Interviewing/Employment of a candidate introduced by Unique Total Recruitment Solutions will be deemed to be an acceptance of the terms and conditions
SERVICE AGREEMENT between UNIQUE TOTAL RECRUITMENT SOLUTIONS (TRS)
and "The Client",the Company/ Close Corporation/ Partnership/ Firm with whom TRS entered into this Agreement
In the event there are no prior signed terms and conditions then these standard terms and conditions will apply.
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. TRS is not liable for the veracity of any information or representations concerning the Candidate.
2. The Client indemnifies TRS against any claim that may be instituted by the Candidate resulting from the employment of the Candidate.
3. TRS 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 TRS.
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 TRS; and
3. No information may be divulged to anyone else without the written consent of TRS.
4. All documents prepared and made available by TRS remain the exclusive property of TRS, and may not be disclosed without prior written consent.
Fee
1. The Client shall pay to TRS 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, TRS 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 TRS 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. If any of TRS's Candidates seek employment independently after they have been introduced by TRS, and are appointed by any of TRS's Clients or prospective Clients within the timeframe stated in point 6, a placement fee will be due and payable to TRS, calculated at 20 % (twenty percent) of the per annum cost to the Client or prospective Client.
7. If any of TRS's introduced Candidates seek employment independently, and are appointed by any of TRS's Clients or prospective Clients, a placement fee will be due and payable to TRS, 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 herein under by making payment of the relevant fee within the time period prescribed in paragraph 4.
9. TRS 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. TRS 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, TRS 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 that TRS 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, TRS 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, TRS 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 TRS Unique Total Recruitment Solutions as well as the client / employer.
Waiver
No concession, latitude or indulgence allowed by TRS 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 TRS for services rendered.
Acceptance
the placement/interviewing of a Candidate Presented by TRS with the Client shall mean the Client accepts the above terms and conditions.