Kgabolize | Recruitment Consultancy

TERMS AND CONDITIONS

1. FEE STRUCTURE: PERMANENT ASSIGNMENTS

Our fee, excluding VAT, is 16% of the Gross Annual Income package of the successfully placed and employed candidate (as defined by the Income Tax Act No. 58 of 1962), and is calculated on the candidate’s total cost to company basis.
A different fee may be negotiated as between Kgabolize Recruitment Consultancy and the client, however, any departure from the aforementioned fee of 16% shall be at the sole discretion of Kgabolize Recruitment Consultancy, and if agreed and accepted by Kgabolize Recruitment Consultancy, shall be recorded in writing and signed by Kgabolize Recruitment Consultancy and the client and appended as an Annexure hereto.

2. SETTLEMENT OF ACCOUNT

The placement fee mentioned in clause 1 above is payable by the client to Kgabolize Recruitment Consultancy on or before the commencement date of the candidate’s employment and/or assignment with the client, whom was introduced to the client by Kgabolize Recruitment Consultancy.
Alternative terms in respect of the payment of monies due to Kgabolize Recruitment Consultancy in settlement of the account may be arranged with Kgabolize Recruitment Consultancy, at the sole discretion of Kgabolize Recruitment Consultancy, where any such amendments to clause 2.1. above must be reduced to writing, signed by Kgabolize Recruitment Consultancy and the client and appended as an Annexure hereto.
It is specifically agreed that the client shall not approach any such candidate introduced to the client by Kgabolize Recruitment Consultancy who is recorded on the Kgabolize Recruitment Consultancy database, where such candidate is unsuccessful in their application for a period of 12 months consequent to such unsuccessful application.
Should the client contravene the provisions of clause 2.3. above and employ such unsuccessful candidate within a period of 12 months from the date of such initial, unsuccessful application by the candidate, that the client shall be liable to Kgabolize Recruitment Consultancy for the fees contemplated and referred to in clause 1 above, or as contemplated and refereed to in clause 4 below, as the case may be.

3. GUARANTEE

Kgabolize Recruitment Consultancy guarantees the suitability of the proposed candidates for the defined and required business needs of the client as indicated and instructed by the client and as recorded in the client’s initial consultation with Kgabolize Recruitment Consultancy for a three- month period from the commencement date of the candidate’s employment and/or assignment with the client.
The guarantee contemplated above is validated by Kgabolize Recruitment Consultancy receiving the full agreed and abovementioned fee from the client on the commencement date of the candidate’s employment with the client.
Should the initial candidate, introduced by Kgabolize Recruitment Consultancy, leave the employ of the client within the guarantee period referred to above, the client will be entitled to receive a replacement candidate for the same vacancy at the same remuneration and on the same terms and conditions as initially agreed upon in respect of the initial candidate.
Further to 3.3. above, should Kgabolize Recruitment Consultancy be unable to provide a suitable replacement, where the candidate leaves within the first month of employment, the client’s account will be credited with 75% of the full fee received, where 50% thereof will be credited in the second month pursuant to the termination of the candidate’s employment and where 25% will thereafter be credited in the third month. The balance of 25% of the full fee (described above) shall be forfeited by the client as remuneration and payment for services rendered by Kgabolize Recruitment Consultancy in attempting to secure a suitable candidate and/or replacement.
All such credits as contemplated above are valid for a period of 3 months from the date on which the candidate leaves the employ of the client.
This aforementioned guarantee is not applicable to dismissals or retrenchments and/or redundancies or any reason related to the conduct or misconduct of a candidate or related to the operational requirements of the client.
Such guarantee, as detailed above, shall only apply to circumstances where a candidate leaves the employ of a client due to incompetence and/or incapacity and/or inability to fulfil the requirements of the client as set out and recorded in the client’s initial consultation with Kgabolize Recruitment Consultancy, where the onus is on the client to reasonably demonstrate such incompetence and/or incapacity and/or inability on the part of such candidate.
Should the client fail to validate the guarantee as described in clause 3.2. above, the client will not be entitled to a replacement and/or a credit notwithstanding the fact that the candidate left within the three-month period, alternatively, one month period described above. The client will, however, remain liable for the full fees due, owing and payable to Kgabolize Recruitment Consultancy in respect of such placement.

4. FEE STRUCTURE: CONTRACT / TEMPORARY RECRUITMENT

The standard fee, excluding VAT, in respect of such temporary/ contract based placements is 20% of the contract period salary package- the full amount of which shall become due, owing and payable to Kgabolize Recruitment Consultancy upon the candidate’s commencement of the contract term with the client.
It is specifically recorded that due to the nature of such placements that no guarantee (as contemplated in the aforegoing clause 3 or at all) will be given by Kgabolize Recruitment Consultancy in respect of such temporary/ contract-based placements.

5. COSTS

It is agreed as between Kgabolize Recruitment Consultancy and the client that Kgabolize Recruitment Consultancy shall be liable for the costs of preparing this agreement, however, the client shall be fully and solely liable and responsible for any other such costs, fees, disbursements and expenses of whatsoever nature in relation to the employment of the candidate.
It is further agreed that in the event that Kgabolize Recruitment Consultancy is required to institute legal proceedings or take any other such action as deemed necessary in recovery of a debt owed to Kgabolize Recruitment Consultancy by a client, that the client shall be fully liable for such costs and expenses which may include but shall not necessarily be limited to: Attorney’s fees, tracing agent’s fees, Sheriff’s fees, cost of service and any and all other such costs and expenses occasioned by the failure of the client to settle its debt owed to Kgabolize Recruitment Consultancy.

6. INDEMNITIES

The client hereby indemnifies Kgabolize Recruitment Consultancy and holds Kgabolize Recruitment Consultancy harmless against any and all claims, liability, damages, loss, penalty, expense and cost (including actual legal costs incurred) of any nature whatsoever and howsoever arising which the client may actually sustain as a result of or attributable to a failure of such candidate to perform fully and/or reasonably in respect of the client’s requirements as described, defined and recorded in the client’s initial consultation with Kgabolize Recruitment Consultancy.
It is recorded that it is ultimately the election of the client as to which of the candidates proposed by Kgabolize Recruitment Consultancy is employed by the client and as such the client bears all such risk and liability arising from and related to such election and employment of such proposed candidate.

7. NON- DISCLOSURE:

It is recorded that all such personal information in respect of such candidates proposed by Kgabolize Recruitment Consultancy to the client have themselves furnished to Kgabolize Recruitment Consultancy such permission and consent to disseminate such personal information to a prospective employer (the client) for the sole purpose of applying for the (vacant) position.
The client accordingly undertakes not to disseminate or disclose any such personal information of any such candidate proposed by Kgabolize Recruitment Consultancy to the client to any third party, where the client further to this undertaking hereby indemnifies and holds harmless Kgabolize Recruitment Consultancy in respect of any and all such claims for damages or howsoever occasioned or formulated as a consequence of the client failing to honour such undertaking contained herein.

8. NON-VARIATION / NON-WAIVER:

This agreement constitutes the whole agreement between the parties relating to its subject matter.
No amendment or consensual cancellation of this agreement or any provision or term of this agreement or of any agreement or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement or of any agreement or other document issued pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect of which it was made or given.
No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against any party in respect of its rights under this agreement, nor shall it operate so as to preclude such party from exercising its rights strictly in accordance with this agreement.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this agreement, unless same has been reduced to writing, signed by both Kgabolize Recruitment Consultancy and the client and Annexed hereto.