Terms and conditions

Terms and conditions

CLIENT/CENTRE Terms of Business – In Education Limited trading as Staff My Team

In Education Limited trading as Staff My Team Limited (“In Education Limited trading as Staff My Team”, ‘we”, “our”, “us”, “Company”) provides recruitment matching services (“Services”) between temporary workers (“Applicants”) and ECE centres, schools, educational organisations and Healthcare facilities (“Clients”) via our website (www.staffmyteam.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 an applicant constitutes acceptance of the Terms & Conditions by the Client.

  1. Definitions

For purposes of clarification the following definitions apply:

“applicant” – any persons introduced to the Client by Staff My Team, for the purposes of temporary or permanent position/fixed term (Part-Time or Full-Time). The applicant is also used interchangeably with the word Temporary.

“Temporary” – means any person supplied by Staff My Team for the purposes of hire labour services. All In Education Limited trading as Staff My Team Temporary workers are independent contractors.

“Client/Centre” – any person or organisation who has engaged the services of In Education Limited trading as Staff My Team

“Placement Fee” – means the fee payable by the Client to In Education Limited trading as Staff My Team for any Permanent or Fixed Term Placements. All Placement Fees are calculated based on a Full-Time position equivalent.

“Part-Time” – means that an Applicant has worked less than 1.0 FTE

“Full-Time” – means that an Applicant works 1.0 FTE. For the purposes of this In Education Limited trading as Staff My Team Terms & Conditions, Full-Time is 40 hours per week.

“FTE (Full-Time Equivalent)” – It is a way to describe how many hours a Part-Time position will involve. For example, 0.8 FTTE means the role involves four full working days of teaching per week. Another example, 0.8 FTE could also mean working 32 hours per week, considering the standard Full-Time hours per week is 40 hours.

“FTASE (Full-Time Annual Salary Equivalent)” – used for the purposes of calculating Placement Fees for Applicants in a Part-Time position. FTASE calculates the Full-Time annual salary equivalent for a Applicant in a Part-Time position.

“Services” – means any recruitment matching work (relief work, permanent placement or fixed-term placement)

“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 Applicant

  1. Temporary Placement Services

In Education Limited trading as Staff My Team gives no guarantee of the continued availability of any Applicant and will not be liable to you should a confirmed Applicant become unavailable for a confirmed job.  Applicants are VCA compliant and/or Registered and ready for work with a client.

Any cancellations or changes of a confirmed job booking must be made with no less than 24 hours’ notice from the start of the confirmed job booking. A minimum booking of 3 hrs on a day applies, shifts cannot be changed to 3hrs if booked for longer on the day, the booked shift applies and will be charged, unless 24 hrs notice to a change is given.

If Clients wish to offer any Applicants an employment/position (Full-Time or Part-Time), the Client shall agree to pay the Company a Placement Fee. This also applies to Applicants who were previously employed by the Client.  Failure to inform In Education Limited trading as Staff My Team of any such employment will result in a Placement Fee Charge.​

In Education Limited trading as Staff My Team issues a fortnightly invoice (every second Tuesday) to the Client based on the Applicant’s timesheet. Invoices are to be paid within 14 working days. The hourly charge out rate for Temporary/relief staff are listed in the In Education Limited trading as Staff My Team client fee schedule sheet and are subject to change at any time with notice.

All completed jobs will need to be rated/reveiwed by Friday 6pm each week by the centre using the Staff My Team Web App. The Client can review and email Staff My Team if invoices are incorrect and these can be adjusted if required. We encourage all Clients to work with the Staff My Team Manager, Kylee to ensure invoices are correct.

In Education Limited trading as Staff My Team may vary the pay and charge rates at any time with notice.

By agreeing to In Education Limited trading as Staff My Team’s terms and conditions, you agree to settle all invoices within 14 days of receipt. Any overdue or unpaid balances will be subject to a late payment fee of $25 after the due date has passed. In addition, unpaid balances over $1000 will be subject to 5% interest per month, charged daily until the balance is paid.

Late fees will be added to the invoice for payment by the client. At all times we encourage clients to pay on time to avoid late fees.

In Education Limited trading as Staff My Team 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.

  1. Roles/Responsibilities of a Temporary

For clarification purposes, all Staff My Team Applicants are employed by In Education Limited trading as Staff My Team.

The role of an In Education Limited trading as Staff My Team Temporary relief educator is to support the staff and team members at a client facility.

Different Clients will have different needs/requirements from an In Education Limited trading as Staff My Team Temporary/Relief Teacher. Likewise, an In Education Limited trading as Staff My Team Temporary/Relief Teacher may also have different expectations when relieving at a client facility.

In Education Limited trading as Staff My Team Temporary Workers are told to be respectful and attentive to the needs of the Client. We appreciate the same courtesy to be shown to our Temporary relief staff. All policies and procedures a client requires a temporary/relief person to adhere to must be provided to the temporary/relief staff by the client. In Education Limited trading as Staff My Team have our own policies and procedures that our staff are inducted to. This is to maintain health and safety of children, staff and Clients. We have advised our team that the centre policies and procedures take precedence. They are to follow these.

  1. Non-Performance

If you are unhappy with the calibre or performance of any Temporary relief person, please notify us as soon as possible. In Education Limited trading as Staff My Team will have the Temporary relief person 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 Applicant and be charged for Services rendered.

  1. Paid/Unpaid Breaks (Centres)

Only lunch breaks are considered unpaid breaks.

If a Temporary relief person is on an 8 hour/day work shift or longer, they are entitled to a 10-15min morning tea and afternoon tea break each. These are paid breaks.​

If a Temporary relief person is on a 6 hour/day work shift, they are entitled to one 10-15 min break, either morning tea or afternoon tea (depending on the shift). This is a paid break.

If a Temporary relief person is on a 4 hour/day work shift or less, they are not entitled to 10-15 min break.

  1. Permanent Placement Services

The Client acknowledges and agrees that information published by In Education Limited trading as Staff My Team is intended to provide general information in summary form. In providing the Services, In Education Limited trading as Staff My Team relies on the accuracy and completeness of the information provided by the Applicants 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 Applicant or Client.

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.

The Client agrees that by In Education Limited trading as Staff My Team introducing the applicant that the client regardless of ever having met the applicant in any other capacity accepts the full placement fee is due and payable to In Education Limited trading as Staff My Team.

The Client will notify In Education Limited trading as Staff My Team in writing if they have employed an Applicant within 48 hours after the event occurrence.

  1. Temporary to Permanent Placement

We will share all jobs with the Staff My Team Temporary/Relief Worker pool. Placement fees are charged by the company for Staff My Team Temporary/Relief Workers that move from ‘temp’ roles to permanent positions upon the request of a Client or a Temporary/Relief Worker takes a permanent job with a client.

The invoice will be raised upon the confirmation of the job offer by the Client.

The Client agrees that it will perform their own due diligence to meet their own guidelines/requirements, including where such work has been performed by In Education Limited trading as Staff My Team on behalf of the Client.

No Guarantee Period is given by the Company with respect to Applicants initially placed by the Company on a Temporary or fixed-term position who then go on to accept a permanent position with the Client or an associated party of the Client.

  1. Permanent Placement (We source applicants for you)

In Education t/a Staff My Team offers a permanent placement service where we source and place an Applicant at a Client facility in two ways. When you work with In Education t/a Staff My Team, your consultant will support you through the hiring process and provide quality customer service. Their number one mission will be to source and vet potential applicants and find the best teacher available who is a good fit for your team.

Permanent Placement Service Options

  1. Permanent Placement Service

In Education t/a Staff My Team works with centre manager to take a job brief with a detailed job description provided by the centre manager. In Education t/a Staff My Team will then source and present suitable applicants for interview. If a centre manager offers a contract to an applicant and the applicant accepts the job offer a placement fee is due.

Placement fees are based on the starting salary of the applicant as follows:

  • Leadership or Management placement at 10% of starting salary
  • Qualified Teacher placement at 10% of starting salary.
  • Temp to permanent or unqualified teacher placement at 5% of starting salary**. 
  • If a relief educator (currently employed at Staff My Team) is recruited for permanent employment, a fee will be negotiated with the service. This will be a maximum of $5000 + GST. The payment of this can be negotiated in either ongoing hours worked or a cash payment.

Job vacancies must be placed exclusively with In Education Limited trading as Staff My Team for a minimum of 3 months.

All advertising in SEEK, Trademe and other media is client / Centre paid

A cancellation fee is payable if a client does not fully provide an exclusive job listing, that is, if the centre lists or fills the job with another agency or cancels the vacancy within the 3 month exclusive period a 5% fee of starting salary or $3,000, whichever is greater, is payable to In Education Limited trading as Staff My Team.

Placement fees must be paid in full before an applicant can start the position at the  centre.

Refund Scheme

  • Departure within 2 weeks from start date 100% refund of placement fee*
  • Departure within 3-8 weeks from start date 50% refund of placement fee
  • Departure within 9-12 weeks from start date 25% refund of placement fee

* An admin fee of $500 applies to placements that end within 2 weeks

** Temp to permanent placements are non-refundable‍

  1. Client/Centre Obligations

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

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

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

  1. Limitation of Liability

We provide no warranty to the Client/Centre that the Services generally available through In Education Limited trading as Staff My Team will be error/fault-free.

The Client /Centre 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).

  1. Payments

Payment Terms

Staff My Team will issue weekly or fortnightly invoices (every second Tuesday) to each service based on the relieving educator’s timesheet. Payment is due within 14 days from the receipt of invoice. 

The Client/centre will pay all charges and fees plus GST which have been invoiced to them by In Education Limited Trading as Staff My Team.

By agreeing to In Education Limited trading as Staff My Teams terms of business/MOU, you agree to settle all invoices within 14 days of receipt. Any overdue or unpaid balances will be subject to a late payment fee of $25 after the due date has passed. In addition, unpaid balances over $1000 will be subject to 5% interest per month, charged daily until the balance is paid.

Late fees will be added to the invoice for payment. At all times we encourage clients/centre to pay on time to avoid late fees.

Permanent placements (current Staff My Team employees) are to be paid in full upon the client/centre offering a job to an applicant and the applicant signing a centre contract and before an applicant starts the job. This will be a maximum of $5000 + GST. The payment of this can be negotiated in either ongoing hours worked or a cash payment

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

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/centre receiving the benefit of the Company’s Services.

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

  1. Nature of the relationship between Client and Applicant

The Client/Centre acknowledges and agrees that any permanent Applicant provided to them by the Company becomes an employee of the Client/Centre.​

The Client/Centre shall be responsible for complying with all employment-related legislation including the provisions of the Employment Relations Act and the Health and Safety in Employment Act (including any amendments to those enactments).

Any Applicant that the Company puts forward to the Client/Centre shall be deemed to be found by the Company first. If the Client/Centre has past/current communications with any Applicants that the Company has put forward, the Client/Centre agrees to notify and inform the Company before engaging the Services of the Company.

The Client/Centre is liable to pay In Education Limited trading as Staff My Team a Placement Fee in accordance with these Terms & Conditions:

  1. If the Applicant is employed permanently by the Client/Centre in any capacity within 12 months of In Education Limited trading as Staff My Team making the Introduction.
  2. If the Client passes the details of the Applicant to a Third Party (including any subsidiaries/affiliations) that subsequently employs the Applicant within 12 months of In Education Limited trading as Staff My Team making the Introduction.
  3. If in any way the Applicant becomes employed because In Education Limited trading as Staff My Team made the Introduction.

If the Client/Centre and Company agree to look for Applicants simultaneously, it is the responsibility of the Client/Centre to notify the Company of any Applicants they have shortlisted. In the event both the Client/Centre and Company have shortlisted the same Applicant, the Applicant is deemed to have been found by the Company first unless the Client/Centre has notified and informed the Company beforehand.

  1. Confidentiality

Any information supplied to the Client by the Company regarding an Applicant is done strictly on a confidential basis to enable the Client to assess an Applicant’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 Applicant placement for the Client.

​13. General

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

If the Client/Centre 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.

  1. Worker Safety Checks

Workforce safety checks 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/Centre facility.  

We provide Worker Safety Checks that meet all Vulnerable Children Act 2014 (VCA) requirements. This covers applicants for Education and Healthcare roles.

VCA Practical Guide https://assets.education.govt.nz/public/Uploads/VCAPracticalGuide.pdf Vulnerable Children’s Act 2014

Relieving Teachers Safety Checking under the Vulnerable Children Act 2014A Resource for Early Learning Services

Types of Children’s Worker Safety Checks:

New employee check:

The regulations require that the worker safety checks include:

  • Identity verification
  • Police vetting
  • Reference checks
  • Employment verification checks
  • Checks with professional registration bodies or licensing authorities
  • Interviews
  • A risk assessment that considers the specific child safety related risk.

Existing employee check:

For all Temporary Workers the safety check needs to be updated every three years and the following steps need to be followed when a worker is being re-checked:

  • Confirmation of any name change by the worker in the past 3 years and provision of any official documents associated with any name change
  • Police vet that is VCA applicable
  • Check of relevant licensing/registration (person to report on their membership and then employer/engaging agency to confirm with the relevant body)
  • Risk assessment and final decision.

Police Checks / Vetting:

Police Vetting will be completed by the New Zealand Police https://www.police.govt.nz/advice-services/businesses-and-organisations/nz-police-vetting-service/vetting-process  

Use of an Identity Referee to verify an applicant’s identity Evidence of Identity checks may be completed by an Identity Referee, outside of your organisation, where it cannot be carried out by you in person e.g. when completed consent forms are received via email, not in person. An Identity Referee must:  

  • be either a person of standing in the community (e.g. registered professional, religious or community leader, Police employee) or registered with the Approved Agency.  
  • be over 16 years of age.  
  • not be related or a partner/spouse.  
  • not be a co-resident of the applicant.

To verify an applicant’s identity, the Identity Referee must:

  1. Sight the original versions of each identity document.
  2. Compare the photographic image with the applicant to confirm they are the same person.
  3. Sign and date a copy of each document to verify that the documents produced by the applicant relate to that person.
  4. Provide his or her name and contact details.
  5. Send the signed identity documents to the Approved Agency.
  1. Education Clients/Centre

All Clients/Centres sign up online and must sign the Staff My Team MOU which covers the centre for all documentation required by the Ministry of Education. No documents are sent for relief teachers placed by In Education t/a Staff My Team as all documents are held on behalf of the centre. You can access these on the Web App by downloading these when you log in.  We have also asked our relieving staff to bring two forms of identification with them to each job they are accepted for. 

  1. Vaccination Requirements

All applicants meet all vaccination requirements as set out https://www.legislation.govt.nz/regulation/pu