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TERMS AND CONDITIONS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT AND CONTRACT STAFF
1. The Placement of Permanent and Contract Employees
These terms and conditions are applicable in any case where an applicant is introduced to a Client (hereafter called “the Client”) by Recruit Digital (hereafter called “the Agency”) within 12 months of the date of introduction.
2. The Acceptance of these Terms and Conditions
The Client accepts these terms and conditions by interviewing a candidate introduced to the Client by the Agency. These terms and conditions may only be varied if confirmed by Alex Martin.
3. Payment of the Service Fee and Validating the Guarantee
Payment is due within 14 days upon receipt of invoice. If payment is not received in full by the Agency within the above specified time, no rebate will be applicable. The Agency reserves the right to charge interest at a maximum applicable rate in accordance to the Usury Act on overdue accounts at the Agency’s discretion.
The full fee remains payable if the guarantee is not validated, or the candidate / Client lawfully terminates the engagement due to job misrepresentation, redundancy, reorganization or owing to any conduct on behalf of the Client amounting to a breach of the employment agreement.
4. The Selection and Suitability of Candidates
The Agency agrees to make every reasonable effort to ensure the suitability of candidates to match and satisfy the Clients corporate staffing needs. The final decision to select and employ candidates remains the Clients responsibility. The Agency will not accept liability for the accuracy of any information supplied in relation to or by its candidates, whether such information concerns employment history, skills or qualifications, references, personal circumstances or any other matter relative to their employment.
5. Replacing a Candidate or Payment of a Rebate
Should either the Client or the candidate lawfully terminate the engagement within 2 weeks of its commencement, provided the Agency has been informed by the Client in writing within 7 working days, then the Client is entitled to a replacement candidate. Should a replacement not be found, the Client will be entitled to a credit in accordance with the rebate at the Agency’s discretion.
Within 2 weeks – the Agency will replace the candidate at no charge or offer a credit note of the fee should a suitable replacement not be found.
0-2 weeks – the Agency will credit the Client 100% of the Fee
3-5 weeks – the Agency will credit the Client 75 % of the Fee
6-8 weeks – the Agency will credit the Client 50% of the Fee
9-12 weeks – the Agency will credit the Client 25% of the Fee
6. Third Party Introduction
Any introduction by the Agency is confidential. The Client must not, directly or indirectly introduce a candidate or his/her information to any third party where they are engaged in employment as a result. Should this occur, the Client will be liable for the full introduction fee of the engagement.
In the event that the Client makes an offer of employment to an employee of the Agency, and that offer is accepted and the employee of the Agency becomes an employee of the Client, the following terms are applicable:
6.1: the Client will become liable for the Service Fee outlined in clause 3 above;
6.2: the payment terms in clause 4 will apply; and
6.3: the replacement / rebate terms in clause 6 will not apply.
7. Liability for Loss or Damage
Under no circumstances will the Agency be liable for loss, damage or expenses suffered or incurred by the Client or any other person, or firm, whether direct or consequential, from the introduction or subsequent engagement of a candidate by Client.
8. Disputes of Agreements
The Client consents to the jurisdiction of the Magistrates Court in respect of any disputes arising out of this agreement. In the event of a dispute arising out of the agreement, the Agency shall be entitled to recover costs of an attorney and any outstanding fees.
Recruit Digital Associates (PTY) LTD
305 Manhattan Place, 130 Bree Street
Cape Town, 8001
VAT 4690262995 | Reg 2012/020759/07