SOS Terms of Business
SOS’ Permanent Terms of Business
Coolamon Holdings Limited trading as SOS Recruitment (“Company”) provides recruitment services to individuals and organisations whereby candidates (“Candidates”) are recruited into permanent roles (“Placements”) in line with these terms and conditions (“Terms and Conditions”).
SOS understands well that the recruitment industry is very competitive. We position ourselves as a down-to-earth and “real” provider but very much at the premium end of the market where service, relationships and quality are paramount – and where decisions are not made based solely on price. We are strong supporters of the well versed sayings – “You pay for what you get” and “You pay peanuts – you get monkeys!”
That said, we are more than confident that once Clients experience the SOS difference, they will be repeat Clients and price will be less of a driver. In this regard, we provide mid range, competitive pricing to ensure we are never forced to cut corners or compromise service and standards.
Permanent Placement Fee Schedule
Note: Executive Search assignments excluded from the above fees. Refer to the Searches Section.
CONTINGENT Contingent assignments are where the Company is engaged in an assignment by a Client with no absolute commitment to a single recruitment company or provider (ie. the Client may deal with more than one agency in need) OR recruit someone themselves. In this instance there is no fee payable to the Company unless they successfully place a candidate with the Client. The Company generally avoids these assignments as they provide the least effective solution for all parties with recruiters normally providing limited commitment to the Client given the risk/reward for such assignments – instead focusing their energies on “Exclusive” and/or “Retained” assignments where full commitment is agreed and accepted by both parties. Contingent assignments regularly run for long periods without success due to the limited focus provided by the agencies involved.
EXCLUSIVE Exclusive assignments are exactly what the name suggests. They provide the Company with a 100% exclusive agreement to source, screen and appoint a candidate for the Client. This means no other recruiter will be utilised and any candidates referred to the Client by other sources (other agencies, internal applicants, family and friends) will be referred to the Company and progress through the standard Company recruitment process applicable to all other candidates. This ensures that (1) the process is consistent for all candidates; (2) the process is fully contestable and; (3) the Client remains slightly removed from the initial process which is necessary in sensitive situations where internal candidates and/or family/friends apply for the role. Should a candidate be appointed that was initially sourced by the Client and not the Company, the Company will apply a 20% discount to the standard fee for this placement.
(continued) SOS’ Permanent Terms of Business
EXCLUSIVE (continued) Although an exclusivity arrangement is aimed to deliver a clear and guaranteed commitment to both Client and Company, SOS understands the appointment of a suitable candidate also needs to be time bound. As such, SOS commits to allowing the Client to utilise options outside the exclusivity agreement with SOS IF SOS fails to fill the position, or have quality short-listed candidates scheduled for interview, within 6 weeks of the commencement date of the recruitment assignment. In this instance SOS must be permitted to continue presenting suitable candidates in competition to any alternate options the Client decides to engage.
If an Exclusive assignment is cancelled for any reason prior to a successful placement by the Company a Minimum Charge and/or Cancellation Fee will apply (refer Minimum Charge and or Cancellation clause below).
EXPENSES Any out-of-pocket expenses incurred by the Company, such as interviewing candidates in a location away from our normal office, will be invoiced at cost. STD, International phone calls and courier charges (within reason) are included in our fee.
FEE CALCULATION The Client undertakes to pay the Company a fee in line with the preceding table. The rate applicable to the Salary Package (or annual equivalent), as defined below, will be multiplied by the Salary Package to arrive at the fee payable to the Company.
GUARANTEE Should a candidate cease employment within twelve (12) weeks of commencement date, the Company will undertake to supply a replacement at no additional cost. This guarantee does not apply if the candidate is no longer employed for reasons beyond the Company’s control, for example redundancy, company closure, restructuring, change of management or significant change in job description. Guarantees do not apply to replacement candidates and are dependent on invoices being paid by the due date. Guarantees are valid for six (6) months from departure date of the original placement. Note that this initial 12 weeks is very much a “mutual responsibility” period and all parties must strive to achieve success with the Client ensuring the new employee is given a robust induction and all necessary training and support during the early stages of their tenure.
INVOICING With the exception of retained assignments (refer separately), the Company will invoice the Client for the applicable fee once there has been an offer and acceptance of the available position with the Company’s candidate. Note that the invoice is then payable within Seven (7) days and not on the agreed candidate employment commencement date.
MINIMUM CHARGE Where the Company undertakes an “Exclusive” assignment for the Client, the
and/or Client accepts that if the assignment is cancelled by the Client, for any reason, prior to a successful placement being made, or prior to the end of a
CANCELLATION FEE designated “Exclusive” period, a Minimum Charge and/or Cancellation Fee of $3,500 will be payable by the Client to the Company to compensate for the work completed for the duration of the assignment.
(continued) SOS’ Permanent Terms of Business
RETAINED BRIEFS Where the Client and the Company agree that an assignment is to be conducted on a retained basis, the total fees shall be calculated in accordance with the Company Permanent Rate Fee Schedule outlined in these Terms of Business. However, assignment fees shall be invoiced in three instalments, being:-
SALARY PACKAGE The Salary Package dollar amount used for the calculation of Permanent Placement fees includes:
SEARCHES Fees will be negotiated on a case-by-case basis for Executive Search assignments based on a number of factors such as salary package, location, difficulty of the assignment etc. The fee structure and conditions must be agreed in writing prior to the commencement of the assignment, however, due to the time consuming and complex nature of such engagements they attract a premium of between 10% - 15% in addition to the rates outlined earlier in this proposal.
SOS’ Temporary Services Terms of Business
Coolamon Holdings Limited trading as SOS Recruitment (“Company”) provides temporary staff (“Temp”) to individuals and organisations on temporary assignments (“Assignments”) in line with these terms and conditions (“Terms and Conditions”). Temp rates vary significantly, as with all agencies, based on what we have to pay the Temp for the assignment - plus a margin.
The specific rate depends on a number of factors such as the type of job, experience of the candidate/temp, duties to be performed, location of the assignment and the availability of qualified/experienced temps. As an indication, the following hourly rate ranges are a "ball park" for SOS clients to consider as a guide, although each assignment must be priced on its merits.
Standard Temp Fee Schedule (sample ranges only)
Note: These hourly rates are a guideline costing relative to standard temporary assignments. For large volume, preferred supplier agreements or special projects, costings are individually tailored following consultation. Service rates for contractors and senior can be quoted specific to project, or upon request. These rates are GST exclusive.
FEE CALCULATION The Client undertakes to pay to the Company a fee to be calculated in accordance with the following formula:
GUARANTEE No charge will be made if a Company Temp proves unsatisfactory for any reason and the Company is informed within the first three (3) hours of the assignment commencing.
(continued) SOS’ Temporary Services Terms of Business
INVOICING The Temporary employee is paid weekly by the Company. Therefore payment of the fee is due strictly within seven (7) days of its submission by the Company to the Client.
If the fee has not been paid within seven (7) days of its submission by the Company to the Client, the Company reserves the right to charge interest on the outstanding balance at the rate of 15% per annum, accrued daily. Note also that the Client will be responsible for any/all costs incurred by the Company in obtaining payment of overdue invoices outstanding 60+ days beyond the original due date.
A claim or dispute raised by the Client does not entitle the Client to set off against, or withhold payment of, any money owed to the Company.
LIABILITY The Company makes every effort to ensure that the Client is satisfied with the provision of services under an Assignment. However, the Client:
a) Will supervise, direct and control the Temp while on Assignment; and
b) Is responsible for all acts and omissions of a Temp
The Company will not be liable for any loss, damage or expense suffered by the Client resulting from the acts or omissions of a Temp or from any delay or failure by the Company to refer a Temp to the Client.
The Client indemnifies the Company against any loss, damage or expense suffered by the Company arising from any act or omission of a Temp on Assignment to the Client.
MINIMUM CHARGE A minimum charge equal to four (4) hours at the rate agreed for the Temp is payable for each day of an Assignment regardless of whether less than four (4) hours is actually worked. Note that this minimum charge becomes payable once the temp booking is confirmed - not once the temp commences work.
RATES The per hour rate to be charged for a Temp will be agreed between the Company and the Client prior to each Assignment, subject to rights of variation provided for under this Contract. Note that the agreed rate includes allowances for SOS Recruitment to pay/absorb Holiday and Sick pay allowance to our temps as well as other administrative and/or legislative costs such as ACC etc. It does NOT cover payment to temps for Stat/Public Holidays which all Temps are entitled to be paid if they are working, in the normal course of their assignment with a given client, on the day prior to and following a Stat/Public Holiday(s). In this instance, the client will be charged for the average daily hours worked across the previous week and the Temp paid by SOS Recruitment accordingly.
STAT/PUBLIC HOLIDAYS Refer to Rates (above).
TEMP TO PERM The services provided by the Company are made possible only through the significant expenditure of time and money on the recruitment, testing and training of its personnel. Where within six months of the termination of a Temp Assignment or the most recent referral of a Temp to the Client:
a) The Client engages the Temp as an employee or as an
independent contractor; or
(continued) SOS’ Temporary Services Terms of Business
The only exception to this policy is where a Temp is working an average of 30+ hours per week with a Client for a period greater than 4 weeks. In such instances, the following discounts will apply:
WITHDRAWAL The Company may withdraw any of its Temp staff on Assignment with the Client at any time if the Client does not comply with these Terms.
WORK SAFETY The Client will provide the Temp employee with a safe place to work at all times in compliance with the Health and Safety in Employment Act 1992.
If the Temp is injured whilst working for the Client, the Client will indemnify the Company in respect of any liability resulting from injury including (but not limited to):
(a) Any claims brought by the Temp against the Company, which arise under common law;
(b) Any penalties imposed on the Company under the Act, Regulations or delegated legislation including the Health and Safety information recorded in the Employment Act 1992;
(c) Any payments to be made by the Company under the Accident Rehabilitation Compensation and Insurance Act 1992, including any increases in the levies paid by the Company under the Act as a result of the injury, or the accident causing injury.
SOS’ General Conditions
These Terms apply to all services provided by the Company, subject only to variation agreed by both parties, and confirmed in writing prior to any referral of candidates by the Company. Where not expressly agreed to, these Terms will be deemed to have been accepted by the Client in the event that they accept any service or referred candidate or placement of any Permanent employee, Contractor or Temp worker by the Company.
The Company interview candidates and obtain details from them of their qualifications, skills and experience, which we record and retain. The information contained in our assessment and report is therefore based on details supplied to us and is correct to the best of our knowledge. No responsibility, however, is accepted for errors or omissions or incorrect conclusions.
Whilst we endeavour to select candidates we consider will be most suitable to Client needs, we can accept no liability on behalf of ourselves, our servants or agents for any loss or damage, costs of compensation, however caused, which Clients may suffer or for which Clients may become liable, arising out of, or in connection with, or as a result of the introduction by us to Clients, of any candidate.
Where practical, we obtain verbal references from past employers in respect of all permanent and temporary candidates, forwarding these to our Clients for review.
When Clients interview a candidate, they must satisfy themselves as to his or her qualifications, capability, integrity and suitability to the position specification. The Company does not carry out medical examinations, nor do we ask candidates about their medical history or condition, except for their general state of health.
Clients must notify the Company immediately when a candidate introduced by the Company is offered a position within the Client organisation and/or if any issue/concern should arise following a permanent placement within the guarantee period.
Should a Client introduce a candidate, that the Company introduced to them, to another individual or organisation and that other individual or organisation subsequently engages that candidate, then the Client will be liable for the full fee, just as if the Client themselves had engaged that candidate.
If the Client takes on a Company candidate for a Temp or Contract Assignment and then at a later date, within six (6) months of the completion of that Temp or Contract Assignment, the Client agrees to engage that Temp in a permanent post or make use of that temporary in a permanent post, otherwise than on our introduction, or if you without yourself agreeing to engage that temporary, introduce him or her to some other person or body and that person or body subsequently engages or makes use of that temporary, then in any such event, you must notify us at once in writing of the fact and you will be liable to us for the introduction fee for permanent staff.
Any variation to our stated fee schedule or guarantee is also void unless it has been expressly agreed to in writing by an authorised Company representative.
Unless otherwise detailed, terms applicable to Temps also apply to Contractors where applicable.
These Terms and Conditions are accurate as at 1st January 2016. That said, the Terms of Business are subject to change by the Company at any time without prior notice and should be confirmed as required with the Company at the time of entering into any new service agreement. Our updated terms are also available on our website at: www.sos.co.nz