This agreement is hereby entered into between
“Elite Talent” (Hereinafter referred to as “the Agency”)
“The Client” (Hereinafter referred to as “the Client”)
Recruitment terms and conditions as outlined below will be applicable for any and all placement services conducted by the Agency namely, Elite Talent to the client.
1. The Agency undertakes to use its skills and knowledge to seek out a suitable candidate for the client.
2. The Agency will provide a Standard Contract of Employment to the Client which is in accordance with the (LRA) Labour Relations Act (unless the client makes use of their own employment contract).
1. The Client agrees to pay the Agency the placement fee once the Agency’s obligations have been met and a suitable candidate has been found and appointed by the company.
Our standard professional fee for Recruitment is:
1. Elite Talent will invoice on the start date of the appointed candidate.
2. You (the client) validates the Elite Talent’s guarantee by making payment within 30 days of the candidates start date (invoice date).
2.1 Guarantee for purposes hereof shall have the meaning set out as below:
Our guarantee period is 90 days on all long term placements (12 months +).
The guarantee period will be proportioned for short term/temporary placements (calculated as a fourth of the employment period).
Our guarantee is only validated on receipt of payment by ourselves on or before the thirtieth (30) day from the invoice date.
Kindly note: it is the Client’s full responsibility to ensure that Elite Talent has received the payment for the placement with the set period.
3. If the invoice has been timeously paid by the client and the candidate leaves your employment within the guarantee period for any reason other than retrenchment, disablement, unfair dismissal, death of unfair labour practices, Elite Talent offers to find a suitable replacement candidate.
Should a suitable replacement Candidates not be found by Elite Talent, a credit note valid for 24 months will be issued which can be used for any future placements on the following basis:
a) If the Candidate leaves within 0 to 30 days, a credit note of 80% will be issued against the next placement;
b) If the Candidate leaves within 31 to 60 days, a credit note of 60% will be issued against the next placement.
c) If the Candidate leaves within 61 to 90 days, a credit note of 40% will be issued against the next placement.
When there is a difference in the amount of the invoices, such as the original fee for the placement and where a new replacement is required at a different fee, a credit note will be issued to cover the difference and may be applied to future placements.
Agency Fee is 20% of annual remuneration (CTC) calculated at 13 months including 13th cheque
4. For temporary placements (all placements of less than 1 year), should the contract be renewed or extended, our fee structure will be applied to the annual package of the employee.
5. Should the Client negotiate a salary directly with the Candidate, and the two parties agree on a salary, the Agency reserves the right to charge a placement fee in accordance with the initial agreed upon candidate salary and applicable placement fee, should this negotiated salary fall below 20% of the initial agreed upon salary (a minimum of 80% of the initial agreed upon placement fee will be payable to the Agency).
6. Should the client wish to defer the hiring decision, and should a recommended candidate be hired within six (6) months of the referral date, Elite Talent is entitled to the full see and will invoice accordingly.
7. It is a term of this agreement that the client agrees to pay Elite Talent fees should you employ a candidate who has been introduced to you by Elite Talent, in any capacity whatsoever, agreed upon between you and the candidate.
8. Should you introduce a Elite Talent referred candidate to any other third party, company, subsidiary or associate, you will be liable to pay the applicable placement fee.
9. Interest will be charged on all overdue amounts from 30 days onwards, and will be charged at 2% above prime. Any third party costs and / or expenses (including legal fees and other professional fees) incurred by the recruitment company in recovering amounts overdue pursuant to these Terms and Conditions shall be payable by the Client.
The Agency herby undertakes to treat all information supplied by the Client as confidential and shall not pass such information on to any third party.
The Client hereby undertakes to treat all information supplied by The Agency about a Candidate as confidential and not to pass such information on to any third party, unless required to do so in order for the Candidate to carry out his or her duties to the Client.
The Client understands that in order to make an appointment, or request of service, the Client must always first contact The Agency before speaking to any Candidate the Client has met (prior to full employment).
Information, Damages and Indemnity: The Agency disclaims any and all liability for any loss, damage, costs or expenses suffered by the Client, directly or indirectly, arising from the Candidates’ employment with the Client. Elite Talent is not responsible for losses or damages suffered by either the Candidate or the Client In selecting Candidates for listing, The Agency has relied on the information supplied by the Candidate, and the information obtained from references supplied by the Candidate, The Agency has relied on such information in good faith and has passed on such information to the Client in good faith. The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Candidates provided.
Information, Damages and Indemnity: – Continued In the event that the Candidate suffers any loss, injury or damage arising out of employment with the Client, the Client hereby indemnifies The Agency in respect of any claims made against The Agency as a result of such loss, injury or damage by the Candidate or by any other person.
Should any candidate introduced to the Client not be appointed and subsequently, within 6 months of said introduction, be appointed, by the client, the client will remain liable for the placement fee. General:
This document embodies the whole agreement between Elite Talent and the Client. No variation, amendment, modification, deletion or addition to these terms and conditions shall be valid unless in writing, agreed to and signed by both the Client and Elite Talent.