Client Terms of Business

 

Akotime (“Akotime”, ‘we”, “our”, “us”, “A division of the Talk Recruitment Company”) provides Professional Development and Management Services (“Services”) between facilitators (“Contractors”) and ECE centres, schools, and educational organisations (“Clients") via our website (www.akotime.co.nz) and web and mobile applications (each a “Site”). All use of the Services and a Site is subject to these Terms & Conditions. References in these Terms & Conditions to “you” shall be deemed to mean Client unless the context otherwise requires. We may from time to time amend these Terms & Conditions.

1. Acceptance of Terms & Conditions

The introduction of a facilitator constitutes acceptance of the Terms & Conditions by the Client.

2. Definitions

For purposes of clarification the following definitions apply :

“Contractor” – any persons introduced to the Client by Akotime, for the purposes of carrying out ECE Management or Professional Development Services. 

“Facilitator” – means any person supplied by Akotime for the purposes of providing Professional Services. All Akotime Temporary Facilitators are independent contractors.

“Client” – any person or organisation who has engaged the services of Akotime a division of Talk Recruitment

“Fee” – means the fee payable by the Client to Akotime for any Professional Services including ECE Management Support or Professional Development workshops

“Services” – means any ECE Management of Professional Development hours for Clients

“Third Party” – means a person or organisation besides the two primarily involved

“Introduction” – means the act of introducing, either verbally or in writing any information pertaining to the Contractor/Facilitator

3. ECE Management Services

Akotime gives no guarantee of the continued availability of any Contractor and will not be liable to you should a confirmed Contractor become unavailable for a confirmed professional session.  Contractors are VCA compliant and ready for work with a client.

 

Any cancellations of a confirmed professional session must be made with no less than eight hours' notice from the start of the confirmed booking.

If Clients wish to offer any Candidates an employment/position (Full-Time or Part-Time), the Client shall agree to pay the Company a Placement Fee. This also applies to Candidates who were previously employed by the Client.  Failure to inform Talk Recruitment of any such employment will result in a Placement Fee and Overdue Payment Charge.​

 

Akotime issues a fortnightly invoice (every second Monday) to the Client based on the Contractors worksheet. Invoices are to be paid within 7 working days. The hourly charge-out rates for Contractors are listed on the Akotime website and are subject to change at any time with notice.

Talk Recruitment may vary the pay and charge rates at any time with notice.

All payments must be made in cleared funds to our bank account as notified to you by invoice and paid within 7 days. Talk Recruitment reserves the right to engage any debt collection agency to retrieve any monies owed. Any additional costs incurred as a result will be borne by the Client.

4. Roles/Responsibilities of a Facilitator

For clarification purposes, all Akotime Contractors are independent contractors.

The role of an Akotime Contractor is to provide management or professional development support to the staff and team members at a Client facility.

Different clients will have different needs/requirements from an Akotime Contractor. Likewise, an Akotime Contractor may also have different expectations when working at a Client facility.

Akotime Contractors are told to be respectful and attentive to the needs of the Client. We appreciate the same courtesy to be shown to our Contractor.

5. Non-Performance

If you are unhappy with the calibre or performance of any Contractor, please notify us as soon as possible. Akotime will have the Contractor removed and endeavour to find a replacement.  

Failure to report any dissatisfaction will mean that you agree to continue engaging with the Services of the Contractor and be charged for Services rendered.​

7. Professional Development Services

The Client acknowledges and agrees that information published by Akotime is intended to provide general information in summary form. In providing the Services, Akotime relies on the accuracy and completeness of the information provided by the Contractors including, without limitation, the identity, qualifications, employment history and their references.

It is solely the Client’s responsibility to evaluate and verify the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through a Site or on the Internet generally, including in relation to any Contractor.

In no event will we be liable to the Client or anyone else for any decision or action taken by you or anyone else in reliance upon any information contained on or omitted from a Site.

Professional fees are charged by the Akotime by the hour for work done by Contractors for a client, additional charges apply for travel, accommodation, equipment, and other such professional-related items.

8. Client Obligations

Clients are responsible for familiarizing themselves with and complying with their obligations under all health and safety statutory requirements (including the Health and Safety at Work Act 2015 and applicable regulations).

The Client’s obligations under the Health and Safety at Work Act 2015 include being responsible for ensuring the wellbeing of Contractors that are working for them.  From the time the Contractor shows up for duty, they are deemed to be under the supervision and direction of the Client for the duration of the assignment and agrees to be responsible for all their acts and/or errors. That will include ensuring the Contractors are familiar with, understand, and comply with any health and safety policies, procedures, training and inductions that apply at the Client’s workplace. Failure to provide these instructions to the Contractor is the Client’s risk to undertake. The Client is responsible for the Contractors Health and Safety.

If an accident, incident or other event occurs at the Client involving a Contractor that is required by law to be notified to WorkSafe, then the Client will immediately notify both WorkSafe and the Company of that event.

The Client agrees to indemnify the Company against any loss, damages or expenses that may occur as a direct/indirect result of the Contractor.

9. Limitation of Liability

We provide no warranty to the Client that the Services generally available through Akotime will be error/fault-free.

The Client will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including any legal fees and costs).

We shall not be liable to you by reason of any implied warranty, condition or other terms, or any duty at common law, or under the terms of this contract, for indirect or consequential loss or damage, or any loss of profit, loss of revenue, loss of business or future business or loss of information or data (in each case whether direct or indirect).

10. Payments

The Client will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company or pay online as required to secure professional services by the hour. 

If a debt collection agency is engaged for the collection of any outstanding fees, all associated fees will be borne by the Client.

All charges and fees shown under this agreement are exclusive of GST. GST shall be calculated and shown in the Company’s invoice and must be paid by the Client receiving the benefit of the Company’s Services.

Any dispute or set-off claim raised by a Client does not entitle the Client to withhold payment of any money owed to the company​

11. Confidentiality

Any information supplied to the Client by the Company regarding a Candidate is done strictly on a confidential basis to enable the Client to assess a Candidate’s suitability for the position. Except where authorised or required by law, disclosure of any information to any Third Party by the Client will require express written consent from the Company.

All information disclosed by a Client to the Company will be held confidential by the Company and will not be disclosed to any Third Party without the consent of the Client.

Any confidential information provided by a Client to the Company may be accessed by any agent, employee or affiliate of the Company in order to complete a successful Candidate placement for the Client.

12. General

It is agreed between the Client and the Company that all Contractors on assignment are employees of the Company and not the Client.

If the Client breaches these Terms & Conditions, then we may at our discretion immediately suspend or terminate the use of our Services on notice to you. We will notify you by email or at the next time, you attempt to access your account. Any termination shall not affect those provisions intended to or capable of surviving termination and shall be without prejudice to our rights and remedies accruing prior to termination.

No waiver by us of any breach or failure to enforce any provision of these Terms & Conditions shall in any way affect, limit or waive our right to subsequently enforce and compel strict compliance with these Terms & Conditions.

If any provision of the Terms & Conditions is or becomes invalid or unenforceable, that provision shall be deemed deleted and such invalidity or unenforceability shall not affect the other provisions of, all of which shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.

These Terms & Conditions will be governed by New Zealand law and subject to the jurisdiction of the New Zealand courts.

13. Worker Safety Checks

Workforce safety checks are completed for all Akotime Contractors and involve gathering a range of key information about a person and evaluating this information to determine whether they pose any risk in being employed at a Client facility.  

We provide Worker Safety Checks that meet all Vulnerable Children Act (VCA) requirements. 

 

Please visit:

Vulnerable Children's Act 2014

14. Vaccination Requirements

All candidates meet all vaccination requirements as set out https://www.legislation.govt.nz/regulation/public/2021/0094/latest/whole.html#LMS487909.