Terms of Business

Beyond Services Limited (“Beyond”) provides recruitment, temporary employment services (temp) and contracting services.  The contracting services are provided on a sub-contract basis or on the basis of Contractors or Consultants being Beyond employees.

 

ANNUAL SALARY PACKAGE (ASP)

The majority of Beyond’s fees are based on the Annual Salary Package (ASP).  This is the aggregate of salary, allowances and 50% of the “at risk” component (generally bonuses and/or commission), where applicable.  Where a vehicle is provided as part of the salary package, $16,000 is added to the base salary before calculation of fees.  Where the base salary is less than 50% of expected earnings, the ASP is based on 65% of on-target/expected earnings. 

 

FEE STRUCTURE

Executive Recruitment & Other Senior Level Appointments

For Executive Recruitment and other senior level appointments the Beyond fee is calculated at 21% plus GST of the ASP.  One third of the Beyond fee is charged at commencement of the campaign, the second third at short listing stage and the final third upon successful completion of the appointment.  Beyond fees are payable within ten (10) days of the invoice date (unless otherwise agreed in writing).  Executive Recruitment is defined as senior/executive leadership or specialised positions where a customised advertising and/or search process is undertaken on an exclusive basis.

 

Permanent and Fixed Term Placements

The fee calculation structure for Permanent & Fixed Term placements is as follows:

ASP less than $50,000 , Beyond fee 15% plus GST

ASP $50,001 - $100,000, Beyond fee 17% plus GST

ASP $100,001+, Beyond fee 19% plus GST

 

Fixed term placements of less than six months duration are charged at 75% of the standard fee.  If a fixed term appointment continues after six months the remaining 25% of the fee is payable.  If a Beyond contractor accepts a permanent position with the client, either during or at the conclusion of their contract or during the six month period following conclusion of the contract, a “Permanent Placement Fee” or “Further Engagement Fee” is payable.

 

International or Customised Project Recruitment

International or customised project recruitment will be priced by separate proposal.

 

Contingency Recruitment

In the case of contingency recruitment the recruitment fee will be invoiced when a candidate is placed into the vacant role and is payable within ten (10) days of invoice date (unless otherwise agreed in writing). 

 

For Exclusive Retained Recruitment

For exclusive retained recruitment one third of the fee is charged at commencement of the campaign, the second third at short listing stage and the final third upon successful completion of the assignment, payable within ten (10) days of the invoice date (unless otherwise agreed in writing).

 

Advertising Costs

The cost for advertising is paid for by the client and is invoiced after the last advertisement has been published and is due within ten (10) days of the invoice date (unless otherwise agreed in writing). All advertising campaigns will be subject to prior authorisation from the client.

 

Accuracy of Information

A professional profile is provided to your company with the express and exclusive permission of the Candidate concerned.  Parts of this professional profile rely on information provided by the Candidate.  The professional profile is a summary of the Candidate’s relevant skills.  It is not necessarily intended to represent a complete career history.  Where appropriate, Beyond has endeavoured to verify relevant information.  However, Beyond cannot guarantee the overall accuracy of information contained in this report.  Beyond shall not be responsible or liable for any losses, costs, expenses or damages however incurred (direct, indirect or consequential) arising out of or in connection with the information provided about the Candidate.

 

Candidate Performance

Beyond shall not be responsible or liable for any losses, costs, expenses or damages however incurred (direct, indirect or consequential) arising out of or in connection with the performance or any actions of the Candidate.

 

Guarantee Period

A three (3) month guarantee is offered for all permanent appointments, providing the invoice is paid by the due date.  Should the candidate resign or be forced to resign within the guarantee period because he or she has not performed satisfactorily in the capacity for which they were hired and providing reasonable notice has been given, Beyond will be given an exclusive period of three (3) weeks to find a replacement candidate to refill the vacated position at no additional charge.  The only charges payable will be for agreed campaign advertising costs and other disbursements.  If a suitable replacement is not found within a reasonable time scale the original placement fee will be credited to the client account.  If the employer elects not to refill the position, then 50% of the fee will be retained for administration costs.

 

Candidate Ownership

Any contractor, candidate or temporary worker (Candidate) referred and presented by Beyond remains a Beyond Candidate for a period of six (6) months following the later of date of original presentation or conclusion of a contract or temp assignment. If the Candidate is hired by the client, or any other organisation to which the client has referred the Candidate to, in any position, whether contract, temporary or permanent, within this six (6) month period, then the normal Beyond Terms of Business and Fees will apply. All contact with the Candidate is to be channeled through Beyond.

 

Temporary (Temp) Employment Services

 

Rates

  • The rate to be charged for a Temporary Employee (Temp) will be as agreed between Beyond and the Client prior to each Assignment, subject to rights of variation provided under this contract.
  • A minimum charge equal to four (4) hours at the hourly charge out rate agreed for the Temp 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.  
  • Beyond may vary the rate to be charged for a Temp at any time by notifying the Client of the variation.  
  • In addition to the charges, the Client will pay GST and any other taxes which relate to an Assignment (except PAYE tax).  
  • Temp services will be invoiced weekly and the Client will pay all charges invoiced by Beyond within seven (7) days of the date of the invoice (unless otherwise agreed in writing).  

 

Further Engagement

Where, within six (6) months of the termination of an Assignment or the most recent referral of a Temp to the Client:  

  • The Client engages the Temp as an employee or as an independent contractor; or
  • The Client introduces the Temp to another person or organisation and that person or organisation engages the Temp as an employee or as an independent contractor,

 

The Client will pay a fee calculated in accordance with Beyond Services’ schedule of charges for permanent or temporary staff (as appropriate).  

 

Buyouts & Conversions

Temp to Perm schedule

0-3 Months                         100%

3-6 Months                         75%

6-9 Months                         50%

9+ Months                          25% 

 

Cancellations

Any cancellation of an Assignment by the Client must be advised to Beyond at least twenty-four (24) hours before the Assignment is due to commence or, if this is not possible, as soon as practicable.  If the Client advises Beyond of a cancellation within twenty-four (24) hours of the commencement of an Assignment, the Client will be liable to pay Beyond a fee equal to four (4) hours at the hourly charge out rate of the Temp.  

 

Insurance

The Temp is not covered under Beyond’s insurance policy. The Client undertakes to ensure that the Temp is adequately insured against any liability to third parties arising out of the Temp’s acts or omissions while in the course of an Assignment. The Temp shall not be required to use his or her own vehicle for the purposes of an Assignment.  However, where the Temp 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 Temp, to the extent that it is not covered by the Temp’s own insurance cover.

 

Substitution of Temporary Employee

Beyond, at its sole discretion, may substitute one Temp for another on any Assignment.  

 

Compliance with Legislation

The Client agrees to provide a safe workplace for the Temp and will comply with all legislative and regulatory requirements relating to employees, including but not limited to health and safety, human rights and the Employment Relations Act 2000.

If the Temp is injured, or subjected to any breach of any statute or common law while on Assignment with the Client, the Client will indemnify Beyond in respect of any liability resulting from the injury or breach including (but not limited to) any:

  • Claims brought by the Temp against Beyond Services arising out of their assignment with Beyond;
  • Damages or penalties imposed on Beyond under any Act or Regulations;  
  • Payments to be made by Beyond under the Injury Prevention and Rehabilitation and Compensation Act 2001 (and amending or substituting legislation), including indemnifying Beyond for any increases in levies paid by Beyond under the Act as a result of an injury or the accident causing the injury.  

 

Nature of Relationship between Temp and Company

The parties agree that Beyond employs the Temp and that the Temp while on Assignment is not and will not become an employee of the Client.  

 

Details of Assignment

The Client agrees to provide to Beyond, the following details relating to the Assignment before the Temp starts work on the Assignment:  

  • A description of the work to be performed; and
  • An indication of where the Temp is to perform the work; and
  • An indication of the hours to be worked by the Temp; and
  • The Client’s Health and Safety policies and/or procedures.  

 

The Client understands that the above details in clause 13.1(a)-(d) are required by Beyond in order to comply with the requirements of the Employment Relations Act 2000, and its obligations under the Health and Safety in Employment Act 1992 If the Client fails to provide this information before the commencement of the Assignment, Beyond may not be able to provide the Temp in which case, Beyond will not have breached this agreement.

The provisions of this clause continue to bind the parties after an Assignment has ended.

 

Health and Safety

The Parties recognise that both have obligations to the Temp under the Health and Safety in Employment Act 1992. As the Temp will be on the Client’s premises in order to complete the Assignment, the Client will ensure that the Temp receives appropriate training and induction in the safe operation of any equipment needed to perform the Assignment, emergency procedures, and the safe performance of the Temp’s duties. The records of such training and induction shall be made available to Beyond on request.

  • The Client shall take all practicable steps to ensure that no hazard that is or arises in the Temp’s place of work causes harm to the Temp.
  • The Client shall ensure that the Temp wears and/or uses any protective clothing and/or equipment required in performing the Assignment.
  • The Client shall nominate a contact person with whom the Temp may confer in the event of any health and safety issues or concerns.
  • The Client shall immediately inform Beyond in the event of any incident, accident or near-miss involving the Temp.
  • In the event that Beyond (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 Temp, Beyond shall be entitled, without penalty to withdraw the Temp (but without releasing the Client from liability to pay the agreed rates as set out in this agreement). If within a reasonable time the hazard is not eliminated, isolated or minimised to Beyond’s satisfaction, Beyond shall be entitled to terminate the Assignment, and the Client shall pay the late cancellation fee set out above. 

 

Governing Law

These Terms and Conditions are governed by New Zealand law.

These Terms and Conditions are binding on, and for the benefit of, the successors of the Client and the successors and assigns of Beyond.

The Client may not assign this agreement without the prior written consent of Beyond.

 

Overdue Payment

  • Beyond may require interest to be paid on any amount which is more than seven (7) days overdue.  Interest will be calculated at the rate of 5% above Beyond’s main trading bank’s 90 day bank bill buy rate, as at the close of business on the date payment became due.
  • The Client will be liable to pay any costs of recovery of overdue amounts including legal costs on a solicitor/client basis.
  • The Client authorises Beyond to register a charge on the PPSR Register, securing any amounts remaining unpaid by the Client to Beyond.
  • If the Client does not pay any amount notified as overdue within five (5) working days of such notice, they irrevocably authorise Beyond to withdraw the services of the Candidate (but without removing obligation to pay the Candidate), until such overdue amounts are paid with interest and costs, as applicable. 
  • For recruitment and consulting services of a substantial value, Beyond may require a personal guarantee of payment from a Director.