RS RECRUITMENT & TRAINING SERVICES – TERMS AND CONDITIONS OF SERVICE.
The verbal instruction by the Client (telephonic or in person), written instruction by the client (including e-mails) to proceed with the recruitment process or the acceptance of Curriculum Vitae’s in any form, implies that
RS Recruitment & Training Services Terms and Conditions below have been read, understood and accepted by the Client.
The forwarding of your Curriculum Vitae and personal details to RS Recruitment & Training implies that you have read, understood and accepted our terms and conditions of service.
The following terms and conditions document are a legal agreement between RS RECRUITMENT & TRAINING 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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 PROTECTION OF PERSONAL INFORMATION ACT (POPI Act)
We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.
Why we collect Personal Information:
We collect personal information to liaise with you telephonically, via our website or email so that we may:
- Respond to any query or comment received from you.
- Inform you of new offers.
- Enable us to process, validate and verify information and requests for the supply of goods and/or services. 4. For the purposes for which you specifically provided the information.
- Generally to improve your experience on our website.
Minors If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.
Processing of Information:
We will share your personal information:
- To comply with applicable law or with legal process served on our company.
- To protect and defend the rights or property of our company.
- With employees and/or third parties who assist us in providing services to you and thus require your personal information to render a proper and efficient service. We will ensure that all such employees and third-party service providers, having access to your personal information, are bound by confidentiality agreements. Security Measures.
- Treat your personal information as strictly confidential.
- Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.
- Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
- Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request.
- We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.
Your rights – You have the right at any time to:
- Rectify the Personal Information collected by us.
- Object to the processing of Personal Information (subject to legislation).
- Request the return or destruction of Personal Information (subject to legislation).
- Lodge a complaint with the company.
The Personal Information processed by us is not routed/transferred to a third country or International organization unless our client using our recruitment services is based in that country.
All enquiries must be addressed to the information officer: David van Rensburg, who can be contacted via email at firstname.lastname@example.org or via on (083) 294 0894.
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.
Any reference made in our website, training webinars, manuals and other material to any person or companies.Including pictures and Joan Davis or companies associated with Joan Davis are fictitious. Any resemblance to real places or persons, dead or alive, are purely coincidental.
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.
12. 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.