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Terms & Conditions for Clients (New Zealand)

Terms & Conditions for Clients (New Zealand)

The following are the terms and conditions of Clarity Locums as applied to Clients of Clarity Locums.

By accessing and using any service provided by Clarity Locums you are bound by these terms and conditions. These terms and conditions are subject to change and as such Clarity Locums has the right to alter these terms and conditions at any time, any alterations will be effective once published. Users are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site and/or services after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

1. Clarity Locums provides a recruitment service that is free of charge to all Locums, technicians or any other potential employee, henceforth referred to as Candidates, who are offered positions by Clarity Locums on behalf of a Client of Clarity Locums to whom a fee is charged for that placement.

2. Clarity Locums is an agent for the Candidate it locates employment for and at no time is it their employer. When seeking employment for the Candidate, Clarity Locums receives limited information regarding potential employment with a Client which it then supplies to potential Candidates. As the Candidate never enters into any contract of employment with Clarity Locums there is never any obligation for a Candidate to accept any position offered on behalf of a Client by Clarity Locums.

3. Where a Candidate expresses an interest in a particular position, Clarity Locums will forward their details to the Client for consideration, this will include information regarding the identity and qualifications of the Candidate. Should the Client wish to engage the Candidate, the Candidate is notified by Clarity Locums.

4. Clarity Locums will provide the Candidate with information relating to the assignment such as start times, address of the place of employment and any other information or instructions deemed pertinent to the employment of the Candidate by the Client. This information constitutes the Client’s instructions to Clarity Locums and is provided to the Candidate on behalf of the Client on an information only basis, no assessment of the information is made by Clarity Locums as regards its verity or legality and no responsibility is accepted as regards actions taken or not taken as a result of receiving this information.

5. The nature or existence of the contract between Candidates introduced to Clients is the responsibility of the Candidate and the Client. The legal relationship between the Candidate and the Client may be as an Employee/Employer or Independent Contractor/Principal. Agreement of terms of employment is between the employer and the Candidate and as such Clarity Locums accepts no responsibility for any disputes arising from this contract or lack thereof as they are neither an employee nor an employer at any stage in the recruitment or employment process.

6. The Candidate for the duration of the assignment is considered to be under the direction and supervision of the Client for the duration of the engagement for the purposes of pharmaceutical dispensing and health, safety and welfare.

7. Fees applicable to an assignment are informed to the Client at the point of engagement of the services of Clarity Locums.

8. If a Candidate's employment ceases prior to its intended expiry, the Client may request that the position is filled again (no charge) or the Client may request a refund of agency fee as follows:
    A. Candidate worked up to one month - 75%,
    B. Up to two months - 50%,
    C. Up to three months - 25%.
    D. No refund is payable after three months of employment.

9. All invoices and associated fees are payable within five working days of the invoice date.

10. Original invoice must be paid in full before finding a replacement.

11. To avail of the recruitment fee refund or replacement, the Client must inform Clarity Locums in
writing within 5 calendar days of the Candidate's leaving date. Without written notice within
the time period, 5 working days, no refund can be issued.

12. Late payments will attract an interest rate of 5% per day accruing in compound interest 14
days after the due date of the invoice.

13. If a Client persistently pays late, they will be put on a payment plan that involves payment prior to the Candidate commencing work. If payment is not received by the agreed date any Candidate work booked will be cancelled.

14. If a Client engages a Candidate who was initially introduced to the Client by Clarity Locums (introduction, Locum placement or any other placement type); the applicable fees are due to Clarity Locums.

15. Clarity Locums aims to supply the best quality Candidates to the Client, all potential Candidates are screened in order to ensure that they have attained the requisite training, experience, qualifications and any permission required by professional body or law a professional body to engage with the Client. It remains the Clients responsibility to assess the suitability of potential Clients presented to them and make a decision as to whether or not they accept the Candidate. As such Clarity Locums does not accept any responsibility for any consequences, deleterious or otherwise, resulting from the Clients decision to engage the Candidate on assignment.

16. Clarity Locums does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

17. Clarity Locums will not accept liability of any kind for loss, expense or damage as a result of any individual engaged in employment as a result of contact with Clarity Locums.

18. Transfer of information: Clarity Locums provides personal data to the Client where the data subject is the Candidate. This is a necessity of the contract and this constitutes the lawful basis of processing. Both Clarity Locums and the Client are agencies in respect of data received or transmitted and the Client shall keep Clarity Locum’s indemnified against any data breaches which occur.

19. Clarity Locums reserves the right to refuse bookings offered by Clients.

20. These terms and conditions are subject to the jurisdiction of New Zealand and as such any disputes arising out of or in connection therewith shall be determined in accordance with New Zealand law. Should any conflict of interpretation of these terms and conditions occur with any other company terms, the within terms will be deemed to be the terms of business of Clarity Locums.

Clarity Locums is a registered business name of Clarity Locums Limited, Registered Office: Suite 10578, 17B Farnham Street, Parnell, Auckland, 1052, New Zealand. NZBN: 9429048884143

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