Terms & Conditions of New Zealand Internships
Terms & Conditions
These Terms and Conditions are part of the agreement between you
and New Zealand Internships / Intern Ltd, hereafter called NZI,
concerning the usage of all products and services (the 'Services')
of NZI as described in these Conditions and the agreement and the
usage of the website www.internships.co.nz .
After using our service, you acknowledge to have read and
understood these Conditions. The General Conditions and
therein-stated conditions are then accepted by you as part of the
agreement between you and NZI. These terms and conditions will be
given to you before signing the contract between you, the applicant
and NZI.
Concerning party hereby agrees with all Conditions and the Privacy
statement, to have read and understood what is explained above and
mentioned below.
These Terms and Conditions are available on request they can be
sent to you by NZI free of charge. NZI and its affiliated partners
may revise these Terms and Conditions at any time.
Table of content
Article 1. Definitions
Article 2. Applicability of the terms and conditions and formation
of an agreement
Article 3. Placing company profile / Internship
Article 4. Placing applicant profile / CV
Article 5. Applications and making contact with the
applicants
Article 6. Use of the data exclusively for a certain aim
Article 7. Implementation
Article 8. After the Internship/graduation assignment
Article 9. Advertising on the website
Article 10. Electronic data traffic
Article 11. Responsibility and disclaimer
Article 12. Intellectual property rights
Article 13. Scope conditions
Article 14. Length of the agreement, adjustment
Article 15. Law and forum choice
Article 1. Definitions
Placement - represents a work experience within the organisation
of the Host Company, presented on our internet site, not to be
qualified as a (first) job after graduation or as a part-time job
during study.
Contact data - name, address data and other contact data (such as
phone number and e-mail address) of both candidates and Host
Companies.
CV - The curriculum vitae of a applicant that has been filled in
and posted on the Website by means of an electronic CV form and/or
possibly as attachment to the profile.
Electronic date exchange - Sending or receiving information and/or
declarations by means of electronic communication such as e-mail,
EDI (Electronic data interchange) or
interactive internet pages.
Match - Formation of an agreement, on the basis of a applicant
profile and/or CV and a placement or vacancy (possibly with a
company profile) of an Host Company, between the concerning
applicant and the concerning Host Company with respect to
fulfilling the placement or vacancy by the concerning applicant.
The way the agreement has been formed (orally, in writing or by
means of electronically exchange) is therefore irrelevant.
Order - The order of a Host Company to NZI to find a suitable
candidate for a vacancy.
Applicant - Every natural person registered as a applicant on an
international recognised institute who has submitted an application
to the Website.
Applicant profile - A short description of the profile (name,
address, education, experience, etc) of a certain applicant, that
has been filled in and has been placed on the site by means of the
electronic profile form on the Website.
Website - The internet site and/or partner sites.
Host Company - Person or organisation that needs to find a
applicant for a placement or work experience within its own
organisation or in case of intermediary, within the organisation of
its constituent. Consults the CV/applicant profile database and/or
places a company profile as well as an accompanying placement on
the Website; or the person or organisation which has a vacancy open
within its own organisation, or, in case of an intermediary, within
the organisation of its constituent, for whom NZI has been ordered
by the Host Company to find a suitable candidate.
Article 2. Applicability of the terms and conditions and
formation of an agreement
1. The general conditions apply to all offers, activities,
tenders and agreements for recruiting and consultation between NZI
and (potential) Host Companies, respectively their legal
successors. The relevance of possible general conditions of the
counterpart of Intern are hereby explicitly excluded.
2. An agreement with NZI is formed by an affirmative response (by
means of the Website or by means of e-mail) from NZI after
receiving the email/phone call or after a personal meeting of the
Host Company for using the service(s). If after the formation of
the agreement it would appear that the person in service of the
Host Company was not competent to form the agreement, the liability
that follows from this will remain on the Host Company and the
agreement remains thereby in effect.
Article 3. Placing company profile / Internship
1. The given data of the company will not be altered by NZI,
unless agreed differently. However, NZI keeps the right to refuse
company profiles or placements when the information is taken as
illegal, unethical or out of place; also if the information does
not satisfy one of the criteria mentioned below:
correctness, completeness & relevance: The data are correct,
fully completed and to the point concerning the placement.
Instructively: The offered placement is instructive for the
applicant in the sense that he/she can gain useful experiences,
appropriate for a possible first job and for their educational
level.
Pleasant: The offered placement takes place in pleasant
surroundings where the applicant can acquire or confirm
contacts.
2. For a Host Company it's possible to have a maximum of 4
placements per period. In order to place more placements
authorisation needs to be granted by Intern in writing or
electronically.
Article 4. Placing applicant profile/CV
The applicant is responsible for placing its applicant profile
and CV on the site. The applicant remains responsible for correct
and complete representation of the data. The data given by
applicants might be adapted by NZI slightly.
Article 5. Applications and contacting applicants
Article 5.1 Applications by applicants
1. Via email, applicants can apply on the placements and/or
graduation assignments of companies who made an advertisement in
the newsletter. The searchable information is anonymously available
for applicants, meaning that the contact information of the company
will not be available when searching.
2. When a applicant applies for a placement/graduation assignment,
NZI receives an email. NZI will automatically inform the Host
Company about the profile of the applicant (without contact
information) by email. The Host Company should react on the
application within 5 working days by informing NZI whether he is
interested in the application of the applicant or not. If the Host
Company shows interest in the applicant (by accepting the
application) NZI will automatically send the contact information of
the applicant to the Host Company. The Host Company should contact
the applicant within 5 days after the contact information has been
provided.
3. Applicants must be aged 18 years & over, must have a valid
passport and be able to apply to get a valid Visa.
Article 5.2 Invitation of the Host Company
1. A Host Company also has the option to invite applicants for a
placement or graduation assignment by searching through NZI's
database himself. The Host Company must make an appointment where
these applicant profiles can be shown, select specific applicants,
watch their CV and profile, and personally choose the right
applicant. The applicant profiles are available anonymously,
meaning that the contact information of the applicants is not
available. In order to accept a applicant and to receive this
contact information, the Host Company needs to have a vacancy
registered at NZI or needs to agree on one of the applicant
profiles.
2. When an Host Company accepts a applicant, NZI will
automatically send this applicant an email message. This email
includes the company profile, the placement description and a link
to the Host Company website. At the same time we send the contact
information of the applicant to the Host Company. Again, the Host
Company is obliged to contact the applicant within 5 days after the
contact information has been provided.
3. If the Host Company does not react within the above-mentioned
period, NZI has the right to change the status of the vacancy to
"unavailable", and could place the applicant within another
company.
Article 5.3 Active search task:
NZI searches actively and focuses on internships/graduation
assignments
1. The intern and the Host Company can agree that NZI actively
searches for applicants who can fulfil one or several
placements/graduation assignments on behalf of the Host Company.
The way NZI searches applicants is both by phone and
electronically.
2. If NZI selects or suggests several applicants to the Host
Company, the Host Company is obliged to react to all of them (by
accepting or refusing) as described in article 6.1.
3. Just as for the normal procedure for recruiting applicants for
placements/graduation assignments by looking at the applicant
profiles, NZI is not responsible for the quality or reliability of
the registered applicants during the searching process.
Article 6. Use of data for only 1 purpose
1. When using the anonymized applicant profiles of NZI or the
provided contact information, the Host Company is obliged to
restrict the use of this information to the purpose of fulfilling
the specific or relevant placements/graduation assignments, unless
the applicant has clearly given the Host Company permission to use
it for a different purpose.
2. The used and provided data of the applicants is confidential
and remains property of NZI. The Host Company is not allowed to
make this information available to third parties in any way
whatsoever.
Article 7. Implementation
1. If the applicant or Host Company does not meet one or several
agreements after there has been a match, the party concerned should
inform the other party about it as soon as possible. NZI carries no
responsibility or liability whatsoever.
2. If the Host Company decides to cancel the placement/graduation
assignment after making agreements with the applicant, or if he
decides to give the placement/assignment to another candidate, he
should independently inform the applicant as quickly as possible.
The Host Company should also inform NZI about the situation and
give an explanation as quickly as possible. However, this
cancellation will not result in any responsibility or liability
whatsoever for NZI.
Article 8. After the internship/graduation assignment
1. When the established agreement between the Host Company and
the applicant, regarding the internship/graduation assignment, ends
the Host Company is free to make new arrangements with the
applicant without having to use the website of NZI and without
having to pay NZI.
2. An exception to this rule exists when the Host Company places a
new vacancy by NZI and invites a applicant on the basis of his or
her profile. In this case the same procedure as mentioned before
will be applicable. This situation is also applicable if the
employed applicant happens to be a former Intern or employee of the
company.
Article 9. Advertising on the website
1. NZI offers several possibilities of advertising via the
website, including company presentations; banners and
advertisements in our newsletters. The form, time, and placing
conditions of individual advertisements are discussable. The
tariffs of NZI are available on request and need to be agreed on by
both parties before signing an agreement.
2. NZI has the right to cancel or refuse a banner, presentation or
other advertisements at any time with any argument.
3. NZI also has the right to cancel or refuse the content of a
banner, presentation or other advertisements if the content is
illegal, unethical or shocking.
4. NZI also has the right to directly cancel the contract with the
advertiser without involvement of jurisdiction. This right
overrules the other rights of Intern.
Article 10. Electronic data traffic
Both parties agree that electronically established agreements
and electronically sent data are legally binding in case of a legal
procedure.
Article 11. Responsibility and disclaimer
1. If the other party does not keep itself to one or more of the
agreements stated in the agreement, the other party is obliged to
pay for all the resulting indirect and direct damage (including
additional costs and actual legal costs).
2. This issue does not interfere with the right of NZI to start
any other claims against the other party, including claiming the
right to take other legal measures, such as dissolving the contract
without legal interference.
3. NZI is not liable for any damage done to the Host Company as a
result of the made match with a applicant/candidate or if the
applicant/candidate does not keep himself to the contract made with
the Host Company.
4. NZI is not liable for the damage done to the Host Company or
third party as a result of a applicant who does not have the
required diploma or other proof of competence.
5. NZI is not liable for any damage or loss as a result of an
incorrect selection of a applicant/candidate by the Host Company,
or otherwise as a result of an incorrect selection of an
internship/graduation assignment by the applicant.
6. NZI is not liable or responsible for arranging a replacing
applicant/candidate for the Host Company or third party if a
selected applicant/candidate does not fulfil his tasks sufficiently
or if the applicant does not keep himself to the contract.
7. If an applicant/candidate has received a reward or payment from
the Host Company, that is lower than the wage which is agreed or to
which he/she is entitled according to collective working conditions
or other contracts, the Host Company is liable and will cover all
damages and costs of NZI.
8. The Host Company is liable for all damage and costs, including
fiscal costs and costs that NZI has suffered as a result of
incorrect, insufficient and illegal actions of the Host Company
with regard to the agreement. (legally and otherwise)
9. NZI attaches great value to personal data and handles them
respectfully and carefully. NZI cannot guarantee the correctness or
legality of the data on the website. Therefore we hold ourselves
completely un-liable as far as this is in conformity with the
(privacy) law. The other party cannot claim any costs or damage to
NZI (including claims from third parties) regarding the unlawful
use of (personal) data of other parties or third
parties.
10. NZI is not liable for any damage as result of the
unavailability or disturbance of the website or the facilities of
an internet provider and/or telecommunication provider.
11. NZI is not liable for the refusal of a banner, company
presentation or other form of advertisement via Intern, neither for
the cancellation of advertisements and other forms of advertising
via the website or services. The other party cannot claim damage or
costs, including claims from third parties, based on the fact that
the placed advertisements and other forms of advertising can be
considered unlawful, unethical or shocking.
12. NZI is not liable for the damage done to the other party or
third party as a result of inviting or employing a candidate that
does not meet the required conditions, unless this was intentional
or unless a mistake has been made on NZI's side.
13. If our liability is confirmed in a legal procedure, NZI's
maximal liability is limited at NZ$500 per case. If the damage
concerns the selection of a applicant/candidate by NZI for the Host
Company, the maximal liability is limited to 30% of the tariff for
that specific service.
14. If the Host Company/third party wants to claim damages, the
Host Company should send a motive letter to Intern within 3 months
after the damage arose or within 3 months after the damage has been
noticed, which proofs that the complaint is timely and legal.
15. Exclusion and restrictions of liability are only valid when
Intern or its personnel has made a big mistake, has intentionally
damaged an Host Company or when exclusion or restriction of
liability is not possible based on legal standards.
Article 12. Intellectual property rights
All Author rights, brand rights, business rights and all other
intellectual property rights based on software, the website, the
services or NZI, the information on the website (Excluding possible
author rights on the content of the company profile, vacancies,
logo's, brands and other information on the website, for which the
Host Company gives NZI non-exclusive user rights) are only given by
NZI and/or its licence.
Article 13. Scope conditions
If at least one of the issues in these terms & conditions
turns out to be invalid or inapplicable, the other issues will keep
their validity. The issues that are not valid or applicable will be
replaced by issues that are similar and valid in order to make them
applicable.
Article 14. Length of the agreement, adjustment
1. Contracts with NZI are valid for an undetermined period,
unless the contract specifically states differently. Cancellation
is possible at any time, both for the Host Company and applicant,
with a cancellation period of 4 weeks. Open and invoiced debts to
NZI remain valid and can be demanded directly. When ending the
contract, all access to the website will be denied.
2. NZI has the right to change these terms & conditions at any
time. Changes will not be notified. If the Host Company does not
agree with the change, the Host Company has the right to inform NZI
(by email or post) within 30 days after the change. Possible open
and invoiced debts remain valid and can be demanded directly. We
recommend to read the Terms & conditions monthly, where new or
changed information will be highlighted for that particular month
in case any changes have been made.
Article 15. Law and forum choice
1. Contracts with NZI are managed and controlled by the New
Zealand law.
2. If a conflict appears with the contract with NZI regarding the
use and services of the website, the parties will try to solve the
problem personally before contacting a third party. If the parties
do not solve the problem personally, the conflict will be forwarded
to the Mediation group.
3. Concerned party declares to have read and understood these
terms & conditions and agrees with the conditions and the
privacy statement.
4. The Terms & conditions are available at NZI
electronically.
Last updated 16th January 2012