TERMS AND CONDITIONS OF SERVICE
1.1 FRRW CONSULTING, Professional and Specialist Recruiters, conducts recruitment services for Clients and charges a recruitment fee in return for its services. Such charge is contingency-based, unless a retainer-based charge or a combination of each is agreed upon prior to commencing the assignment.
1.2 In placing a job description with FRRW CONSULTING the Client acknowledges that it accepts both FRRW CONSULTING’s terms and conditions of service and its fee structure, as detailed below. Agreement will be indicated either through a Client’s previous use of FRRW CONSULTING’s services or by its signature to this document which may be conveyed per facsimile or e-mail transmission. In the interests of clients the terms of this agreement may be adjusted as a result of mutually agreed negotiation.
1.3 No variation of, addition to, consensual cancellation or novation of this agreement and no waiver by any party of any of his/its rights hereunder shall be of any force or effect unless reduced to writing and signed by the parties or their authorised agents. Terms of this agreement may be subject to change.
1.4 No latitude, extension of time or other indulgence which may be given or allowed by any of the parties to the other in respect of any payment provided for in this agreement or the performance of any other obligation hereunder shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of the party’s rights in terms of or arising from this agreement, or estop such party from enforcing strict and punctual compliance with each and every provision or term hereof.
2.1 A placement is deemed to have been made (and a placement fee to have been incurred) once a Candidate of FRRW CONSULTING has commenced employment with the Client. Should a Candidate introduce another person, that person shall be deemed to be a candidate of FRRW CONSULTING.
2.2 FRRW CONSULTING’s placement fee is equivalent to 15% (fifteen percent) of the successful Candidate’s annual package, for packages up to R 300 000, and 20% (twenty percent) if the annual package is above R300 000, excluding VAT. Annual package includes but is not limited to all perquisites, monthly allowances, engagement fees, guaranteed bonuses and thirteenth cheques offered in addition to a fixed basic salary.
2.3 In the case of personnel with an earnings package based on commission only, fees will be based upon expected earnings and bonuses.
3. INVOICING AND PAYMENT
3.1 FRRW CONSULTING will invoice on the Candidate’s starting date with payment due within 14 days of date of invoice.
3.2 If a job offer is made to a Candidate of FRRW CONSULTING and is orally accepted by that Candidate, but the Client later, for whatever reason retracts the offer, the full placement fee is payable to FRRW CONSULTING.
4.1 FRRW CONSULTING offers a 90 day guarantee (“the guarantee period”) in respect of Candidates placed by FRRW CONSULTING with the Client.
4.2 The Guarantee is subject to the placement fee referred to in paragraph 2.1 above being paid within 14 (fourteen) days of the candidate commencing employment. The guarantee period operates from the starting date of the Candidate’s placement and terminates within 90 days. The 90 day guarantee is inclusive of the notice period.
4.3 Only payments received timeously as required in terms of clause 3.1 above will the guarantee be activated.
4.4 The guarantee does not apply if the termination of the candidate’s employment is as a result of a retrenchment or redundancy for economic reasons, elimination of the position, an unfair dismissal, a substantial change in the job description or reporting structure, the client’s breach of either this agreement or their employment contract with the candidate, or any verbal agreement with the candidate, a change in the client’s ownership or any other reasons beyond FRRW CONSULTING’S or the candidate’s control.
4.5 Should the candidate resign or be released for any reason other than redundancy or retrenchment or any reasons mentioned in clause 4.4, within the applicable guarantee period and the Client has complied with its obligations in terms of clause 4.2 above, FRRW CONSULTING will provide a replacement candidate at no extra charge to the Client. For the guarantee to be operative, FRRW CONSULTING must be notified of the resignation or release immediately and confirmed in writing within 7 (seven) days (unless otherwise agreed). From the date of confirmation, FRRW CONSULTING is afforded a minimum of 10 (ten) working days to replace the candidate for the same position.
4.6 If FRRW CONSULTING is unable to replace the Candidate, the Client will then be issued a non-refundable credit note for 100% of the placement fee, which will be valid for a period of 1 (one) year from date of issue. The credit note may be used against any fees that may become due to FRRW CONSULTING in the 1 (one) year period.
4.7 Should there be an increased salary difference between the initial Candidate and the replacement Candidate, the original invoice will be credited and a new invoice, based on the salary package of the replacement candidate, will be charged.
4.8 Should a candidate introduced by FRRW CONSULTING be retrenched or made redundant during the guarantee period, the full placement fee is due.
5. ENGAGEMENT / RE – ENGAGEMENT FEE
5.1 Should the Client or any subsidiary or associated company of the Client engage or re-engage the Candidate within a period of 1 (one) year from the date of introduction or termination, a full fee shall, in accordance with the terms of this agreement, become due and payable.
5.2 If an applicant is placed on a fixed-term contract and is subsequently placed into a permanent position at the end of the contract period a fee for the subsequent appointment shall be payable as given in clause 2.2 above and employment considered to commence on the first day of the permanent appointment.
6.1 While every effort has been made to carefully select Candidates, FRRW CONSULTING, its employees or its consultants will not be liable for any loss, consequential loss, damage nor injuries to persons, suffered by the Client resulting or caused by the introduction or placement of a Candidate to the Client.
6.2 FRRW CONSULTING obtains and/or provides accurate details of Candidates in respect of the Candidate’s qualifications, personal details and employment history and carries out background checks. Although additional checks may be conducted at the request and cost of the client FRRW CONSULTING does not warrant the accuracy or correctness thereof.
6.3 No responsibility can be accepted by FRRW CONSULTING for errors, omissions or misrepresentations made by the Candidate and FRRW CONSULTING accepts no liability whatsoever for any loss, costs or damages caused, directly or indirectly by the Candidate to the Client or by virtue of the employment of the Candidate by the Client.
6.4 Whilst every endeavour has been made by FRRW CONSULTING regarding the capabilities of the Candidate, FRRW CONSULTING does not warrant his or her competence, ability and honesty.
7. VERIFICATION CHECKS
FRRW CONSULTING utilises Managed Integrity Evaluation (Pty) Ltd (MIE) for background screening. In terms of the National Credit Act Regulation 18(4)(c) a credit report can only be obtained when “considering a candidate for employment in a position that requires honesty in dealing with cash or finances”. FRRW CONSULTING will only conduct a credit report at the written request of the Client. All Credit checks are performed using Bureau – Transunion Notices. FRRW CONSULTING will only conduct credit checks on further databases and any other verifications required including a criminal check at the specific written request of the Client.
8.1 Any information relating to the Candidate is to remain confidential and may not be divulged to a third party. The Client undertakes to treat all information concerning the candidate in strict confidence and further to refrain from contacting the Candidate’s current employer for whatever reason, without the candidate’s prior written approval. All communication relating to the Candidate must be communicated through FRRW CONSULTING.
8.2 FRRW CONSULTING hereby agrees to keep confidential all information provided to it by the Client.
We look forward to building a long-term business relationship with you.