Terms of Use

PLEASE READ.

1. THE PARTIES

1.1. (the “Client”, “You, Your”)

1.2. Madfli Limited T/A Enterprise & Staffing Innovations NZ – EASI NZ (the “Service Provider”, Us, We, Our)

2. AGREEMENT OVERVIEW

2.1. This Agreement represents the Terms of Business (“ToB” or “Terms”) between the Client and the Service Provider for Human Resource Support, Recruitment Services and/or Health and Safety (Service/s). The scope of specific Services will be outlined in a dated Schedule A, attached to this agreement.

2.2. This Agreement outlines the parameters of all Services covered as they are mutually understood by both parties.

2.3. This Agreement remains valid until superseded by a revised Agreement or a subsequently dated Schedule A, contract variation, or addendum, mutually endorsed by both parties.

3. TERM

3.1. This Agreement is valid from the date services are commissioned and will end at the completion of a project or, when terminated subject to Clause 12 of this Agreement.

4. GOAL, PURPOSE, AND OBJECTIVES

4.1. The goal of this Agreement is to set mutual expectations for the provision of Services between the Client and the Service Provider. The purpose of this Agreement is to ensure that the proper elements and commitments are in place to enable the Service Provider to provide consistent Services to the Client, including effective and efficient resolutions to queries from the Business Owners, Business Managers and Staff as appropriate.

4.2. The objectives of this Agreement are to:

- Deliver impartial, timely and objective Services acting in the best interests of the Client at all times,

- Provide a seamless contact point for all Client queries,

- Be responsive to the needs of the Client,

- Be honest and open in our relationships and seek to build collaborative relationships based on trust and confidence,

- Provide efficient, effective, and financially prudent solutions for staffing processes and procedures,

- Utilise staff feedback, where possible, to enable informed decisions around continuous improvement and development.

5. BUSINESS STRATEGIC RELATIONSHIP

5.1. The Client will provide the Service Provider with all relevant business operating information including current business practices and policies as required to ensure advice and work completed for the Client is relevant to the business going forward.

6. CONFIDENTIALITY

6.1. The Client can expect the Service Provider and any Representatives, named or otherwise, to keep all dealings relating to the Client’s business and staff confidential unless expressly authorised otherwise by the Client in writing.

6.2. The Client authorises the Service Provider to

6.2.1. Collect, use, and retain any information about the Client for the purpose of assisting them to develop, implement and review their Human Resource and Health & Safety plans, apply for industry accreditation or any other purpose relevant to providing the agreed Services.

6.2.2. Disclose any information about the Client whether collected by the Service Provider from the Client directly or obtained from another third party for the purposes of facilitating the agreed Services in relation to the relevant obligations under New Zealand law.

7. INTELLECTUAL PROPERTY

7.1. All materials produced by the Service Provider and/or their representatives in relation to the Client’s business whilst working either on-site or remotely for the Client, will remain the property of the Client.

8. FEES AND PAYMENT

8.1. Applicable fees as agreed are outlined in Schedule A. Payments are subject to GST and will be due on receipt.

9. KEY PERFORMANCE INDICATORS (KPIs)

9.1. The key performance indicators will be agreed and outlined in Schedule A.

10. SERVICE LEVEL REVIEWS

10.1. The agreement will be subject to service level review of the identified KPIs as outlined in Schedule A. The purpose of these reviews is to establish a two-way dialogue with a view to improving efficiencies and performance within the Client’s business and of services provided by the Service Provider.

11. DISPUTE RESOLUTION

11.1. Where there is a dispute between the parties that cannot be resolved via the normal channels of communication, independent mediation advice will be requested.

12. NOTICE OF TERMINATION

12.1. Services can be terminated immediately, in writing. Upon notice of termination of a partially completed project, all hours completed prior to the notice of termination will be charged as per Schedule A of this Agreement.

12.2. Hours that are legally required to be completed on partially completed projects after the notice of termination, will be charged at the agreed charge rate. This will include any reporting or required handover of critical information, if any.

12.3. In relation to the Client’s intellectual property, Clause 7 will apply.

13. WAIVER

13.1. Advice provided to the Client is done so in ‘Good Faith’ and all efforts are taken to ensure that only relevant and accurate information is provided. Business decisions remain the responsibility of the Client.

13.2. The Client agrees and understands that their Health and Safety obligations cannot and will not be contracted out to the Service Provider. Our representatives operate in a purely advisory capacity and cannot accept any liability for fines or reparations that may be issued to the Client in relation to Health and Safety legislation

13.3. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Service Provider against all damages, liabilities or costs including reasonable legal fees, arising out of or in any way connected with this Agreement, excepting only those damages, liabilities, or costs attributable to the negligent acts or negligent failure to act by the Service Provider.

14. DUE AUTHORITY

14.1. These Terms shall be governed by and construed in all respects in accordance with New Zealand law.

15. DECLARATION

15.1. The parties to this Agreement declare that they have read and understood the terms and conditions of this entire Agreement and accept them fully.

Contact Information

Mailing address:

Madfli Limited Trading As Enterprise & Staffing Innovations NZ (EASI NZ)
20 Moraine Place
Lake Hawea,
RD2 Wanaka,
Otago, 9382
New Zealand

Contact email: