Terms & Conditions

 

1. All fees are due and payable within 14 (fourteen) days of commencement of employment of the Candidate introduced to the Client by Specialized People and Business Search cc (“SPBS”). The fee shall be calculated as a percentage of the Candidate’s annual gross remuneration, as reflected in the Standard Fee Structure hereunder. Gross Annual Remuneration shall include all taxable benefits referred to in Schedule 7 of the Income Tax Act No. 58 of 1962 (as amended), salary, all bonuses of whatever kind and nature, inclusive of “13th cheque”, car allowance, any fee or allowance which may be payable by either the Client or the Candidate.

2. In the unlikely event of the Candidate not remaining in the Client’s employ within the guaranteed period, on the grounds of incompetence and/or the Candidate’s resignation and provided all fees and other amounts due to SPBS have been paid in full within the specified period, a credit will be given. Should there be no credit to the client; a replacement to the Client will be free of charge. In this instance SPBS will not make any cash refunds.

3. The Client shall, within 7 (seven) days from the date of commencement of employment of each and every Candidate, furnish to SPBS a copy of the Candidate’s letter of employment together with full particulars as to the agreed terms and conditions of employment.

4. SPBS shall be entitled to charge a placement fee calculated in accordance with the Standard Fee Structure below, in the event of any Candidate being offered and accepting any work and/or employment (whether permanent or temporary, directly or indirectly) from the Client within a period of 12 (twelve) months of being introduced to the Client by SPBS.

5. SPBS shall not be held responsible or liable for any loss or damage of whatsoever kind and nature and howsoever arising, incurred or suffered by the Client resulting from any act or omission of any Candidate introduced by SPBS.

6. All legal costs, including cost as between attorney and his own Client, charges and disbursements incurred by SPBS in enforcing any of the terms and conditions contained herein and costs and disbursements incurred in tracing the Client and in collecting or endeavoring to collect all or any amounts payable by the Client to SPBS hereunder or otherwise, and all collection commissions, and all other fees and charges of a like nature, shall be for the account of the Client and payable on demand.

7. No relaxation or indulgence granted by SPBS to the Client shall be deemed to be waiver of any of SPBS’s rights in terms hereof, nor shall any such relaxation or indulgence be deemed to be a novation of any of the terms and conditions contained herein.

8. The terms and conditions contained herein constitutes the entire agreement between the Client and SPBS and no amendment or variation thereof shall be of any force or effect unless reduced to writing and signed by both the Client and SPBS.

9. The Client hereby consents and submits to the Jurisdiction of The Magistrate’s Court having jurisdiction over the Client’s person in respect of all proceedings connected with this agreement, notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction.

10. A certificate under the hand of any Director or Manager or the Proprietor, (whose appointment it shall not be necessary to prove), for the time being of SPBS, as to any indebtedness of the Client hereunder or any other fact shall be prima facie proof of the Client’s indebtedness to SPBS hereunder and/or such other fact for the purpose of provincial sentence or summary judgment proceedings or for any other purpose.

11. The Client hereby chooses its domicilium citandi et executandi for all notices and processes to be given and served in pursuance hereof at its address given in the covering letter to which this agreement is attached

12. The guarantee comes into effect automatically upon payment by the Client of all fees due to SPBS provided that such payment is made within 14 (fourteen) days of date of commencement of employment of the Candidate. (This can be negotiated)

13. Our standard rates below. SPBS provides a 3 months guarantee period or as negotiated with SPBS.

 

STANDARD FEE STRUCTURE (VAT EXCLUDED)

POSITION % FEE GUARANTEE

Non managerial

16 %

90 days

Managerial

18 %

90 days

Head hunting

20 %

N/A