Terms & Conditions for Contractors
By viewing and using the website you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using the website. We reserve the right to change these terms and conditions of use at any time by notifying users of the existence of the amended terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
Registration and accounts
By registering on the website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access the website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You may not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to the website.
Users outside New Zealand
The website is operated by Green Tea Solutions Limited (trading as “Crackerjacks”, “Crackerjacks Contracting’’ and “Crackerjacks NZ”) and The Contingent Limited (“TCL”) from New Zealand. The information on the website may not be appropriate or available for use in other jurisdictions. If you choose to access the website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
Copyright and trade marks
The contents of the website are the copyright of Green Tea Solutions Limited or suppliers to us. No part of the website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of the website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on the website.
The contents of the website may include links to third party materials. We will not be responsible for the contents of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to the website and you agree to remove or cease any link upon our request.
Any dealings with any advertiser appearing on the website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
If you use any communication tools available through the website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org.
You must not do any of the following when you use the website:
- take any action that in our opinion imposes an unreasonable load on the infrastructure of the website, including but not limited to “spam” or other such unsolicited e-mailing techniques;
- use the website for any purpose that is unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- copy, collect or save information about other users including without limitation user details, skills, employment or education history, or use the details of other users for anything other than the use expressly permitted by those users;
- publish advertising material of any kind or market any goods or services directly to other users;
- attempt to disrupt or interfere with the delivery of the service or the services of our partners and clients;
- sell, redistribute or use information contained on the website for a commercial purpose without our prior written consent; and
- not circumvent the engagement process on the website so as to avoid yourself or a business user paying a service fee upon a successful contract engagement through our site.
Exclusion of liability
To the fullest extent permitted by law, we exclude all liability in relation to the website including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
You will take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these terms and conditions.
Legal entitlement to work in New Zealand
To create a contractor profile on Crackerjacks you must be legally entitled to work in New Zealand. This means you must either be a New Zealand Citizen or Permanent Resident or have a Visa that permits you to legally work in New Zealand.
If you have had any criminal convictions you are required to notify us of these before joining Crackerjacks as a contractor. If this requirement is not met Crackerjacks has the right to delete the non-compliant contractor’s profile.
We will supply services to you on these terms only (as we may amend them from time to time). The only circumstance where any variation to these terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms and conditions will take priority over any other terms of trade.
Our current charges and the services they relate to are set out in the price list. Contractors are able to use our recruitment service free of charge. The price of other services that may apply to contractor’s, is stated on the website at the time, unless otherwise expressly agreed in writing by us. All prices exclude goods and services tax (”GST”). We may alter prices without notice. We will publish such amendments on our website at least 14 days prior to them taking effect.
Invoicing and Payment
Services (billing on behalf) for work performed will be charged through The Contingent Ltd (“TCL”). Timesheet and billing cycles will be according to that specified by the Business User who has engaged your services. TCL is an agent specifically for the purposes of billing, receivables management, payments and administration only.
Ultimately it is the Contractor’s responsibility to ensure the Business User pays all outstanding amounts and neither TCL or Crackerjacks will be held responsible for any losses to the Contractor, as a result of non-payment by a Business User.
TCL may deduct fees, for services provided, from payments received on your behalf. These charges will be outlined in the price list.
You are responsible for having your timesheet authorised by your nominated line manager and you are responsible for submission of your time records to TCL by the timesheet deadline.
You are responsible for having business expense claims authorised by your Business User and you are responsible for submission of your expense claims to TCL.
Time recording and expense claims are to be submitted into the TCL system via your personal secure logon.
Payment terms and rates will be set by the Business User and TCL will use its reasonable endeavours to pay you within one day of receiving payment after deducting any fees it is entitled to be paid.
You will notify TCL of any payment dispute within five (5) working days of becoming aware of the same. You are responsible for resolving any dispute directly with the Business User. Crackerjacks and TCL may, in its sole discretion, choose to assist you with resolving any dispute.
Any overpayments made to you will be refunded immediately to TCL without deduction of any kind.
In the event that Professional Indemnity and Public Liability Insurance is required by the Business User, under the terms of the contractor engagement contract, TCL will arrange for suitable cover on behalf the contractor and to cover the premium will deduct a 1% fee from the contractors pay at each pay cycle.
The contractor will be obliged to complete the relevant forms and declarations to activate cover.
The insurer reserves the right to reject applications for cover under the standard scheme. Exclusions will be managed on a case by case basis. Premiums may vary for policies outside of the TCL scheme.
We will provide the services in a proper, competent and professional manner. However, we expressly exclude to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. If you are purchasing the services for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.
Limitation of Liability
To the maximum extent permitted by law, our liability, whether in contract, tort or otherwise, for any claim, damages, loss or expense related to the supply by us of services is limited to the cost paid by you for the services. To the maximum extent permitted by law, we will not be liable in any event whether in contract, tort or otherwise for any loss of profits, revenue or anticipated savings or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
The Business User who engages your services will be solely responsible for payment of your rates and authorised expenses. Crackerjacks Contracting or TCL will not be liable for collection or payment to you of any rates, expenses or other moneys.
We will not be responsible or liable for any failure to provide the services to the extent such failure is caused by a matter beyond our reasonable control.
We may suspend or deactivate your account immediately if you commit a breach under these services terms that is not rectified within 5 working days of email notification of the breach being sent to you. When your account is deactivated you will not be able to receive the services and you will not be able to set up a new account without our consent.
If at any time we do not enforce any of these terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
These service terms together with the website terms and conditions constitute the entire understanding and agreement of the parties relating to the subject matter of these service terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these service terms.
If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.