Terms of Use

SERVICE LEVEL AGREEMENT
Permanent Placements
 
THE TERMS AND CONDITONS AS AGREED UPON BETWEEN THE PARTIES ARE AS FOLOWS:  
 
1.1     INTRODUCTION OF APPLICANT(S)
1.1.1   Aurum Recruitment acts in the capacity as Agent for its client and will not be the employer of the applicant so referred to the client for a permanent position. The service provided by Aurum Recruitment will be for permanent placements by the Client only. Final selection and appointment is affected by the client and Aurum Recruitment accepts no responsibility for any claim whatsoever arising out of the introduction of applicant(s) to the Client who in addition also unconditionally exonerates and indemnifies Aurum Recruitment against any claim, dispute and / liability that may arise out of the employment relationship between the Client and the applicant.
1.1.2   It is expressly agreed and acknowledged by the Client that Aurum Recruitment is not and does not render or provide the services of a Temporary Employment Service (TES) and / Labour Broker as defined and provided for in the relevant South African labour legislation and as such, at no point acts as an employer or employs any of the applicants introduced to the Client. The client will become the sole employer of the applicant once the applicant is placed and takes up employment with the Client.
 
1.2     Services
1.2.1   Recruitment of permanent staff - all levels
1.2.2   In depth staff selection and comprehensive interviewing
1.2.3   Advertising of available positions / vacancies
1.2.4   Screening of potential candidates
1.2.5   Reference / credit / criminal / background checks
 
2.       FEE STRUCTURE
2.1     Aurum Recruitment’s fees are calculated on a percentage of 10% (exclusive of VAT) of the applicant’s guaranteed total gross annual remuneration package with a minimum placement fee of R10 000-00 (Ten Thousand Rand) for salaries under R5000-00 (Five Thousand Rand) per month.
2.2     The fees applicable to Temporary placements will be calculated on 20% of the applicant’s monthly guaranteed total gross remuneration. This fee is payable once off to Aurum recruitment.
2.3     Should an applicant be offered subsequent permanent employment, during the existence period of said temporary placement or thereafter by the Client, a fee of 10% of the applicant’s guaranteed total gross annual remuneration will be calculated for the remainder of the calendar year up to a maximum of 12 (Twelve) months as from the date of placement.
2.4     All fees are due and payable within 7 (seven) calendar days from the date of commencement of employment of the applicant by the client.
 
3.       GUARANTEE AND REBATES
3.1     The guarantee period of 3 (three) months will only be applicable on condition that all fees are settled in full within 7 (seven) calendar days from the date of commencement of employment by the applicant.
3.2     In the event of the applicant’s resignation or fair dismissal / termination in accordance with the relevant South African Labour legislation within the guarantee period by the client, Aurum Recruitment will replace the applicant without any further introduction fees being applicable. The replacement applicant’s guarantee will be calculated pro rata to the remainder of the first 3 (three) month’s guarantee offered.
3.3     Should Aurum Recruitment be unable to replace said applicant within 30 (thirty) days, in its sole and absolute discretion, the following refunds will be offered to the client;
3.3.1   50% of the fee – termination within 0 – 30 days
3.3.2   40% of the fee – termination within 31 – 60 days
3,3,3   20% of the fee – termination within 61 – 90 days
Should a placed applicant be retrenched, transferred or seconded by the Client no refund is due and payable.
3.4     The client agrees to pay Aurum Recruitment all fees due and payable for recruitment and placement of an applicant with the Client and will not use the excuse of having access / having a prior relationship with the applicant as reason for non-payment.
 
4.       MUTUAL NON-DISCLOSURE AGREEMENT  
4.1     All confidential / business related / personal information shared between Aurum Recruitment and the Client during the course of their business must be treated with the utmost discretion and sensitivity.  
4.2     The parties hereby agree not to disclose any such information obtained during the course of their business relationship and interaction with each other to any unauthorised third party without the prior written permission of the other.
4.3     Aurum Recruitment will not disclose any trade secrets, competitive information or business secrets of the client to any unauthorised third party, except for the express purpose of attracting the interest of a potential applicant within its own discretion.
4.4     The Client will not disclose the applicant’s identity / references / credit records / criminal records, background information or the mere fact that the applicant applied for a position / vacancy to any unauthorised third party.
 
5.       PLACEMENT OF CANDIDATES
5.1     Aurum Recruitment is hereby authorised to represent the Client in interviewing the applicants for the purpose of retaining qualified applicants and placement in vacancies the client might have from time to time.
5.2     In the event of the client referring an unsuccessful applicant to an unauthorised third party for the purpose of employment, the Client will be held liable for the full placement fee applicable for said applicant upon employment of the applicant by said third party.
 
6.       VARIATON
No variation of this agreement will be binding and / have any effect or force unless reduced to writing and signed by both parties.
 
7.       ACCEPTANCE
7.1     The parties to this agreement undertake to accept all terms and conditions contained in this agreement. Upon written acceptance / employment of an applicant the Client undertakes to pay all fees due and payable to Aurum Recruitment in terms of this Agreement.
7.2     The parties agree to the jurisdiction of the Magistrates Court for the recovery of any losses / damages / fees and the unsuccessful party will be liable for all legal costs in such matter.
 
8.       GENERAL
8.1     The Client selects as their domicilium citandi et executandi, the address and e-mail address as described on page 1 above and agree that the above respective addresses will be the addresses at which all notices and /or legal process documents will be delivered and received by the candidate in terms of this Agreement.
 
8.2     Any waiver or relaxation or suspension which may be given or made by either party will be construed as relating strictly to the matter in respect whereof it was made or given.
 
8.3     This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

 

MEMORANDUM OF AGREEMENT

  
WHEREAS:
 

1.   The company provides services to its clients by assisting them with the facilitation of recruitment and placement of suitable candidates when so requested by the client.

2.    In return for the services rendered by the company to the client, the client pays the company an introduction and placement fee subject to certain guarantees being provided by the company to the client in respect of candidates so placed.

3.    The company’s primary and sole business is the recruitment and placement of successful candidates with its clients in permanent employment placements or positions.

4.    The company provides services and assistance to candidates who approaches the company seeking placement and employment, opportunities by facilitating the recruitment process on behalf of its clients in accordance with the criteria provided by the client with no fee being charged for services rendered by the company to the candidate seeking placement or employment.

5.    The company assists with the recruitment process, introduction of candidates to the client and assisting with the logistical arrangements to set up the interview phase between the client and candidate where after, the client conducts its own interview process with the candidates and within its sole discretion elects whether or not to offer employment to a particular candidate.

6.    The candidate, should he / she be successful, becomes the sole employee of the client and the client becomes the sole employer of the candidate subject to terms and conditions agreed upon between them and thus at no stage does the candidate become an employee or employed by the company.

7.    The company conducts business solely as a recruitment and placement company / agency and does not operate or render services as a Temporary Employment Service (TES) and / Labour Broker as defined and provided for in terms of relevant labour legislation. No employment relationship comes into existence between the company and the candidate and therefore, the company takes no responsibility and accordingly has no liability towards the candidate in terms of any labour legislation.

8.    The company will endeavor to find suitable placement and employment with its clients for the candidate when a placement or position which matches the vocational ability, skill set and relevant prior work experience of the candidate becomes available with a client, however, the company provides no guarantee to any candidate that he / she will be placed successfully as this decision lies solely with the client and not the company.

9.    No fees are payable by the candidate to the company for services rendered for seeking placement of the candidate with a client provided that the candidate complies with the requirements as set out below, failing which, the candidate will be liable to the company for payment of the introduction and placement fee or a portion thereof as outlined below.

   
NOW THEREFORE THE TERMS AND CONDITIONS AS AGREED TO BETWEEN THE PARTIES ARE HEREBY RECORDED AS FOLLOWS:
 
1.    Relationship between candidate and company

1.1  It is expressly agreed that the candidate approaches the company seeking potential placement and employment opportunities with a client of the company and as such, the candidate is not an employee of, nor is he / she employed by the company.
 
1.2  Should the candidate be successfully placed and accept an employment opportunity with the client, the candidate upon taking up the placement and employment offer of the client becomes the sole employee of the client and the client becomes the sole employer of the candidate.
 
1.3  It is expressly agreed and acknowledged by the candidate that the company does not conduct the business or operations of, nor do they render services as a Temporary Employment Service (TES) and / Labour Broker as provided for in terms of relevant labour legislation and the candidate will therefore have no claims of whatsoever nature against the company arising out of such legislation or the common law. Any dispute that may arise between the candidate and the client will be solely between them and the candidate herewith unconditionally exonerates and indemnifies the company from any form of liability that may arise out of such disputes or claim irrespective of the nature of the dispute or claim and / the relief being sought by the candidate.
 

2.    Obligations of candidate towards the company

2.1  It is expressly agreed that the candidate will provide any and all information requested and /or required by the company by no later than the date and time stipulated by the company for such information to be provided, failing which, the company will accept that the candidate is not interested in the position for which it is required and the company may then forthwith exclude the candidate from the lists of candidates provided to the client for consideration without further notice to the candidate.

2.2  It is the sole responsibility of the candidate to provide accurate and up to date information to the company including, but not limited to personal information, educational qualifications and training, skills, previous work experience as well as contactable references.

2.3  Should a candidate be shortlisted by the client and invited to attend an interview, it is the sole responsibility of the candidate to ensure that he / she attends the interview and reports for the interview on time. The company takes no responsibility for any opportunities that may be lost on account of the absence or late arrival of the candidate for an interview.

2.4  The candidate expressly agrees and consents that the company may conduct all relevant background checks as may be required which include, but are not limited to criminal checks, credit checks and any other background check that may at the sole discretion of the company be required from time to time based on the specific criteria provided by the client for a placement and employment opportunity.

2.5  It is further expressly acknowledged by the candidate that he / she is expected to provide honest, reliable and accurate information to the company at all times. Failing to do so will result in the company removing the candidate from its database and / refusing to render further services to the candidate indefinitely or for a fixed period of time as may be determined within the sole discretion of the company.

2.6  No fees are payable by the candidate to the company for services rendered to the candidate provided that the candidate remain in the employ of the client for a period of at least 3 (three) months from the date of placement and employment. Should the candidate terminate his / her employment with the client, or should the candidate’s services be terminated fairly by the client for reasons relating to the conduct of the candidate within the first 3 (three) months of taking up employment with the client, then, the candidate will be indebted and liable to the company for payment of the following percentages / portion of the introduction and placement fee which the company would have received or may be liable to refund to the client.

2.6.1   50% of the introduction and placement fee for termination within 0 to 30 (thirty) days;
 
2.6.2   40% of the introduction and placement fee for termination within 31 (thirty one) to 60 (sixty) days; and
 
2.6.3   20% of the introduction and placement fee for termination within 61 (sixty one) to 90 (ninety) days.
 
2.6.4   Should the company suffer damages and / financial losses in excess of the above percentages, it is expressly agreed that without derogating from any other right and relief the company may have in law, that the company will be entitled to recover such damages and / financial losses from the candidate within its sole discretion.
 
2.6.5   The provisions of clauses 2.6.1 to 2.6.4 will not be applicable where the reason for termination is due to the operational requirements of the client or due to the incapacity of the candidate.
 

2.7  It is further expressly agreed that the candidate will not disclose or divulge any confidential information pertaining to the business or operations of the company and /or its clients to any unauthorized third party without the prior written consent of the company.
 
2.8  The candidate expressly consents to the company providing all information (including personal information) received from the candidate to its clients and third party service providers as may reasonably be required in order for the company to be of service to the candidate, and further exonerates the company from any claims that may arise from the dissemination of such information to its clients and other third parties.

3.     Obligations of company towards candidate
 

3.1   The company will endeavor to find suitable placement and employment with its clients for the candidate when a placement or position which matches the vocational ability, skill set and prior relevant work experience of the candidate becomes available with a client,

3.2   Given the fact that the company only assist with the recruitment and placement process as well as the introduction of the candidate to the client where after the interviews of suitable candidates and any potential subsequent placement and employment offer or opportunities are made by the clients exclusively, the company provides no guarantee to any candidate that he / she will be placed successfully as this decision lies solely with the client and not the company.

4.    Fees for services rendered
 
4.1  Should a candidate be placed and obtain employment with the client of the company successfully, an introduction and placement fee will be payable by the client to the company for services rendered.
 
4.2   However, notwithstanding the above and subject to the provisions of clause 2.6 above, no fees will be charged by the company to the candidate for services rendered to the candidate.

5.     General

5.1   The candidate selects as his / her domicilium citandi et executandi, the address and e-mail address as described on page 1 above and agree that the above respective addresses will be the addresses at which all notices and /or legal process documents will be delivered and received by the candidate in terms of this Agreement.

5.2   No amendment, variation or cancellation of this agreement, nor any waiver or relaxation or suspension of any of the provisions or terms of this agreement shall be binding unless recorded in a written document signed by both parties. 

5.3    Any waiver or relaxation or suspension which may be given or made by either party will be construed as relating strictly to the matter in respect whereof it was made or given.

5.4    This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.