Terms and Conditions

Welcome to The Creative Store freelance team. We have an exciting range of assignments, and wish you many happy freelance hours with us. Our relationship is based on loyalty and honesty. We will promise to work hard for you, communicate clearly with you, and work with you to find the perfect assignments for you. We do however have to go through the small print. By receiving The Creative Store (“The Creative Store”) recruitment terms and conditions, and proceeding to work for The Creative Store is agreeing to the terms and conditions outlined below.

1. AGREEMENT

This agreement is an individual employment agreement made pursuant to the Employment Relations Act 2000.

2. HOURS OF WORK / LOCATION

As a freelancer you work on a casual basis. There are no fixed contractual hours. The Creative Store will confirm location of assignment.

3. TERMS

This agreement will commence as dated at the end of this document. The agreement can be terminated by either party. Whilst on assignment with our clients, you are a casual employee of The Creative Store. If our client approaches you about contract or permanent employment whilst you are on assignment, you must notify The Creative Store, and we will negotiate on your behalf. If the client contacts you in regards to a permanent role within a 6 month period from your last assignment with them through The Creative Store – you must notify The Creative Store, and we will negotiate on your behalf.

4. SERVICES

The Creative Store will brief you on each assignment and this will be agreed with you prior to commencement of assignment. During each assignment it is your responsibility to provide best possible service. You will have a nominated person to report to at the Client Company, and any others assigned by the company. The Creative Store reserves the right to offer any assignment as it may elect to such Freelancer where that assignment is suitable for several Freelancers. The Freelancer is under no obligation to accept such an offer but, if accepted, he/she owes the normal common law duties of a worker as far as they are reasonably applicable.

5. PAYMENT

The hourly rate or contract weekly rate will be confirmed with you prior to your acceptance of assignment.  The weekly rate is calculated pro rata on an 8 hour day. You will submit your timesheet to The Creative Store at the end of your assignment week, or by Monday morning at the latest for the prior week worked. You will complete your timesheet via our Freelancer Portal. The Creative Store will pay you 14 days after your assignment week finishes. This will be paid to your nominated bank account. Employee - The Creative Store can arrange your PAYE / KiwiSaver in accordance to the IRD details you submit, for the agreed hours / rate signed off by the client on each assignment. Contractor – The Creative Store will pay your invoice + gst for the agreed hours / rate signed off by the client on each assignment. We are obliged by law to deduct withholding tax from you and make payments to the IRD, unless you present an exemption certificate. The Creative Store reserves the right to withhold your pay, should there be a disagreement between you and our client in regards to quality of your work; client non payment; client goes into liquidation / receivership.

6. BEHAVIOUR

The Creative Store expects you to work in a professional manner at all times whilst on assignment. You will not enter into any commitment or obligation on behalf of the Client / Company without the prior consent of The Creative Store. You will agree to comply with any rules or obligations relating to discipline and/or health and safety in force from time to time at the premises where services are performed to the extent that they are reasonably applicable.

7. HOLIDAY PAY / SICK PAY

Holiday pay is quoted in your hourly rate. There is no holiday pay over and above this. You do not get paid for sick days.

8. PUBLIC HOLIDAY ENTITLEMENT

If you are asked to work on a public holiday, you will be paid for the time worked at a ‘time and half rate’. The Creative Store does not pay you for public holidays if you only work days either side of a public holiday.

9. CONFIDENTIALITY

Whilst on assignment you will agree to our client’s confidentiality agreements. You will not at any time during or after any assignment divulge or make known to any person or any competitor of the Client, nor use for his/her own or any other person’s benefit any confidential information (which shall remain the property of the Client) in relation to the trade secrets, operations and business affairs of the Client. Further to immediately surrender all documents, samples, tools and equipment provided by the Client on the cessation of the assignment.

10. INTELLECTUAL PROPERTY

All intellectual property conceived or made by you, the freelancer (either alone or with others) in the course of any assignment shall belong to the Client and you, the freelancer agrees to assign all its interest in any such intellectual property to the Client or its nominee. If requested to do so, you, the freelancer shall execute any documentation which the Client shall deem necessary to give effect to this provision.

11. INDEMNITY

If our Client suffers any loss, damage or expense as a result of a breach of this agreement by you or your negligence, you will indemnify the Client Company for this loss, damage or expense. The Creative Store does not accept any responsibility and shall not be liable for any loss or damage suffered by you, the freelancer as a result of this assignment being terminated by either The Creative Store or the Client.

12. RELATIONSHIPS

The Creative Store asks that you conduct all your relationships whilst on assignment in a professional manner. Should an issue arise, please notify your consultant as soon as possible. If the matter is a personal grievance, you must notify The Creative Store within 90 days of the event giving rise to the grievance.

13. TERMINATION OF ASSIGNMENT / AGREEMENT

You, the freelancer shall immediately inform The Creative Store should you become aware of any reason or circumstances under which it would be detrimental to the interests of The Creative Store, the Client or you, the freelancer for the assignment to continue. The Creative Store has the right to terminate our freelance agreement at any time. You may terminate this agreement at any time. If on an assignment for us, we ask that you complete the assignment to the end of the working week, or end of assignment date.

14. EXCUSABLE EVENTS

Neither party will be liable for failure to perform its obligations under this agreement if the failure results from an act of God, fire, explosion, industrial dispute, act of government (such as a change in legislation, regulation or order under legislative authority), act of terrorism or anything beyond the party's reasonable control.

15. GOVERNING LAW

The parties agree that this agreement and any disputes arising under it will be governed by the laws of New Zealand and agree to submit to the jurisdiction of the appropriate laws of New Zealand. By receiving these terms and conditions, and proceeding to work for The Creative Store as a freelancer is agreeing to the terms and conditions.