RS RECRUITMENT SERVICES – TERMS AND CONDITIONS OF SERVICE
The acceptance of Curriculum Vitae or a written instruction by the client, including e-mails, to proceed with the recruitment process, implies that the below terms and conditions have been read, understood and accepted by the Client.
The following terms and conditions document is a legal agreement between RS RECRUITMENT SERVICES, (hereafter “RSRS”) and the Client, for the purposes of staff recruitment and training. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
1. SERVICES OFFERED BY RS RECRUITMENT SERVICES
RS Recruitment Services (RSRS) takes pleasure in providing the following services to the client, for permanent and fixed-term contract placements:
- Sourcing and screening applications from various sources.
- Two step Interviewing process for potential candidates (first telephonically and secondly either face-to-face or via skype/video call, dependent on their location).
- Reference checking candidates.
- Facilitation of additional verifications relating to inherent requirements of the position, if requested.
- Coordination of interviews between the client and candidates.
- Facilitation of offers and acceptance of employment on behalf of the client, and the successful candidate, respectively.
- Monitoring the successful candidates progress during the first few weeks of employment.
2. GUARANTEE PERIOD FOR PERMANENT APPOINTMENTS
If a candidate placed by RSRS, leaves within the 3 months guarantee period, we will replace the employee within 4 weeks, at no extra fee. Should a suitable candidate not be found within this time, RSRS will undertake to refund
the client as follows: 50% of the placement fee if the candidate leaves within the 1st month, 35% of the placement fee if the candidate leaves within the 2nd month and 25% of the placement fee if the candidate leaves within the 3rd month. This guarantee option is not applicable for retrenchments, redundancies, death or unfair labour practice/dismissals.
3. COMPENSATION FOR PERMANENT APPOINTMENTS
- Once a candidate is successfully placed by RSRS, the client, agrees to:
- Pay an agreed % plus VAT placement fee, based on the annual cost to company package, of the successful applicant.
- If a sole mandate is agreed upon at the outset of the recruitment process, then this fee is negotiable upon the signing of the sole mandate SLA. Should the services of other recruitment agencies, job search portals and advertisements be utilized it is no longer a sole mandate
- For the guarantee to be validated, the client should make payment within 14 days from date of invoice.
The client can either:
i) Pay the placement fee in full within 14 days of the date of the invoice. In this case our normal 3-month guarantee will apply.
ii) Make payment over 3 consecutive months, within 7 days from the date of each invoice:
50% of the placement fee in the beginning of the first month.
35% of the placement fee in the beginning of the second month.
15% of the placement fee in the beginning of the third month.
Should the monthly amounts not be paid within 7 days from date of invoice, the full outstanding balance will become due.
4. COMPENSATION FOR SHORT TERM (LESS THAN 1 YEAR) FIXED-TERM CONTRACTS
Once a candidate is successfully placed by RSRS, the client, agrees to:
- Pay an agreed % plus VAT recruitment fee, based on the annual cost to company package, of the successful applicant, calculated on a pro-rata basis, for the number of months or part thereof to be worked. This could be invoiced monthly if the duration of the contract is uncertain.
- Make payment within 7 days from the date of the candidate starting. Should the placement fee not be paid within this time frame, the placement guarantee will become null and void.
5. ADMINISTRATION FEE IF ADDED TO RSRS PAYROLL FOR SHORT TERM (LESS THAN 1 YEAR) CONTRACTS
- If RSRS is requested to administer the short-term contract of employment and add the successful candidate to RSRS payroll then an additional administration fee will be invoiced on a monthly basis for the duration of the contract term.
- The administration fee will be calculated at a % of the total cost to company of the successful candidate as stipulated on RSRS Fixed Term Employment contract.
- This amount will be invoiced on a monthly basis for the duration of the contract.
- The monthly invoice will include the monthly total cost to company of the successful candidate plus the % administration fee (calculated as a % of the monthly salary) plus VAT.
- If a candidate is appointed directly or indirectly, on a permanent or contract basis, within the 12-month period of the candidate being introduced by RSRS, the client will pay the full recruitment fee.
6. ADDITIONAL ADMINISTRATION FEE FOR SERVICES RENDERED
Should candidates that meet all the relevant criteria be sourced, screened, reference checked, shortlisted, CV’s forwarded by RSRS to the client and the process is stopped before interviews begin, or the position is frozen for whatever reason, the client agrees to pay an administration fee, for costs incurred and time spent, of R2 500.00 per position recruited for.
The Client agrees that it shall defend, indemnify, save and hold RSRS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with staff appointments of any kind by the client. This includes liabilities asserted against RSRS, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. Client also agrees to defend, indemnify and hold harmless RSRS against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed by the Client.
RSRS, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever.
Likewise, the Client agrees that it will not convey any confidential information obtained from or about RSRS or any of RSRS candidates put forward, to another party. All information concerning the candidate is furnished to
the client in strict confidence. The client may not divulge this information to any third party, nor contact the candidate’s present employer, nor take references without prior consultation with RSRS.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. RSRS shall be considered entitled to make demands until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to sub-contractors and third parties. Clients whose accounts become default agree to pay RSRS reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
Any disputes arising from this contract will be litigated or arbitrated in Ramsgate, South Africa. This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa.
The client hereby agrees to the terms, conditions and stipulations of this agreement on behalf of his/her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties.
Any disputes in excess of R15 000.00 (or the maximum limit for small claims court) arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of
the South African Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof.
The Client shall pay all arbitration costs, reasonable attorney’s fees and legal interest on any award or judgment in favour of RSRS. In the event that an Arbitrator cannot be mutually agreed upon, that an Arbitrator shall be appointed by the South African Arbitration Association. The provision of this Arbitration clause shall not preclude either party from approaching a court of competent jurisdiction on an urgency basis for any necessary interdictory and/or ancillary relief pending determination of the dispute by Arbitration as provided for in terms of this clause.
11. DOMICILIUM CITANDI ET EXECUTANDI AND NOTICIES:
RSRS choose as their domicilium citandi et executandi, their addresses mentioned below, but such domicilium may be changed by written notice from such party to the other with effect from the date of receipt or deemed
receipt by the latter of such notice.
Any notice, demand or other communication addressed by either party to the other at the latter’s domicilium in terms herewith, for the time being, and sent by prepaid registered post, will be deemed to be have been
received by the latter on the 7th business day following the date of posting. This provision will not be construed as precluding the utilisation of other means and methods (including
telefacsimile and email) for the transmission or delivery of notices, demands and other communications, but no presumption and delivery will arise if any such other means or method is used.
Postnet Suite 67, Private Bag X3, Westville, 3630.