1.INTERPRETATION
1.1.Candidate: means the ‘Work seeker’ as defined in the Skills Development Act 97 of 1998 or the person to whom the Company’s Clients may be introduced with the intent to enter into a possible contract of employment;
1.2.Days: means calendar days;
1.3.Employer: means 1. as set out in the Basic Conditions of Employment Act 75 of 1997, as amended, and refers to the Client;
1.4.Employment: means all and any work of whatsoever nature or description undertaken and carried out by a Candidate on behalf of a Client, whether such work is undertaken by such Candidate in his capacity or a representative capacity and without derogating from the generality of the foregoing, undertaken on behalf of a corporation, company, partnership or association;
1.5.Introduction: means the solicited or unsolicited introduction of a Candidate to the Client by the company, using inter alia:
1.5.1Forwarding a resume/curriculum vitae of the Candidate to the Client;
1.5.2Arranging an interview between the Candidate and the Client;
1.5.3Receipt by the Client of a resume/curriculum vitae of the Candidate delivered by the Company by, inter alia, ordinary mail, registered mail, e-mail, hand delivery, or any other means.
1.6.Personal Information: means information relating to an identifiable, living, natural person, and where it is applicable and identifiable, existing juristic person, including, but not limited to-
1.6.1 Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.6.2 Information relating to the education or the medical, financial, criminal or employment history of the person;
1.6.3Identifying number, symbol, e-mail address, physical address, telephone number or another particular assignment to the person;
1.6.4 The blood type or any other biometric information of the person;
1.6.5 The personal opinions, views or preferences of the person;
1.6.6 Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.6.7 The views or opinions of another individual about the person; and
1.6.8 The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.7.Successful placement: means the offer of employment to the Candidate by the Client after an introduction by the Recruiter and acceptance of such an offer by the Candidate;
1.8.Total Cost to Company: means the Candidate’s remuneration package in cash or kind, together with all fringe benefits, such as but not limited to, the cost of Medical Aid, Entertainment, Motor Vehicle or allowance, bonuses, subsidised housing, or the provision of accommodation, restraint of trade payments, commissions and any other guaranteed benefit to be paid to the Candidate during their first year of employment.
2. SERVICES RENDERED
2.1. The Company shall from time to time use its best endeavors to introduce a suitable candidate to the Client, under direct request by the Client or at the Company’s sole initiative;
2.2. The Company is not an employer and carries on business only as an agent to effect introductions between persons desiring to enter into contracts of service;
2.3. The Client undertakes, when making enquiries with the Company as to potential Candidates, to give full information to the Company as to the nature of the work concerned, the qualifications and experience required of the Candidate, and the probable salary applicable;
3. PLACEMENT
3.1. The client undertakes to advise the Company immediately as to whether the Candidate is to be appointed or not, and if appointed the intended duration of the appointment and the Total Cost to the Company attached to the appointment;
3.2. If the appointment is not of a permanent employment nature, the Client shall indicate the period of such engagement.
4. PLACEMENT FEE AND GUARANTEE PERIODS
4.1. No remuneration shall be paid to the Company until the Candidate is appointed by the Client and successful placement has taken place;
4.2. If the Candidate is appointed, the Client shall pay to the Company a fee calculated as a percentage of the Candidate’s Total Cost to the Company as follows:
4.3. Unless specifically agreed otherwise, Employment shall be deemed to be permanent;
4.4. The fee for temporary/hourly/limited-duration contracts, unless otherwise agreed in writing, will be calculated as follows:
4.4.1. Contractors’Rate will be determined by the duration of the Fixed Term Contract of Employment, as agreed to between the Client and the Candidate, at a fee percentage of 20%.
4.4.2. IE: Contractor’s Remuneration Rate per hour x number of hours per day x number of days to be worked per contract of Employment x 20% = FEE (excluding VAT)
4.4.3. Notwithstanding the above, the Client will be charged a minimum of 60 hours per month.
4.5. Payment shall be made to the Company by the Client within 30 (thirty) days of receiving the Company’s invoice which will coincide with the commencement date of employment;
4.6. Should any of the Candidates of the Company be employed directly by the Client within 12 (twelve) months of the original introduction or reintroduction, whichever is latest, to the Client, regardless of whether the employment
5. GUARANTEE
5.1. The benefit of the Guarantee Period will only apply if:
5.1.1. The placement fee is paid by the Client to the Company within 30 days from the commencement date of employment; and
5.1.2. Written notice is given to the Company within 7 (seven) days of termination or resignation date of the Candidate;
5.1.3. The Candidate leaves the employment of the Client by his own volition or employment is terminated within the guaranteed period of employment, and not because of being dismissed by the Client due to technical incompetence, retrenchment, redundancies, or unfair dismissals.
5.2. If the Company is not able to source an applicant as per the client’s original job specifications/requirements within 30 days of receiving written notice, a Credit Note will be given to the Client based on the following days sliding scale if employment is terminate from date of commencement:
5.3. After 90 (ninety) days of commencement of employment, the guarantee for permanent appointments becomesinvalid, and the Company will not be liable should a Candidate’s permanent employment be terminated;
5.4. A Credit Note that has not been utilised after 6 (six) months of the issue date, will be forfeited;
5.5. Credit Notes/Guarantee Periods only apply to Permanent Placements, and do not apply to Contract/Temporary (TES) Placements.
6. ACCEPTANCE OF TERMS AND CONDITIONS
6.1. In the event of the Client failing to sign these Terms and Conditions, then the interviewing in whatever form (Skype, telephonic, face-to-face, etc) and/or appointing (whether permanent, temporary, or of limited duration) of a Candidate within 12 (twelve) months, from date of introduction, or subsequent re-introductions, will be deemed to be acceptance by the Client of these Terms and Conditions and the Client shall be bound thereto.
7. COMPANY’S LIABILITY
7.1. The Company is not liable for any loss or expense, howsoever the same may be caused, which may be incurred by the Client in effecting or attempting to effect, a meeting following any introduction by the Company;
7.2. Despite the Company taking extreme care and caution to screen a Candidate, the Company shall not be responsible for any conduct or actions of the Candidate or financial loss or other loss of whatsoever nature caused by the actions or omissions of the Candidate;
7.3. The Company will not be responsible for any errors or omissions concerning the information furnished in respect of the Candidate;
7.4. The Client indemnifies the Company against loss, damages or costs suffered or incurred by the Client, as a direct or indirect consequence of the introduction of procurement of a Candidate.
8. BREACH
8.1.Should the Client breach this Agreement and fail to remedy such breach within 20 (twenty) days after receiving written notice requiring such breach to be remedied, the Company will be entitled to institute a claim for liquidated damages against the Client;
8.1.1 The Client will be liable for all legal costs incurred on an attorney and client scale; and
8.1.2 Interest will be charged on all amounts outstanding past 90 (ninety) days at the highest rate prescribed by Government Notice in terms of the National Credit Act 34 of 2005.
9. CONSUMER CREDIT REPORT
9.1. In to comply with regulation 19(12) of the National Credit Act 34 of 2005, a Consumer Credit Report on a Candidate can only be obtained if the position or job requires honesty in the handling of cash or finances;
9.2. The Company, therefore, requires the following in writing from the Client to obtain such a report:
9.2.1 Confirmation that the Candidate’s position/job will entail handling cash
9.2.2 A specific request for a Consumer Credit Report.
9.3. The Consumer Credit Report forms part of the background checks done by the Company on behalf of the Client at no additional cost to the Client.
10. CONFIDENTIALITY AND POPI ACT COMPLIANCE
10.1. All information provided to the Client concerning the Candidate must be treated in the strictest of confidence and the Client is precluded from contacting in any way whatsoever the Candidate’s past or present employers without the prior written consent of the Company;
10.2.In terms of the Protection of Personal Information Act 4 of 2013, the Company has obtained the Personal Information from the Candidate with the intent to promote the Candidate and seek employment opportunities. The Company is prohibited from sharing this information with third parties without the consent of the Candidate.
10.2.1 The Company will always seek permission from the Candidate to share his/her personal information with the Client;
10.2.2 The Client acknowledges that the purpose of the receipt of this information is to consider the Candidate for employment opportunities;
10.2.3 The Client may not without the consent of the Company share, distribute, or use the personal information of the Candidate for a purpose other than considering the Candidate for a position of employment.
10.3. Toder to provide the necessary service to the Client, the Client agrees and understands that it may be necessary for the Company to share the Personal Information of the Client to Candidates for the sole purposes of delivering the service set out herein;
10.4. The Client indemnifies the Company against loss, damages or costs suffered or incurred by the Client as a result of breaching this confidentiality clause.
11. DOMICILE AND NOTICES
11.1.The parties choose as their respective domicilium citandi et executandi(chosen address) for the effective service of all notices flowing from this Agreement, the following addresses:
11.1.1.The Company:RPO RECRUITMENT (PTY) LTD
The Address:11 Park Lane, Century City, Cape Town, South Africa
11.1.2.The Client:________________________________________
The Address:____________________________________________
12.GENERAL
12.1.These Terms and Conditions set forth the entire agreement and understanding between the subject matter hereof and supersede all oral and written agreements and understandings relating thereto;
12.2.No waiver, alteration, modification, or cancellation of any of the provisions of these Terms and Conditions shall be binding unless made in writing and signed by each of the parties hereto;
12.3.The Company’s failure at any time or times to require performance of any provision hereof shall not constitute a waiver of such right and the Company reserves the right to enforce such a provision at a later stage;
12.4.These Terms and Conditions shall be binding upon, and inure to the benefit of, the Company and its legal representatives, successors, and assigns;
12.5.If any of the provisions as set out herein are determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provisions shall be severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect, provided that concerning any material provision so severed, the parties shall negotiate in good faith to achieve the original intent of such provision;
12.6.The Agreement shall be governed by, and construed by, the Law of the Republic of South Africa.