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Terms and Conditions: Real Estate

These terms and conditions apply to all services provided by Sugar Recruitment (a division of Sugar New Zealand Limited) relating to the location, identification and introduction of candidates for employment directly by the client.

1. In these Terms and Conditions:-

Candidate(s): means a person or persons introduced by Sugar Recruitment to a Client for the purposes of assessing his/her suitability for employment by the Client and includes a person introduced to a third party within the scope of clause 8.

Client: means a person or company who has engaged Sugar Recruitment for the purpose of locating, identifying and introducing Candidates for assessments as possible employees.

Employ: means to agree to pay a person for work performed or services provided, whether as an employee, independent contractor, or agent, or through any other type of arrangement, and Employment and Employed have corresponding meanings.

Sugar Recruitment (SR/SNZL): means a division of Sugar New Zealand Limited, registered offices L3, 7 Falcon Street, Parnell, Auckland.

2. Offering employment, interviewing or meeting of any candidate(s) whose name(s) has been provided by SR/SNZL, or requesting services from SR/SNZL, will be treated as acceptance of these terms and conditions despite anything stated to the contrary in any request for services or similar document.

3. To enable fees to be calculated, the Client will notify SR/SNZL of the agreed Gross Annual Package and will provide SR/SNZL with a copy of the offer letter and employment contract if requested.

4. All fees will be charged at SR/SNZL’s standard fee structure, unless otherwise agreed in writing. Fees may be changed from time to time by written notice, effective immediately. All amounts owing SR/SNZL are payable within 7 days of date of invoice. All fees exclude GST unless stated otherwise, and where applicable GST will be charged at the prevailing rate.

5. Advertising accounts are payable immediately on receipt. If the Client cancels an advertisement then the full cost of the advertisement will be payable by the Client less any refund actually received by SR/SNZL from the press and/or agents. All related art work and production charges in any event shall be payable by the Client within 7 days of receipt of invoice.

6. The Costs of Candidates' air travel and video conferencing will be payable by the Client where the Client has previously agreed to pay those expenses.

7. Where a Candidate's name has been given to the Client and the Candidate is initially rejected by the Client or the Candidate initially rejects the Client's offer of employment, and is subsequently employed by the Client in any capacity within 12 months the normal fee will be payable.

8. In the event that a Candidate is employed by an associated person of the Client within 12 months of Sugar Recruitment introducing the Candidate to the Client; or the Client introduces a Candidate to a third party and the third party employs the Candidate, the same fee shall be payable by the Client to whom the Candidate was originally introduced as if that Client had employed the Candidate.

9. While no rebate is given, should the engagement of any Candidate terminate within a period of 12 weeks (including the period of notice) from the date of engagement, SR/SNZL shall use its best and reasonable endeavours to locate a suitable replacement for the Client at no extra cost, provided that:-

  1. the Candidate resigns voluntarily (and not due to an act of constructive dismissal), or the Candidate is justifiably dismissed due to misconduct, poor performance or the Candidate's lack of capacity, and not as a result of any redundancy (which includes technical redundancy and redundancy for restructuring purposes); and
  2. the Client has paid all amounts owing to SR/SNZL.
  3. the Client recruits for the same position within 6 months.

10. Where an assignment is accepted on a retained basis and the Client subsequently cancels the assignment, the retainer fee and interim fee together with any advertising or other costs will become due and payable immediately. If within 3 months of cancellation the Client requests SR/SNZL to recommence the same or a subsequently similar assignment a credit of an amount determined by us in our discretion will be allowed against the initial retainer fee.

11. When a Client hires an additional Candidate from the short list submitted by SR/SNZL, the full fee is payable.

12. SR/SNZL warrants that it will provide services with all due care and skill. No other warranty will be implied against SR/SNZL by any statute, at common Iaw, or otherwise, and no representation, condition or warranty will bind SR/SNZL unless it is in writing and signed by a duly authorised officer of SR/SNZL. SR/SNZL will have no liability or responsibility to the Client or to any other party for any direct, indirect or consequential injury, loss or damage however caused or of whatever type except for any deliberate or willful act of a servant or agent. Without limiting the above, SR/SNZL will have no liability in respect of:

  1. any failure by a Candidate to comply with his/her terms of employment or to perform to any particular standard;
  2. any false, misleading, inaccurate or incomplete information relating to any Candidate (whether supplied by SR/SNZL, the Candidate or any other person or company), or any failure to supply information; or
  3. any loss arising out of any act or omission of Candidate, or otherwise out of a Candidate's employment by the Client.

SR/SNZL will not be in breach of these terms and conditions because of any failure by SR/SNZL directly or indirectly due to any cause beyond the reasonable control of SR/SNZL.

Without restricting the limitations in the liabilities of SR/SNZL as set out in this clause 12, if SR/SNZL are found to be liable to the Client, then the liability of SR/SNZL is limited to the amount of the fee for the services in respect of which such liability arises.

I3. Where payments for fees are not made by the due date then, without prejudice to its other rights and remedies, SR/SNZL may require the Client to compensate SR/SNZL by paying interest as liquidated damages on the amount due from 7 days after the due date until the date of payment at a rate equal to 2% above the standard bank overdraft rate. The Client will remain liable for the full amount outstanding notwithstanding this clause.=

14. SR/SNZL will charge a fee of 25% when a placement is made where the Applicant will be sourced from outside New Zealand.

15. If any of these terms is held by a Court to be illegal or unenforceable, that term will be severed from all other terms without affecting the validity or enforceability of all other terms.

No exercise or failure to exercise or delay exercising any right or remedy by SR/SNZL will constitute a waiver of that or any other right or remedy, and no waiver will be effective unless it is in writing and signed by an authorised officer of SR/SNZL.

Any variation of these terms and conditions must be agreed to in writing by SR/SNZL management.

Fees

  1. $4950.00 + GST to find a Sales Person for the real estate client (A one off flat fee)
  2. $6950.00 + GST to find a Sales Person for the real estate client + Sugar International Training (3 days of full training up-front, once the candidate has signed the contract with the client and 1 full days training 3 months after the candidate has been in the role) (a one off flat fee)
  3. $5,950.00 + GST to Search & Select the right candidate for the real estate client other than a Sales Person.
  4. A negotiable fee based on the Search & Selection of a candidate for a Senior Position within the real estate business.

NB: Payment may be split into three stages if the client so wishes. This is commonly known as a Retainer Fee.

Advertising and Expenses

All agreed advertising costs to be charged to the client, inclusive of GST.

The client receives free candidate testing through Sugar Recruitment.