claimed at common law.

Liability
The client agrees and acknowledges that: The client shall indemnify Salt against all liabilities, losses or damages suffered or incurred by any third party (direct, indirect or consequential) arising out of or in connection with any action or omission of the contractor whilst on assignment to the client. Salt shall not be liable under any circumstances whatsoever for any loss, damage or expense however occasioned, suffered or incurred by the client arising from or in any way connected with the actions of the contractor on assignment to the client. The client will be responsible for all acts and omissions of any contractor whether wilful or negligent and whether occurring on or off the premises of the client or the designated work venue. The client shall indemnify Salt against any liability, loss damages or expenses arising out of any claim or complaint by the contractor relating to any assignment with the client.

Insurance
The contractor is not covered under any insurance policy of Salt. In the event the contractor handles cash, cars, valuables, documentation or equipment whether on or off the premises of the client, the client will immediately make arrangements for the contractor to be endorsed on the client’s insurance policy. All Salt contractors will hold the relevant PI PL Insurance.

Payment
All fees and charges are payable within seven (7) days. Time of payment is paramount and is the essence of the service we provide. No purported claim or dispute raised by the client is grounds for the client withholding payment of any monies due to Salt from the provision of professional services, nor shall such purported claim or dispute confer on the client any right to offset payment due to Salt.

If it is necessary for Salt to seek legal remedies to obtain payment of amounts owed to Salt by the client, the client agrees to reimburse Salt for all of its legal expenses when Salt is successful in obtaining judgment against the client for outstanding monies.

PERMANENT SERVICES

Professional Services Fee
Our professional services fee for each permanent placement will be 18% of the successful candidate’s annual remuneration package. For part time positions our fee is based on a 40 hour week, not the actual hours worked. The client agrees to pay Salt the relevant Professional services fee where the candidate introduced to the client by Salt is; employed or engaged by the client or a third party where the client has made introductions on a temporary, contract or permanent basis within 12 months of introduction or termination with regards to a candidate on a temporary assignment. A guarantee may be applicable to these placements providing the client has participated in the Salt after placement process and the invoice is paid within seven (7) days. Should Salt commence work and for whatever reason you decide you no longer require the services of Salt a professional fee of $1500.00 will be charged.

Annual Remuneration Package
This includes base salary, 50% of anticipated commission earnings, allowances, inducement payments and $12,500 when a motor vehicle is provided.

Advertising and Other Expenses
All costs associated with advertising or client approved expenses as agreed by the client will be on charged at cost. Expenses will be invoiced as they are incurred.

Guarantee – Working Together
A 100% replacement guarantee for a three calendar month period is provided for all permanent placed candidates where the client has agreed and participated in the Salt “after placement process”. Please note this guarantee will be in the form of a replacement and if we are unable to find a suitable replacement a credit note will be provided which will remain valid for 12 months. No refunds will be made. Where a replacement is made and the salary has either increased or decreased but the job description has not changed no credit or further charges will be made.

At Salt, we don’t believe our job is over when a suitable placement is made. In fact this is just the beginning. Our ongoing relationship with both you as our client and the successful candidate is crucial. You are investing in us to ensure you secure the “right person” for this role and we want to demonstrate our ongoing commitment to you by offering the Salt after placement process. This involves ongoing communication over a six (6) month period even though our guarantee period is three (3) months.

In the FIRST WEEK of the candidate joining your organisation a phone call will be made to both parties independently to ensure initial expectations are being met.

Between WEEK 3 & 4 we want to meet with you and the newly placed candidate individually either at your premises or offsite.  This meeting is structured and involves your participation in completing a series of questions to confirm both parties are happy and expectations are still being satisfied.

In WEEK 9, WEEK 12 and WEEK 24 we ask you to participate in further face to face meetings again to ensure expectations are being met and if necessary to work with you in a consultative way if any issues are to be addressed.

Guarantees are not valid where the candidate is no longer employed for reasons beyond the control of Salt such as redundancy, restructuring, economic circumstances, company closure, change of management or substantial change from the original job description or where the client did not participate in the agreed “after placement process”.

Payment
All fees and charges are payable within seven (7) days. Time of payment is paramount and is the essence of the service we provide.

Thank you once again for the opportunity to work alongside you and enhance your recruitment experience.

ACCEPTANCE
Where a Client interviews a Candidate referred by Salt, the Client will be deemed to have accepted these Terms.