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New Life Job Link Terms and Conditions for Employers

Last updated 18.04.07
 
General
1.     New Life New Zealand Ltd. is a company registered under New Zealand law and with registered offices in Hamilton, New Zealand (hereinafter “the Company”).
2.     The Company owns and operates a website whose Uniform Resource Locator [URL] is www.newlifenewzealand.com (hereinafter “the website”).
3.     The New Life Job Link is a one-stop service which matches potentially eligible migrants (hereinafter “Candidates” or “the Candidate”) with jobs in New Zealand and assists Candidates in lodging immigration applications. New Life Job Link is facilitated by means of a database linked to the website which enables Candidates to post their profile for prospective Employers to view, and Employers to post vacancies which Candidates may view and apply for.
4.     These Terms and Conditions apply to all Employers who submit a vacancy to be advertised on the website (hereinafter “the Employer”). In submitting a vacancy or offering employment to a Candidate you therefore agree to be bound by these terms and conditions. If you do not agree with these Terms and Conditions, please do not submit a vacancy.
5.     The Company reserves the right to amend this Agreement from time to time without notice, however the terms of the Agreement in force as at the date of an Employer’s submission of a vacancy or offer of employment to a Candidate (whichever is most recent) will govern the contractual relationship as between the parties.
 
Provision of Services
6.     The New Life Job Link is a one-stop service which matches potentially eligible migrants with jobs in New Zealand and assists Candidates in lodging immigration applications. An Employer is entitled to the following services:
(i)         The Employer may register to create an employer account on the website which will enable them to post and advertise vacancies to prospective Candidates. Jobs posted will have been first checked by an immigration specialist to see whether it is the sort of job which potentially meets New Zealand immigration requirements and an indication may be given as to a particular visa category that is appropriate to that job. In so doing, the Company does not warrant that by obtaining such job the Candidate will automatically be approved by Immigration New Zealand, since there may be other factors involved.
(ii)        Where the job is assessed as potentially meeting immigration requirements the vacancy will be posted on the website for prospective Candidates to view within 7 working days of the assessment.
(iii)       The Employer will be able to view summary profiles of all Candidates displayed on the website. All Candidates will have been pre-screened for eligibility to apply to migrate to New Zealand under the skilled category prior to their profile being posted.
(iv)      The Employer may express interest in a particular candidate advertised on the website, or a Candidate in a particular Employer and the Company will facilitate contact between the Candidate and the Employer with a view to matching the person with the job and securing a job offer.
(v)       The Employer is entitled to have their vacancy posted on the Company website until the Employer makes an offer of employment or for up to one month from the date of posting (unless withdrawn earlier by the Company), after which time the vacancy will be automatically removed unless the posting is renewed.
(vi)      The Company reserves the right at its sole discretion to assess whether or not a Candidate is suitable to be put forward for a particular position with a prospective Employer.
(vii)     The Company reserves the right to withdraw an Employer from the website at its sole discretion.
(viii)    The Company reserves the right to remove or edit content from job ads at its sole discretion.
 
Fee
7.     The services set out in §6 are available to the Employer free of charge.
8.     The Employer may wish to obtain further services relating to commissioned advertising or active search for candidates by the Company overseas. Such arrangements are subject to fees and will be governed by a separate agreement.
 
Obligations of the Employer
9.     The Employer warrants that by posting a job on the website they agree they are willing to employ a Candidate from overseas.
10. The Employer undertakes to provide true, accurate and complete information to the Company and to inform the Company of any changes in circumstances that could affect their ability to employ a migrant.
11. The Partner agrees to remove any vacancies that have been filled and are therefore no longer available from the website.
12. The Employer agrees to respond at its expense to all requests from the Company and in particular to supply information and supporting documentation within specified timeframes.
13. The Employer may not publish in their vacancies any company contact information. This includes, but is not restricted to contact names, postal addresses, email addresses, telephone numbers, instant messaging contact details, web site URLs, skype IDS etc.
14. Candidates introduced by the Company are obliged to use the Company to process their applications for a New Zealand temporary and/or permanent residence visa/permit as appropriate. The Employer undertakes to notify the Company of any introductions facilitated by the Company which subsequently result in an offer of employment being made to the Candidate.
15. The Employer is solely responsible for maintaining the confidentiality of their username and password and shall not permit third parties to access the site using their username and/or password.
 
Conditions
16. The assessment of the Candidate’s eligibility to migrate is based on the information provided by the Candidate in the Eligibility Assessment questionnaire and on New Zealand immigration law and policy current at the time of assessment. While the Company attempts to give an accurate indication as to the Candidate’s ability to meet immigration and resettlement requirements, the final decision in any immigration application rests firmly with the relevant Government immigration authority and the Company is therefore not responsible for the outcome of any subsequent immigration application which the Candidate may choose to make subsequent to receiving an offer of employment from the Employer.
 
Confidentiality and Privacy
17. The Company will collect and store your company information in order to facilitate the New Life Job Link service and may also use that information to inform you of additional service offers from time to time. See our privacy policy for more details.
 
Disputes and Jurisdiction
18. Any dispute touching the construction, meaning, or effect of this Agreement or the rights or liabilities of the parties or any matter arising out of, or connected with it shall, except where otherwise specifically agreed in writing between the parties be first referred to mediation. Unresolved disputes shall be submitted to arbitration by a single arbitrator if one can be agreed by the parties, and in default of agreement by the Arbitrators and Mediators Institute of New Zealand, such arbitration to otherwise be conducted in accordance with the provisions of the Arbitration Act 1996 or any amendment thereof.
19. The Agreement shall be governed by and interpreted according to the laws of New Zealand. Each Party irrevocably submits to the jurisdiction of the Courts of New Zealand over any proceedings arising out of, or relating to the Agreement.
 
Severability
20. If any of these terms and conditions is held by a Court to be ineffective by virtue of illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
 
Liability
21. The Employer undertakes to satisfy themselves that if an offer of employment is made and accepted the person appointed is able to undertake the duties as specified in the job description and that the qualifications stated by the appointed Candidate are true.
22. The Company shall not be liable to the Employer in respect of any claim or proceedings of whatever nature including negligence brought against the Employer, or any loss or damage of any nature whatsoever suffered by the Employer due to the advice and services provided by the Company or due to the actions of the appointed Candidate together with any legal costs incurred.
23. The Company is not the Employer of the Candidate and is not in any way responsible for the subsequent employment relationship between the Candidate and the Employer.
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