PERM : TERMS & CONDITIONS

Interviewing or employment of a Candidate introduced by Unique Personnel constitutes acceptance of these Terms & Conditions.

SERVICE AGREEMENT between UNIQUE PERSONNEL (UP) (Reg. No: 1999/010715/07) and "The Client" (the Company, Close Corporation, Partnership or Firm)

In the event there are no prior signed terms and conditions, these standard terms and conditions will apply.

Definitions

Candidate – An employee placed with the Client on a permanent, temporary, probationary or contract basis.

Inception / Date of Introduction – The date an order/job is given/accessed/received to UP (via telephone, email, web, verbal instruction or otherwise).

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 instituted by the Candidate arising from their employment.
3. UP shall not be liable for any loss, damages or injuries sustained by the Client or any third party as a result of any action or omission by a Candidate introduced by UP.

Confidentiality

1. All information concerning the Candidate is provided in the strictest confidence.
2. No references may be contacted without UP’s prior written consent.
3. No information may be divulged to any third party without UP’s prior written consent.
4. All documents prepared by UP remain its exclusive property and may not be disclosed without prior written consent.

Fee

1. The Client shall pay UP a percentage of the gross annual remuneration package (Total Cost to Company) as defined in the Income Tax Act, inclusive of perks such as company cars, allowances, etc.
2. A minimum amount of R4 000 per month will be added to the salary of any Candidate with use of a company vehicle.
3. Permanent placement fees (unless otherwise agreed in writing):

For Contract Positions: 25% markup on contract value (payable upfront). For Temporary Positions: 45% markup on hourly rate. No guarantees apply to Contract or Temporary placements (replacement may be negotiated).

4. Payment is due within 7 (seven) days of placement unless otherwise agreed and signed by both parties in writing.
5. All fees are exclusive of VAT (currently 15%).
6. The Client shall notify UP in writing when a position is filled. Failure to do so permits UP to continue submitting Candidates.
7. If any of UP’s Candidates seek employment independently after being introduced by UP and/or are appointed by the Client or the Client’s affiliate company within the two (2) year introduction period, a placement fee of 20% (twenty percent) of the annual cost to the Client will be due and payable if UP is not immediately notified.
8. The Client validates the guarantee by making full payment within the prescribed period and supplying UP with an electronic copy of the signed Employment Contract.
9. During any probationary period, the Client will be charged on an hourly/weekly basis.
10. Should the Candidate convert to permanent employment after probation, permanent placement fees will apply.

Interest and Costs

1. Fees are payable as set out in paragraph 4 above.
2. Late payment will attract interest at the prime bank rate plus collection costs, commission, and attorney-client legal costs.

Guarantee

1. UP provides a 12 (twelve) week guarantee on Candidates, provided the guarantee is validated by full payment and UP receives an electronic copy of the signed Employment Contract.
2. The guarantee applies to Candidates leaving for any reason, except retrenchment, redundancy or constructive dismissal.
3. If the guarantee is validated and the Candidate leaves within the guarantee period, UP will either supply a free replacement or credit the Client with 80 % (eighty percent) of the fee and re-invoice in full for the replacement, provided:
   • Written notice is given within 10 (ten) days of departure, and
   • The Candidate leaves within 4 (four) weeks of employment.
4. Should the Candidate leave within 5 to 8 weeks of placement, a 40 % credit applies. Should the Candidate leave within 9 to 12 weeks, a 20 % credit applies.
5. UP must be given the first opportunity to provide a replacement Candidate.
6. In addition to the 12-week guarantee, UP offers a 6-month guarantee (20% fee) and a 12-month guarantee (30% fee). Credit is given as follows: 80 % in the first third of the guarantee period, 40 % in the second third, and 20 % in the final third. These extended guarantees are subject to the same conditions in points 1–5 above.
7. A reasonable period of not less than 5 (five) working days must be allowed for replacement.
8. Where the position cannot be left vacant, UP will provide a suitable temporary Candidate at an hourly rate charged to the Client.
9. Should a replacement not be supplied within one month, a 50 % (fifty percent) charge will be levied against the credit to cover costs incurred.
10. Credits will be applied towards future placements, provided such placements occur within six months of the Candidate’s departure.
11. In all circumstances, the guarantee operates from the original starting date.

Protection of Personal Information (POPIA)

1. UP will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
2. The Client consents to UP collecting, storing, and processing personal information of Candidates for the purpose of recruitment and placement.
3. The Client undertakes to process any Candidate information received from UP only for the intended purpose and in compliance with POPIA.
4. Both parties shall implement reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised access or disclosure.

Jurisdiction The parties consent to the jurisdiction of the Magistrates Court of South Africa in terms of Section 45 of Act 32 of 1944.

Entire Agreement These terms constitute the entire agreement. No amendment or addition is valid unless reduced to writing and signed by both parties.

Waiver No indulgence or concession by UP shall constitute a waiver of any of its rights.

Set-off The Client shall not be entitled to any set-off or deduction against amounts due to UP.

Acceptance The placement/interviewing of a Candidate Introduced/Presented/Initiated by UP to the Client or the Client's affiliate Co. shall mean the Client accepts the above terms and conditions.

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