TERMS AND CONDITIONS OF BUSINESS VALID FROM 1 JULY 2015 – South Africa
Rob Samuelson International South Africa Coastal / Inland
1. The employment of a candidate introduced or referred by Rob Samuelson International South Africa Coastal or Inland (both herein after referred to as RSI SA) will constitute the Employer’s acceptance of the terms and conditions herein contained.
2. Should any candidate introduced by RSI SA directly or indirectly, be taken into service in any capacity, be it permanent, temporary, trial or contractual, as well as on probation or awaiting issuing of work permit, within one year of such introduction, the applicable fee will become payable. The Employer agrees to notify RSI SA immediately of the candidate’s engagement and the value of the total taxable annual gross remuneration of the candidate.
3. The definition of Employer shall include any branches, subsidiaries, holding companies or associate companies of the addressee to whom the candidate was introduced or referred as a direct or indirect result of any initial introduction by RSI SA.
4. The addressee accepts that the information on candidates is confidential and that written permission from RSI SA is required to: a) Divulge it to anyone else b) Contact the candidate’s present employer.
5. The responsibility for final selection and appointment of a candidate rests with the Employer. RSI SA gives no warranty to the skills or ability of the candidate to perform any specific duties.
6. While every effort has been made to carefully select candidates, RSI SA or its staff shall not be liable for any consequential loss, damage or injuries to persons or companies resulting from the introduction or employment of a candidate referred by RSI SA.
7. If employment of a candidate referred by RSI SA is terminated through an act over which the candidate has no control, such as: a) Retrenchment b) Redundancy c) Sale of business… the fee will be payable by the contracted client with no guarantee.
8. In the event of an applicant presented by RSI SA being interviewed by the Employer, RSI SA does not accept any liability in the event of unfair discrimination by the Employer. In such a case RSI SA may refuse to replace or offer a credit.
9. Fees become due upon commencement of service of the candidate and are payable within 7 (seven) days after such date by the Employer. Failure to pay on time will render the guarantee invalid for that placement and in the event where a discounted rate was charged, the fees will become payable at the full rate, according to the terms of business, and interest will be charged at 2.5% per month on all overdue accounts.
10. The fee payable to RSI SA is based on the total taxable remuneration package of the candidate referred for the first year of employment. Accommodation provided or an allowance will be valued to be worth at least R500 per candidate per month and a company car, or car/travel allowance to be worth at least R1000 per month or the actual value of the allowance.
11. Timeous payment of fees (within 7 days of starting date) will entitle the Employer to a credit should the candidate leave the service of the Employer. The candidate must have actually left the premises of the Employer and the last working day will also be the last day for which the candidate receives payment. Such termination and request for a credit must be in writing to RSI SA within 14 days after the resignation of the candidate. See fee schedule. Replacements will only be done once, as a one off and only providing the payment was made in full within the 7 days of starting or as per the invoice. RSI SA will assist in recruiting a further or additional replacement if required, but at the fee structure
originally arranged. Refunds will only be considered within the financial year, in which the original placement was made and if the above conditions have been complied with.
12. In the event of a candidate leaving within first 30 days of employment and no replacement required, an administration fee will be charged at 20% of invoice.
13. The terms and conditions contained herein constitute the entire contract between RSI SA and the Employer and no concession, indulgence or extension of time shall be deemed to be a waiver of RSI SA rights in terms of this contract.
14. The Employer: a) shall be liable for all legal charges as between attorney and own client, including collection charges in the recovery of any fees due in terms hereof and for any other amount owing by the Employer b) hereby consents to the jurisdiction of the Magistrate’s Court notwithstanding that the amount claimed exceeds such jurisdiction.
CREDIT SCHEDULE: PERMANENT PLACEMENTS
|Credit % if validated by timeous payment within 7 days
|Replacement or 80%