Terms and Conditions of Engagement
1.1 “the Agency” means Solar Executive Search with Registration Number K2014214879.
1.2 “the Applicant” means the person introduced by the Agency to the Client for engagement.
1.3 “the Client” means the person, firm or corporate body to whom the Applicant is introduced.
1.4 “Engagement” means the appointment of the Applicant at any time up to twelve months after the date of the last interview or initial introduction, whichever is the later, to perform services for or on behalf of the Client whether under a contract of service or for services and whether such services are provided directly or indirectly through another legal entity.
1.5 “Introduction” means the client’s interview of the Applicant, following the Agency’s search for an Applicant.
1.6 “Remuneration” means the total of all emoluments payable or receivable by the Applicant pursuant to the engagement.
1.7 “Cost to Company” means the Applicant’s annual cost to the company which includes the Applicant’s base salary, all benefits, guaranteed bonuses and sign-on bonuses.
1.8 “Effective cause of hire” means the Agency is deemed the effective cause of hire when it is requested by the Client to schedule a meeting or interview between the Client and the Applicant.
2 THE CONTRACT
2.1 These terms and conditions are accepted by the Client by virtue of the Agency sending the Applicant’s Curriculum Vitae to the Client or by virtue of an interview arranged by the Agency between the Client and the Applicant or by virtue of the Client’s engagement of the Applicant.
2.2 No variation or alteration to these terms and conditions shall be valid or enforceable unless reduced to writing and signed by the Director of the Agency.
2.3 The Agency undertakes to telephonically interview the Applicant and request permission to provide the Client with the Applicant’s information. The references will be provided to the Client at the suitable time in the hiring process and at the Client’s request.
3 NOTIFICATION AND FEES
3.1 In the event that the engagement is accepted by the Applicant the Client shall:
3.1.1 Notify the Agency immediately and provide the details of the Applicant’s expected first year of remuneration; and
3.1.2 Pay the Agency’s fee for the introduction of the Applicant within 10 (TEN) days of the date of the commencement of employment. Should the fee not be received within the 10 day period the Client’s guarantee shall fall away in respect of Clause 7 of the Terms and Conditions of Engagement.
3.1.3 The fee payable is calculated at an agreed percentage of the Applicant’s first year basic salary, notwithstanding that the engagement may be terminated during this period.
3.1.4 The fee is due when the Agency is the effective cause of hire/employment.
3.1.5 The Agency reserves the right to charge interest on invoiced amounts unpaid at the rate of 15, 5% per annum.
3.1.6 The parties agree that should the Client be in default of payment then the Client shall be liable for all costs incurred in recovering the amount claimed on the attorney and own client scale.
3.1.7 Any queries on an invoice must be specifically addressed in writing to the Agency within 30 (THIRTY) days from the date of the invoice, failing which the Client is deemed to have accepted the correctness of the invoice.
3.1.8 The Client shall be liable to pay the Agency’s fee in respect of an Applicant introduced by the Agency, notwithstanding that the Client engages the Applicant in a different position to that originally envisaged.
3.1.9 The Client shall be liable to pay the Agency’s fee regardless of whether any other third party including another Agency requests a fee from the Client for their separate recruitment services rendered.
3.1.10 The Client shall be liable to pay the Agency’s fee despite the Applicant’s resignation within 90 (NINETY) days of commencement of employment. The Client will be entitled to a replacement candidate at no charge depending on the Client’s payment of the fee within the stipulated 10 (TEN) day period. See Clause 7.2 of the Terms and Conditions of Engagement.
4 CONFIDENTIAL INFORMATION & INTELLECTUAL PROPERTY RIGHTS
4.1 For the sake of avoiding any doubt, it is specifically recorded that the Agency retains all right, title and interest in and to its Intellectual Property.
4.2 The parties hereby acknowledge the great importance of their Confidential Information to the each other, and recognise that either party may suffer irreparable harm or loss in the event of any such information being disclosed or used otherwise than in accordance with this Agreement.
4.3 The parties hereby agree and undertakes to and in favour of each other, that save as permitted by this Agreement, they shall not disclose, publish, utilise, employ, exploit or in any other manner whatsoever use each other’s Confidential Information for any purpose whatsoever without the prior written consent of the other party
4.4 All documentation prepared by and submitted by the Agency remains the sole and exclusive property of the Agency. All information on and concerning each and every candidate is and shall remain confidential, and shall not be passed on to any third party save and except with the express written approval of the Agency. In the event of any client becoming aware that any associated company or third party might be interested in the candidate, then the Client undertakes to furnish the name and address of such associated company/third party to the Agency who shall thereupon be entitled, without restriction, to contact the associated company or third party directly.
5 INDIRECT INTRODUCTIONS
5.1 The Client shall be liable to pay the Agency’s fee if the Client introduces the Applicant to any third party or refers the Applicant’s details to any third party within 12 (TWELVE) months of the date of the submission of the Applicant’s details to the third party employer or engages the Applicant or in any manner in which an engagement results directly or indirectly from the introduction by the Agency. The Refund Guarantee shall not apply to any indirect introductions.
6 REFUND GUARANTEES
6.1 If the Client pays the Agency’s fees within 10 (TEN) days of the commencement of employment and the engagement terminates, for any reason related to the suitability of the Applicant, within the 3 (three) months of the commencement of employment and written notification of the termination is received by the Agency within 5 (FIVE) days, the Client will be entitled to a replacement applicant at no charge.
6.2 If the Applicant resigns within 90 (NINETY) days of commencement of employment and the Client has paid the Agency’s fee in full within the stipulated 10 (TEN) day period, the Client will be entitled to a replacement Applicant at no charge.
6.3 In the event that payment is not received in accordance with these terms the Client is liable to pay the full invoice.
6.4 However, if an Applicant is made redundant or resigns due to unacceptable conditions due to the Client not adhering to the initial agreement or for unethical reasons then the Agency will not be held responsible in any way. The refund guarantee will be invalid and the full fee will be payable.
7.1 The Agency endeavors to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity, that the Applicant has the experience, training, qualifications and any authorization which the Client considers necessary or which may be required by law or by any professional body, and that the Applicant is willing to work in the position which the Client seeks to fill.
8.1 The Agency shall not be liable under any circumstances for any loss, expense or damage suffered or incurred by the Client arising from or in any way connected with the introduction or engagement of any Applicant or from the failure of the Agency to introduce the Applicant.
8.2 The Client shall indemnify the Agency against any costs, including legal costs, claims, damages and/or expenses incurred by the Agency arising from or in any way connected with the introduction of the Applicant to, or engagement of the Applicant by the Client or with the withdrawal by the Client of a vacancy.
9 LEGAL COSTS
9.1 Should the Agency incur any costs in connection with the collection of any outstanding monies owing by the Client to the Agency, the Client agrees to pay the Agency legal costs on the attorney and own client scale, including collection commission, counsel fees on brief and tracing fees.
10.1 The Client consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 (as amended) having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by the Agency may exceed the normal jurisdiction of the Magistrate’s Court as to amount. The Agency shall exercise this clause in its discretion.