Terms and Conditions

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

  1. Definitions

    1. “Ancillary Terms” means all additional terms and conditions applicable to the Website and Services and includes:

      1. Privacy Policy

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

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

    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.

    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.

    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. 

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

    8.  “RAG” means RecruitAGraduate, a division of RecruitMyMom (Proprietary) Limited (registration number: 2012/088360/07), a private company duly incorporated in accordance with the laws of the RSA.

    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.

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

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

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

    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.

    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.

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

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

  2. General 

    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. 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.

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

    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

    1. The Website is intended for:

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

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

    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. Users are prohibited from, 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 authorisation;

      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";

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

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

      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;

      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.

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

      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;

      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);

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

      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

    1. Documents shall not contain: 

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

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

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

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

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

      1. impersonate another person, living or dead; 

      2. post false, inaccurate or misleading information; 

      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. post opinions or notices, commercial or otherwise.

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

    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

    1. 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

    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. 

    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

    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:

      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; 

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

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

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

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

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

    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. 

    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

    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.

    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

    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.

    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).

    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.

    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/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.

    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 these Terms.

    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

    1. 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

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.

 

2. Summary table of RECRUITAGRADUATE fees & services

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

    Permanent appointments

    12% Placement Fee 

    Fixed Duration Contracts

    15% Depends on the length of the contract

    Independent Contracting  Fees depend on  skill and duration of the project
    CV  service  Available for more than 5 hires 
    Retainer Available to companies seeking regular graduates

     

    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

    3.Employer Terms Of Service: RecruitMyMom (Pty) Ltd

    1. DEFINITIONS

      1. RSA” means the Republic of South Africa.

      2. 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.

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

      4. RAG Network” means, in addition to the RAG database, recruitment personnel utilised by RAG.

      5. 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).

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

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

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

      9. 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.

      10. Consultants” means any freelancer, independent contractor or independent consultant who is contracted via RAG to perform work for a client.

      11. Independent Consultant 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.

      12. 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 age.

      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

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

      15. 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.

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

      17. 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.

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

      19. Company” refers to RecruitAGraduate, a division of RecruitMyMom (Proprietary) Limited (Registration Number: 2012/088360/07), a recruitment agency performing recruitment placement services, also herein referred to as RAG.

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

      21. 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, Candidates and/or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

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

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

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

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

    2. INTERPRETATION
      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. 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. 
      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: -

    1. The Company is an online recruitment agency that specializes in sourcing and matching skilled candidates to companies that offer meaningful standard and non-standard employment, being full-time permanent or part-time permanent jobs, fixed-term jobs and independent contracting work.
    2. The purpose of this Agreement is to provide for the terms and conditions governing the basis on which Candidates are matched with a Client for permanent, fixed term, and Independent Contracting 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, 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
      1. This Agreement shall be deemed to have commenced on the Effective Date and shall terminate in accordance with clause 12.
         
    5. INTRODUCTION OF CANDIDATES
      1. The Company has a membership network of thousands of skilled, experienced candidates throughout South Africa.

      2. In the case where any Candidate is introduced to the Client through the RAG Network, 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 Consulting Employment (the Independent Consulting Terms will apply).
      3. The Client acknowledges and undertakes to contact RAG immediately should the Candidate approach the Client in order to secure placement directly.
      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. 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.
      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.
      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
      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) but no later than 30 (thirty) days of receipt of invoice. 
      2. Interest calculated at the Prime Rate shall be charged, monthly, on all outstanding amounts due to RAG.
      3. 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.
      4. In the event that RAG needs to recover this amount from the Client, the Client 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 RAG may have against the Client.
         
    7. INFORMATION PROVIDED TO RAG
      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 and commercial activities.
      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 
      3. You warrant that you will 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.
      4. RAG will use the Confidential Information provided by you 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. 
      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. 
      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. You accept that Confidential Information that RAG collects about Clients 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 Confidential Information in accordance with this Agreement; and
        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.
      8. This clause 7 will survive the termination or cancellation of this Agreement for any reason whatsoever.
         
    8. REFERENCE CHECKING
      1. In order to safeguard the confidentiality of Candidates, extensive background reference enquiries are not, as a general rule, made at interview stage, unless Candidates have specifically authorized the Company 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 authorised by the 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. Some checks may be included in the fee and others charged for separately.
         
    9. WORKING HOURS
      1. 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
      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:
        1. Candidate Services;
        2. any act or omission on the part of a Candidate;
        3. any breach, fault or negligence on the part a Candidate;
        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;
        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;
        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
        7. any recommendations made in good faith by RAG or Company Associate.
      2. Clients hereby indemnify RAG and hold it 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.
      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 actually paid by a Client to RAG for those RAG Services in respect of which the liability arose.
         
    11. BREACH
      1. 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
      1. Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.
      2. Notwithstanding a termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are deeded to endure after the termination of this Agreement; shall continue to do so.
         
    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 13.2
      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. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).
      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.
      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. GENERAL
      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. 
      2. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.
      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. 
      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. 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.
      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.

    3.1 Annexure A - Permanent Employee Terms

    1. PERMANENT PLACEMENT FEES

      1. The permanent placement fee (“Permanent Placement Fee”) is calculated as 12% (twelve percent) of the Candidate’s total cost to company of the Client for a year (including bonus payments and ancillary monetary benefits) (“Employee Remuneration”) (exclusive of VAT for South African entities). 

      2. The Client undertakes to deliver to RAG, prior to the commencement date of the employee’s employment (“Employee Commencement Date”), the signed letter of appointment or employment contract, evidencing the Employee Remuneration.

    2. THREE MONTH WARRANTY FOR PERMANENT PLACEMENTS

      1. Should a permanent employment agreement be lawfully terminated by a Client or Candidate within 3 (three) months of the Employee Commencement Date, RAG must be given the opportunity to replace the candidate with another candidate (“Replacement Candidate”) and no additional Permanent Placement Fee will be charged for the Replacement Candidate.  

      2. RAG’s Replacement Candidate obligation is subject to the following:

        1. The Client has complied with clause 1.2;

        2. All Fees due by the Client to RAG in respect of the original Candidate have been paid in full;

        3. There is no difference between the remuneration and skill requirements of Candidates. Should there be a difference in remuneration, the difference will be worked into a Recruitment Fee reconciliation and the Client will be invoiced accordingly;

        4. A copy of the signed letter of appointment or employment contract of the Replacement Candidate is received by the Company from the Client prior to the Replacement Candidate start date; 

        5. The role was not made redundant; and

        6. RAG’s Replacement Candidate obligation shall only apply to one Candidate replacement. 

    3. Should a suitable Replacement Candidate not be found within 30 (thirty) days from the date of receipt by RAG of a written request to replace the successful Candidate from the Client, and the conditions as contained in clause 2.2 above have been fulfilled, the Client shall be entitled to the following refund:

      1. A cash refund equating to 80% (eighty percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated within the first 30 (thirty) days of the Employee Commencement Date; 

      2. A cash refund equating to 60% (sixty percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated between 30 (thirty) and 60 (sixty) days of the Employee Commencement Date; and

      3. A cash refund equating to 40% (forty percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated between 60 (sixty) and 90 (ninety) days of the Employee Commencement Date.

    3.2. Annexure B -  Fixed Term Employee Terms

     

    1. FIXED TERM PLACEMENT FEES

      1. The fixed term placement fee (“Fixed Term Placement Fee”) is calculated as 15% (fifteen percent) of the Candidate’s total cost to company of the Client for the fixed term period (“Fixed Term Period”) (including bonus payments and ancillary monetary benefits) (“Employee Remuneration”) (exclusive of VAT for South African entities).

      2. The Client undertakes to deliver to RAG, prior to the commencement date of the employee’s employment (“Employee Commencement Date”), the signed letter of appointment or employment contract (“Fixed Term Agreement”), evidencing the Employee Remuneration.

      3. Should the Fixed Term Period change, the Fixed Term Placement Fee will be adjusted accordingly with any -

        1. reduction of the Fixed Term Period resulting in a proportional refund to the Client of any Fixed Term Placement Fee already paid; or

        2. increase of the Fixed Term Period resulting in RAG invoicing the Client for any proportional increase in the Fixed Term Placement Fee, relative to the increased Fixed Term Period.

      4. Should a fixed term employment agreement be lawfully terminated by Client or Candidate, RAG shall be given the opportunity to replace the candidate with another candidate (“Replacement Candidate”) for the remainder of the fixed term, and no additional placement fee will be charged for the Replacement Candidate. 
         
      5. RAG’s Replacement Candidate obligation is subject to the following:
        1. The Client has complied with clause 1.2.
        2. All Fees due by the Client to RAG in respect of the original Candidate have been paid in full;
        3. There is no difference between the remuneration and skill requirement of Candidates. Should there be a difference in remuneration, the difference will be worked into a Recruitment Fee reconciliation and the Client will be invoiced accordingly;
        4. A copy of the signed letter of appointment or employment contract of the Replacement Candidate is received by the Company from the Client prior to the Replacement Candidate start date; and
        5. RAG’s replacement obligation shall only apply to one Candidate replacement. 
           
      6. Should a suitable Replacement Candidate not be found within 30 (thirty) days, from the date of receipt by RAG of a written request to replace the successful Candidate from the Client, and the conditions as contained in clause 1.5 above have been fulfilled, then the balance of the Fixed Term Placement Fee as applicable to the remaining portion of the Fixed Term Period shall be refunded to the Client. 
      7. Should the Client, its subsidiary or associated companies, or any person, organization or company to whom the Client subsequently introduces the Candidate, wish to employ the Candidate on a permanent basis, either at the conclusion of the Fixed Term Agreement or for 12 (twelve) months from the conclusion of the Fixed Term Period, the Client, its subsidiary or associated companies, or any person, organization or company to whom the Client subsequently introduced the Candidate will be charged a placement fee in accordance with Annexure A – Permanent Employee Terms.

    3.3 Annexure C - Independent Consultant Terms

     

    It is recorded that you, the Client, have approached RAG to procure Independent Consultants (“Consultants”) for the provision of services to you.  Your relationship with RAG, including, without limitation, the procurement of all / any Consultants by RAG for you or any person associated to you will be solely governed by the terms and conditions set out in the RAG Terms of Service (the “Agreement”) including the Independent Consultant Terms set out below.

     

    1. SERVICES

      1. RAG will, upon your request from time to time, put forward one or more suitable Consultants to perform business, related or otherwise agreed services (the “services”), and, upon your selection, will introduce them to you.

      2. The Consultants will provide the services to Client, as independent contractors. 

     

    1. SERVICE FEE

      1. You will pay to RAG a service fee (the “Fee”) for the agreed services (the “Services”) delivered by the Consultants. Fees quoted by RAG will be in Rand (or Dollar/Sterling when requested) and include the Consultants and RAG fee, but exclusive of VAT. 

      2. RAG will charge a service fee (the “Fee”), comprised either of an hourly/daily/weekly/monthly rate, multiplied by the number of hours/days/weeks/months spent by the Consultants on the work or a fixed project or secondment fee agreed with you (as the case may be). The rate may be renegotiated on each anniversary of the date upon which the Consultant first provided services to you, or earlier if so agreed with you.

     

    1. INVOICING PROCEDURE

      1. RAG will invoice you from the 21st of each month, or part thereof (as the case may be), in which its Consultants have provided services, RAG will invoice you in respect of the following:

        1. The RAG service fee (the “Fee”) for the agreed services delivered by RAG, the Consultants and the reimbursement of disbursement costs as set out in, and calculated in terms of, the Independent Consultant Terms  (which amounts RAG will invoice and collect for and on behalf of the relevant Consultant; and

        2. any VAT chargeable thereon.

     

    1. EXCLUSIVITY

      1. Neither you nor any of your affiliates will use the Consultant for the provision of any further work or services without furnishing RAG with advance notification thereof.

      2. Any further work or services undertaken by the Consultant for you will be governed by this Agreement. In the event of a conflict between the two, the Independent Consultant Terms will take precedence to the extent of the conflict only.

     

    1. PLACEMENT FEE: CONSULTANTS

      1. Should you appoint a Consultant as an employee or to a like position within your organisation, or within an affiliate, or within that of any person associated to you, you will be liable to pay RAG a placement fee reckoned at 15% (fifteen per cent) of the consultant’s gross annual remuneration as at the date of such appointment, which placement fee shall be payable within 7 (seven) working days of his/her appointment by you. No termination of that appointment or variation of its terms will entitle you to any repayment of the placement fee.

      2. This clause will survive the termination of this agreement and will apply for 12 (twelve) months after its termination.

     

    CLIENT CONSULTANT ENGAGEMENT TERMS 

    1. RELATIONSHIP BETWEEN THE PARTIES

      1. No employment relationship will come into existence between Client and the Consultant, and they will act as independent contractors to Client. The Basic Conditions of Employment Act No. 75 of 1997 (“the BCEA”), the Labour Relations Act No. 66 of 1995, as amended (“the LRA”) and all other Acts of Parliament and / or Regulations that regulate the relationship between employers and their employees, will not be applicable to and will have no bearing upon the relationship between Client or the consequences thereof.

      2. The Consultants will be responsible for their own income tax and other related taxes with respect to all compensation payable in terms of the Independent Consultant Terms and they will not be entitled, or eligible to participate in any benefits or privileges provided by Client to Client’s employees.

    2. CONSULTANTS OBLIGATIONS

    The Consultants will while performing the services:

    1. adhere to the reasonable instructions as given by Client from time to time;
    2. maintain the necessary skills and experience to perform the services, save where they advise Client that other specialised services and / or advice are required;

    3. work at Client’s premises or at other locations as agreed with you and as necessary;

    4. adhere to the strictest confidentiality with regards to all aspects of the services;

    5. maintain professional standards of conduct in relation to the services;

    6. be solely liable and responsible (to the exclusion of RAG) for:

      1. the proper performance of the services; and

      2. the administration of their own business affairs.

    7. For the duration of these terms keep accurate records of the services rendered, including time spent and disbursements incurred in doing so.

     

    1. CLIENT OBLIGATIONS

    Client will:

    1. provide the Consultants with clear and reasonable instructions in relation to the services;

    2. provide the Consultants with all information and documents reasonably required by them to carry out the services (subject to 14 below);

    3. provide the Consultants with the necessary resources (as defined in 14.1 below), finance and / or office equipment as agreed between Client which may be required by them to perform the services;

    4. provide the Consultants with parking at Client’s premises for the days / times required by them; and

    5. pay RAG Fees in accordance with 2 above.

    6. Client will not procure the provision of any services from the Consultant other than in accordance with these Terms and will inform RAG in advance of Client’s intention to procure any further services. Any such further services will be governed by these Terms, whether or not Client has complied with the said obligation to inform RAG thereof.

    7. Client will not negotiate or discuss the Consultants fees directly with the Consultant and will solely engage with RAG on Fee negotiations. 

     

    1. PAYMENT

      1. Apart from the amounts referred to in 2, the Consultants will not be entitled to receive any further monies or any benefits of whatsoever nature from Client arising from the services in accordance with these terms. 

      2. The non-timeous completion of work by a Consultant will not excuse Client from payment of invoices in terms of 2 above.

     

    1. BREACH

      1. Should either party commit a breach of any provision of these terms and fail to remedy such breach within 7 (seven) 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 15 below, to claim specific performance and / or damages.

     

    1. TERMINATION

      1. The Client or Consultant may, in its sole discretion, terminate the services, on no less than 24 hours (twenty-four) written notice to RAG and the other party.

      2. Subject to 18.6 below, termination by notice in accordance herewith will not create any rights of renewal or consideration for any periods not completed, or any related obligations.

     

    1. RESOURCES

      1. The Consultants acknowledge that Clients resources, including servers, computers, workstations, monitors, printers, telefax machines, telephones, postal services, e-mail facilities and internet facilities are for conducting your business.

      2. The Consultants will have no expectation of privacy in relation to the use of the resources provided by Client.

      3. The Consultants understand and accept 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 Consultant on, over or in the resources or otherwise. The Consultants hereby expressly consent to Client doing so.

     

    1. INFORMATION EXCHANGED BETWEEN CLIENT AND CONSULTANT

      1. For the purposes of 14, 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 Client, Client’s business or affairs, employees, directors, clients, suppliers and / or third parties.

      2. The Consultant will require information from Client from time to time to provide Client with the services Client requires and Client undertakes, subject to 14.4, to provide or arrange access to such information for the Consultant as and when necessary. Client accepts that this information will only be used by the Consultants to enable them to provide the services that Client requires.

      3. Unless otherwise agreed between Client and the Consultant in writing and subject to these Terms, the Consultant will treat information provided by Client in terms of this clause 14 as confidential.

      4. Client warrants that Client will at all times have the necessary authority, permissions, and / or licenses to provide information in terms of 14.2, including but not limited to authority, permissions and / or licenses to provide information relating to third parties.

      5. Client undertakes to notify the Consultant in writing of any information provided by Client in terms of 14.2 that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”). Upon receiving such written notification, the Consultant will correct or delete the defective information and, if necessary, inform RAG accordingly. Client accepts that the Consultant cannot be held responsible for using defective information where they are not aware of the nature and extent of the defects in such information.

      6. Client consents to the Consultant using the information provided by Client in terms of 14.2 for the purposes set out therein and retaining such information until such time that Client requests in writing the destruction or deletion thereof.

      7. All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by the Consultant as a result of the provision by them of the services will only pass to Client 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 these Terms.

      8. This clause 14 will survive the termination or cancellation of these terms for any reason whatsoever.

     

    1. LIMITATION OF LIABILITY AND INDEMNITY

      1. Notwithstanding anything to the contrary which may be contained in these Terms, the Consultants liability for any direct or indirect (including, without limitation, consequential) loss, damage, costs and / or expenses of any nature whatsoever which Client may suffer or incur as a consequence of or which may arise from or be attributable to:

        1. the services or any other work performed by a consultant;

        2. any act or omission on the part of RAG or a consultant; and/or

        3. any breach, fault or negligence on the part of RAG or a consultant,

      2. will be limited to the amount of the Fee actually paid by Client to RAG for those Services in respect of which the liability arose.
         
      3. Client hereby indemnifies the Consultant and holds them harmless in respect of any claims brought against them, RAG or an employee or officer of RAG, 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 any other work performed by a consultant, employee, officer or agent for Client, Client’s employees, officers or agents.

     

    1. ASSIGNMENT

     

    1. Neither party may assign any of its rights or obligations contained in these terms to any third party.

     

    1. DISPUTE RESOLUTION

      1. Client and Consultant shall use all reasonable efforts to resolve any dispute that may arise under these Terms through good faith negotiations. Client shall nominate a senior representative of Client’s management to meet the Consultant 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 17.

      2. In the event of any dispute failing to be resolved through negotiation as per clause 17.1, 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).

      3. Such arbitration shall be held at Cape Town (unless arranged in writing, 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.

      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.

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

        2. 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.

     

    1. GENERAL

      1. Remedies: Unless the contrary is stated herein, no remedy conferred by these Terms is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise.  Each remedy will be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise.  The election of any one or more remedy by any of the parties will not constitute a waiver by such party of the right to pursue any other remedy.

      2. Severance: If any provision of these terms 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.

      3. Entire Agreement: These Independent Consultant Terms together with the “RAG Terms of Service constitute the entire agreement between the parties in regard to its subject matter. Neither of the parties will have any claim or right of action arising from any undertaking, representation or warranty not included in these terms.

      4. Variations: No agreement to vary, add to or cancel these terms will be of any force or effect unless agreed to in writing by or on behalf of RAG, the client and the Consultant.

      5. General Co-operation: RAG, Client and Consultant will cooperate with each other and execute and deliver to the other party such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of these (“Consultants”) Terms.

      6. Survival of Rights, Duties and Obligations: Termination of these Terms 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.