Terms & Conditions – Whittaker Talent

Effective Date: 8 April 2026

1. Definitions

Client: Any individual, company, or organisation that engages or uses the services of Whittaker Talent.
Candidate: Any person introduced, referred, or presented by Whittaker Talent to the Client for potential employment or engagement.
Introduction: The provision of Candidate information to the Client by Whittaker Talent, including but not limited to CVs, profiles, or interview arrangements.
Placement: Any engagement of a Candidate by the Client, whether on a permanent, fixed-term, temporary, or contract basis.

2. Services

Whittaker Talent provides recruitment services including:

  • Permanent recruitment

  • Candidate sourcing, screening, and selection

  • Recruitment consultancy services

3. Candidate Ownership

Any Candidate introduced by Whittaker Talent remains a Whittaker Talent Candidate for a period of twelve (12) months from the date of Introduction. If the Candidate is engaged by the Client, or any related entity, within this period in any capacity (whether permanent, fixed-term, or contract), the applicable fee will be payable. All contact with Candidates introduced by Whittaker Talent must be conducted through Whittaker Talent unless otherwise agreed.

4. Fees & Payment Terms

4.1 Fee Structure

Fees are calculated as a percentage of the Candidate’s total first-year remuneration package (plus GST), including:

  • Base salary

  • Vehicle or vehicle allowance

  • Guaranteed bonuses or allowances

  • Any other guaranteed financial benefits
    Fee Rates:

  • 15% – Standard permanent placements

  • 18% – Executive-level placements

4.2 Executive Roles

Executive roles are defined as:

  • Positions with total annual remuneration of $150,000+, or

  • Senior leadership roles (including but not limited to General Manager, Head of, Director or equivalent)

4.3 Minimum Fee

A minimum fee of $7,500 applies to all placements.

4.4 When Fees Apply

Fees are incurred when a Candidate commences employment with the Client.

4.5 Payment Terms

All invoices are payable within 14 days of invoice date. Late payments may incur interest at 10% per annum, plus any recovery costs.

4.6 Additional Expenses

Any agreed third-party costs (e.g., background checks, testing) will be payable by the Client.

4.7 GST

All fees are exclusive of GST unless otherwise stated.

5. Permanent Placement Definition

A permanent placement includes:

  • Permanent employment

  • Fixed-term employment

  • Any direct or indirect engagement of a Candidate by the Client or related entity

6. Guarantee

Whittaker Talent provides a 12-week guarantee period for all permanent placements, subject to the terms below.

6.1 Replacement First Approach

If a placed Candidate’s employment is terminated within the guarantee period, Whittaker Talent will use reasonable efforts to source a suitable replacement Candidate for the same role.

6.1a Ongoing Communication

Throughout the 12-week guarantee period, Whittaker Talent will maintain contact with both the Client and the Candidate to monitor progress, address any issues, and support a successful placement.

6.2 Tiered Credit (If Replacement Not Found)

If a suitable replacement Candidate cannot be provided, a credit will be issued based on the Candidate’s length of service:

  • Weeks 0–4: 100% fee credit

  • Weeks 5–8: 50% fee credit

  • Weeks 9–12: 25% fee credit

6.3 Credit Conditions

Any credit issued:

  • Is non-refundable

  • Must be used within 6 months

  • Applies to future recruitment services only

6.4 Conditions of Guarantee

This guarantee applies only where:

  • The original invoice has been paid in full within agreed terms

  • Whittaker Talent is given exclusive rights to recruit the replacement

  • Notification is received within 7 days of termination

  • The role remains substantially the same

6.5 Exclusions

The guarantee does not apply where termination is due to:

  • Redundancy or restructuring

  • Business closure or economic conditions

  • Changes to the role or requirements

  • Any circumstances beyond Whittaker Talent’s control

6.6 Limitation

The guarantee applies to one replacement or credit only. No refunds will be provided under any circumstances.

7. Candidate Ownership & Non-Circumvention

If a Candidate introduced by Whittaker Talent is engaged within 12 months, a full fee is payable. This applies regardless of:

  • Role changes

  • Indirect engagement

  • Engagement via a third party
    The Client agrees not to circumvent Whittaker Talent to avoid payment of fees.

8. Confidentiality & Privacy

All Candidate and business information is confidential and must not be disclosed without consent. Whittaker Talent operates in accordance with the Privacy Act 2020.

9. Limitation of Liability

While reasonable care is taken in Candidate selection:

  • Whittaker Talent does not guarantee Candidate suitability

  • The Client is responsible for all hiring decisions

  • Whittaker Talent is not liable for any loss arising from employment of a Candidate

10. Indemnity

The Client agrees to indemnify Whittaker Talent against any claims, losses, or liabilities arising from:

  • The employment or engagement of a Candidate

  • Any actions or omissions of the Candidate

  • Any employment-related claims

11. Variation of Terms

Whittaker Talent reserves the right to amend these Terms at any time. Continued engagement constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of New Zealand.

13. Severability

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force.

14. Acceptance of Terms

By engaging Whittaker Talent, requesting services, or receiving Candidate information, the Client agrees to be bound by these Terms. This includes, but is not limited to, accessing CVs, requesting Candidate introductions, or any recruitment-related activity.

Signed for and on behalf of the Client:
Name: ___________________________
Position: _________________________
Date: ___________________________
Signature: ________________________