TERMS & CONDITIONS
TERMS AND CONDITIONS BETWEEN CORPORATE MATCH (PTY) LTD AND OUR CLIENT
For purposes of these terms and conditions the following words and phrases shall bear the meanings ascribed to them in this clause, unless the contrary is indicated or is clear from the context.
1.1 “candidate” includes a natural person or legal entity introduced by Corporate Match to the client.
1.2 “client” means and includes the client’s affiliated legal entities, subsidiaries, holding legal entity or group of legal entities or associates or a natural person or legal entity to whom the client introduced the candidate.
1.3 “Corporate Match” means Corporate Match (Pty) Ltd.
1.4 “employment” includes appointment and/or employment on a temporary, permanent, trial or contract basis, as well as appointment as an agent or business partner or appointment on any other basis in any other capacity, and “employed” and “employing” and “employ” shall bear similar meanings.
1.5 “introduced” includes introduction orally, in writing, via telephone, via fax or electronically via e-mail or the internet, and “introduction” bears a similar meaning.
1.6 “placement fee” means the fee charged by Corporate Match to the client.
2.1 The client understands that engaging the candidate, accepting the candidate’s CV or employing the candidate constitutes an acceptance of the terms and conditions set out in this document, unless Corporate Match and the client agrees to amended terms and conditions, which amended terms and conditions must be reduced to writing and signed by duly authorised representatives of Corporate Match and the client within 5 (five) days of the said engagement or acceptance of the CV.
2.2 The placement fee is due and payable by the client to Corporate Match when the candidate commences employment with the client after being introduced by Corporate Match.
2.3 Corporate Match will issue an invoice in respect of the placement fee on the candidate’s commencement date, which invoice must be paid within 30 calendar days. Interest at the prevailing prime interest rate will be charged on overdue placement fee accounts and the client acknowledges that Corporate Match shall be entitled to charge interest at such a rate. The placement fee is subject to VAT and will be shown separately on the invoice. To validate Corporate Match’s guarantee, full payment of the placement fee invoice must be made on or before the thirtieth (30th) consecutive calendar day from invoice date.
2.4 Any documentation prepared by Corporate Match remains its property. The candidate’s particulars are forwarded in the strictest confidence and under no circumstances may the candidate or any of his/her previous employers be contacted without Corporate Match’s prior permission having been obtained. Should the client contact the candidate or any of his/her previous employers without Corporate Match’s prior permission having been obtained, the client will be held liable for any damages that may arise from such breach of confidence. No information may be passed on to any third party without Corporate Match’s prior written permission having been obtained.
2.5 Should the client enter into employment negotiations with the candidate within a period of 12 months from date of introduction by Corporate Match, the client will be held liable for Corporate Match’s fee.
2.6 The client shall have no claim of whatsoever nature against Corporate Match arising from any alleged warranty, error, omission or representation made regarding the candidate’s qualifications, experience, knowledge and abilities. The client makes the final decision to employ the candidate and assumes full responsibility to confirm the candidate’s capabilities and suitability for the position at the client.
3. Fee Structure in the event of permanent employment
3.1 The placement fee will be calculated on the total cost to company package paid by the client to the candidate in the first year of employment.
3.2 The placement fee for cost to company packages will be calculated at 15% (or as negotiated with our client)
3.3 The client undertakes to furnish Corporate Match with all information relevant to the salary package offered to the candidate to enable Corporate Match to calculate the applicable placement fee.
4. Ninety (90) day guarantee period for permanent employment
4.1 A Ninety (90) day guarantee is only validated on receipt of payment of Corporate Match’s placement fee invoice on or before the thirtieth (30th) consecutive calendar day from invoice date.
4.2 This guarantee covers the client in the event of the candidate leaving the client’s employ within the ninety (90) calendar days from having been permanently employed. Should a candidate serve notice and the total length of service falls outside the guarantee period, Corporate Match will not be liable for the guarantee. Should the employment be terminated for reasons other than those listed below and within the guarantee period, and the client notifies Corporate Match within 10 (ten) working days, Corporate Match will endeavour to replace the candidate at no cost to the client. The guarantee provides for a replacement candidate for the same position and skills as the candidate placed, and must be finalised within one month from notification. Should the client request a replacement where the position or skills differ from the original job specification and/or candidate placed, or should your company, for any reason, decide not to use Corporate Match to replace the candidate, or if the client takes longer than one month to replace the candidate, a credit of the original placement fee will be given towards any future placements through Corporate Match. A credit of 80% will be provided should the candidate leave the employ within 5 days, 50% credit should the candidate leave between 6 and 60 days, and a credit of 25% should the candidate leave between 61 and 90 days. The guarantee does not apply if the termination is as a result of retrenchment, changes in job content, changes in job title, changes in responsibility, changes in reporting lines, changes in company ownership or for reasons other than those under the candidate’s control. There is no guarantee on candidates converted from a contract assignment to a permanent employee.