Terms of Business
Permanent and Fixed Term Recruitment
Rice Consulting provides recruitment, consultancy, and contracting services.
2. Rice Consulting Candidate
Any Candidate referred and presented by Rice Consulting remains a Rice Consulting Candidate for a period of twelve (12) months following original presentation or conclusion of a contract Assignment. If the Candidate is hired by the Client, or any other organization to which the Client has referred the Candidate or sub-contracted the Candidate to, in any position, whether temporary or permanent, within this twelve (12) month period, then the normal Rice Consulting Terms of Business and Fees will apply. All contact with the Candidate is to be channeled through Rice Consulting.
3. Service Fees and expenses
3.1 Service Fees are incurred at the time the Candidate commences any commercial arrangement with the Client and are payable in accordance with Schedule 1 or as otherwise agreed between Rice Consulting and the Client in writing.
3.2 Expenses payable by the Client for permanent placement of a Candidate (these might include, for example, fees for psychometric, intelligence or aptitude testing by a third party professional consultancy or background and police checks) are payable in accordance with clause 3.3 or as otherwise agreed between Rice Consulting and the Client in writing.
3.3 All fees and/or expenses are payable strictly within 14 days of Rice Consulting’s invoice date. Fees unpaid within 14 days of invoice date will attract interest at the then current ANZ overdraft rate from invoice date until date of payment.
3.4 Amendments to the above terms shall only apply where: (a) it has been approved in writing by Rice Consulting; and (b) where the Client pays the invoiced amount in full as per the Payment Due Date referred to in Clause 3.3. If the invoiced amount is not paid in full by the Client as per the Payment Due Date referred to in Clause 3.3, any agreed amendments to this Contract and/or the Service Fee, will be invalidated and Rice Consulting’s usual terms apply.
3.5 Unless otherwise expressly stated, all fees or other sums payable or paid under these terms and conditions are exclusive of any taxes (eg GST) imposed or charged by any relevant authority (in New Zealand or in any other jurisdiction) and such taxes shall be borne by the Client.
4. Permanent Placement Fees
Permanent placement means the permanent or fixed term employment of a Candidate with the Client or a related entity of the Client or the permanent or fixed term engagement of the Candidate on a contract basis by the Client or a related entity of the Client.
5. Replacement guarantee
5.1 If the requirements set out in this clause 5 are met, Rice Consulting provides a replacement guarantee for Candidates who are the subject of a permanent placement with the Client.
5.2 If a Candidate referred to in clause 5.1 ceases employment with the Client within 12 weeks of commencement of such employment (“Guarantee Period”), and the requirements below are met, Rice Consulting will endeavour to find a replacement Candidate for the position.
5.3 The replacement guarantee only applies if:
(a) All fees, charges and expenses owing by the Client in respect of the placement of the original Candidate have been paid in full in accordance with the payment terms set out in clause 3 and Schedule 1, and the Client has no other amounts outstanding to Rice Consulting beyond agreed trading terms;
(b) The request to replace the Candidate is given exclusively to Rice Consulting;
(c) Rice Consulting is notified within 7 days of the cessation of the Candidate’s employment or prior to expiry of the Guarantee Period (whichever first occurs) that the Client wishes to invoke the guarantee;
(d) The original job description and assignment specification does not alter; and
(e) There is not an unreasonable delay by the Client in instructing Rice Consulting to source the replacement Candidate.
5.4 The replacement guarantee does not apply:
(a) If the Candidate’s employment ceases for reasons beyond Rice Consulting’s control such as redundancy, restructuring, economic circumstances, company closure, change of management or substantial change from the original job description; or
(b) The replacement guarantee only relates to the specific vacated position, which Rice Consulting originally recruited for. Where the Client of its own efforts or volition, either directly or indirectly sources a replacement Candidate for the vacated position, Rice Consulting is not obliged whatsoever to make any efforts of its own to find a replacement Candidate nor to repay any Service Fees paid by the Client to Rice Consulting.
5.5 The replacement guarantee is not transferable to other placements or recruitment services, and the Client is not entitled to any credit or refund for replacement guarantees that the Client does not wish to pursue or which are undertaken by Rice Consulting but not completed due to no fault of Rice Consulting.
5.6 If the remuneration package of the replacement Candidate increases from that of the original Candidate, the service fees invoiced by Rice Consulting to the Client for the original placement will be adjusted accordingly.
5.7 If Rice Consulting is unable to discharge its obligations under this guarantee, a credit equal to the amount of the original fee for the permanent placement of the first Candidate will be provided against all future amounts that may become owing to Rice Consulting by the Client, but no refunds will apply.
6. Limitation of Liability and indemnity
6.1 Whilst Rice Consulting makes all reasonable efforts to maintain a high standard of candidates and provide proper details of their qualifications and experience, such details are based on information provided to Rice Consulting by the candidate, their referees and other third party organisations as relevant. Accordingly, Rice Consulting is not liable for any errors, omissions, inaccuracies or incorrect conclusions contained in or arising from such information. Clients are responsible for the final recruitment decision and must satisfy themselves as to the suitability of the Candidate.
6.2 Rice Consulting is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by the Client, or for which the Client may become liable, arising from:
(a) The introduction by Rice Consulting of Candidates (or delay in any such introduction); or
(b) The failure of a Candidate to accept an offer of employment or contract.
6.3 The Client indemnifies Rice Consulting, and must keep Rice Consulting indemnified, on a full indemnity basis in respect of all losses, liabilities, costs or claims arising from or related to:
(a) The actions or omissions of a Candidate in performing their employment or contract for the Client,
(b) Any failure or alleged failure of a Candidate, to duly perform his or her obligations to the Client;
(c) Personal injury or death of a Candidate, or any other person how so ever arising from, or related to the performance by a Candidate of his or her obligations to the Client;
(d) Damage to any property arising from, or related to the performance by a Candidate, of his or her obligations to the Client; and
(f) Any omission, inaccuracy or conduct of the Client in relation to engaging the services of Rice Consulting.
6.4 The Client further indemnifies Rice Consulting and must keep Rice Consulting indemnified, on a full indemnity basis in respect of all claims related to the Candidate’s employment or contract with the Client, including but not limited to termination of the employment or contract by the Client.
6.5 The parties agree that Rice Consulting’s liability arising out of or in connection with any contract incorporating these terms and conditions or the performance of obligations under such a contract is limited to the amount equal to the total amount paid to Rice Consulting by the Client under the contract
Any provision of these terms and conditions which is or becomes illegal, void or unenforceable in any jurisdiction is severable, and such provision will be ineffective in that jurisdiction to the extent of illegality, validness or unenforceability and will not invalidate the remaining provisions of these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
Rice Consulting’s Service Fee is calculated as a percentage of the first years’ income of the successful Candidate. This income is defined as a base salary plus allowances which includes car or car allowance, health insurance and any guaranteed bonus.
Placement Fee: 15%
If the successful Candidate is engaged by a Client for a term of less than 6 months then Rice Consulting’s fee will be calculated on a minimum 6-month pro rata basis. For example, if the Contractor is paid an annualised fee of $100,000 for a 4-month assignment, then the fee payable by the Client to Rice Consulting would be 15% of $50,000. All fees are ‘plus GST’.
Company Name: Rice Consulting t/a Rice & Co
Director: Jonathan Rice
Physical Address: Level 4, 5 High Street, Auckland
Postal Address: PO Box 484, Shortland Street, Auckland 1140, New Zealand