Terms and conditions
Welcome to QuickCrew! Please read the following terms and conditions carefully.
By accessing or using our platform, you agree to be bound by these terms. This document outlines the rules and regulations governing your use of QuickCrew, connecting businesses with casual staff in New Zealand, and beyond.
Terms of Use
Labour Hire Services Agreement New Zealand
QuickCrew Limited NZBN 9429052799631 trading as QuickCrew (“QuickCrew”) operates an online platform enabling its clients to obtain and manage temporary workers through the QuickCrew Platform. The workers or casual employees that also engage in the platform to get a labour shift, are also called “Clients” on the present legal agreement. Therefore, this Agreement applies to any party or “Client“ ( employees and businesses ) using the QuickCrew Platform that processes a Job Brief , unless there is another written and signed agreement between QuickCrew and the Client that sets out the terms and conditions relating to QuickCrew providing the Services to the Client, and that agreement has not expired or been terminated as at the date the Job Brief is created.
Each of QuickCrew and the Client are referred to as a “Party” and collectively, the “Parties”.
Preamble
• QuickCrew provides casual staff on a labour hire basis.
• The Client wishes to engage QuickCrew to provide labour as outlined in a Job Brief.
• This Agreement sets out the terms and conditions upon which QuickCrew will provide the Services to the Client.
• By processing a Job Brief, the Client confirms that it agrees to be bound by this Agreement, including any amendments made in accordance with its term
1. Definitions and Interpretation
1.1 Definitions
In this Agreement:
Agreement means this document, including any Schedules to it and any document signed by both of the Parties that varies or supplements it in accordance with its term: Associated Person has the same meaning as it does in the Income Tax Act 2007;
Business Day means any day which is not a Saturday, Sunday or designated public holiday or bank holiday in New Zealand;
Confidential Information means any information of a confidential nature provided by or made available by a Party, or otherwise obtained by a Party, whether before or after execution of the Agreement, in connection with the Party, the Services or this Agreement, including:
• all confidential business information, documents, records, financial information, reports, technical information and forecasts which relate to the Party or the Party’s business;
• the Party’s Intellectual Property; or
• any information created under or arising out of the provision of Services under this Agreement; but does not include information which:
i. Becomes part of the public domain, other than through a breach of this Agreement or an obligation of confidence owed to the Party or any of its Representatives;
ii. Was known to Party at the time of disclosure, unless such knowledge arose through breach of an obligation of confidence
iii. Was independently acquired by a Party or developed without breaching any of the obligations set out in this Agreement;
Developed IP means Intellectual Property that is developed or created by QuickCrew (including the information provide by any Client) during, the course of and for the purposes of providing the Services to the Client, but excludes any pre-existing Intellectual Property of QuickCrew, the Employee or The Company;
Force Majeure Event means any event which (i) is unforeseen and beyond the control of a Party, (ii) occurs without fault or negligence of a Party, and (iii) prevents or delays a Party from performing all or a portion of its Services or obligations under the Agreement or under a Job Brief. Such events may include, but are not limited to one or more of the following:
a. Acts of God, earthquake, fire, flood, storm;
b. Any act of: war, terrorism, riot, insurrection, vandalism or sabotage;
c. Strikes, stoppages, labour disputes and other forms of industrial disturbance;
d. explosion;
e. Power shortage, breakdown of plant, machinery or equipment;
f. Any matters related to pandemic or epidemic; or
g. Any measures taken by the government
GST has the meaning given to the term in the Goods and Services Tax Act 1985, related legislation and any delegated legislation made pursuant to such legislation;
Insolvency Event in relation to a Party means anything that reasonably indicates that there is a significant risk that that Party is or will become unable to pay its debts as they fall due. This includes:
a. The business’s suspension or cessation of its activities
b. Its liquidation or insolvency or a step being taken to make the Party bankrupt or to wind the Party up;
c. A meeting of the Party’s creditors being called or held;
d. The Party entering into any type of arrangement with, or assignment for the benefit of all or any of its creditors;
e. The Party being made subject to a deed of company arrangement;
f. A step being taken to have a receiver, receiver and manager, liquidator or provisional liquidator appointed to the person or any of its assets; or
g. Any other act which shows or tends to show that it is insolvent;
Intellectual Property means all present and future rights conferred under statute, common law or equity in and to inventions, know-how, confidential information, trade secrets, patents, patent applications, registered and unregistered trade-marks, registered and unregistered designs, copyright, circuit layouts and all other rights protected by law resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields;
Job Brief means a request for the provision of labour hire services posted by the Client at the QuickCrew Platform or in writing via another method as agreed by the Parties;
Loss means any claim, damage, loss, cost, charge, expense (including legal costs), outgoing, payment or liability of any kind, including any claims by third parties;
Party means QuickCrew or the Client as the context requires;
Rate means the sum set out in Clause 8.1 as payment by the Client to QuickCrew under a Job Brief;
Reporting Requirements means any statutory or other obligation (including an obligation imposed as a condition of QuickCrew’s holding any license or certification) that QuickCrew has to make reports, or submit to audit, about the provision of QuickCrew’s Services or supply chains;
Representative means any director, officer, employee, agent, contractor, subcontractor, adviser or Associated Persons of a Party, and for the avoidance of doubt, when referring to QuickCrew, includes its Employees;
Services means the provision by QuickCrew of labour hire services to the Client in response to a Job Brief;
Employee means an employee of QuickCrew who is selected to provide the Work to the Client in accordance with a Job Brief;
QuickCrew Platform means any system, website or platform provided by QuickCrew (including the QuickCrew Sites) to facilitate the engagement of Employees by hirers via QuickCrew, and includes any other sites and services owned or controlled by QuickCrew.
QuickCrew Sites means the websites at www.QuickCrew.com/nz and https://app.QuickCrew.com/account/login; Term means the period from which this Agreement first becomes effective until the date on which it is terminated;
Work means services performed or provided by a Employee at the Work Site in response to a Job Brief;
Work Site means any location, premises or building at which a Employee is, will or has worked for the purposes of providing the Work.
1.2 Interpretation
In this Agreement, except where the context otherwise requires:
a. The singular includes the plural and vice versa, and a gender includes other genders;
b. Another grammatical form of a defined word or expression has a corresponding meaning;
c. A monetary reference is to New Zealand currency;
d. A reference to time is to New Zealand Daylight Time or New Zealand Standard Time (as the case may be);
e. A reference to a Party includes the Party’s executors, administrators, successors and permitted assigns and substitutes;
f. A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
g. A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
h. The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
i. Headings are for ease of reference only and do not affect interpretation;
j. If a Party consists of more than one person, this Agreement binds each of them separately and any two or more of them jointly;
k. An obligation, representation or warranty in favour of more than one person is for the benefit of them jointly and collectively;
l. Any agreement, representation, warranty or indemnity in favour of two or more Parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
m. A rule of construction does not apply to the disadvantage of a Party because the Party was responsible for the preparation of this Agreement or any part of it; and
n. If a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or the next Business Day.
2. Term
This Agreement will remain in force for the Term unless terminated earlier or extended in accordance with this Agreement.
3. Services
3.1 Provision of the Services and use of QuickCrew Platform
3.1.1 QuickCrew will provide the Services to the Client on the terms set out in this Agreement.
3.1.2 These terms constitute the master agreement between QuickCrew and the Client for the supply of Employees through the Client’s use of the QuickCrew Platform.
3.1.3 For the avoidance of doubt, the Client does not have to accept QuickCrew’s terms, and should feel free to negotiate the terms with QuickCrew. However, once the Client has accepted the terms, they will govern all future Job Briefs and Services provided unless they have been varied or terminated according to the terms of this Agreement.
3.2 Non-exclusive appointment
The appointment of QuickCrew is non-exclusive and this Agreement does not purport to restrict QuickCrew’s right to perform any services itself or contract with third parties for the performance of services similar to the Services provided by QuickCrew to the Client.
3.3 No guarantee of being able to supply a Employee
3.3.1 QuickCrew does not guarantee that it has a suitable or available Employee for any given Job Brief posted by the Client.
3.3.2 The Client accepts the risk that an Employee who has accepted a shift under a Job Brief may withdraw from the shift at any time and for any reason. QuickCrew will use reasonable endeavor to assist the Client to get a replacement of Employee(s) when it is reasonably practicable to do so, but the Client acknowledges that QuickCrew cannot guarantee that it will have suitable and available Employees to fulfil the Job Brief. QuickCrew shall not be liable for any Loss suffered by the Client associated with such withdrawal.
3.4 Smart Hire Fee
All interactions between a Client and an Employee initiated through QuickCrew must be arranged through the QuickCrew Platform. If following the provision of the Services (and within 3 months since an Employee was last engaged by the Client), the Client wishes to directly employ an Employee, it may do so if it has first advised QuickCrew of this intention in writing. In such cases, unless otherwise agreed by the Parties, the hiring company “Client” must pay QuickCrew the Base Fee agreed on the Service Agreement signed by Quick Crew and the Client agreement , or shift hour each Employee it employs. If the Client employs a Employee directly but does not advise QuickCrew of this in writing prior to the first day of that employment arrangement commencing, the hiring Company (“Client“) must pay QuickCrew, at QuickCrew’s discretion, a Breach Fee Base Fee, as set out in the Agreement Service signed by both parties, for each Employee it employs. The applicable Base Fee Breach Fee (as the case may be) must be paid to QuickCrew in full within the period as set out in Clause 8.6 once QuickCrew issues a tax invoice to the Client for such fee, or as otherwise agreed by the Parties in writing.
For the avoidance of doubt, the percentage Base Fee and Breach Fee will not apply if an Employee responds (unsolicited) to a general advertisement and bona fide recruitment campaign of the Client that is not targeted at the Employee(s).
4. Employees
4.1 Employment of Employees
QuickCrew will employ its staff under the most appropriate employment contract type in accordance with relevant employment legal frameworks.
4.2 Terminating or changing work patterns of Identified Employees
4.2.1 The Client acknowledges that, from time to time, the employment status of an Employee might change due to statutory provisions, legal compliance, Immigration legal changes, and other reasons (including but not limited to casual conversion). QuickCrew will notify the Client if it identifies any Employee(s) engaged by the Client is subject to such possible change of employment status.
Upon receiving such notification from QuickCrew, if the Client decides to continue to engage the identified Employee(s) in any Job Briefs, the Client agrees that:
a. It will comply with the required termination notice period as notified by QuickCrew, and will provide adequate notice of any intended changes to the Work arrangement of the identified Employees in advance;
b. It will pay any revised Rates and other entitlements of that identified Employee(s) as notified by QuickCrew;
c. QuickCrew may withdraw one or more of the identified Employee(s) from continuing to perform Work for the Client at its sole discretion.
4.2.2 The “otherwise working day” in this Clause 4,2,2 applies if an Employee has worked for the Client on a particular day of the week in 3 out of the 4 preceding weeks, which coincides with the day of the week that a public holiday falls on. Unless the Parties have agreed to an alternative arrangement in writing:
a. Where a Employee is required to work on a public holiday that would be an ‘otherwise working day’ within their regular pattern of work, the Employee will be entitled to:
i. an alternative holiday; and
ii. payment of the Employee’s relevant daily pay or average daily pay (if applicable) for the time worked on that day plus half that amount again.
b. If the Employee is not required to work on a public holiday that would be an ‘otherwise working day’ within their regular pattern of work, the Employee will be entitled to be paid at the Employee’s relevant daily pay or average daily pay (whichever is applicable).
The Client will be invoiced for the Rate, pursuant to clause 8.1 of this Agreement, relating to the payment of wages to the Employee for the public holiday and for the alternative day of holidays, if applicable, pursuant to this clause.
Example: 18 April 2022 (Monday) is a public holiday in New Zealand. The provisions in clause 4.2.2 (a) and (b) will apply if an Employee worked on 11 April 2022 (Monday), 4 April 2022 (Monday), and 21 March 2022 (Monday) for the Client (i.e., 3 out of 4preceding weeks). Parties may agree to an alternative arrangement in writing, such as a pre-agreed loading percentage on standard rate of the Employee to replace the provisions in (a) and (b).”
4.3 Warranties in relation to Employees
QuickCrew warrants that, in connection with each Employee provided to the Client:
a. It has complied with all applicable laws and regulations, including but not limited to any occupational health and safety, workers compensation, superannuation, employment, discrimination and Immigration laws;
b. It will be responsible for each Employee’s statutory entitlements, including but not limited to wages, overtime, annual leave, personal leave, Accident Compensation, Corporation levy costs, and notice payments (if applicable);
c. It will pay all necessary taxes (including, if applicable, fringe benefits tax, income tax and payroll tax) and superannuation / KiwiSaver in relation to the Employee and provide the Employee with group tax certificates; and
d. It will keep all necessary employment records of the Employee.
4.4 Standard of behaviour
QuickCrew will take reasonable steps to require its Employees to:
a. Comply with the Client’s relevant policies and procedures relating to occupational health and safety which have been provided to QuickCrew in writing not less than 10 Business days prior to the commencement of Work by the Employee(s) at the Work Site;
b. Comply with lawful and reasonable directions of the Client and its Representatives;
c. Keep the Client’s Confidential Information confidential;
d. Wear such clothing (including personal protective clothing) provided by Client, and use such equipment while at the Client’s facility as is reasonably appropriate or otherwise reasonably required by the Client;
e. Comply with any conditions of entry or other site specific requirements as notified by QuickCrew and/or the Client from time to time; and
f. Not use any property of the Client for any purpose other than to perform the Work required by the Client and will return any such property of the Client used in the provision of the Work to the Client
5. Other obligations of QuickCrew
QuickCrew will take reasonable steps to verify that the Employees hold the relevant qualifications or certifications as specified by QuickCrew in the QuickCrew Platform, but does not warrant the Employees’ ability to carry out any specific tasks by holding such documentation. It is the responsibility of the Client to ensure that the Work requested in the Job Brief is performed with due consideration and assessment of the skill level, competence and experience of the Employees.
Because the Employees are under the Client’s supervision, direction and instruction, QuickCrew makes no representation or guarantee that it or any of its Employee will achieve a certain level of performance, achieve a certain outcome, solve a particular problem, or attain a specific goal.
6. Obligations of the Client
6.1 General obligations
The Client must:
a. provide QuickCrew via its online platform with full and accurate information about the Services requirements relevant to the Job Brief, and all other information and assistance reasonably necessary to enable QuickCrew to provide Services and Employees to perform their Work;
b. not allocate tasks or responsibilities to the Employees or require the Employees to perform or participate in Work other than in accordance with the relevant Job Brief description;
c. Immediately advise QuickCrew in writing once it is aware that the work, role, responsibilities or work conditions the Client sets for a Employee at the time when the Work is being performed do not match the role classification that the Client selected when creating the Job Brief;
d. Not on-hire, second, or lend the Employees to any other person or organisation without QuickCrew’s express permission;
e. Ensure that Employees will be covered by the following insurance policies, or other suitable and permissible statutory indemnity or self-insurance arrangements, whilst performing their Work at the Work Site:
(i) public liability, professional indemnity, if relevant to the type of Work to be performed;
(ii) compulsory third party motor vehicle insurance, and fully comprehensive motorvehicle insurance (including third party personal injury, own damage, third party property damage liability and third party personal injury gap) for any vehicles operated by a Employee;
(iii) workers’ compensation under applicable legislation in the relevant jurisdiction; but only if the legislation casts that responsibility on the Client;
f. Report to QuickCrew any adverse conduct or performance issues that arise in relation to the Employees; and
g. Not, without QuickCrew’s consent, require the Employees to perform any work beyond the skill level and classification or description pertaining to the Work or of a type different to that which QuickCrew agrees they are to perform.
6.2 Documents and information to be provided
The Client agrees to:
a. provide QuickCrew (if requested) with copies of all its induction, training and safe work procedures prior to any Employee commencing Work;
b. Establish, maintain and provide QuickCrew with copies of policies and procedures (including occupational, health and safety policies and procedures, and any updates of them) that are relevant to the provision of Services by QuickCrew and safety of the Work Site; and
c. Keep QuickCrew fully informed about all aspects of the Client’s use of the Services by QuickCrew, including providing, in a timely manner, any information which QuickCrew may reasonably require in order to meet any Reporting Requirements of QuickCrew.
6.3 Other obligations on occupational, health & safety
The Client will:
a. Allow QuickCrew, its agents, and Employees to access the Work Site to enable QuickCrew:
(i) To assess the safety of the Work Site
(ii) to conduct any inquiries following an incident; and
(iii) to provide Services and Employees to perform the Work.
b. Ensure the health and safety of Employees at all times whilst they are under the Client’s management and control and/or working at a Work Site;
(ii) c. Inform the Employees and QuickCrew promptly of any unusual workplace risk or practice or of any change in site or safety conditions that may present hazard to our Employees;
d. Promptly notify QuickCrew of any event or circumstances (including any injury or illness) that may give rise to a claim which relates to the Employees (or the Work they perform), whether such policy, indemnity or arrangement is held or established by QuickCrew or by the Client;
e. Not to request Employees to perform or participate in any work or use any equipment with which the Employees are unfamiliar or in respect of which they are unqualified or have not received adequate training;
f. Adequately supervise, instruct and direct the Employees properly at all times whilst they are at the Work Site or during performance of Work;
g. Provide induction (including site and safety induction), training, skill assessment of Employees, and safety consumables to the Employees as appropriate and reasonably necessary for the Work to be performed, at the Client’s costs;
h. Make all reasonable adjustments that may be required by any applicable anti-discrimination laws; and
i. Consult, co-operate and co-ordinate activities, in good faith, with QuickCrew and any other person who has a duty in relation to the work health and safety or welfare of the Employees in accordance with the requirements of the applicable Work Health & Safety Laws or any other law relating to health and safety in the workplace, including those of any relevant work health & safety code of practice or interpretative guideline that is promulgated under legislative authority and, so far as they may be applicable, in accordance with the provisions of QuickCrew safety management system (should QuickCrew has one) current from time to time.
6.4 Suspension or termination of Services due to occupational, health & safety concerns
6.4.1 If it reasonably appears to QuickCrew that the Work Site is or has become unsafe for any reason, (including if the Client has not established safe work procedures, not complying with safety standards, not maintaining plant and equipment, or not complying with any health and safety legislation or regulations), QuickCrew may (i) suspend the Services and supply of Employees to the Work Site and for the Client; and / or (ii) terminate this Agreement immediately pursuant to Clause 14.1.
6.4.2 The Client agrees to indemnify QuickCrew and its Employees for any Loss suffered or incurred to the extent arising out of or in connection with any breach or non-compliance by the Client with its obligations set out in Clauses 6.1 to 6.3.
6.5 No duty to review
6.5.1 QuickCrew does not assume or owe any duty of care to the Client to review any documentation (including without limitation the policies and documents provided under Clause 6.2) provided by the Client, or any other documentation for errors, omissions or compliance with any laws or this Agreement.
6.5.2 No review, comment, changes requested, approval, or failure to review by QuickCrew of that documentation referred to in Clause 6.5.1 will:
a. Relieve the Client from, or alter or affect, the Client’s liabilities or responsibilities whether under this Agreement or otherwise according to law; or
b. Prejudice QuickCrew’s rights and remedies against the Client whether under this Agreement or otherwise according to law.
6.6 Authorised Users
It is the Client’s sole responsibility to keep and maintain an accurate list of its current authorised users of the QuickCrew Platform. The Client agrees that the Client is responsible for any requests made (including Job Brief submitted) and all actions by its authorised users, including payment of any associated Rates, costs or liabilities related to such request or action, regardless of whether or not the request or action was actually authorised by the Client.
7. Cancellation of Job Brief by Client
7.1 Subject to Clause 7.2, the Client must submit (using the QuickCrew Platform) any cancellation or amendment to a Job Brief (including any change of time or reduction of time) 6 hours prior to the expected commencement time of the Work under the JobBrief, failing which, QuickCrew may, at its discretion, charge the Client the applicable Rates up to full 4 hours of the affected Work expected to be performed by the relevant Employee(s) under a cancelled or amended Job Brief.
7.2 In relation to any Job Brief which is “continuous” for 4 weeks or more / or Job Brief which falls within the definition of “shift” under s67G Employment Relations Act 2000, the Client must submit (using the QuickCrew Platform) any cancellation or amendments to a Job Brief (including any change of time or reduction of time) 12 hours prior to the expected commencement time oft he Work under such Job Brief, failing which, QuickCrew may charge the Client 50% of the applicable Rates of the affected Work expected to be performed by the relevant Employee(s) under such cancelled or amended Job Brief.
7.3 For the purpose of Clause 7.2, a Job Brief is considered to be “continuous” if one or more Employee(s) is required to perform Work for a Client for a continuous period of 4 weeks or more, even if the working hours of the Employee may occur at different times on different days of the week.
8. Payment
8.1 Rates
8.1.1 Unless otherwise agreed in writing between the parties, the Client will pay QuickCrew the equivalent of the sum comprising the components set out in (a) to (c) below with respect to each of the Job Brief:
a. The total gross wage costs paid to the Employees before tax deductions, including but not limited to overtime and penalty rates, and employee entitlements (if any); and
b. On-costs (being the equivalent costs apply to QuickCrew as employer of the Employees) which include but not limited to the following costs:
i. KiwiSaver costs;
ii. Accident Compensation Corporation levy costs
iii. A levy for the cost of other insurances, equivalent to 0.5% of the sum of the total gross wage amount paid to Employees before tax deductions plus the KiwiSaver costs; and
iv. Other relevant costs added and presented to the Client as part of the “on-costs” after the Client has filled out the relevant information of a Job Brief (but before posting it via the QuickCrew Platform for processing).
c. A service fee calculated in accordance with Clause 8.1.2 (the “Service Fee”);
(the total sum payable by the Client under a Job Brief as set out in (a) to (c) above is collectively known as the “Rate”).
8.1.2 The Service Fee will be calculated by multiplying the sum of all components from Clause 8.1.1(a) and (b) by an agreed percentage, unless agreed otherwise in writing by QuickCrew.
8.1.3 The Client will be shown an estimated Rate applicable to the Job Brief (including the total of estimated gross wage costs, on-costs, and service fee per hour) after it has filled out the relevant information of a Job Brief (but prior to posting the Job Brief via the QuickCrew Platform for processing). The Client may request for further information from QuickCrew regarding the estimated Rate (including its breakdown or calculation) by contacting QuickCrew and choose not to proceed with the posting of the Job Brief if it does not agree with the estimated Rate. The Client accepts that the estimated Rate is an approximation based on the information provided by the Client at the time when the Job Brief is filled out and/or posted. The actual Rate payable by the Client will be confirmed after the Services and Work by the Employees are performed, and/or after timesheet is submitted and verified pursuant to Clause 8.3, and is subject to variation under Clauses 8.2.1 and 8.2.2.
8.1.4 For the avoidance of doubt, the Rate does not include any additional checks or verifications of Employees not stated in the QuickCrew Platform and any additional recruitment of Employees required by the Client outside of the QuickCrew Platform. Charges of such additional services will be provided upon request by the Client.
8.2 Variation of Rate
8.2.1 The Client acknowledges that the total gross wage and on-costs components referred to in Clause 8.1.1 (a) and (b) are subject to change from to time as a result of, amongst other things, changes to on-costs imposed by third parties (including statutory on-costs), Award provisions, government provisions, and market dynamics. The Client agrees that such changes shall become effective and apply to the Rate from the date the changes come into force at QuickCrew. With respect to any existing or outstanding Job Brief that have already been accepted by both Parties, QuickCrew will use its best endeavors to notify the Client of any such expected changes with reasonable notice. The Client agrees to pay QuickCrew the increased Rate from the applicable effective date, including any proportional change to the amount of Service Fee as a result of such changes.
8.2.2 Subject to and without affecting QuickCrew’s rights under Clause 8.2.1, QuickCrew may, at any time during the Agreement, vary the Rate of any existing or outstanding Job Brief previously accepted by both parties, in any other way (including varying the calculation mechanism set out in Clause 8.1 or the applicable percentage of the Service Fee) by giving the Client 28 days written notice of such variation.
8.2.3 The Parties acknowledge and agree that the period set out in Clause 8.2.2 above provides reasonable time for them to consider their options, obtain advice, conduct negotiations, cancel a Job Brief and terminate this Agreement, without penalty, should they wish to do so.
8.2.4 If the Client does not agree with the variation of Rate and the Parties cannot achieve an agreement on that, the Client may cancel any existing or outstanding Job Brief in accordance with Clause 7, cease posting any new Job Brief using the QuickCrew Platform, or terminate this Agreement without cause pursuant to Clause 14.2.
8.3 Timesheets Approval
8.3.1 Unless otherwise agreed in writing by the Parties, the Employees will use the QuickCrew Platform to track their time worked for the Client for a Job Brief, and will submit a timesheet for Client’s approval via the QuickCrew Platform.
8.3.2 The Client shall verify and approve a timesheet within 2 Business Days once a timesheet is submitted through the QuickCrew Platform (“Timesheet Approval Period”).
8.3.3 For Client who use the “Custom Term” payment method (for more information, see Clause 8.6.2), If the Client does not dispute the timesheet within the Timesheet Approval Period, QuickCrew will make its own estimate of the time worked by the Employees and invoice them accordingly.
8.4 Employees are employees of QuickCrew
It is expressly agreed between QuickCrew and the Client that notwithstanding any wording in this Agreement that might possibly suggest or be interpreted otherwise, nothing in this Agreement is intended to deem any Employee an employee or contractor of the Client while they are providing the Work. Employees are the employees of QuickCrew at all times while providing the Work and QuickCrew is responsible for the payment of all wages and related on-costs for the Employees.
8.5 GST
8.5.1 The Rate is exclusive of GST.
8.5.2 In addition to the Rate, the Client will pay QuickCrew any GST payable in respect of the Services, on the same date on which payment for the relevant Services are due and payable, if they apply.
8.6 Invoices and payment
8.6.1 All invoices properly issued by QuickCrew must be paid and settled by the employee within 14 days from the date the invoice is issued where:
a. The invoice is a tax invoice within the meaning of the Goods and Services Tax Act 1985; b. the rates claimed in the invoice are due for payment under this Agreement; and
c. The invoice is addressed to the Client provided the circumstance.
8.6.2 The Client is required to provide payment information through the QuickCrew Platform during registration, and make any changes or updates to its preferred payment method prior to the commencement of a Job Brief. Further information about the different payment methods (including the default payment method), and their associated payment terms and conditions (including the date of invoice, and the date when payment would be charged and deducted) are set out at Quick Crew’s client’s registration site located on the company’s platform.
8.7 Interest on overdue balances owing to QuickCrew
8.7.1 Any amount not paid by the Client to QuickCrew on time as set out in Clause will be submitted to the following :
8.6.1 Will accrue interest payable to QuickCrew at a daily rate of 2.5% per annum above its bank rate, calculated daily from the first day it becomes overdue.
8.7.2 Without prejudice to any other rights or remedies of QuickCrew under this Agreement, QuickCrew may suspend its Services to the Client with immediate effect if the Client fails to make payment for any invoice(s) pursuant to Clause 8.6.1 of this Agreement.
8.8 Recovery costs
The Client will pay (on a full indemnity basis) all Loss, including costs and expenses of QuickCrew, its legal advisers, mercantile agents and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of this Agreement by the Clients
9. Warranties
Each Party represents and warrants to the other Party:
a. It has full corporate power to enter into and give effect to this Agreement and the transactions contemplated by this Agreement;
b. It has taken all necessary action to authorise the execution, delivery and performance of this Agreement;
c. The execution, delivery and performance of this Agreement does not contravene any contractual, legal or other obligations that apply to it; and
d. The obligations under the Agreement will be valid, binding and enforceable.
10. Limitation of liability and exclusions
10.1 Limit of liability
To the maximum extent permitted by law and subject to Clause 10.2, QuickCrew’s liability to the Client for any liability under or in connection with the Agreement (whether under any Job Brief, in contract, tort, under statute or otherwise) shall be limited to the Rate(s) actually paid by the Client to QuickCrew in the three (3) months period immediately preceding the event giving rise to such claim.
10.2 Exclusions of Liability
10.2.1 Neither Party shall in any circumstances be liable in contract, in tort, under statute or otherwise for any loss of investment, loss of contract, loss of production, loss of profits, loss of time or loss of use or any consequential or indirect loss sustained by the other Party.
10.2.2 The Client acknowledges that QuickCrew does not hold motor vehicle or any other relevant insurance for vehicles that are registered or required at law to be registered and which are not owned by QuickCrew. QuickCrew shall not be held liable, and the Client shall indemnify QuickCrew and its Employees against, any Loss (including liability under any indemnity or claims by third parties) related to a Job Brief, to the extent that the Loss (i) is arising out of or in connection with driving or operating any motor or commercial vehicle(s) by the Employee(s) in the course of their Work (forklift excluded); or (ii) would ordinarily and commonly be covered by a motor vehicle insurance policy or any such equivalent or relevant insurances (including those listed in Clause 6.1(e)(ii)).
10.2.3 The Client acknowledges that the Employees will be working under the Client’s supervision, control, direction, and instruction at the Work Site. Due to this reason, the Client agrees that QuickCrew will not be liable to the Client for, and the Client will indemnify QuickCrew against, any Loss of whatsoever nature or kind, however caused by one or more of the Employees (including by their negligence) whilst they are working for the Client under a Job Brief.
10.2.4 Nothing in this Agreement excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any statutory provisions (including the Consumer Guarantees Act 1993.) which cannot lawfully be excluded, restricted or modified, or cannot be done so except to a limited extent. If those statutory provisions apply, then to the extent to which QuickCrew may do so, QuickCrew’s liability for any breach of those provisions will be limited to its option to the supply of Services again or payment of the cost of having the Services supplied again.
11. Intellectual Property
11.1 QuickCrew acknowledges and agrees that all Intellectual Property and other information that the Client provides or makes available to QuickCrew remains the property of the Client or its licensors. QuickCrew must not and must procure that an Employee does not use or reproduce such Intellectual Property or information for any purpose other than for the purpose of performing its obligations under this Agreement.
11.2 The Client acknowledges and agrees that QuickCrew continues to own all of its own Intellectual Property existing at the date of this Agreement or coming into existence during the Term of this Agreement (including any improvement to such Intellectual Property developed during the Term of the Agreement). QuickCrew grants the Client a limited, revocable right to access and use the QuickCrew Platform for the purpose and to the extent as allowed under this Agreement during the term agreed upon the present.
11.3 All Developed IP will be owned by QuickCrew without the need for further formality.
12. Confidentiality
12.1. Obligations of Confidence
12.1.1 Where either Party receives Confidential Information from the other under this Agreement, each must:
a. Keep the Confidential Information confidential;
b. Not use, disclose or reproduce the Confidential Information for any purpose other than the purposes of this Agreement;
c. Not, without the other’s written consent, disclose Confidential Information to any person other than its Representatives who need the information for the purposes of this Agreement; and
d. Establish and maintain effective security measures to safeguard the Confidential Information from unauthorised access, use, copying or disclosure.
12.1.2 Notwithstanding any other terms in this Agreement, the Client agrees and acknowledges that all information regarding the Employees is provided to the Client confidentially and solely for the purpose of supplying the Services as requested under the Job Brief. The Client agrees not to use or disclose the information for any other purpose without QuickCrew’s consent, even if it is otherwise in the public domain.
12.2 Further permitted use and disclosure
12.2.1 Notwithstanding Clause12.1, either Party may use or disclose Confidential Information to the extent necessary to:
a. Comply with any law or binding directive of a regulator or a court order;
b. Comply with the listing rules of any stock exchange on which its securities are listed; or
c. Obtain professional advice in relation to matters arising under or in connection with this Agreement.
12.3 Return of Confidential Information
12.3.1 The Client must immediately on demand, or on completion or termination of this Agreement, return to QuickCrew, or destroy if requested, any documents in its possession, power or control containing QuickCrew Confidential Information, including any information about the Employees, unless it is required by law to retain a copy of such Confidential Information.
12.3.2 For the avoidance of doubt, the return or destruction of Confidential Information in accordance with this Clause 12.3 does not relieve the Client from any of its confidentiality and privacy obligations under this Agreement.
12.4 Obligations to continue after Agreement ends
All obligations of confidence set out in this Agreement capable of surviving termination or expiry of this Agreement shall continue in full force and effect after this Agreement ends.
13. Privacy obligations
13.1 Each Party agrees to comply with the Privacy Act 2020 and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of personal information, as if it were regulated by these laws (whether or not regulated).
13.2 In particular, the Client agrees to preserve the privacy of personal information concerning any of the Employees, whose personal information has been provided to the Client or accessed by the Client, to a standard not less than that prescribed by any applicable privacy and personal data protection laws referred to in Clause 13.1.
13.3 QuickCrew’s Privacy Policy applies to all clients and users of QuickCrew Platform, and forms part of this Agreement. Use of the QuickCrew Platform confirms that the Client consents to, and authorises, the collection, use and disclosure of its personal information in accordance with QuickCrew’s Privacy Policy, which is available at QuickCrew website or by request.
14. Termination
14.1 Immediate Termination
14.1.1 Either Party may immediately terminate this Agreement by written notice to the other if any of the following occurs:
a. The other Party breaches a term of this Agreement and such breach is not remedied within 7 days of the aggrieved Party so requesting it to be remedied or the breach is of such a nature that it cannot be remedied;
b. The other Party is the subject of an Insolvency Event;
c. The other Party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
d. The other Party or any of their Representatives are found to be guilty of fraud, dishonesty or any other serious misconduct or
e. Any warranty given in Clause 9 is found to be untrue or misleading.
14.1.2 In addition and without prejudice to Clause 14.1.1, QuickCrew may immediately terminate this Agreement by written notice to the Client if it reasonably appears to QuickCrew that the Work Site is or has become unsafe for any reason, including due to the reasons as set out in Clause 6.4.
14.2 Termination Without Cause
Either Party may terminate this Agreement at any time without having to ascribe any cause by providing 14 days prior written notice of termination.
14.3 Consequences of Termination and Continuing Obligations
14.3.1 The termination or expiration of this Agreement does not affect accrued rights or remedies, including but not limited to each Party retaining its rights in respect of any breach by the other Party and the Client must pay QuickCrew for any Services provided, in accordance with Clause 8.6 if agreed in writing between the parties. For the avoidance of doubt, Clause 8.7 of this Agreement will survive the expiration or termination of this Agreement until such time as all amounts owed to QuickCrew by the Client/Employee have been paid in full.
14.3.2 Unless otherwise agreed in writing between the parties, all Services and / or Work requested under the existing or outstanding Job Briefs that have not been performed will be deemed to have been cancelled on the effective termination or expiration date of this Agreement.
14.3.3 Notwithstanding Clause 14.3.2, if after the effective date of the termination or the expiration of the Agreement, there remains any Services and / or Work under any existing or outstanding Job Briefs that have not been performed and the Parties agree to continue with the Services and / or Works of the Job Briefs, this Agreement will continue to apply in respect of those existing and outstanding Job Briefs until the obligations under the Job Brief have been performed by both Parties.
15. Marketing & Publicity
15. The Client agrees to grant to QuickCrew the right to use the Client’s name and logo in QuickCrew’s website, marketing materials or other oral, electronic, or written promotions, which shall include naming the Client as a client of QuickCrew and a brief scope of services provided. The Client may opt-out from this clause by contacting support@QuickCrew.co.nz
16. Force Majeure
16.1 If a Party is prevented from or delayed in performing an obligation under this Agreement (including under any Job Brief, other than an obligation to pay invoices pursuant to Clause 8.6) by a Force Majeure Event, then the obligation is suspended during, but for no longer than, the period the Force Majeure Event continues and such further period as reasonable in the circumstances. Neither Party shall be liable for any such suspension, delay or disruption to the performance of any obligations as a result of such Force Majeure Event.
16.2 The Party that is prevented from or delayed in performing the obligation must as soon as reasonably possible, notify the other Party of its inability to perform the obligation due to the Force Majeure Event. The Client must also comply with the obligations to cancel a Job Brief in accordance with Clause 7 in such circumstances.
17. Notices
17.1 All notices to be given under this Agreement are to be given in writing.
17.2 Notices must be forwarded to the other Party by either prepaid post / registered mail or email to the contact details set out in this clause, or otherwise as updated and notified in writing to the other Party from time to time:
QuickCrew: 28 Hallenstein St.
Head of legal, QuickCrew Queenstown, NZ 9300
(Email): info@QuickCrew.com.nz
Client: (Address & Email): As provided through the QuickCrew Platform during registration or as updated and notified in writing by the Client to QuickCrew
17.3 All notices served under this Agreement will be considered to have been received three Business Days after posting, unless sent by email in which case the notice will be deemed to have been received on the date shown on the sender’s transmission report.
17.4 The Client/Employee is responsible for providing QuickCrew with the most current email address. In the event if the last email address the Client provided to QuickCrew is not valid, or for any reason is not capable of delivery to the Client any notice required or permitted by this Agreement, QuickCrew’s dispatch of the email containing such notice will nonetheless constitute effective notice.
18. Relationship
Nothing contained or implied in this Agreement constitutes a Party the partner, agent or legal representative of the other Party for any purpose, or creates any partnership, employment, agency or trust. Neither Party has the authority to bind the other Party in any way.
19. Severability
If any part of this Agreement is held to be invalid, unlawful or unenforceable in any way, that part will be deemed as severed from the Agreement and the remaining provisions will not be affected and will remain in full force for the Term.
20. Assignment
The Client may not assign its rights or obligations under this Agreement without the prior written consent of QuickCrew.
21. No Waiver
21.1 A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
21.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
21.3 A waiver is not effective unless it is in writing.
21.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
22. Governing Law
This Agreement will be governed by the laws of New Zealand and the Parties irrevocably submit to the non-exclusive jurisdiction of the courts in that jurisdiction.
23. Entire Agreement
This Agreement constitutes the entire agreement between the Parties in respect of the Services and each Parties rights and obligations, and supersedes all other agreements, representations, negotiations and correspondence.
24. General – No Warranty
24.1 Except as provided herein and to the extent allowed by law, the Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, QuickCrew and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
24.2 Where QuickCrew provides a report of any sort to the Client produced or provided to QuickCrew by a third party provider(including but not limited to letters of reference, star ratings submitted by other clients, police reports, medical test reports and drug and/or alcohol test reports), or when QuickCrew obtains such report and it summarises, makes a conclusion, and / or represents the results or information to the Client, QuickCrew does not warrant the accuracy of those reports and the Client agrees that QuickCrew will not be held responsible should it be found that any such report or its information was inaccurate.
24.3 QuickCrew does not warrant that:
(i) the QuickCrew Platform will meet the Client’s specific requirements, or (ii) the use of QuickCrew platform will be uninterrupted, timely, secure or error-free.
25. Dispute Resolution
25.1 Notice of Dispute
If a difference or dispute between the parties arises in connection with the subject matter of this Agreement, then either party shall give the other party a written notice adequately identifying and providing details of the dispute (“Notice of Dispute”).
25.2 Conference
Within 5 Business Days after receiving a Notice of dispute the parties shall confer at least once to resolve the dispute or to agree on methods of doing so. At every such conference each party shall be represented by a person having authority to agree to such resolution or methods. All aspects of every such conference except the fact of occurrence shall be privileged.
25.3 Mediation
If the parties are unable to resolve the dispute via conference, either party may refer any dispute to mediation by a mediator agreed by the parties or, failing agreement, by a mediator appointed by the President of the Law Institute or Law Society in the jurisdiction referred to in Clause 22 of this Agreement. Upon referral to mediation the parties will use their best endeavors to resolve the dispute.
25.4 No Court Proceedings
A Party may not start court proceedings in relation to a dispute until it has exhausted the procedures in Clauses 25.1 to 25.3. However, neither party is prevented from applying to a court at any stage for urgent injunctive or other interlocutory relief.
26. Changes to this Agreement
26.1 QuickCrew reserves the right to modify the terms of this Agreement or its policies relating to the QuickCrew Platform at anytime, effective upon posting of an updated version of this Agreement on the QuickCrew website. However, if any change to the terms of this Agreement will materially disadvantage a Client, or materially impact the availability of QuickCrew Service, QuickCrew will provide 30 days’ notice to the email address provided by the Client.
26.2 If QuickCrew does make changes to the terms of this Agreement and the Client determines the changes could adversely affect the Client, the Client may cancel any existing or outstanding Job Brief according to Clause 7 or terminate this Agreement without cause pursuant to Clause 14.2.
26.3 The Client can obtain a copy of the current version of this Agreement at any time from the QuickCrew website or request a copy from QuickCrew.
26.4 By continuing to use the QuickCrew Platform or receiving Services from QuickCrew (including continuing with an existing or outstanding Job Brief), the Client confirms that it agrees to be bound by this Agreement and any amended terms of this Agreement.