Terms and Conditions

1. Definitions

1.1. “Ancillary Terms” means all additional terms and conditions applicable to the Website and Services and includes:
   1.1.1. Privacy Policy

1.2. “Business Days” means any day other than a Saturday, Sunday or statutory public holiday in the RSA.

1.3. “Documents” means any documentation a User submits on the Website for the purposes of utilising the Services.

1.4. “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.

1.5. “Loss” means financial loss as a result of the use of any aspect of the Website, claims, damages, liabilities, losses, costs (including legal costs on a scale as between attorney and own client and any additional legal costs) or expenses of any kind, whether direct or indirect, actual, consequential, compensatory, incidental, punitive or special (including damages for loss of business, revenue, profits, data, use, goodwill or other intangible losses) including loss incurred in connection with any litigation, arbitration or administrative proceedings or regulatory enquiry regarding any aspect of the Website.

1.6. “Parties” means RAG and the User and any reference to “Party” shall be a reference to either of them as the context may require. 

1.7. “Privacy Policy” means RAG’s Privacy Policy, as amended from time to time and found at Privacy Policy.

1.8. “RAG” means RecruitAGraduate, a private company duly incorporated in accordance with the laws of the RSA.

1.9. “RAG’s Affiliates” means RAG’s shareholders, directors, present or past employees, consultants, service providers, suppliers, holding companies, subsidiaries, affiliates, agents, representatives, successors and assigns.

1.10. “RSA” means the Republic of South Africa.

1.11. “Services” means the recruitment and ancillary services as provided by RAG through the Website.

1.12. “Terms” means these terms and conditions as contained herein, and amended from time to time.

1.13. “Third Party Offerings” means any websites and/or services offered by third parties and which offerings may or may not be endorsed by RAG.

1.14. “Third Party Providers” means any third-party service providers who have been appointed by RAG to assist RAG with the provision of the Services.

1.15. “User” means any user of the Website.

1.16. “Website” means the website owned by RAG and situated at recruitagraduate.co.za.

 

2. General 

2.1. The use of the Website is governed by these Terms. Each time a User utilises the Website, the User agrees to be bound by these Terms. 

2.2. RAG may change these Terms at any time and will publish the amended and latest version. To the extent that these Terms are amended so as to materially alter a User’s rights in a substantial way, RAG will notify Users of any material change and a User shall be entitled to discontinue using the Website.

2.3. The User confirms acceptance of these Terms as modified, changed, supplemented or updated by RAG. 

2.4. These Terms incorporate all Ancillary Terms, with the User acknowledging that they have read and understand all Ancillary Terms and that the User agrees to be bound to them

3. Use

3.1. The Website is intended for:

3.1.1. Individuals seeking employment and/or consulting work and for employers seeking candidates for employment and/or consulting work; and

3.1.2. Other services that may be offered from time to time for Users.

3.2. As a jobseeker or employer, 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. 

3.3. Users are prohibited from, without limitation:

3.3.1. Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

3.3.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

3.3.3. 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", "mailbombing" or "crashing";

3.3.4. Sending unsolicited e-mail, including promotions and/or advertising of products or services;

3.3.5. 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;

3.3.6. Collection of candidate information and CV’s for competitive commercial gain.

3.3.7. Communications or behaviours soliciting a RAG client’s business;

3.3.8. Submitting, uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other code, files or programmes dSesigned or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;

3.3.9. Submitting, uploading, posting, e-mailing, collecting or storing “Personal Information” (as defined in terms of the Protection of Personal Information Act, No 4 of 2013 (as amended)) with respect to third parties except as contemplated by these Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.

3.3.10. Deleting or revising any material posted by any other person or entity;

3.3.11. Using the Website or Services for any purpose or in any manner that violates any Law 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;

3.3.12. Submitting content that is implicitly or explicitly offensive (including but not limited to behaviour that promotes racism, bigotry, hatred or physical harm of any kind against any individual or group or 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);

3.3.13. Sending unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited mass mailing or "spamming") to Users; and/or

3.3.14. Directly or indirectly, intentionally disrupting or interfering with the Website or Services in any manner that may materially adversely affect RAG or any third party.

4. Website Job and CV Posting Rules

4.1. Documents shall not contain: 

4.1.1. material that infringes on or misappropriates any other intellectual property rights or violates the privacy or publicity rights of others; 

4.1.2. keywords or white text keywords (including any words embedded in a Document and hidden from the User); 

4.1.3. anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or 

4.1.4. anything that is embarrassing or offensive to another person or entity.

4.2. You may not use your Document(s) to: 

4.2.1. impersonate another person, living or dead; 

4.2.2. post false, inaccurate or misleading information; 

4.2.3. post advertisements or solicitations of business (including, but not limited to franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); post chain letters or pyramid schemes; or

4.2.4. post opinions or notices, commercial or otherwise.

4.3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity. 

4.4. RAG is under no obligation to monitor Documents posted on the Website, but it does monitor Documents regularly. Documents found to violate these Terms will be removed at RAG’s discretion.

5. Intellectual Property

RAG retains all right, title and interest in the Website, all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, agreements, policies, information and all other material available on the Website which may not be copied, imitated or used, in whole or in part, without RAG’s written permission. RAG reserves all rights not expressly granted.

6. Disclaimer

6.1. By using the Website the User acknowledges and agrees that the Website is provided without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of the Website and that the Website is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or a User’s hardware or software. RAG accepts no responsibility for any errors or omissions on the Website. 

6.2. RAG may, in its sole discretion, at any time, suspend or terminate the operation of any aspect of the Website, without prior notice. 

7. Liability

7.1. RAG accepts no responsibility for the accessibility of the Website nor the provision of the Services. In no event will RAG or RAG’s Affiliates be responsible or liable for any Loss regardless of whether RAG or any RAG Affiliates has been advised of the possibility of such Loss, including without limitation any Loss related to the following:

7.1.1. the use or performance of the Website including any fault, delays, interruptions or lack of availability of the Website, including unauthorised access to a User’s account; 

7.1.2. the veracity of any information that a User provides to RAG; 

7.1.3. the failure to receive in any way the transmission of any data, content or property from a User;

7.1.4. any reliance on, or decision made on the basis of, information or material shown on or omitted from the Website; 

7.1.5. any conduct or content of any Third Party Providers and/or any Third Party Offerings; or

7.1.6. the User’s violation of these Terms and/or any Ancillary Terms.

7.2. To the fullest extent permitted by Law, the User indemnifies, defends and holds harmless RAG and RAG’s Affiliates from and against all Loss arising from or related to the above. This indemnity will bind upon and insure to the benefit/obligation of any successors, assigns, heirs and personal representatives of RAG and the User. The User’s obligations contained herein remain operative regardless of whether the User ceases to use any aspect of the Website. RAG reserves the right to exercise sole control over the defense, at the User’s expense, of any claim subject to indemnification pursuant to these Terms. 

7.3. Notwithstanding the fact that the Website may refer to Third Party Offerings, such Third Party Offerings are used entirely at the User’s risk and RAG is not responsible for any Loss, arising from the User’s use of Third Party Offerings. RAG does not endorse, warrant or make any representations about the content, products, services, security or reliability of any Third Party Offerings.

8. Severability

8.1. If any provision of these Terms is found to be invalid under any Law, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of these Terms will be enforced as if such provision was not included.

8.2. RAG may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. The User is prohibited from assigning, transferring, or subcontracting any rights and/or obligations under these Terms without RAG’s written consent.

9. Dispute Resolution

9.1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under these Terms through good faith negotiations. Each Party shall appoint a nominee 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 the remaining provisions of this clause 9.

9.2. In the event of any dispute failing to be resolved through negotiation as per clause 9.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).

9.3. Such arbitration shall be held at Cape Town (or with written agreement from RAG via video conference) 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 RSA. Parties will agree on an Arbitrator, failing which AFSA will appoint one.

9.4. 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.

9.5. The arbitrator shall decide the matter submitted to him according to what he/she 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.

9.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

9.7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of these Terms.

9.8. 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 these Terms.

10. Laws, regulations and jurisdiction

The use of the Website shall be governed by, and construed in all respects in accordance with the laws of the RSA, and subject to the exclusive jurisdiction of the courts of the RSA.

11. Contact Us

11.1.  Any questions or suggestions regarding these Terms, shall be sent to the following email address: 

admin@recruitagraduate.co.za

All rights reserved RecruitAGraduate, a division of RecruitMyMom (Proprietary) Limited.

 

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

A) Fees on RecruitAGraduate to hire a graduate or hire an intern - South Africa

Job Type	Fee Structure excluding 15% VAT
Bulk Recruiting	Contact us to structure a plan
Permanent appointment	14% Placement Fee
Fixed Duration Contract	17% Depends on the length of the contract
Independent Contracting	Dependant on skill
CV  service	Available for 3 or more hires
Retainer	Available to companies seeking ongoing graduate hires

 

B) Additional Services offered 

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 and online skill testing	See our pricing here

1. DEFINITIONS

1.1 "Affiliates" refers to any entity or individual that directly or indirectly controls, is controlled by, or is under common control with the employer, including but not limited to, parent companies, subsidiaries, partners, related companies, and any officers, directors, employees, or agents acting on behalf of such entities.

1.2 “Agreement” means this employment placement agreement governing the terms on which RAG assists Clients with employment placements of Candidates, together with any appendices hereto.

1.3 "Business Day" means any day other than a Saturday, Sunday or statutory public holiday in the RSA.

1.4 “Candidate” refers to any person selected and introduced to the Client by the Company.

1.5 “Candidate Services” shall mean those services requested by the Client and agreed to by a Candidate.

1.6 “Client” refers to the person, job-provider or company to whom the Company provides recruitment of permanent, temporary, contract or freelance staff.

1.7 “Company” refers to RecruitAGraduate (Proprietary) Limited (Registration Number: 2018/591350/07), a recruitment agency performing recruitment placement services, also herein referred to as RAG.

1.8 “Company Associate” means employees, officers or agents of the Company.

1.9 “Confidential Information” means confidential information and shall embrace all data, documentation, specifications, proposals, trade secrets, know how, accounts, financial statements, circumstances or events, transactions, computer readable data (including, but not limited to any software programme, financial information, analyses, compilations, studies, interpretations, databases, manuals, practices, procedures, internal systems and controls used, investment strategies), methods of payment, fee structures, working practices or any company information whatsoever, Personal Information, and all information in whatsoever form, tangible or intangible, pertaining to the Company, Client, Candidates and/or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

1.10 “Contractors” means any Freelancer or Independent contracted via RAG to perform work for a client.

1.11 “Effective Date” means the date of this Agreement (being the date on which a Client agrees to be bound to the Company’s terms and conditions as evidenced by a Client accepting RAG’s Terms in accordance with clause 15.6) or the date on which a Candidate begins to perform any of the Candidate Services to a Client, whichever comes first.

1.12 “Fees” means the placement fees and reimbursable expenses payable by the Client to the Company for performing the RAG Services.

1.13 “Fixed Term Employee Terms” means the terms applicable to Candidates who are engaged by a Client in Fixed Term Employment, the specified terms in respect of which are attached hereto marked Annexure B.

1.14 “Fixed Term Employment” means 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.

1.15 “Independent Contractor Terms” means the terms applicable to Candidates who are engaged by a Client in an Independent Contracting capacity, the specified terms in respect of which are attached hereto marked Annexure C.

1.16 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.

1.17 “Parties” means both the Client and the Company and “Party” shall be a reference to any of them as the context may require.

1.18 “Permanent Employee Terms” means the terms applicable to Candidates who are engaged by a Client as permanent employees, the specified terms in respect of which are attached hereto marked Annexure A.

1.19 “Permanent Placement Fee” means Fees due by Clients to the Company in respect of permanent employee placements are fully described in Annexure A.

1.20 “Personal Information” means “Personal Information” as defined in POPIA.

1.21 “POPIA” means the Protection of Personal Information Act (Act No. 4 of 2013), as amended.

1.22 “Prime Rate” means the rate publicly quoted by The Standard Bank of South Africa Limited, from time to time, as being its prime rate (expressed as a nominal annual compounded monthly in arrear rate), calculated on a 365 day a year factor, irrespective as to whether or not the year is a leap year and prima facie proven, in the event of there being a dispute in relation thereto, by certificate by any manager of the aforesaid bank (whose appointment, qualification or authority need not be proven).

1.23 “RAG Network” means, in addition to the RAG talent database, recruitment personnel utilised by RAG.

1.24 “RAG Services” means the recruitment placement services provided by RAG to Clients and as prescribed in this Agreement.

1.25 “RAG’s Terms” means the collective terms of service governing the utlisation of RAG’s service offering and collectively found at https://www.recruitagraduate.co.za/terms-and-conditions.

1.26 “RSA” means the Republic of South Africa.

 

2. INTERPRETATION

2.1 This Agreement constitutes the sole memorandum of agreement between the Parties relating to the subject matter hereof (but shall be supplemented by the RAG’s Terms, to the extent applicable) and no variation or addition hereto or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by the Parties.

2.2 Any reference to “days” shall be a reference to calendar days unless defined otherwise and unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day.

2.3 The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s. 
 

3. PREAMBLE

It is recorded that: -

3.1 The Company is an online recruitment company specialising in sourcing and matching skilled candidates to companies offering meaningful standard and non-standard employment, full-time permanent or flexible permanent jobs, fixed-term jobs and independent contractor work.

3.2 The purpose of this Agreement is to provide for the terms and conditions governing the basis on which independent contractors provide services to RAG Clients.

3.3 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, 66 of 1995 (as amended) (“LRA”), 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 LRA, the Basic Conditions of Employment Act, 75 of 1997 (as amended) (“BCEA”) or any other act or regulation that is applicable to issues of employment.
 

4. DURATION

4.1 This Agreement shall be deemed to have commenced on the Effective Date.

4.2 Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.

4.3 Notwithstanding termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are needed to endure after the termination of this Agreement shall continue to do so.
 

5. INTRODUCTION OF CANDIDATES

5.1. The Company has a talent base of hundreds of thousands of skilled, experienced job-seekers throughout South Africa.

5.2. In the case where any Candidate is introduced to the Client through RAG, and the Client hires the Candidate in any capacity within 1 (one) year of referral, the Client will be liable to pay Fees based on the nature of the actual placement (“Recruitment Fee”) being Fixed Term Employment (the Fixed Term Employment Terms will apply) or permanent employment (the Permanent Employment Terms will apply) or Independent Contractor Employment (the Independent Contractor Terms will apply).

5.3. The Client acknowledges and undertakes to contact RAG immediately should the Candidate approach the Client in order to secure placement directly.

5.4. Should the Client fail to inform the Company of the appointment of a Candidate prior to the actual engagement of the Candidate, the Client will automatically be invoiced for Fees based on the nature of engagement.

5.5. The Client agrees that it shall at no time approach any Candidates nor Company Associates directly, with a view to employing them, or with a view to gain any Confidential Information.

5.6. Should any Company staff leave the employ of the Company and be employed by a Client within 1 (one) year of termination of employment with the Company, a full Permanent Placement Fee will be applicable, which placement fee shall be payable within 7 (Seven) working days of his/her appointment by Client. No termination of that appointment or variation of its terms will entitle Client to any repayment of the placement fee.

5.7. Notwithstanding a termination of this Agreement for any reason, this clause will continue to apply for a period of 12 (twelve) months from termination.
 

6. FEES

6.1. All Fees due to RAG shall be paid in full (without deduction or set off) within 7 (seven) days of receipt of invoice (unless otherwise agreed in writing by RAG).

6.2. Interest calculated at the Prime Rate shall be charged, monthly, on all outstanding amounts due to RAG.

6.3. RAG charges a minimum placement fee for permanent and contract placements below a threshold.

6.4. Where international transfer costs are levied on your payment to RAG, these costs will be for your account. In addition, any fees levied by either your bank or RAG’s bank on cash deposits and/or on cheque deposits will likewise be for your account.

6.5. If legal fees incurred by RAG are necessary for the recovery of fees owed by the Client, the Client shall be liable for all associated legal costs, including but not limited to attorney fees, court costs, and any other related expenses, should a court of competent jurisdiction determine such liability. This paragraph is without prejudice to any and all other legal rights that RAG may have against the Client.

6.6 Our fees are reviewed annually. The most up-to-date terms and conditions, including any fee adjustments, will be available on our website.

 

7. INFORMATION PROVIDED TO RAG

7.1. RAG will require Confidential Information from Clients from time to time to provide Clients with the RAG Services and Clients undertake, subject to 7.3, to provide or arrange access to such Confidential Information for RAG as and when RAG determines necessary. This Confidential Information will only be used by RAG for invoicing and other administrative purposes (where such Confidential Information relates to contact details and invoicing information); for the purposes of identifying Candidates for possible selection by Clients and enabling Candidates selected by Clients to provide the Candidate Services; and / or for the purposes of conducting its business, client communication and commercial activities.

7.2. Unless otherwise agreed between Client and RAG and subject to these terms, RAG will treat Confidential Information provided by Client in terms of this clause 7 as confidential 

7.3. The Client warrants that it shall at all times have the necessary authority, permissions and / or licences to provide Confidential Information in terms of 7.1, including but not limited to authority, permissions and / or licences to provide information relating to third parties.

7.4. RAG will use the Confidential Information provided by the Client in terms of 7.1 for the purposes set out therein and retain such Confidential Information in whatever form until such time that you request in writing the destruction or deletion thereof. 

7.5. RAG will use your contact details to provide you with newsletters outlining the services it and its Candidates 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. 

7.6. All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by RAG as a result of the provision by it of the RAG Services will only pass to you upon receipt by RAG of payment of all fees and disbursements which may be owed or owing, in full, without set-off or derogation, in accordance with this Agreement.

7.7. You accept that Confidential Information that RAG collects about Clients may be:

7.7.1. stored and processed in and transferred between any of the countries in which it operates in order to enable it to process such Confidential Information in accordance with this Agreement; and

7.7.2. transferred to or between various countries internationally as a consequence of RAG using information technology hosted or operated by a third party in or from such countries to store and/or process any Confidential 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. RAG 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.

7.8. This clause 7 will survive the termination or cancellation of this Agreement for any reason whatsoever.
 

8. REFERENCE & VERIFICATION CHECKING

8.1. RAG will complete a minimum of two employment reference checks before Client interview stage, where possible. If this condition is not met, the Client will be informed that the checks are outstanding.

8.2. Verification checks, if authorised by the Candidate, will be done on the Client's request. Biometrics criminal checks and ID checks are included in the fee, and others may be charged for separately. It is customary for verification checking to be undertaken only at the stage when, subject to satisfactory reference and verification checking, the Candidate will receive an offer of employment.
 

9. WORKING HOURS

The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of the BCEA.
 

10. INDEMNITY AND LIMITATION OF LIABILITY

10.1. Notwithstanding anything to the contrary which may be contained in this Agreement, RAG shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of, or which may arise from or be attributable to:

10.1.1. Candidate Services;

10.1.2. any act or omission on the part of a Candidate;

10.1.3. any breach, fault or negligence on the part a Candidate;

10.1.4. the provision by RAG of incorrect or inaccurate information regarding a Candidate, where such information was incorrect or inaccurate at the time of provision to RAG by the Candidate, subject to RAG having conducted the necessary fact checking which would be required by industry standards; 

10.1.5. any failure by RAG to disclose information about a Candidate, as a result of the Candidate’s non-disclosure of such information to RAG, subject to RAG having conducted the necessary fact checking which would be required by industry standards; 

10.1.6. any error or inaccuracy in, or omission from any reference check obtained by RAG, where such error, inaccuracy or omission was made by the referee; and/or

10.1.7. any recommendations made in good faith by RAG or Company Associate.

10.2. Clients hereby hold RAG harmless in respect of any claims brought against it or any Company Associate, by a third party for loss, damage, liability, costs and / or expenses of whatsoever nature incurred as a consequence of or arising from or attributable to the services or otherwise in the implementation of this Agreement.

10.3. If, notwithstanding 10.1 and 10.2, a court of competent jurisdiction finds that RAG or Company Associate is liable for any claim specified herein, such liability will be limited to the amount of RAG Fees paid by a Client to RAG for those RAG Services in respect of which the liability arose.
 

11. BREACH

Should either Party commit a breach of any provision of this Agreement and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the other Party requiring it to do so, then the Party aggrieved by such breach will be entitled, without prejudice to its other rights at law, or in terms of 12 below, to claim specific performance and / or damages.

 

12. TERMINATION

12.1. Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.

12.2. Notwithstanding a termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are needed to endure after the termination of this Agreement; shall continue to do so.
 

13. DISPUTES

13.1. 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

13.2. 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. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).

13.3. Such arbitration shall be held at Cape Town (or with written agreement from RAG via video conference) 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. Parties will agree on an Arbitrator, failing which AFSA will appoint one.

13.4. 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.

13.5. 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.

13.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

13.7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.

13.8. 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

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. GENERAL

15.1. Each Party warrants that this Agreement has been duly authorised by it and has been entered into by a duly authorised representative and that all consents, licenses, permits and authorisations 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. 

15.2. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.

15.3. 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. 

15.4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written notice to the other Party.

15.5. Termination of this Agreement for any cause will not release either Party from any liability which at the time of termination has already accrued to the other Party or which thereafter may accrue in respect of any act or omission prior to such termination.

15.6. Subject to clause 1.9, the Parties agree that this Agreement will be electronically accepted as binding on the Parties when a Client a) checks the “I agree to the Terms and Conditions of www.recruitagraduate.co.za” box, during the job specification loading process on the RAG website found at: https://www.recruitagraduate.co.za/terms-and-conditions or b) signing via e-signature software used by RAG. RAG will keep an electronic record of a Client having checked the box in question or e-signed the document, and both Parties agree that such record shall be the same as your handwritten signature for the purposes of validity, enforceability and admissibility.

Annexure A - Permanent Employee Terms

Annexure B -  Fixed Term Employee Terms

Annexure C - Independent Contractor Terms

 

1. DEFINITIONS

1.1 “Agreement” means this agreement and any annexures and schedules hereto.

1.2 "Business Day" means any day other than a Saturday, Sunday, or statutory public holiday in the RSA.

1.3 “Candidate” refers to any job-seeking person selected and introduced to the Client by the Company.

1.4 “Candidate Services” shall mean those services requested by the Client and agreed to by a Candidate.

1.5 “Confidential Information” means confidential information and shall embrace all data, documentation, specifications, proposals, trade secrets, know-how, accounts, financial statements, circumstances or events, transactions, computer-readable data (including, but not limited to any software programme, financial information, analyses, compilations, studies, interpretations, databases, manuals, practices, procedures, internal systems and controls used, investment strategies), methods of payment, fee structures, working practicesA or any company information whatsoever, Personal Information, and all information in whatsoever form, tangible or intangible, pertaining to the Company, Client, Candidates and/or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

1.6 “Client” refers to the person, job provider, or company to whom the Company recruits permanent, temporary, contract, or freelance staff.

1.7 “Company” refers to RecruitAGraduate (Proprietary) Limited (Registration Number: 2018/591350/07), a recruitment agency performing recruitment placement services, also herein referred to as RAG.

1.8 “Company Associate” means employees, officers, or agents of the Company.

1.9 “Effective Date” means the date of this Agreement (being the date on which a Candidate agrees to be bound to the Company’s terms and conditions as evidenced by a Candidate accepting RAG’s Terms in accordance with clause 16.8) or the date on which a Candidate begins to perform any of the Candidate Services to a Client, whichever comes first.

1.10 “Fee” means the fee payable to the Independent Contractor from time to time in accordance with the provisions of this Agreement, as recorded in the Services Schedule.

1.11 “Independent Contractor Terms” means the terms applicable to Candidates who are engaged by RAG to deliver services to a Client in an Independent Contracting capacity.

1.12 “Independent Contractors” means any freelancer, independent consultant, or virtual assistant contractor contracted via RAG to perform work for a client.

1.13 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law.

1.14 “Parties” means the Company and the Independent Contractor, and “Party” shall mean either one of them as indicated by the context.

1.15 “Personal Information” means “Personal Information” as defined in POPIA.

1.16 “POPIA” means the Protection of Personal Information Act (Act No. 4 of 2013), as amended.

1.17 “Prime Rate” means the rate publicly quoted by The Standard Bank of South Africa Limited, from time to time, as being its prime rate (expressed as a nominal annual compounded monthly in arrear rate), calculated on a 365 day a year factor, irrespective as to whether or not the year is a leap year and prima facie proven, in the event of there being a dispute in relation thereto, by certificate by any manager of the aforesaid bank (whose appointment, qualification or authority need not be proven).

1.18 “RAG Network” means, in addition to the RAG talent database, recruitment personnel utilised by RAG.

1.19 “RAG Services” means the recruitment placement services provided by RAG to Clients and Independent Contractors and as prescribed in this Agreement.

1.20 “RAG’s Terms” means the collective terms of service governing the utlisation of RAG’s service offering and collectively found at https://www.recruitagraduate.co.za/terms-and-conditions.

1.21 “RSA” means the Republic of South Africa.
 

2. INTERPRETATION

2.1 This Agreement constitutes the sole memorandum of agreement between the Parties relating to the subject matter hereof (but shall be supplemented by the RAG’s Terms, to the extent applicable) and no variation or addition hereto or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by the Parties.

2.2 Any reference to “days” shall be a reference to calendar days unless defined otherwise and unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day.

2.3 The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s. 
 

3. PREAMBLE

It is recorded that: -

3.1 The Company is an online recruitment company specialising in sourcing and matching skilled candidates to companies offering meaningful standard and non-standard employment, full-time permanent or flexible permanent jobs, fixed-term jobs and independent contractor work.

3.2 The purpose of this Agreement is to provide for the terms and conditions governing the basis on which independent contractors provide services to RAG Clients.

3.3 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, 66 of 1995 (as amended) (“LRA”), 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 LRA, the Basic Conditions of Employment Act, 75 of 1997 (as amended) (“BCEA”) or any other act or regulation that is applicable to issues of employment.
 

4. DURATION

4.1 This Agreement shall be deemed to have commenced on the Effective Date.

4.2 Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.

4.3 Notwithstanding termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are needed to endure after the termination of this Agreement shall continue to do so.

 

5. TERMS AND CONDITIONS AS BETWEEN RECRUITAGRADUATE (PTY) LIMITED AND ITS INDEPENDENT CONTRACTORS  

A It is recorded that you have applied to be appointed as an Independent Contractor for RecruitAGraduate (Proprietary) Limited (Registration Number: 2018/591350/07) (“RAG”), on the terms and conditions set out in this agreement (this “Independent Contractor Agreement”).

B This Independent Contractor Agreement is effective from the date on which you agree to be bound to RAG’s terms, found on the RAG website (“RAG’s Website”) using the following link: https://www.recruitagraduate.co.za/terms-and-conditions (collectively “RAG’s Terms”) as evidenced by you accepting RAG’s Terms in accordance with clause 16.8) (“Effective Date”).

6. RAG OBLIGATIONS  

6.1 RAG shall -
6.1.1 contact you should it source work that is suited to your level of skill and experience in order to invite you to apply for such work, should RAG, within its sole discretion, deem it appropriate to do so;
6.1.2 determine the hourly or fixed rate (as the case may be) that RAG will charge to Clients. 
6.1.3  in accordance with clause 7.1.21, invoice the Client from the 21st of each month, unless mutually agreed otherwise, in respect of your time and disbursements;
6.1.4 take reasonable steps to obtain payment from Client of RAG’s invoice for fees (due within 7 (seven) days of receipt of invoice by a Client from RAG (as per RAG’s Terms)) for a period of 90 (ninety) days from date of receipt of invoice; 
6.1.5 pay to you all due amounts for work concluded on the last day of the month in which RAG receives them; or, if received between the 1st and 7th day of the following month, on the 15th day of the month following receipt;
6.1.6 only process “Personal Information” (as defined in clause 10) provided by you in a manner which is adequate, relevant and not excessive, taking into account the purpose for which it was collected, and for which it is processed;
6.1.7 correct or delete, upon receipt of a written notice from you in terms of Clause 10.6, any Personal Information about you that you identify as being inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted; and
6.1.8 not provide Personal Information to third parties except as otherwise provided for in this Independent Contractor Agreement (or pursuant to RAG’s Terms).

6.2 For the avoidance of doubt, your successful registration as a job-seeker on RAG’s Website shall not, in and of itself, oblige RAG to source work that is suited to your level of skill and experience, nor to invite you to apply for such work.

6.3 RAG does not run credit history checks on its Clients and does not warrant or guarantee that its Clients are able to, or will, pay for services rendered when payment is due, or at all.

7. INDEPENDENT CONTRACTOR OBLIGATIONS

7.1 You shall:

7.1.1 carry out all work for Clients in accordance with the provisions of RAG’s Terms;
7.1.2 conduct yourself with honesty and integrity, and at all times in a manner that is appropriate for an Independent Contractor of your experience;
7.1.3 refrain from any conduct that might bring the name of RAG into disrepute;
7.1.4 warrant that you are capable of performing the required services and otherwise possess the necessary knowledge, skills and expertise required;
7.1.5 ensure you have up to date equipment to perform the required services, load-shedding contingency plans to perform the required service;
7.1.6 ensure that you are, and remain, up to date with all relevant changes in the field/s in which you work/practice;

7.1.7 comply with all legislation, regulations, and professional codes and rules that are relevant to you and the work for which you are engaged;
7.1.8 be responsible for your own business and tax affairs;
7.1.9 declare to RAG if the majority (80%) of your income comes via RAG Clients you are contracted with;
7.1.10 not (unless otherwise specified) be entitled or eligible to participate in any benefits or privileges provided by RAG Clients to their employees;
7.1.11 not negotiate the remuneration rate directly with RAG’s Client nor discuss the rate agreed between you and RAG to the Client. RAG will present the rate inclusive of the RAG service fee to the Client;
7.1.12 keep accurate records of time spent working for, and disbursements incurred on behalf of, Clients;
provide RAG with an invoice (in a form acceptable to RAG) of services rendered and complete, if required by Client, the RAG online time tracking sheet of such services and associated costs 7.1.13 by no later than the 20th of each month;
7.1.14 notify RAG immediately, in writing, of the termination or cancellation of any relationship between you and a Client as soon as you become aware thereof;
7.1.15 notify RAG immediately of your inability to perform in terms of any agreement between you and a Client as soon as you become aware thereof;
7.1.16 when dealing with a Client, refer work or services where possible to RAG;
7.1.17 when receiving a referral to a prospective Client from a Client, inform RAG of such referral so that it may engage with such prospective Client to conclude RAG’s Terms with such 7.1.18 prospective Client and load the required details onto RAG’s administrative systems;
7.1.18 not undertake, nor procure, any services with the Client other than in accordance with the RAG’s Terms, and inform RAG timeously of the provision, or intention to procure, further services with the Client. For the avoidance of doubt:

7.1.18.1 the performance of such further work or services shall be governed by the RAG’s Terms, irrespective of whether or not you have complied with your obligation to inform RAG thereof; and
7.1.18.2 this clause shall survive the termination or cancellation of this Consulting Agreement and shall apply for 12 (twelve) months after such termination or cancellation;

7.1.19 if you breach your obligation to inform RAG of the provision of work or services by you to one of its Clients as stipulated in 7.1.18, and as a result, RAG does not receive the service fees due to it, be liable to pay to RAG the sum of R20,000.00 (twenty thousand Rand) as damages. In the case of such a breach, RAG may elect to claim either the sum of damages incurred or the sum of R20,000.00 (twenty thousand Rand) from you;
7.1.20 7.1.18 and 7.1.19 will not apply in circumstances where the Client was introduced to RAG by you, provided that you notify RAG of your intention to do work for such Client after having left RAG;
7.1.21 appoint RAG as your agent to:
7.1.21.1 invoice the Client on your behalf for fees earned and disbursements incurred by you; and
7.1.21.2 take reasonable steps to obtain payment of any invoices for your fees within the first 90 (ninety) days following date of receipt by a Client of any invoices; whereafter, unless otherwise agreed, RAG shall cease to act as your agent in this regard and you are free to pursue the recovery of your own fees;
7.1.22 not use any trademark, name or device of RAG for any unauthorised purpose;
7.1.23 not, without the prior written consent of RAG and the facilitation of its appointed media representative, communicate with the media:
7.1.23.1 in relation to your association with RAG, any matter in which you have worked as an Independent Contractor or any matter arising directly or indirectly as a result of public relations endeavours undertaken by RAG; or
7.1.23.2 under the RAG brand. 
7.1.24 You acknowledge that you are not an employee of RAG, and are not entitled to any rights and/or benefits bestowed upon employees in terms of any South African labour law.

7.2 If you are approached with an offer of engagement or professional instruction from a third party that you believe could give rise to a conflict of interest (whether perceived or real) between you and RAG, or between you and a Client, or because the business of the said third party is similar to or competes with RAG or a Client, you are required to notify RAG for the purpose of allowing it to consult with you to determine whether the said engagement or instruction could give rise to any such conflict, and if so, how best to proceed.

8. CLIENT RESOURCES     

8.1 The Independent Contractor acknowledges that Client resources, including servers, computers, workstations, monitors, printers, telefax machines, telephones, postal services, e-mail facilities and internet facilities are for conducting Client business.
8.2 The Independent Contractor will have no expectation of privacy in relation to the use of the resources provided by Client.
8.3 The Independent Contractor understands and accepts that Client may, at Client's discretion, monitor their use of the resources and intercept, acquire, read, view, inspect, record and/or review any and all communications created, stored, transmitted, spoken, sent, received or communicated by the Independent Contractor on, over or in the resources or otherwise. The Independent Contractor hereby expressly consents to Client doing so.

9. CONFIDENTIALITY     

9.1 For the purposes this clause 9, any reference to “Confidential Information” shall mean:
9.1.1 all information owned exclusively by RAG relating to its business and which is disclosed to you in furtherance of any engagement with you in accordance with the RAG’s Terms; and
9.1.2 all information owned exclusively by a Client relating to that Client’s business and which is disclosed to you by the Client in furtherance of any engagement with you in accordance with RAG’s Terms, as the case may be, and shall include, without limitation, information relating to the contact information of Clients, instructions received from Clients or the like, it's business strategy, operations and performance, technical know-how and data, methods, databases, supplier information, technology infrastructure, processes and procedures, and finances.
9.2 You acknowledge that, in the course of your relationship with RAG, you may become privy to Confidential Information. In this regard, you will treat all Confidential Information as strictly secret and confidential, even after the termination of this Consulting Agreement, and, if requested by RAG or any Client, at any time, return to RAG or any Client and/or delete or destroy any Confidential Information contemplated by this clause.
9.3 You are expected to use devices (including PC’s, laptops, tablets and smartphones) of your choosing to carry out work for Clients. You are solely responsible for all costs associated with your device(s). RAG shall not be liable for any damage to your device(s) or loss of any personal or other data from your device(s).

10. INFORMATION PROVIDED TO RAG      

10.1 For the purposes of 6.1.6 to 6.1.8 above and this clause 10:
10.1.1 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law; and
10.1.2 “Personal Information” shall mean personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013 (as amended) (“POPIA”); and “Processing” shall mean processing as defined in POPIA), and “Process” shall have a corresponding meaning.
10.2 You acknowledge that RAG requires you to provide Personal Information relating to you and, in respect of 10.2.1 below only, Personal Information relating to third parties from time to time in order to:
10.2.1 assess and verify your suitability as an Independent Contractor (including, for example, your curriculum vitae, details of your tertiary qualifications, professional background, details relating to your referee(s) and any criminal record that you may have);
10.2.2 give effect to this Independent Contractor Agreement (including, for example, your full name, identification/passport number, tax number, telephone and mobile numbers, email addresses, postal and residential addresses, banking details, your preferred working conditions and details of the competency areas in which you intend to work);
10.2.3 promote you as an Independent Contractor as and when determined by RAG;
10.2.4 promote the business of RAG during the currency of this Consulting Agreement; and
10.2.5 give effect to RAG’s Terms.
10.3 You acknowledge that the Personal Information contemplated by 10.2 above is reasonably required by RAG to give effect to the purposes set out in 10.2, and you undertake to provide RAG with any further Personal Information where such Personal Information is reasonably required by RAG to give effect to the purposes set out in 10.2.
10.4 You voluntarily consent to RAG Processing the Personal Information that is provided to it pursuant to this Consulting Agreement in order to give effect to the purposes set out in 10.2 and warrant that RAG shall be entitled to process such Personal Information without seeking any further permissions or consents from you and/or any relevant third parties.
10.5 You accept that all Personal Information referred to in 10.2 includes but is not limited to Personal Information submitted by you via RAG’s Website upon application to be appointed as an Independent Contractor, and any information provided to RAG by you in any other form from time to time.
10.6 You undertake to notify RAG in writing of any Personal Information provided by you that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“Defective Information”) so that such Defective Information may be corrected or deleted accordingly, and you accept that RAG cannot be held responsible for the consequences of processing Defective Information where it is not aware of the nature and extent of the defects in such Defective Information.
10.7 You accept that RAG may disclose Personal Information about you to any of its employees, consultants, Clients, prospective Clients, officers, agents, suppliers, service providers or subcontractors insofar as this is reasonably necessary for the purposes set out in 10.2 above.
10.8 You accept that RAG may retain and/or disclose Personal Information about you that is in its possession or under its control:
10.8.1 to the extent that it is required or permitted to do so by Law;
10.8.2 in connection with any legal proceedings or prospective legal proceedings;
10.8.3 in order to establish, exercise or defend RAG’s or your legal rights (including but not limited to providing information to others for the purposes of fraud prevention and reducing credit risk);
10.8.4 to protect the rights, property or personal safety of another Independent Contractor, any member of the public or any shareholder, director, employee, agent or representative of RAG itself;
10.8.5 in the course of its business and commercial activities; and
10.8.6 to provide you with job notifications and newsletters outlining general new jobs and any developments that may be of interest, until such time as you advise RAG otherwise in writing or unsubscribe from its mailing list.
10.9 You accept that Personal Information that RAG collects about you may be:
10.9.1 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 the RAG’s Terms; and
10.9.2 transferred to or between various countries internationally as a consequence of RAG using information technology hosted or operated by third parties 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 Republic of South Africa.
10.10 You accept that:
10.10.1 Personal Information that you submit for publication on RAG’s Website or in any online or print media, whether by way of a testimonial or an article, will or may be published on the internet (as the case may be) and may be available, via the internet, around the world; and
10.10.2 RAG cannot prevent the use or misuse of such information by others.

11. LIMITATION OF LIABILITY

11.1 Notwithstanding anything to the contrary which may be contained in this Independent Contractor Agreement, RAG shall not be liable for any direct or indirect (including consequential) loss, damage, costs and/or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on its part.
11.2 You hereby indemnify RAG and hold it harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which RAG may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and/or expenses of any nature whatsoever suffered or incurred by RAG as a result of any claims brought against the Client, RAG or yourself by any third party. Your liability under this indemnification shall be in addition to your liability to RAG on account of any breach of contract or in delict.

12. BREACH

Should either Party commit a breach of any provision of this Independent Contractor Agreement and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the other Party requiring it to do so, then the Party aggrieved by such breach will be entitled, without prejudice to its other rights at law, or in terms of 14 below, to claim specific performance and/or damages.

 

13. TERMINATION

The Client or Independent Contractor may, in its sole discretion, terminate the services, on no less than 24 hours (twenty-four) written notice to RAG and the other party unless otherwise agreed in writing.

14. DISPUTE RESOLUTION

14.1 The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Independent Contractor Agreement through good faith negotiations. RAG shall nominate a senior representative of its management to meet with you (the Independent Contractor) 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 the remaining provisions of this clause 14.
14.2 In the event of any dispute failing to be resolved through negotiation as per clause 14.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).
14.3 Such arbitration shall be held at Cape Town (or with written agreement from RAG via video conference) 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. Parties will agree on an Arbitrator, failing which AFSA will appoint one.
14.4 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.
14.5 The arbitrator shall decide the matter submitted to him/her 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.
14.6 The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.
14.7 The foregoing arbitration provisions shall continue to be binding on the Parties notwithstanding any termination or cancellation of this Independent Contractor Agreement.
14.8 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 Independent Contractor Agreement.

15. GOVERNING LAW AND JURISDICTION

Regardless of the place of execution, performance or domicile of the Parties, this Independent Contractor 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.

16. GENERAL

16.1 Each Party warrants that this Independent Contractor Agreement has been duly authorised by it and has been entered into by a duly authorised representative and that all consents, licenses, permits and authorisations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Independent Contractor Agreement and to perform all its obligations hereunder.
16.2 The rule of construction that this Independent Contractor Agreement shall be interpreted against the Party responsible for the drafting of this Independent Contractor Agreement, shall not apply.
16.3 You may not subcontract or assign the obligations under these terms to any third party without the prior consent of RAG.
16.4 This Independent Contractor 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 Independent Contractor Agreement shall be binding upon the Parties. No variation, abandonment or waiver of rights or obligations under this Independent Contractor Agreement or consensual cancellation of the Independent Contractor Agreement, shall be binding unless it is in writing and signed by the Parties.
16.5 If any provision of this Independent Contractor Agreement, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
16.6 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 Independent Contractor Agreement.
16.7 Termination of this Independent Contractor Agreement for any cause will not release either Party from any liability which at the time of termination has already accrued to the other Party, whether in accordance with this Independent Contractor Agreement or RAG’s Terms or which thereafter may accrue in respect of any act or omission prior to such termination.
16.8 The Parties agree that the Independent Contractor Agreement will be electronically accepted as binding on the Parties when you check the “I agree to the Terms and Conditions of www.recruitagraduate.co.za” box, during the registration process on RAG’s Website. RAG will keep an electronic record of you having checked the box in question, and both you and RAG agree that such record shall be the same as your handwritten signature for the purposes of validity, enforceability and admissibility.

10.9 The Parties agree that the Consultant Agreement will be electronically accepted as binding on the Parties when you check the “I agree to the Terms and Conditions of www.recruitagraduate.co.za” box, during the registration process on RAG’s Website. RAG will keep an electronic record of you having checked the box in question, and both you and RAG agree that such record shall be the same as your handwritten signature for the purposes of validity, enforceability and admissibility.

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