CLARKE CONSULTING SERVICES LIMITED TERMS OF BUSINESS 

 

Clarke Consulting Services Limited provides contracting services. The contracting services are provided on a contract basis and are covered under a separate agreement. 

 

PAYMENT TERMS 

 

Clarke Consulting Services Limited invoices are issued on contract acceptance and payable as follows:  

• All invoices need to be paid within seven (7) days of the invoice date. 

• All invoices will be invoiced weekly.

 

FEE STRUCTURE 

 

Unless otherwise agreed in writing in a separate preferred supplier agreement the following Fees will apply: 

 

Permanent and Fixed Term Placements 

 

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

• Less than 4 weeks on Assignment                             15% of Full-Time Salary

• Less than 8 weeks on Assignment                             12% of Full-Time Salary

• Less than 12 weeks on Assignment                           10% of Full-Time Salary

• At the conclusion of 12 weeks on Assignment         No Fee

 

Buyouts & Conversions

 

If a Clarke Consulting Services Limited contractor accepts a permanent or fixed term position with the client (regardless of role) during the twelve (12) week period following the start of the contract, a “Permanent Placement Fee” or “Further Engagement Fee” is payable based on the scale above. However, at the conclusion of the twelve (12) week period, no fee will be required.

 

Contracting Assignments 

 

The provision of contractors is under a separate Contract for Services which contains provisions that are relevant to that service. Please refer to that document for terms and conditions. Where a contractor is taken on directly either on a contract or permanent basis (e.g. is bought out) either in the same or a different role, the above permanent placement fees will apply. 

 

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, Clarke Consulting Services Limited has endeavoured to verify relevant information. However, Clarke Consulting Services Limited cannot guarantee the overall accuracy of information contained in this report. Clarke Consulting Services Limited 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 

 

Clarke Consulting Services Limited 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. 

 

Candidate/Contractor Ownership

 

Any contractor, candidate or temporary worker (Candidate) referred and presented by Clarke Consulting Services Limited remains a Clarke Consulting Services Limited Candidate for a period of three (3) months following the date of original presentation or conclusion of a contract or temporary 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 three (3) month period, then the normal Clarke Consulting Services Limited Terms of Business and Fees will apply. All contact with the Candidate is to be channelled through Clarke Consulting Services Limited. 

 

Overdue Payment 

 

Clarke Consulting Services Limited 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 Clarke Consulting Services Limited’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. 

 

If the Client does not pay any amount notified as overdue within five (5) working days of such notice, they irrevocably authorise Clarke Consulting Services Limited 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.

 

Cancellations 

 

Any cancellation of an Assignment by the Client must be advised to Clarke Consulting Services Limited 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 Clarke Consulting Services Limited of a cancellation within twenty-four (24) hours of the commencement of an Assignment, the Client will be liable to pay Clarke Consulting Services Limited a minimum fee equal to four (4) hours at the hourly charge out rate of the Contract Worker. 

 

Government Lockdowns or Other Interceding Events – Continuing Obligation by Client to Pay 

 

The Client agrees that it must continue to pay Clarke Consulting Services Limited the full fees set out in this agreement in the event of any Government initiated Lockdown, or any other significant interceding event that is outside the control of the Contract Workers and that impacts their ability to perform work for the Client, for example – a change in the Covid-19 Alert Levels which prevents a Contract Worker from performing some or all of their normal duties for the Client. For completeness, the Client can still end an Assignment early should such circumstances arise under this clause – provided that the Client follows the notice requirements set out in the Notice Requirements for Ending an Assignment clause. For avoidance of doubt, the Client must still pay Clarke Consulting Services Limited the full fees set out in this agreement including the Notice Period. 

 

Insurance 

 

The Client undertakes to ensure that the Contract Worker is adequately insured against any liability to third parties arising out of the Contract Worker’s acts or omissions while in the course of an Assignment. 

 

Where the Contract Worker 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 Contract Worker, to the extent that it is not covered by the Contract Worker’s own insurance cover. 

 

Compliance with Legislation 

 

The Client agrees to provide a safe workplace for the Contract Worker and will comply with all legislative and regulatory requirements relating to employees, including but not limited to health and safety, human rights and the Health and Safety at Work Act 2015. 

 

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

• Claims brought by the Temporary Worker against Clarke Consulting Services Limited arising out of their assignment with Clarke Consulting Services Limited.

• Damages or penalties imposed on Clarke Consulting Services Limited under any Act or Regulations.

• Payments to be made by Clarke Consulting Services Limited under the Injury Prevention and Rehabilitation and Compensation Act 2001 (and amending or substituting legislation), including indemnifying Clarke Consulting Services Limited for any increases in levies paid by Clarke Consulting Services Limited under the Act as a result of an injury or the accident causing the injury. 

 

Where a situation or problem arises that may affect the continuation or duration of a Contract Worker’s placement on assignment, the Client agrees to contact Clarke Consulting Services Limited immediately so that it can undertake an appropriate process to address the matter. The Client agrees to provide all relevant information to Clarke Consulting Services Limited relating to any such situation or problem, and consents to the information being supplied to the Contract Worker(s) concerned where necessary. 

 

Nature of Relationship between the Contract Worker and Company 

 

The parties agree that Clarke Consulting Services Limited contracts the Worker and that the Contract Worker while on Assignment is not and will not become an employee of the Client. Where the Client wishes to engage the temp directly, the Client must consult with Clarke Consulting Services Limited and the Client will pay a fee calculated in accordance with Clarke Consulting Services Limited’s schedule of charges for permanent or temporary staff (as appropriate). 

 

Details of Assignment 

 

The Client agrees to provide to Clarke Consulting Services Limited, the following details relating to the Assignment before the Contract Worker starts work on the Assignment: 

• A description of the work to be performed; and 

• An indication of where the Contract Worker is to perform the work; and 

• An indication of the hours to be worked by the Contract Worker; and 

• The Client’s Health and Safety policies and/or procedures. 

 

The Client understands that the above details are required by Clarke Consulting Services Limited in order to comply with the requirements of the Employment Relations Act 2000, and its obligations under the Health and Safety at Work Act 2015. If the Client fails to provide this information before the commencement of the Assignment, Clarke Consulting Services Limited may not be able to provide the Contract Worker, in which case, Clarke Consulting Services Limited 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 Contract Worker under the Health and Safety at Work Act 2015. As the Contract Worker will be on the Client’s premises in order to complete the Assignment, the Client will ensure that the Contract Worker 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 Contract Worker’s duties. The records of such training and induction shall be made available to Clarke Consulting Services Limited on request. 

• The Client shall take all practicable steps under the Health and Safety Act and the guidelines of Worksafe New Zealand to ensure the workplace is safe and that no hazard that is or arises in the Contract Worker’s place of work causes harm to the Temp. 

• The Client shall ensure that they take full responsibility for providing a safe environment and any safety wear and equipment required to undertake the assignment 

• The Client shall ensure that the Contract Worker wears and/or uses any protective clothing and/or equipment required in performing the Assignment. 

• The Client shall ensure all safety precautions and risk assessments are undertaken to inform and protect the Contract Worker placed on its site/premises during a pandemic/emergency as stipulated by the Health and Safety Act, the Ministry of Health and Worksafe New Zealand stipulated under pandemic emergency alert levels 

• The Client shall nominate a contact person with whom the Contract Worker may confer in the event of any health and safety issues or concerns. 

• The Client shall immediately inform Clarke Consulting Services Limited in the event of any incident, accident, transmittable disease, be a location of interest or in the event of a near-miss accident/hazard involving the Contract Worker. 

• In the event that Clarke Consulting Services Limited (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 Contract Worker, Clarke Consulting Services Limited shall be entitled, without penalty to withdraw the Contract Worker (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 Clarke Consulting Services Limited’s satisfaction, Clarke Consulting Services Limited shall be entitled to terminate the Assignment, and the Client shall pay the notice periods and 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 Clarke Consulting Services Limited. The Client may not assign this agreement without the prior written consent of Clarke Consulting Services Limited.