Terms and Conditions

1. Terms and Conditions pertaining to the use of this website

RECRUITAGRADUATE (referred to herein as "RECRUITAGRADUATE.co.za," "We," "Us", "Website" "RECRUITAGRADUATE" or collectively, as "Company" "RECRUITAGRADUATE"). The terms "You" and "User" as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to "Employers" (person or entity that is accessing the Website to post a job or for any reason related to the purpose of seeking candidates also referred to as Client), "Candidates" (a User who is accessing the Website to search for a job or in any other capacity except as an Employer), and third party advertisers.

RECRUITAGRADUATE reserves the right to change the website terms and conditions at any time. You will be deemed to accept the terms and conditions (as amended) when you next access or use the site following an amendment. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Use of material on the website:

RECRUITAGRADUATE authorizes you to view the material (defined below) on the website and in emails from the website solely for the purpose of locating and recruiting potential candidates (if you are an employer and for the purpose of seeking employment opportunities (if you are a job seeker).

Liability

RECRUITAGRADUATE makes every effort to ensure that the information on this site is accurate and complete. All job listings are supplied to us by Employers or by a third party and we do not always check the accuracy or completeness of that information. RECRUITAGRADUATE does not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.We accept no liability for any loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever whether it be direct or indirect arising from your use of our site or RECRUITAGRADUATE services. We hereby exclude any such liability under any circumstances. You agree to indemnify RECRUITAGRADUATE and the holding company against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site. RECRUITAGRADUATE must be notified immediately should anyone make a make a claim against you relating to your use of this site.

Website intention & user responsibilities:

  1. The website is intended for i) individuals seeking employment and ii) for employers seeking candidates for specific individual jobs.
  2. You may use this website only for lawful purposes within the stated context of the website's intended and acceptable use.
  3. You will be required to use a user name and password in order to register with our site. You are solely responsible for the security and proper use of your password which should be kept private and confidential at all times. You must not disclose your password to any other person and must notify us immediately if you think your password is compromised. We accept no liability for any unauthorised or improper use or disclosure of any password.
  4. RECRUITAGRADUATE.co.za is the sole interpreter of the website's intended and acceptable use. As a user, this authorizes you to view the material on the Website and in emails from the Company solely for your personal, non-commercial use. As a user of this website, you agree that you are solely responsible for the content of any document and written communication you post to the website and any consequences arising from such posting. Your use of the website is a privilege.
  5. RECRUITAGRADUATE.co.za reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
  6. RECRUITAGRADUATE.co.za reserves the right to accept or reject whomsoever it feels can or cannot be a user of the site.

You agree not to use the Website or Service to:

  1. respond to postings by other users in any manner or for any purpose other than that which is expected. Communications or behaviours soliciting a RECRUITAGRADUATE.co.za Client’s business, by job-seekers or competitors is prohibited.
  2. submit content that is implicitly or explicitly offensive (i.e., engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual); harasses, incites harassment or advocates harassment of another any group or individual; involves the transmission of promoting or endorsing false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  3. send unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited mass mailing or "spamming") to Users.
  4. collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
  5. directly or indirectly, intentionally disrupt or interfere with the Website or Services in any manner that may materially adversely affect RECRUITAGRADUATE.co.za, you or any third party.
  6. submit, upload, post, e-mail or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
  7. submit, upload, post, e-mail or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, passwords or other similar information.
  8. to delete or revise any material posted by any other person or entity.
  9. use the website or services for any purpose or in any manner that violates any local law or regulation or the law or regulation of any foreign government including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers.
  10. if at any time during the term of this agreement RECRUITAGRADUATE comes to the understanding that you misled RECRUITAGRADUATE about your qualifications, work experience, business practices and/or services RECRUITAGRADUATE reserves the right to terminate this agreement.

Report inappropriate postings or member conduct to us using the "Contact Us" page.

Website Posting Rules for Jobs and CV’s:

  1. RECRUITAGRADUATE is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Website suspended or terminated, at RECRUITAGRADUATE's discretion. RECRUITAGRADUATE reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions.
  2. Your input information may not contain: (i) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (ii) trade secrets (unless you own them or have the owner's permission to post them); (iii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iv) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (v) anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity. 

  3. You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, E-mail Processors, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise. 

  4. Your document(s) must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity. Documents from any third party charging a fee are prohibited. 

  5. Job postings must be individual openings for traditional job-seekers.
  6. Job postings must be for skilled work opportunities.
  7. RECRUITAGRADUATE.co.za is under no obligation to monitor the documents posted on the website, but it does monitor documents regularly. Documents found to violate the Posting Rules will be removed at RECRUITAGRADUATE.co.za's discretion.
  8. RECRUITAGRADUATE.co.za reserves the right to edit or remove job adverts that do not abide by the rules. Payments made via Self-Service Recruiting are non-refundable when the rules have not been adhered to.

Website Conduct Rules:

You are responsible for all content that you upload, input, submit, post, e-mail or otherwise transmit using the Website or Services. Likewise, you are responsible for respecting RECRUITAGRADUATE.co.za's rights with respect to content that appears on the website and not to download, e-mail or otherwise transmit such content in violation of RECRUITAGRADUATE.co.za's and third parties' rights. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  3. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing"
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
  6. Download, search or view the database through any automated (e.g. "scraping") process.
  7. Access the candidate database from a system that does not have industry standard uptodate AntiVirus software installed.
  8. Collection of candidate information and CV’s for competitive commercial gain.
  9. Collection of Clients for competitive commercial gain.
  10. Soliciting contracting or other work from Clients so as to circumvent RECRUITAGRADUATE from gaining agency fees.

Third Party Website links

RECRUITAGRADUATE contains links to third party websites that are controlled by other parties. RECRUITAGRADUATE is not responsible and accepts no liability for any of the linked third-party websites and does not make any representations regarding the content or accuracy of the materials on third party websites. Users who access or use any linked third party websites you do so their own risk.

Information Provided To RECRUITAGRADUATE

  1. Any reference to "information" will mean "personal information" as defined in the Protection of Personal Information Act (Act No. 4 of 2013), regardless of form, insofar as such information relates to you, your business or affairs, employees, directors, clients, suppliers and / or third parties.
  2. RECRUITAGRADUATE will require information from you from time to time to provide you with the services you require and you undertake, subject to clause four, to provide or arrange access to such information for RECRUITAGRADUATE as and when RECRUITAGRADUATE determines necessary. This information will only be used by RECRUITAGRADUATE for invoicing and other administrative purposes (where such information relates to your contact details and invoicing information); for the purposes of identifying candidates for possible selection by you and enabling candidates selected by you to provide the services you require; and / or for the purposes of conducting its business and commercial activities.
  3. Unless otherwise agreed between you and RECRUITAGRADUATE and subject to these terms, RECRUITAGRADUATE will treat information provided by you in terms of this clause one as confidential.
  4. You warrant that you will at all times have the necessary authority, permissions and / or licences to provide information in terms of clause two, including but not limited to authority, permissions and / or licences to provide information relating to third parties.
  5. RECRUITAGRADUATE will use the information provided by you in terms of clause two for the purposes set out therein and retain such information in whatever form until such time that you request in writing the destruction or deletion thereof.
  6. RECRUITAGRADUATE will use your contact details to provide you with job alerts, newsletters outlining the services it and its consultants provide and any developments that may be of interest, until such time as you advise it otherwise in writing or unsubscribe from its mailing list.
  7. All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by RECRUITAGRADUATE as a result of the provision by it of the services will only pass to you upon receipt by the consultants and / or RECRUITAGRADUATE (as the case may be) of payment of all fees and disbursements which may be owed or owing, in full, without set-off or derogation, in accordance with these Terms of Service.
  8. You accept that information that RECRUITAGRADUATE collects about you may be:
    1. stored and processed in and transferred between any of the countries in which it operates in order to enable it to process such information in accordance with these Terms of Service; and
    2. transferred to or between various countries internationally as a consequence of RECRUITAGRADUATE using information technology hosted or operated by a third party in or from such countries to store and/or process any information in its possession or under its control, which countries may not have data protection laws that are equivalent to those in force in the jurisdiction in which you reside. RECRUITAGRADUATE will, as far as reasonably practicable in the circumstances, use information technology hosted or operated by a third party in or from countries whose data protection laws are equivalent to those in force in the jurisdiction in which you reside.
    3. This section under "Information provided to RECRUITAGRADUATE" will survive the termination or cancellation of these Terms of Service for any reason whatsoever.

 

2. Summary Table of RECRUITAGRADUATE Fees

Job-seekers (Graduates, Interns and Apprentices) sign up for free.

A) Full Agency Service Fees 2019
Features: 

  • A dedicated recruitment professional that manages the recruitment process for you.
  • A call from a friendly expert to discuss the problem you are trying to solve through graduate recruitment. 
  • Assistance from a real person that understands the local context.
  • A job listing on our site with an optional company logo feature
  • A qualified short-list of the top CV’s from the recruitment manager.
  • Assistance to obtain various background checks you may require. 
  • Pay only upon making a successful placement.
  • A 3 month warranty included for permanent positions (see T&C's)
  • Support from your recruitment manager when you need it. 
Job Type Fee Structure excluding 15% VAT
Permanent appointments 12% Calculated on Annual Cost to Company
12 month Fixed Duration Contracts 12% Calculated on Annual Cost to Company
1-11 month Fixed Duration Contracts 15% Calculated on contract Cost to Company
Independent Contracting  Fees will depend on skill and length of contract

B) Self-Service Recruiting Fees 2019
Features: 

  • A 30 day job listing with an optional company logo.
  • Job credits which last 3 months.
  • Email notification when applicants apply to your job.
  • View CV applications via your account dashboard.
  • Download .pdf RecruitAGraduate CV’s to your computer.
  • Ask questions from applicants via your account dashboard.
  • Support from a trained professional when you need it. 

Fees to advertise jobs on this site using Self-Service: 

1 Job R1100.00 per job excluding VAT

2-5 Jobs R1050.00 per job excluding VAT

6+ Jobs R995.00 per job excluding VAT

C) Additional Services offered 2019

RECRUITAGRADUATE can provide Employers with additional services including:

Driver's License check R80.00 + vat = R92.00
Credit check R80.00 + vat = R92.00
Police/criminal check R400.00 + vat = R460.00
Qualification verification R250.00 + vat = R287.50 per qualification
Psychometric Testing Price on application depending on evaluation type

3. Full Agency Service - Client T&C’s

3.1 Permanent Placements

1. DEFINITIONS

  1. 'AGREEMENT' shall mean the provisions contained herein together with any appendices.
  2. 'APPLICABLE LAW' shall mean the laws of South Africa.
  3. 'CANDIDATE' refers to any person selected and introduced to The Client by RecruitMyMom (Pty) Ltd trading as RECRUITAGRADUATE. Also referred to as RECRUITAGRADUATE-candidate for the purposes of this contract.
  4. 'CLIENT' refers to the person, job-provider or company to whom RECRUITAGRADUATE provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RECRUITAGRADUATE-Client or job-provider.
  5. 'COMPANY' refers to RecruitMyMom (Pty) Ltd trading as RECRUITAGRADUATE, a recruitment agency performing placement services, also herein referred to as RECRUITAGRADUATE.co.za or RECRUITAGRADUATE.
  6. 'CONFIDENTIAL INFORMATION' shall mean any information that may be a trade secret as well as communications of a confidential nature relating to the business of the Client and its associates.
  7. 'EFFECTIVE DATE' shall mean the date of acceptance by the Client of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.
  8. 'FEES' shall mean the Placement Fees and reimbursable expenses payable by the Client to RECRUITAGRADUATE (PTY) LTD for performing placement services;
  9. 'PARTY' shall mean either the Client or the Company or the Candidate, as the case may be.
  10. 'PARTIES' shall mean both the Client and the Company or the Company and the Candidate, as the case may be.
  11. 'PERSONNEL' shall mean persons employed by the Client or the Company.
  12. 'PLACEMENTS' shall mean acceptance of a RECRUITAGRADUATE-Candidate to perform services to a Client on either Full-Time Permanent Placement (standard employment) or Part-Time Permanent Placement (more than 24 hours per month)
  13. 'SERVICES' shall mean those services requested by the Client and agreed to by the RECRUITAGRADUATE-Candidate.

2. INTERPRETATION

  1. This agreement constitutes the sole memorandum of agreement between the parties relating to the subject matter hereof and no variation or addition hereto or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties.
  2. No indulgence granted by either party in regard to the enforcement of its rights under this agreement shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to stop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.
  3. This Agreement contains all the express provisions agreed on by the Parties with regard to the Services and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.
  4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written consent of the other Party.
  5. Invalid Provisions:- If any provision contained in this Agreement is rendered void, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

3. PREAMBLE

It is recorded that:

  1. RECRUITAGRADUATE is a web-based recruitment agency that specialises in matching skilled candidates to companies that offer employment, being full-time permanent or part-time permanent jobs, fixed-duration jobs and consulting work.
  2. The purpose of this document is to provide for the terms and conditions in terms of which RECRUITAGRADUATE-Candidates are matched with the Client and in terms of which RECRUITAGRADUATE undertakes to avail the Candidate to the Client for Full-Time Permanent Placement (standard employment) or Part-Time Permanent Placement (non-standard employment.)
  3. Nothing in this Agreement shall be construed as constituting employment service or temporary employment service as contemplated in section 198 of the Labour Relations Act, 55 of 1995, or any other applicable statute or law. The Parties hereby expressly acknowledge and agree that notwithstanding any interpretation of this Agreement, directly or indirectly or in any manner whatsoever, it is not the intent of the Parties to enter into any agreement that may create an employer-employee relationship, whether temporary or otherwise, or any other relationship that may fall within the ambit of the Labour Relations Act, the Basic Conditions of Employment Act or any other act or regulation that is applicable to issues of employment.

4. DURATION

  1. This agreement shall be deemed to have commenced on the date of acceptance of these terms by the Client or, upon engagement of the introduced RECRUITAGRADUATE Candidate by the Client, whichever is earliest.

5. INTRODUCTION OF RECRUITAGRADUATE-CANDIDATES

  1. RECRUITAGRADUATE has a membership network of thousands candidates.
  2. In the case where any RECRUITAGRADUATE-Candidate is introduced to the Client through the RECRUITAGRADUATE network using the Full Agency Service, and the Client hires the RECRUITAGRADUATE-Candidate in any capacity, within 1 (one) year of referral, the Client will be liable to pay RECRUITAGRADUATE a recruitment fee.
  3. The Client will be invoiced by RECRUITAGRADUATE, according to the RECRUITAGRADUATE fee structure of the actual position (Permanent or Fixed Duration) offered to the Candidate by the Client.
  4. The Client acknowledges and undertakes to contact RECRUITAGRADUATE immediately should the Candidate approach the Client in order to secure placement directly.
  5. The Client agrees that it shall at no time approach any of RECRUITAGRADUATE Candidates or staff directly, with a view to employing them, or with a view to gain any information about RECRUITAGRADUATE finances, methods of payment, working practices or any company information whatsoever.
  6. RECRUITAGRADUATE (PTY) LTD personnel are not for hire by our clients. Should they leave the employ of RECRUITAGRADUATE and be employed by a client within 1 (one) year, a full Permanent Service Placement fee (fifteen percent of the annual cost to the company for permanent placements) will be applicable.

6. PLACEMENTS AND FEES

  1. In the case where any RECRUITAGRADUATE-Candidate is introduced to the Client through the RECRUITAGRADUATE network, and the Client hires the RECRUITAGRADUATE-Candidate in any capacity, within 1 (one) year of referral, placement will have taken place and the Client hereby agrees that he/she is liable to pay RECRUITAGRADUATE the relevant recruitment fee based on the actual placement.
  2. A Permanent placement fee is calculated as a percentage of the candidates cost to company for a year.
  3. The Permanent Service Level Fee is 12 (twelve) percent of the RECRUITAGRADUATE-Candidates annual cost to the company.
  4. RECRUITAGRADUATE as a division of RecruitMyMom (PTY) Ltd is a VAT registered company and our fees agreed exclude VAT.
  5. Payment is due on or before the due date of the invoice received. A copy of the signed i) letter of appointment or ii) employment contract is required as part of the warranty.
  6. Payment:Amounts due to RECRUITAGRADUATE shall be paid in full on the date of receipt of invoice. Internet transfers would be preferred. Cash payments into the account number given requires a 3 % handling fee, cheque payments require an additional ZAR50.00 handling fee as the bank charges a fee for such deposits.
  7. A fee of R100 will be added to your account for collection expenses and any accounts which are outstanding for longer than 30 days will be handed over for collection. Interest at 2.5% per month will be added on outstanding accounts of longer than 30 days. To avoid these extra charges, prompt payment is necessary.

7. THREE MONTH WARRANTY FOR PERMANENT PLACEMENTS

  1. Each Party warrants that this Agreement has been duly authorized by it and has been entered into by a duly authorized representative, and that all consents, licenses, permits and authorizations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Agreement and to perform all its obligations hereunder.
  2. Should the permanent placement of the RECRUITAGRADUATE-Candidate not be successful and the services of the Candidate is terminated lawfully by the Client or Candidate within 3 (Three) months of date of appointment, as per the provisions of the LRA, RECRUITAGRADUATE will attempt to replace the candidate with another candidate and no additional placement fee will be charged for the 2nd placement.
  3. This warranty is on condition that:
    1. there is no difference between the remuneration of candidates. Should there be a difference in remuneration, the difference will be worked into the fee reconciliation.
    2. the invoice for the original candidate was paid on or before the due date of the invoice;
    3. the role was not made redundant.
  4. Should a suitable replacement candidate not be found within 30 days, from the date of receiving a written request to replace the successful candidate by the Client, and conditions of clause 7.3 have been fulfilled, or Client feels that a replacement will not be necessary, the following credit will be issued on a pro-rata basis as follows:
    • Within 30 days a credit of 80% of the fee to apply
    • Within 60 days a credit of 60% of the fee to apply
    • Within 90 days a credit of 40% of the fee to apply
    • A Credit can only be passed once for the same position.

8. CONFIDENTIALITY

  1. All information regarding each and every RECRUITAGRADUATE-Candidate is and shall remain confidential, and shall not be passed on to any third party, except with the written approval of RECRUITAGRADUATE. In the event of the Client becoming aware that any associated company or third party might be interested in the RECRUITAGRADUATE-Candidate, the Client undertakes to furnish the name and contact details of such a third party to RECRUITAGRADUATE, who shall be entitled to contact the associated company directly and invoice accordingly.
  2. For the protection of the Client, RECRUITAGRADUATE and the Candidates alike, RECRUITAGRADUATE undertakes not to divulge any information concerning candidates or clients to any outside/third party unless agreed to by the Client or Candidate.

9. REFERENCE CHECKING

  1. In order to safeguard the confidentiality of candidates, extensive enquiries are not, as a general rule, made to the present or previous employers of candidates at interview stage, unless candidates have specifically authorized RECRUITAGRADUATE to do so. It is customary for reference checking to be undertaken only at the stage when, subject to satisfactory reference checking, the Candidate will receive an offer of employment.
  2. Reference checking, if authorized by the RECRUITAGRADUATE-Candidate, will only be done on the written request of the client and may include a credit bureau check, a criminal conviction check and any other reasonable relevant reference check as may be required by the client. These will be charged separately.

10. WORKING HOURS

  1. As the RECRUITAGRADUATE-Candidate will be appointed on permanent basis as an employee of The Client, the working hours are generally expected to be as agreed between the parties.
  2. As remuneration is based on the agreed working hours, and the placement fee is based on the remuneration of the RECRUITAGRADUATE-Candidate, the working hours are central to this agreement and will be agreed upon between the parties.
  3. The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of The Basic Conditions of Employment Act, 75 of 1997.
  4. Part-Time or Flexible working hours are regarded as any hours fewer than 45 hours per week but more than 24 hours per month, and are generally agreed between the parties.

11. INDEMNITY AND LIMITATION OF LIABILITY

  1. RECRUITAGRADUATE shall not be held responsible for any damages or losses of whatsoever nature that may be suffered or incurred by the client arising from RECRUITAGRADUATE providing incorrect or inaccurate information regarding a Candidate, non-disclosure by RECRUITAGRADUATE to the Client relating to any Candidate, the error or inaccuracy in or omission from any reference check obtained by RECRUITAGRADUATE or which ought to have been obtained by RECRUITAGRADUATE, recommendations made in good faith by RECRUITAGRADUATE’s employees, or arising from the conduct of any candidate after the appointment or the dismissal of any candidate after the appointment.

12. TERMINATION

  1. RECRUITAGRADUATE may, by not less than 10 days' written notice to the Client, terminate this Agreement:
    1. If the Client fails to pay any money due to RECRUITAGRADUATE within 10 days after receiving written notice from RECRUITAGRADUATE that such payment is overdue.
    2. If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 10 days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Client of the COMPANY notice specifying such breach.

13. DISPUTES

  1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. Each Party shall nominate a senior representative of its management to meet at any mutually agreed location to resolve the dispute. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with Clause 13.1.13.2
  2. In the event of any dispute failing to be resolved through negotiation as per clause 13.1.13.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.
  3. Such arbitration shall be held at Cape Town and in a summary manner on the basis that it shall not be necessary to observe or carry out the strict rules of evidence or the strict formalities or procedures prescribed under the arbitration laws so that there shall be no written pleadings or evidence or formal discovery of documents, except insofar as required by the arbitrator but otherwise the arbitration shall be conducted according to the procedures prescribed by the arbitration laws of the Republic of South Africa.
  4. Such arbitration shall be held as soon as practicably possible and with a view to it being completed within 21 (twenty-one) business days after it is demanded, having regard to any urgency with respect to the matter in issue.
  5. The arbitrator shall decide the matter submitted to him according to what he considers just and equitable in the circumstances and shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially.
  6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.
  7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.
  8. Notwithstanding anything to the contrary herein contained, either party shall be entitled to apply for urgent relief in any civil court in respect of any matter arising out of this agreement.

14. GOVERNING LAW AND JURISDICTION

  1. Regardless of the place of execution, performance or domicile of the parties, this Agreement shall be governed according to the laws of the Republic of South Africa, and the Parties submit to the authority of any South African court having the requisite jurisdiction over them.

15. NON-WAIVER / VARIATION

  1. This Agreement constitutes the entire agreement between the Parties regarding the matters set out herein or related thereto and no representations or warranties not set out in writing in this Agreement shall be binding upon the Parties. No variation, abandonment or waiver of rights or obligations under this Agreement or consensual cancellation of the Agreement, shall be binding unless it is in writing and signed by the Parties.

3.2. Fixed Duration Contracts

1. DEFINITIONS

  1. 'AGREEMENT' shall mean the provisions contained herein together with any appendices.
  2. 'APPLICABLE LAW' shall mean the laws of South Africa.
  3. 'CANDIDATE' refers to any person selected and introduced to The Client by RECRUITAGRADUATE (PTY) LTD. Also referred to as RECRUITAGRADUATE-candidate or RECRUITAGRADUATE Consultant for the purposes of this contract.
  4. 'CLIENT' refers to the person, job-provider or company to whom RECRUITAGRADUATE provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RECRUITAGRADUATE-Client or job-provider.
  5. 'COMPANY' refers to RECRUITAGRADUATE (PTY) LTD, a recruitment agency performing placement services, also herein referred to as RECRUITAGRADUATE.co.za or RECRUITAGRADUATE.
  6. 'CONFIDENTIAL INFORMATION' shall mean any information that may be a trade secret as well as communications of a confidential nature relating to the business of the Client and its associates.
  7. 'EFFECTIVE DATE' shall mean the date of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.
  8. 'FEES' shall mean the Placement Fees and reimbursable expenses payable by the Client to RECRUITAGRADUATE (PTY) LTD for performing placement services;
  9. 'LIMITED or FIXED TERM EMPLOYMENT' refers to non-standard employment, where the term/duration of employment terminates on the occurrence of a specific event or the completion of a specified task or project or on a fixed date other than the employee’s normal or agreed retirement age.
  10. 'PARTY' shall mean either the Client or the Company or the Candidate, as the case may be.
  11. 'PARTIES' shall mean both the Client and the Company or the Company and the Candidate, as the case may be.
  12. 'PERSONNEL' shall mean persons employed by the Client or the Company.
  13. 'PLACEMENTS' shall mean acceptance of a RECRUITAGRADUATE-Candidate to perform services to a Client on Limited or Fixed duration Agreement.
  14. 'SERVICES' shall mean those services requested by the Client and agreed to by the RECRUITAGRADUATE-Candidate or RECRUITAGRADUATE-Consultant.

2. INTERPRETATION

  1. This agreement constitutes the sole memorandum of agreement between the parties relating to the subject matter hereof and no variation or addition hereto or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties.
  2. No indulgence granted by either party in regard to the enforcement of its rights under this agreement shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to stop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.
  3. This Agreement contains all the express provisions agreed on by the Parties with regard to the Services and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.
  4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written consent of the other Party.
  5. Invalid Provisions:- If any provision contained in this Agreement is rendered void, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

3. PREAMBLE

It is recorded that:

  1. RECRUITAGRADUATE is a web-based recruitment agency that specialises in matching skilled candidates to companies that offer meaningful standard and non-standard employment, being full-time permanent or part-time permanent jobs, fixed-duration jobs and consulting work.
  2. The purpose of this document is to provide for the terms and conditions in terms of which RECRUITAGRADUATE-Candidates are matched with the Client and in terms of which RECRUITAGRADUATE undertakes to avail the Candidate to the Client for a fixed or limited duration or for a specific project.

Nothing in this Agreement shall be construed as constituting employment service or temporary employment service as contemplated in section 198 of the Labour Relations Act, 55 of 1995, or any other applicable statute or law. The Parties hereby expressly acknowledge and agree that notwithstanding any interpretation of this Agreement, directly or indirectly or in any manner whatsoever, it is not the intent of the Parties to enter into any agreement that may create an employer-employee relationship, whether temporary or otherwise, or any other relationship that may fall within the ambit of the Labour Relations Act, the Basic Conditions of Employment Act or any other act or regulation that is applicable to issues of employment.

4. DURATION

  1. This agreement shall be deemed to have commenced upon engagement of the introduced RECRUITAGRADUATE Candidate by the Client or on the date of signing, or, whichever is earliest.
  2. The agreement will automatically lapse as specified in Schedule 1 (provided at the time of appointment).
  3. The Placement Fee is calculated as a percentage of the RECRUITAGRADUATE-Candidates remuneration, for the duration of the contract and any agreement to extend the duration of the contract will automatically result in the extension of this agreement for the same period of extension.
  4. Should there be a justifiable reason for the extension of the fixed duration agreement with the RECRUITAGRADUATE-Candidate, a new agreement will be put into place and the fee will be renegotiated.

5. INTRODUCTION OF RECRUITAGRADUATE-CANDIDATES

  1. RECRUITAGRADUATE has a membership network of thousands of skilled, experienced candidates throughout South Africa.
  2. In the case where any RECRUITAGRADUATE-Candidate is introduced to the Client through the RECRUITAGRADUATE network, and the Client hires the RECRUITAGRADUATE-Candidate in anycapacity, within 1 (one) year of referral, the Client will be liable to pay RECRUITAGRADUATE a recruitment fee.
  3. The Client will be invoiced by RECRUITAGRADUATE, according to either the service level agreed upon when posting the job (Permanent, Fixed Duration or Consultant) or according to the RECRUITAGRADUATE service level Fee (Permanent, Fixed Duration or Consultant) of the actual position offered to the Candidate by the Client, should the engagement of the RECRUITAGRADUATE-Candidate differ from the initial service level posting on the RECRUITAGRADUATE Network.
  4. The Client acknowledges and undertakes to contact RECRUITAGRADUATE immediately should the Candidate approach the Client in order to secure placement directly.
  5. The Client agrees that it shall at no time approach any of RECRUITAGRADUATE Candidates or staff directly, with a view to employing them, or with a view to gain any information about RECRUITAGRADUATE finances, methods of payment, working practices or any company information whatsoever.
  6. Should the Client fail to inform RECRUITAGRADUATE of the appointment of a RECRUITAGRADUATE-Candidate prior to the actual engagement of the RECRUITAGRADUATE-Candidate, the Client will automatically be invoiced for a fixed term contract placement fee subject to clause 5.3.
  7. RECRUITAGRADUATE (PTY) LTD personnel are not for hire by our clients. Should they leave the employ of RECRUITAGRADUATE and be employed by a client within 1 (one) year, a full Permanent Service Placement fee (ten percent of annual cost to the company for permanent placements) will be applicable.

6. PLACEMENTS AND FEES

  1. In the case where any RECRUITAGRADUATE-Candidate is introduced to the Client through the RECRUITAGRADUATE network, and the Client hires the RECRUITAGRADUATE-Candidate in any capacity, within 1 (one) year of referral, the Client will be invoiced an upfront placement fee for the duration of the employment contract.
  2. A Fixed Term Placement Fee is calculated as a percentage of the RECRUITAGRADUATE-Candidate’s remuneration, for the duration of the contract. A Schedule 1 which will be provided at the time of appointment, detailing the agreed remuneration and fees, shall be signed by the parties to this agreement and shall form part of the agreement.
  3. No alterations or additions to the services of the RECRUITAGRADUATE-Candidate as reflected in Schedule 1(provided at the time of appointment) of the agreement, may be made without informing RECRUITAGRADUATE. Neither Party may affect any change of whatever nature to the scope of the Services outlined in the Schedule(s), without the prior written approval of the other Party.
  4. Should the scope and parameters of the Services change materially after the signing of this Agreement, the Parties shall draw up and sign a new Agreement which the new Agreement will cancel and revoke the terms and provisions of this Agreement.
  5. The Client shall appoint one of its employees as its representative and The RECRUITAGRADUATE Candidate shall report to this representative.
  6. The RECRUITAGRADUATE-Candidate shall comply with all the Client’s regulations, practices, and instructions and with all applicable laws and regulations issued by any competent authorities, and the Client shall specifically instruct The RECRUITAGRADUATE Candidate to this effect.
  7. In the event of a serious breach of the Client’s security or a violation of the Client’s policies and procedures, the Client’s right of termination as per the provisions of the Labour Relations Act is recognised. The RECRUITAGRADUATE Candidate shall, therefore, ensure that she is aware of the Client’s Rules and Policies and agrees to act according thereto.
  8. RECRUITAGRADUATE is a VAT registered company and our fees agreed to exclude VAT. 
  9. Invoicing is done upfront for the full duration of the contract and payment is due before or on the start date of the RECRUITAGRADUATE candidate.

7. PAYMENT

  1. Amounts due to RECRUITAGRADUATE shall be paid in full on the due date of the invoice. Internet transfers would be preferred. Cash payments into the account number given, requires a 3 % handling fee, cheque payments require an additional ZAR50.00 handling fee as the bank charges a fee for such deposits.
  2. A fee of R100 will be added to your account for collection expenses and any accounts which are outstanding for longer than 30 days will be handed over for collection. Interest at 2.5% per month will be added to outstanding accounts of longer than 30 days. To avoid these extra charges, prompt payment is necessary.

8. CONTRACT TO PERMANENT PLACEMENT FEE FOR LESS THAN 12 MONTH CONTRACTS

  1. Should the Fixed duration contract be less than 12(twelve) months and should The Client, its subsidiary or associated companies, or any person, organization or company to whom the client subsequently introduces the RECRUITAGRADUATE Candidate, wish to employ the RECRUITAGRADUATE Candidate on a permanent basis, either at the conclusion of the contract or for 6 months from the conclusion of the contract period, the client, its subsidiary or associated companies, or any person, organization or company to whom the client subsequently introduced the employee will be charged a pro-rata placement fee, for the placement of permanent employees, of seventeen (17) percent for the remainder of the 12 (twelve) month period calculated based on the permanent remuneration including bonuses, allowances and commissions.
  2. The parties agree that this amount is what RECRUITAGRADUATE will lose by way of income and agree that no further proof of loss of income is required in this respect. In the event that RECRUITAGRADUATE needs to recover this amount from the job-provider, the job-provider acknowledges that it would be liable for legal fees on an attorney and own client basis. This paragraph is without prejudice to any and all other legal rights that RECRUITAGRADUATE may have against the client.

9. WARRANTY FOR FIXED DURATION CONTRACTS

  1. Each Party warrants that this Agreement has been duly authorized by it and has been entered into by a duly authorized representative, and that all consents, licenses, permits and authorizations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Agreement and to perform all its obligations hereunder.
  2. Should the RECRUITAGRADUATE-Candidate resign or the services of the Candidate is terminated lawfully by the Client or Candidate, as per the provisions of the LRA, RECRUITAGRADUATE must be given the opportunity to replace the candidate with another candidate and no additional fee will be charged for the 2nd placement.
  3. This warranty is on condition that:
    1. there is no difference between the remuneration of candidates and termination date of the agreed fixed duration contract. Should there be a difference, the difference will be worked into the fee reconciliation.
    2. the invoice for the original candidate was paid on or before the due date of the invoice;
    3. the role was not made redundant.
  4. Should a suitable replacement candidate not be found within 30 days, from the date of receiving a written request to replace the successful candidate by the Client, and conditions of clause 3.2.9.3 have been fulfilled, or Client feels that a replacement will not be necessary, the following credit will be issued on a pro-rata basis as follows:
    • Within 30 days a credit of 80% of the fee to apply
    • Within 60 days a credit of 60% of the fee to apply
    • Within 90 days a credit of 40% of the fee to apply
    • A Credit can only be passed up to once for the same position.

 

 

 

 

10. CONFIDENTIALITY

  1. All information regarding each and every RECRUITAGRADUATE-Candidate is and shall remain confidential, and shall not be passed on to any third party, except with the written approval of RECRUITAGRADUATE. In the event of the Client becoming aware that any associated company or a third party might be interested in the RECRUITAGRADUATE-Candidate, the Client undertakes to furnish the name and contact details of such a third party to RECRUITAGRADUATE, who shall be entitled to contact the associated company directly and invoice accordingly.
  2. For the protection of the Client, RECRUITAGRADUATE and the Candidates alike, RECRUITAGRADUATE undertakes not to divulge any information concerning candidates or clients to any outside/third party.

11. REFERENCE CHECKING

  1. In order to safeguard the confidentiality of candidates, extensive enquiries are not, as a general rule, made to the present or previous employers of candidates at interview stage, unless candidates have specifically authorized RECRUITAGRADUATE to do so. It is customary for reference checking to be undertaken only at the stage when subject to satisfactory reference checking, the Candidate will receive an offer of employment.
  2. Reference checking, if authorized by the RECRUITAGRADUATE-Candidate, will only be done on the written request of the client and may include a credit bureau check, a criminal conviction check and any other reasonable relevant reference check as may be required by the client. These will be charged separately.

12. WORKING HOURS

  1. As the RECRUITAGRADUATE-Candidate will be appointed as an employee of The Client, the working hours are generally expected to be as agreed between the parties and as contained in Schedule 1 (provided at the time of appointment).
  2. The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of The Basic Conditions of Employment Act, 75 of 1997.
  3. Part-Time or Flexible working hours are regarded as any hours fewer than 45 hours per week but more than 24 hours per month and are generally agreed between the parties.
  4. Travel requirements are generally expected to be as agreed between the parties, however, should the Client require the RECRUITAGRADUATE Candidate to travel to a remote site (i.e. a site other than the normal place of work), this should be contained in Schedule 1 (provided at the time of appointment). The travel costs and reasonable expenses shall be for the Client’s account, inclusive of RECRUITAGRADUATE’s fees.

13. INDEMNITY AND LIMITATION OF LIABILITY

  1. RECRUITAGRADUATE shall not be held responsible for any damages or losses of whatsoever nature that may be suffered or incurred by the client arising from RECRUITAGRADUATE providing incorrect or inaccurate information regarding a Candidate, non-disclosure by RECRUITAGRADUATE to the Client relating to any Candidate, the error or inaccuracy in or omission from any reference check obtained by RECRUITAGRADUATE or which ought to have been obtained by RECRUITAGRADUATE, recommendations made in good faith by RECRUITAGRADUATE’s employees, or arising from the conduct of any candidate after the appointment or the dismissal of any candidate after the appointment.

14. TERMINATION

  1. RECRUITAGRADUATE may, by not less than 10 days' written notice to the Client, terminate this Agreement:-
  2. If the Client fails to pay any money due to RECRUITAGRADUATE within 10 days after receiving written notice from RECRUITAGRADUATE that such payment is overdue.
  3. If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 10 days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Client of the COMPANY notice specifying such breach.

15. DISPUTES

  1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. Each Party shall nominate a senior representative of its management to meet at any mutually agreed location to resolve the dispute. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with Clause 13.2
  2. In the event of any dispute failing to be resolved through negotiation as per clause 13.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.
  3. Such arbitration shall be held at Cape Town and in a summary manner on the basis that it shall not be necessary to observe or carry out the strict rules of evidence or the strict formalities or procedures prescribed under the arbitration laws so that there shall be no written pleadings or evidence or formal discovery of documents, except insofar as required by the arbitrator but otherwise the arbitration shall be conducted according to the procedures prescribed by the arbitration laws of the Republic of South Africa.
  4. Such arbitration shall be held as soon as practicably possible and with a view to it being completed within 21 (twenty-one) business days after it is demanded, having regard to any urgency with respect to the matter in issue.
  5. The arbitrator shall decide the matter submitted to him according to what he considers just and equitable in the circumstances and shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially.
  6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.
  7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.
  8. Notwithstanding anything to the contrary herein contained, either party shall be entitled to apply for urgent relief in any civil court in respect of any matter arising out of this agreement.

16. GOVERNING LAW AND JURISDICTION

  1. Regardless of the place of execution, performance or domicile of the parties, this Agreement shall be governed according to the laws of the Republic of South Africa, and the Parties submit to the authority of any South African court having the requisite jurisdiction over them.

17. GENERAL

  1. No amendment of this Agreement or any consensual cancellation is binding on either party unless confirmed in writing and signed by both parties.
  2. Any relaxation or indulgence which either party may show will not in any way prejudice or be deemed to be a waiver of either parties' right under this Agreement.
  3. This Agreement constitutes the whole Agreement between the parties and no warranties or representation, whether expressed or implied, have been given or made by RECRUITAGRADUATE to the Client and vice versa.