Terms of Service

Purpose of these Terms

We want everyone to all be on the same page when it comes to the detail of how we will work with you, so we have prepared these terms to set out the fine print that applies to the relationship between you (the Customer) and us (Enlighten Talent Limited). By requesting services from us, you accept these terms which form a binding agreement between you and us. Unless specifically agreed with us in writing, these terms (including as updated from time to time) will apply to all services provided by us going forward.

1. Our Services
1.1   You’ve asked us to provide you with talent acquisition, recruitment services and advice. The specific services we are to provide you will be set out in our proposal or as otherwise agreed by email or during a meeting.
1.2   Any specific terms agreed in our proposal will override anything in these terms, but if you continue to engage us outside the scope of our proposal then these terms will cover those additional services.
1.3 One thing we don’t provide is legal advice, so nothing we say to you, whether spoken or written should be construed as legal advice. If you need legal advice, you should contact your lawyer, or we can refer you to a suitable lawyer.
1.4 Our advice is provided just for you, so please ask for our permission before sharing it with anyone else. No one else can rely on advice given to you without our agreement in writing.
1.5 We treat the introduction of candidates and their details as strictly confidential, and therefore expect you to do the same.
1.6 If a candidate or their details are introduced to or passed on to you (including the transfer of a candidate’s details to your database), and that introduction or transfer results in the employment or engagement on a contract basis of the candidate, you have to pay us the appropriate fee in accordance with these terms under our standard fee structure.

2. Fees and Disbursements
2.1 To give you certainty, we prefer to charge fixed fees where possible. We will calculate a fixed fee for you, based on the services requested, taking into account urgency and complexity, and provide this to you in our proposal.
2.2 If any work over and above the services in our proposal is required, we will contact you and let you know our fee for this as soon as possible.
2.3 We may require setup fees, or a deposit to cover disbursements for additional services provided by third parties (such as advertising and psychometric testing) to be paid to us in advance, before we start work on your assignment.
2.4 If you agree that travel is required, our travel expenses will be charged to you at the rate set out in our proposal.
2.5 Unless otherwise stated, our standard rates and any estimates exclude GST.
2.6 We will generally issue an invoice upon completion of our services, generally when a candidate accepts your offer by signing your employment agreement.
2.7 Our invoices are payable within 14 days of receipt (unless otherwise agreed).
2.8 We are happy to discuss any aspect of our fees with you at any time, but any queries or disputes regarding our invoices must be raised within 10 days of you receiving our invoice.

3. Suitability of Candidates
3.1 As far as practicable, we will carry out comprehensive testing and reference checking of all intended candidates. However, when you interview a candidate, you will need to satisfy yourself as to the candidate’s qualifications, capability, integrity and suitability for the role.
3.2 Accordingly, while we endeavour to select candidates we consider likely to be suitable for you, we are not liable for any loss, damage or costs however caused, which you suffer or become liable for in connection with our introduction of a candidate to you.
3.3 We do our best to verify the candidate’s experience, employment record and expectations but we will not be liable for any omissions, inaccuracies, misrepresentations or untrue statements made by a candidate or any referee speaking on a candidate’s behalf.
3.4 Please note that medical checks, criminal record checks, Police vetting, verification of qualifications and credit checks of candidates are additional services, which must be requested as part of your proposal. These are an additional cost, which could require payment in advance in accordance with
clause 2.3.

4. Replacement Guarantee
4.1 If a candidate placed with you resigns within 3 calendar months of their start date with you, then if you require, we will use our best efforts for 3 months to find a replacement for the same role for you at no extra cost.
4.2 This replacement guarantee only applies if all fees, charges and expenses owed by you in respect of the placement of the original candidate have been paid in full in accordance with the payment terms in these terms, and you have no other amounts outstanding with us.
4.3 This replacement guarantee is not transferable to other placements or recruitment services, and you’re not entitled to any credit or refund for replacement guarantees that you don’t wish to pursue or which we undertake but not completed.
4.4 Any additional advertising costs are not included in this replacement guarantee.
4.5 If the remuneration package of the replacement candidate increases from the original candidate, the invoiced amount will be adjusted appropriately

5. Protecting Your Information
5.1 Discretion and the protection of your and your business’s information is of the utmost importance to us.
5.2 We may need you to share confidential information about your business and personal information about you and your employees with us. Personal information will be held and dealt with in accordance with our Privacy Policy and the Privacy Act 2020 and any sensitive information about your business will be held in confidence.
5.3 We will ensure our employees and contractors take information security precautions and are also bound by an obligation of confidence to you.
5.4 We will not use your personal or confidential information for any purpose, other than for our business purposes; or disclose any of your personal or confidential information to any person, except with your written consent or as required by law.
5.5 We may use personal information for sending you information on the market or available candidates in your sector, publications and invitations, for internal business purposes such as invoicing and receipting, making payments to you or on your behalf and collection purposes, or for specific purposes we tell you about or you authorise.
5.6 We may disclose personal information about others to you when we represent you or advise you. You agree to take reasonable security precautions with this information and not to use or disclose any personal information we provide you for any purpose, other than for purposes related to the services we provide to you, except with our written consent or as required by law.

6. Conflicts
6.1 We may provide services to clients which operate in the same industry as you. By engaging us, you accept and acknowledge this. We will inform you if we believe a conflict has arisen, and work with you to deal with any issues that arise.

7. Safety and Wellbeing
7.1 Recruitment can be a stressful process. We promise to treat you, your staff, and candidates with respect and courtesy at all times. In return, you and your staff, agree to treat us, our staff and contractors with respect and courtesy at all times.
7.2 If you or your staff attend our workplace, you agree to follow our health and safety policies and procedures.
7.3 If our employees and contractors attend your workplace, you agree to grant them access and confirm that you have health and safety policies and procedures that comply with the Health and Safety at Work Act 2015. You agree to share these policies and procedures with our employees and contractors, who will follow these policies and procedures when at your workplace.

8. Intellectual Property
8.1 Any intellectual property rights that exist at the commencement of our engagement will remain owned by the same party that owns it at that time.
8.2 You grant us a royalty-free, non-transferrable licence to use your intellectual property rights for the sole purpose providing or using the services.
8.3 Any intellectual property rights created by us exclusively for use in providing your services will belong to you, but all other intellectual property rights created by us at any time will belong to us.
8.4 For the purposes of these terms, intellectual property includes patents, know-how, copyrights, designs, trade marks, rights in confidential information, trade, business or company names, and all or any other intellectual or other proprietary rights (whether registered or unregistered).

9. Feedback
9.1 Professionalism and quality service are important to us and our reputation. We encourage you to raise any issues with us as soon as possible, either with the individual providing you services, or our Director, Nicola van Heerden by calling her on 029 770 7936 or on e-mailing her at nicola@enlightentalent.co.nz.

10. Warranties and Limitation of Liability
10.1 We give no warranties about the services. You warrant and represent that you are receiving the services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the services.
10.2 Other than liability we can’t exclude or limit by law, by accepting these terms you agree that our total liability to you in connection with any services provided to you, whether in contract, or tort (including negligence), or arising in any other way, is limited as follows:
a. We have no liability arising from your use for our services for any loss of profit, data, savings, business, revenue, and/or goodwill or any indirect, consequential, incidental or special loss of damage of any kind.
b. Our total aggregate liability to you in any circumstances will not exceed the lesser of two times the fees paid or payable to us for the relevant services, or $50,000.
10.3 You agree that we will not be liable where our advice is based on incorrect or incomplete information supplied by you or to the extent you have otherwise contributed to the loss.

11. Non solicitation
11.1 During our engagement and for 12 months after the conclusion of our engagement you agree that you will not, without our written consent engage or employ, or seek to engage or employ (whether as an employee, contractor or otherwise) any of our employees or contractors.
11.2 Breaching this clause may also be procuring a breach of a restraint of trade agreement between us and our employee or contractor. You acknowledge that the restrictions in this clause are both fair and reasonable and intend that the restrictions are enforceable to the maximum extent permitted by law.
11.3 If you breach this clause we may claim from you, on an indemnity basis and without waiving any other rights, 25% of the annual contract or salary package that you agree with the relevant employee or contractor of ours as an introduction fee to be payable by you within 14 days of our invoice.
11.4 You agree that this introduction fee is a genuine pre-estimate of the loss suffered by us if this clause is breached, and that the liquidated damages have principally (but not exclusively) been calculated off the recruitment fees that would be payable for the replacement of our employee or independent contractor and the lost productivity associated with having to integrate a replacement employee or independent contractor.

12. Termination
12.1 Generally, our engagement will terminate on completion of our services. However, either of us may, for good cause, terminate our engagement at any time by giving one week’s written notice. You agree to pay our fees for our services undertaken and for other charges incurred up to the time of termination (including charges incurred within the notice period).

13. Severability and Waiver
13.1 Any illegality, unenforceability or invalidity of a provision of these terms does not affect the legality, enforceability or validity of the remaining provisions of these terms.
13.2 To waive a right under these terms, that waiver must be in writing and signed by the waiving party.

14. Governing Law
14.1 These terms are governed and construed in accordance with the laws of Aotearoa New Zealand. We both irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand with respect to any matter arising from the services or these terms.