PERM:  TERMS & CONDITIONS

 

Interviewing/Employment of a candidate introduced by Unique Personnel will be deemed to be an acceptance of the terms and conditions

 

SERVICE AGREEMENT between UNIQUE PERSONNEL (UP)

Reg. No: 1999/ 010715/ 07 And "The Client", the Company/ Close Corporation/ Partnership/ Firm with whom UP entered into this Agreement


Definitions:

Candidate An employee for a limited period/ probation period or an employee placed with a client on a permanent basis in terms of this Agreement;

Inception:

Inception shall mean:                  (i)             an order/job given to our Marketing/Recruitment consultants/reps

(ii)                   telephone/facsimile order received from the Client

(iii)                  a verbal instruction from the Client

(iv)                  e-mail/internet /web instruction received

Date of Introduction Date of inception of this Agreement, subject to the terms and conditions contained herein;

Warranty and Indemnity
1.             UP is not liable for the veracity of any information or representations concerning the Candidate.
2.             The Client indemnifies UP against any claim that may be instituted by the Candidate resulting from the employment of the Candidate.
3.             UPS shall not be liable to the Client for any loss, damages or injuries sustained by the Client or any other persons, arising directly or indirectly as a result of an action or
                omission by  any Candidate introduced by UP.
Confidentiality
1.             All information concerning the Candidate is provided in the strictest of confidence, therefore:
2.             No references may be contacted by the Client/Employer without the written consent of UP; and
3.             No information may be divulged to anyone else without the written consent of UP.
4.             All documents prepared and made available by UP remain the exclusive property of UP, and may not be disclosed without prior written consent.
Fee
1.             The Client shall pay to UP a percentage of the gross annual remuneration package of the Candidate ("gross annual costs to the company”), as defined in the
                Income Tax Act, Act 58 of 1962, inclusive of but not limited to perks such as company cars, car allowances and travel allowances.
2.             An amount of not less than R4000 per month will be added to the monthly salary of a candidate who has the use of a company vehicle.
3.             In the event of a Candidate being offered and accepting a permanent position, whether said Candidate was initially appointed in a temporary capacity or not, UP  will charge
                the Client a percentage of the gross annual cost to the company as follows:
                                                Gross Annual Income Package     Fee                   Guarantee
                                                R1 – R299 999 p.a                    15%                        12 (twelve) weeks
                                                R300 000 p.a. and over            20%                         12 (twelve) weeks

For Contract Positions a fee of 20% - 25% of the contract value will be payable upfront. For Temporary Positions a markup fee of 45%
of the hourly rate will be payable
                 There are no Guarantees applicable to Contract and Temporary Placements/Candidates. Replacement Candidates may be negotiated.
placement Terms and Conditions may vary
4.             Payment shall be made to UP by the Client within 7 (Seven) days of the placement of the Candidate.
5.             The fee structure detailed herein is exclusive of Value Added Tax, which is levied at 15%.
6.             Should any of the candidates of UP be taken into service, be it permanent, temporary or contractual, or merely be re-appointed or re-engaged, by the Client/Company/affiliate Co
                within 24 (Twenty Four) months of the original/most recent introduction/assignment to the Client by UP, the Client shall be liable for a fee in accordance with the terms and conditions set out hereinabove.
7.             If any of UP's Candidates seek employment independently, and are appointed by any of UP's Clients or prospective Clients, a placement fee will be due and payable to
                UP, calculated at 20 % (twenty percent) of the per annum cost to the Client or prospective Client.
8.             The Client/Employer validates the guarantee as described hereinunder by making payment of the relevant fee within the time period prescribed in paragraph 4.
9.              UP retains the right to alter  this fee structure and terms and conditions without prior notice.
10.            With regards to a Candidate undergoing a probationary period, the client will be charged weekly on an hourly basis for the duration of the said probationary period.
11.            Should such a  Candidate thereafter be appointed to a permanent position, fees in this regard will be as in the case of a permanent appointment.
Interest and Costs
1.             Fees become payable within the period detailed in paragraph 4 hereinabove.
2.             Failure to pay on time will render the Client/Employer liable for interest at the current prime bank rate as well as collection costs and commission, and legal
                costs between attorney and Client.
Guarantee
1.             UP provides a 12 (twelve) weeks guarantee on Candidates, provided the guarantee is validated by making payment in full as described in paragraph 4
                hereinabove.
2.             The aforementioned guarantee applies to Candidates leaving for any reason, with the exception of retrenchment, redundancy or constructive dismissal.
3.             If the guarantee is validated, and in the event of the Candidate leaving the employ of the Client within the guarantee period, UP will credit the Client with
                 80 % (eighty percent) of the fee, and re-invoice in full for the replacement, provided that UP is provided with written notice of the Candidate's leaving
                within 10 (ten) days of the date of departure of the Candidate, and provided that the Candidate leaves within 4 (four) weeks of his/ her employment.
4.             Should a Candidate leave within 5 (five) to 8 (eight) weeks of his/ her placement, a 40 % (forty percent) credit will be provided to the Client, and should he/ she
                leave within 9 (nine) to 12 (twelve) weeks of his/ her placement, a 20 % (twenty percent) credit will be provided.
5.             In terms of the Guarantee under discussion, UP must be given the opportunity to provide a replacement Candidate.
6.             A reasonable period of not less than 5 (five) working days must be allowed.
7.             Where such positions cannot be left vacant for this period of time, UP will provide a suitable temporary Candidate, paid at an hourly rate, and charged to the Client.
8.             Should a replacement not be supplied within one month however, a 50 % (fifty percent) charge will be levied against the credit of the Client to cover costs  incurred.
9.             Credits will be applied towards future placements, providing that such placements occur within six months of the date of the departure of the Candidate.
10.            In all circumstances, the guarantee operates from the original starting date.
Jurisdiction
The parties hereby consent to the RSA jurisdiction of the Magistrates Court in terms of Section 45 of Act 32 of 1944.
Entire agreement
These terms and conditions constitute the entire agreement between the parties and no amendment and / or additions hereto shall be of any force and / or effect unless reduced to writing and signed by Unique Personnel as well as the client / employer.
Waiver
No concession, latitude or indulgence allowed by UP to the Client shall be construed as a waiver or abandonment of any of its rights.
Set off
The Client shall not be entitled to claim any set off or deduction in respect of any payment due by the Client to UP for services rendered.
Acceptance
The placement/interviewing of a Candidate by UP with the Client shall  mean the Client accepts the above terms and conditions.