Terms and Conditions of

Old Mac's Consultancy Services

Old Mac's Consultancy ("the Company") provides recruitment, management, and consultancy services to educational institutions ("the Client") and educational professionals ("the Candidate"). By engaging our services, both Clients and Candidates agree to be bound by these terms and conditions.

1. Definitions

• "Services" means the recruitment of teachers, the management of staff, and/or educational consultancy provided by the Company.

• "Candidate" means any teacher, tutor, or educational professional introduced by the Company.

• "Assignment" means the period during which the Candidate is employed or engaged by the Client.

• "Introduction" means the passing of a Candidate's CV or details to the Client.

2. Recruitment Services (Placement)

2.1. The Company acts as an introduction agency, identifying suitable Candidates based on criteria provided by the Client.

2.2. Screening: The Company makes reasonable efforts to verify qualifications, identity, and right-to-work, and to obtain references. However, the Client is responsible for final vetting, including conducting their own interview and ensuring the candidate's suitability for the role.

2.3. Background Checks: Final responsibility for criminal background checks (e.g., DBS, FBI checks) lies with the Hiring Client, unless explicitly contracted as part of the management service.

2.4. Fees: Fees are monthly, based on the specific fee structure detailed in the signed contract.

3. Management Services (Staffing Agency)

3.1. When the Company manages the teacher, the teacher is contracted to the Company (or its partner agency) and assigned to the Client.

3.2. Employment Status: Teachers assigned by the Company are not employees of the Client or the Company; they are sub-contractors. Teachers are responsible for their own taxes. The Company is responsible for invoicing the Client with hours worked by the teaches and dispersed in line with the specific structure detailed in the signed contract.

3.3. Timesheets: The Client agrees to verify the hours worked by the teacher via the Company’s timesheet system. Approved timesheets are final.

3.4. Safety & Conduct: The Client must provide a safe working environment and inform the Company of any health and safety issues. The Client must notify the Company immediately of any misconduct.

4. Consultancy Services

4.1. Consultancy services (e.g., curriculum planning, teacher training) are provided as specified in the Statement of Work (SOW).

4.2. The Company provides advice based on industry best practices but does not guarantee specific outcomes or school performance improvements.

5. Fees and Payment

5.1. Invoicing: Invoices are issued monthly for management services rendered.

5.2. Payment Terms: Invoices must be submitted no later than the 6th day of each month. Invoices are due no later than the 10th day of each month.

5.3. Late Payment: The Company reserves the right to suspend services.

6. Liability and Indemnification

6.1. The Company is not liable for any loss, damage, costs, or compensation (whether direct or indirect) incurred by the Client arising from the negligence, dishonesty, misconduct, or lack of skill of the Candidate.

6.2. The Client indemnifies the Company against all losses or expenses arising from the Client's breach of these terms, including health and safety violations.

7. Confidentiality and Data Protection

7.1. Both parties agree to handle personal data in accordance with relevant data protection laws (e.g.,GDPR, NZ Privacy Act 2020 ).

7.2. Candidate data provided by the Company is confidential and must not be passed to third parties.

8. Termination

8.1. Either party may terminate the agreement with 30 days' written notice.

8.2. In the event of breach of contract, the Company may terminate immediately.

8.3. Termination does not relieve the Client of the obligation to pay for services already rendered.

9. Governing Law

9.1. These terms are governed by the laws of New Zealand. Any disputes shall be resolved in the courts of New Zealand.

10. Contract  

10.1. Both the Company and the Client enter into a signed agreement specifically detailing the Company and individual Client conditions. The contract will include but is not limited to the protection of intellectual property, non-solicitation, fees, refunds and cancellation policies. 

10.2. Both the Company and the teacher enter into a signed agreement specifically detailing the individual conditions. The contract will include, but is not limited to, the protection of intellectual property, non-solicitation, fees and cancellation policies.