Terms of Service

TryOut – Employer Terms of Service (New Zealand)

Last updated: 2025

These Terms of Service (“Terms”) govern the use of the TryOut platform by employers (“you”, “your”). By accessing, listing roles, or engaging candidates through TryOut, you agree to be bound by these Terms.

1. About TryOut

TryOut is a platform that facilitates short-term work experience placements (“TryOuts”) between employers and individuals seeking to explore career opportunities (“Candidates”).

TryOut acts as a facilitator and introducer. TryOut is not a labour hire provider, or party to any employment or contracting relationship formed between you and a Candidate.

By using the TryOut platform, both employers and Candidates enter into a binding agreement with TryOut. This agreement prohibits either party from entering into any direct or third-party arrangement designed to avoid or circumvent fees payable to TryOut.

This includes, but is not limited to:

  • Entering into employment, contracting, or apprenticeship arrangements outside the TryOut platform;

  • Engaging a Candidate through a third party, related entity, or intermediary;

  • Delaying or disguising engagement to avoid payment of a success fee.

Any engagement between an employer and a Candidate introduced through TryOut within the applicable timeframe will be deemed to have arisen as a result of the TryOut introduction and remains subject to these Terms.

2. Eligibility

By using TryOut, you confirm that:

  • You are legally entitled to operate a business in New Zealand; and

  • You have authority to list roles and engage Candidates on behalf of your business; and

  • You will comply with all applicable New Zealand laws, including employment, health & safety, and privacy laws.

3. Listing Roles

3.1 Listing Fee

  • A listing fee of $100 + GST is payable upfront for each role listed on the TryOut platform.

  • The listing fee is non-refundable, regardless of outcome.

  • Payment of the listing fee does not guarantee a hire.

3.2 Role Information

You agree to provide accurate and complete information when listing a role, including:

  • Role description and duties

  • Expected duration of the TryOut

  • Workplace location

  • Proposed salary or wage (if applicable)

4. TryOut Placements

  • TryOut placements may include shadowing, short-term trial work, or limited hands-on experience.

  • You are responsible for supervising Candidates appropriately.

  • You must provide a safe working environment and comply with the Health and Safety at Work Act 2015.

  • TryOut placements do not create an employment relationship unless separately agreed by you and the Candidate.

5. Hiring & Success Fees

5.1 Success Fee

If you hire a Candidate introduced through TryOut, a success fee of 7% + GST of the Candidate’s gross annual base salary becomes payable.

The success fee applies if the Candidate is engaged as:

  • An employee (full-time, part-time, casual)

  • A contractor

  • An apprentice or trainee

  • Any paid role beyond the TryOut placement

5.2 Salary Basis

  • The success fee is calculated on the gross annual base salary, excluding bonuses, allowances, overtime, and commissions unless otherwise agreed in writing.

6. Instalment Payments

Preferably, the success fee is paid upfront, upon hiring the candidate.

Alternatively, you may elect to pay the success fee in three equal instalments, at no additional cost:

  • Instalment 1: On the Candidate’s start date

  • Instalment 2: Two (2) months after start date

  • Instalment 3: Four (4) months after start date

7. Definition of a Hire

A “hire” is deemed to have occurred if a Candidate introduced through TryOut:

  • Commences work with you; or

  • Is engaged within six (6) months of their TryOut placement; or

  • Performs paid or unpaid work beyond the TryOut placement period.

8. Invoicing & Payment Terms

  • All prices are in NZD and exclusive of GST unless stated otherwise.

  • Invoices are payable within 7 days of issue.

  • Late payments may incur reasonable recovery costs.

  • You must not take steps to avoid or circumvent payment of success fees.

9. Employer Responsibilities

You agree to:

  • Comply with all applicable employment, health & safety, and workplace laws

  • Provide truthful salary information

  • Treat Candidates respectfully and professionally

  • Ensure adequate supervision and safety measures

  • Hold appropriate insurance where required

10. Limitation of Liability

To the maximum extent permitted under New Zealand law:

  • TryOut does not guarantee the suitability, performance, or conduct of any Candidate.

  • TryOut is not liable for employment decisions, workplace incidents, or business outcomes.

  • TryOut’s liability is limited to the amount of fees paid by you in the preceding 6 months.

11. Privacy & Confidentiality

You agree to:

  • Use Candidate information solely for recruitment purposes

  • Comply with the Privacy Act 2020

  • Not disclose Candidate information without lawful reason

12. Termination

TryOut may suspend or terminate your access if you:

  • Breach these Terms

  • Provide misleading information

  • Fail to pay fees when due

  • Act in a manner that harms Candidates or the TryOut platform

13. Amendments

TryOut may update these Terms from time to time. Continued use of the platform constitutes acceptance of updated Terms.

14. Governing Law

These Terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.

15. Contact

For questions regarding these Terms, please contact:
Luca@tryout.co.nz