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CLIENT Terms of Business

Talk Recruitment Limited (“Talk Recruitment”, ‘we”, “our”, “us”, “Company”) provides recruitment matching services (“Services”) between relief teacher (“Candidates”) and ECE centres, schools and other educational organisations (“Clients") via our website (www.talkrecruitment.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 a Candidate constitutes acceptance of the Terms & Conditions by the Client.

2. Definitions

For purposes of clarification the following definitions apply :

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

“Temporary” – means any person supplied by Talk Recruitment for the purposes of hire labour services. All Talk Recruitment Temporary workers are independent contractors.

“Client” – any person or organisation who has engaged the services of Talk Recruitment

“Placement Fee” – means the fee payable by the Client to Talk Recruitment for any Permanent or Fixed Term Placements. All Placement Fees are calculated based on a Full-Time position equivalent.

“Part-Time” – means that a Candidate has worked less than 1.0 FTTE

“Full-Time” – means that a Candidate works 1.0 FTTE. For the purposes of this Talk Recruitment Terms & Conditions, Full-Time is 40 hours per week.

“FTTE (Full-Time Teacher Equivalent)” – It is a way to describe how many teaching 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 FTTE 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 Candidates in a Part-Time position. FTASE calculates the Full-Time annual salary equivalent for a Candidate 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 Candidate

3. Temporary Teacher Services

Talk Recruitment gives no guarantee of the continued availability of any Candidate and will not be liable to you should a confirmed Candidate become unavailable for a confirmed job.  Candidates are VCA compliant and/or Teacher Registered and ready for work with a client.

All centres sign up online and must sign the Safety Check MOU which covers the centre for all documentation required by the Ministry of Education. No documents are sent for relief teachers placed by Talk as all documents are held on behalf of the centre.

Any cancellations of a confirmed job booking must be made with no less than eight hours notice from the start of the confirmed job booking.

If Clients wish to offer any Candidates an employment/position (Full-Time or Part-Time) in their or other centre or school directly, the Client shall agree to pay the Company a Placement Fee. This also applies to Candidates who were previously employed by the Client.  Failure to inform Talk Recruitment of any such employment will result in a Placement Fee and Overdue Payment Charge.​

Talk Recruitment issues a fortnightly invoice (every second Monday) to the Client based on the Candidate’s timesheet. Invoices are to be paid within 7 working days. The hourly charge out rate for Temporarys are listed in the Talk Recruitment client pay rates sheet and are subject to change at any time with notice.

All timesheets will need to be approved by Friday 5pm each week by the centre using the Talk App. The Client can edit and approve timesheets in the app and adjust start, end times and breaks as needed. Please note that post the Friday 5pm deadline no adjustments can or will be made by Talk due to the volume to timesheets being processed. We encourage all centres to work with with their regional consultant to make sure they can edit and approve timesheets as needed.

Talk Recruitment may vary the pay and charge rates at any time with notice.

All payments must be made in cleared funds to our bank account as notified to you by invoice and paid within 7 days. Talk Recruitment 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.

4. Roles/Responsibilities of a Temporary

For clarification purposes, all Talk Candidates are independent contractors.

The role of a Talk Recruitment Temporary is to support the staff and team members at a Centre or School.

Different Centres and Schools will have different needs/requirements from a Talk Recruitment Temporary. Likewise, a Talk Recruitment Temporary may also have different expectations when relieving at a Centre or School.

Talk Recruitment relief teachers are told to be respectful and attentive to the needs of the Client. We appreciate the same courtesy to be shown to our Temporary.

5. Non-Performance

If you are unhappy with the calibre or performance of any Temporary, please notify us as soon as possible. Talk Recruitment will have the Temporary 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 Candidate and be charged for Services rendered.

6. Paid/Unpaid Breaks (Centres)

Only lunch breaks are considered unpaid breaks.

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

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

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

7. Permanent Placement Services

The Client acknowledges and agrees that information published by Talk Recruitment is intended to provide general information in summary form. In providing the Services, Talk Recruitment relies on the accuracy and completeness of the information provided by the Candidates 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 Candidate 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 Talk Recruitment introducing the candidate that the client regardless of ever having met the candidate in any other capacity accepts the full placement fee is due and payable to Talk Recruitment.

The Client will notify Talk Recruitment in writing if they have employed a Candidate within 48 hours after the event occurrence.

Permanent Placement Options:

1. Job Board

We do things differently at Talk Recruitment when it comes to permanent recruitment for our clients. We focus our attention on sourcing the best candidates available for our client centres rather than listing countless jobs.

The Job Board at jobs.talkrecruitment.co.nz is available online for clients across New Zealand to post and fill their permanent jobs. A Talk consultant will list your jobs so candidates across New Zealand can view and apply for them. A placement fee is payable upon the successful sourcing of a suitable candidate for a client centre.

Talk will work with jobs listed on the site to monitor and connect suitable candidates.

2. Temporary (Reliever) to Permanent Placement

We will share all jobs with the Talk reliever pool of teachers. Placement fees are charged by the company for relievers or temporary workers that move from 'temp' roles to permanent positions upon the request of a Client centre or if a reliever takes a permanent job with a client.

Standard client placement fee of:

  • Unqualified teacher temp to perm: $4,750 per teacher placed
  • Qualified teacher temp to perm: $5,750 per teacher placed

The Placement fee is a fixed fee exclusive of GST.

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

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 Talk Recruitment on behalf of the Client.

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

3.Permanent Placement

Talk offers a traditional placement service where we source and place a teacher at a centre. We offer a fixed fee of $7,750 per teacher placed or $8,750 per Head Teacher or Manager placed.

When you work with Talk, 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 candidates and find the best teacher available who is a good fit for your team.

Advertising of job vacancies is client paid and per job vacancy:

  • Trademe Advertisement $350
  • Trademe SCOUT search $250
  • Seek Advertisement $350
  • Seek TALENT search $350
  • Indeed Advertisement $350

Note that direct permanent placements are charged as follows;

- 1/3 upfront to engage Talk in the recruitment process,

- 1/3 upon Talk sourcing candidates

- Final 1/3 is payable once a job contract is signed by a candidate.

All fees are GST exclusive

Please note we do not guarantee to fill a job vacancy and no replacement guarantee is offered when a job is filled. The cost of a permanent placement via Talk Recruitment is substantially lower than most agencies and this is reflected in the guarantees offered.​ The responsibility for employee retention is that of the client centre.

In the event that the Client Employs an internal Candidate or a Candidate introduced to them by another party, a Cancellation Fee of 30% of the placement fee will be payable by the Client.  This applies to each role the Company has been engaged for and has commenced work on.

4.Consultancy Service

Our consultancy service is a pay as you go, recruitment service, and we take pride in calling it the best way to recruit ECE employees. Talk matches you with your own recruitment consultant who can take care of any or all parts of the recruiting process, thereby taking the stress out of finding your team’s next member.

How it Works

  • ENGAGE and sign up to use the Consultancy Service
  • MEET and brief your Consultant
  • SCOPE out your requirements with a Talk Consultant
  • ACCEPT your bespoke job proposal and begin the search
  • LOGIN and load your job to the talk job board
  • COMMUNICATE via regular Consultant updates
  • APPROVE weekly timesheets
  • REVIEW your personalised project report revealing outcomes and cost-per-hire data
  • RE ENGAGE with your Talk Consultant for further support

Talk Recruitment offers a personalised Consultancy Service to actively source suitable candidates for permanent roles. Invoices are raised fortnightly for the "Pay as you Go" service until the 30 hours maximum or the job is filled.

  • $250 per hour capped at 30 hours for the 1st placement (unless extended by the client centre)
  • 2nd and additional placements incur a permanent placement fee of $5,500 per Teacher placed.

Advertising of job vacancies is client paid and per job vacancy:

  • Trademe Advertisement $350
  • Trademe SCOUT search $250
  • Seek Advertisement $350
  • Seek Talent search $350
  • Indeed Advertisement $350

Note that direct permanent placements are charged as follows;

- 1/3 upfront to engage Talk in the recruitment process,

- 1/3 upon Talk sourcing candidates

- Final 1/3 is payable once a job contract is signed by a candidate.

In the event that the Client Employs an internal Candidate or a Candidate introduced to them by another party, a Cancellation Fee of 30% of the placement fee will be payable by the Client.  This applies to each role the Company has been engaged for and has commenced work on.

All fees are GST exclusive

8. Client Obligations

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

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

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

9. Limitation of Liability

We provide no warranty to the Client that the Services generally available through Talk Recruitment will be error/fault-free.

The Client 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).

10. Payments

The Client will pay all charges and fees plus GST (if any) which have been invoiced to them by the Company. Temporary placements within 7 days from the Client being invoiced by Talk Recruitment.  Permanent placements are to be paid in full upon the centre offering a job to a candidate and the candidate signing a centre contract.

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

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 receiving the benefit of the Company’s Services.

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

11. Nature of the relationship between Client and Candidate

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

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

The Client is liable to pay Talk Recruitment a Placement Fee in accordance with these Terms & Conditions :

  1. If the Candidate is employed by the Client in any capacity within 12 months of Talk Recruitment making the Introduction.
  2. If the Client passes the details of the Candidate to a Third Party (including any subsidiaries/affiliations) that subsequently employs the Candidate within 12 months of Talk Recruitment making the Introduction.
  3. If in any way the Candidate becomes employed because Talk Recruitment made the Introduction.

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

12. Confidentiality

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

13. General

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

If the Client 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.

14. Children's 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 working with children.  

We provide Children's Worker Safety Checks that meet all Vulnerable Children Act (VCA) requirements for ECE placements.

Talk and client centres sign a Memorandum of Understanding (MOU) that allows Talk to complete Children Safety Checks and retain all documentation on behalf of the client centre. No documents are required to be sent to centres.

Please visit:

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 children’s 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 Click Here

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.

15. Vaccination Requirements

All candidates meet all vaccination requirements as set out https://www.legislation.govt.nz/regulation/public/2021/0094/latest/whole.html#LMS487909.

Only staff and support people who are vaccinated can have contact with children and students from 1 January 2022.

From 1 January 2022, schools and early learning services and providers will need to maintain a register, and ensure only vaccinated staff and support people have contact with children and students. They need to have their first dose by 15 November.

This includes home-based educators, and all those support people in our schools and early learning services such as teacher-aides, administration and maintenance staff and contractors.

Those staff and support people who are not fully vaccinated in the period leading up to 1 January 2022 will be required to undergo weekly COVID-19 testing.

Secondary schools and kura will also be required to keep a COVID-19 vaccination register for students. Students that do not produce evidence of vaccination will be considered unvaccinated.

Work is continuing on whether mandatory vaccinations will be required in the tertiary education sector.

A high rate of vaccinations will help to protect staff from getting sick and passing COVID-19 onto others. Workers at our MIQ and at airports and ports are already required to be vaccinated. Exemptions may be possible under some circumstances.