RECRUITMENT AGREEMENT

  1. Preamble
    • Terms and conditions of Jobs Africa Group
    • Jobs Africa Group is a recruiting agency recruiting applicants for Clients within the Hospitality & Retail industry.
    • The Clients make use of Jobs Africa Group to find a suitable applicant to fill the job specification which the Clients provide them.
    • The Parties to this Agreement wish to record their Agreement in writing.
  2. Notification of Placement

The Client undertakes to:

  • notify Jobs Africa Group immediately on agreeing to engage any applicant who has been introduced by Jobs Africa Group during the preceding 12 (twelve) months; and
  • pay Jobs Africa Group an introduction fee in accordance to clause 3.
  1. Fees
    • The fee payable by the Client for the introduction of an applicant resulting in an engagement is12.50% of gross annual salary package. A pro rata fee is payable for shorter term contracts.
    • In the event of the Client employing 4 or more candidates from Jobs Africa Group within a 1 month billing period, the fee will be reduced to 10% of annual salary for placements made in that month.
  2. Invoicing & Payment
    • Once the applicant has accepted the offer, the invoice shall be issued on the applicant’s start date and is payable within 14 (fourteen) days of this date.
    • Failure to pay:
      • within 30 (thirty) days of invoicing will result in interest being charged on the capital outstanding at a rate of 2.5% per month;
      • within 90 (ninety) days of invoicing will result in the matter being automatically handed over to our Attorneys. The Client will be responsible for all legal costs incurred for the implementation of this Agreement on an attorney and client scale.
  3. Guarantee
    • Jobs Africa Group guarantees to replace the applicant or provide a credit note for the invoiced amount, less the discounted rebate, in the event of an applicant leaving within the first 8 (eight) weeks of employment (except for redundancy).
    • This guarantee becomes void if the invoice is not paid in full within the period defined in clause 4.1. In addition, no replacement will be provided unless Jobs Africa Group is notified in writing within 14 (fourteen) days of the effective date of termination. Jobs Africa Group will be given the opportunity by the Client to replace any credited positions exclusively within 3 months or any other period specifically agreed upon by both parties and reduced to writing.
  4. Confidentiality
    • Introductions by Jobs Africa Group are strictly confidential and are made individually to the Client. If a Client, or a member of the Client’s staff, within 12 (twelve) months, pass on the information of the applicant to any other person, firm or corporation in any manner whatsoever, and leads to the applicant being employed by that person, firm or corporation, the Client will be liable for the payment of the fee outlined in clause 3.
    • The parties agree that by virtue of their relationship in terms of this agreement, they may become privy to confidential information in relation to the business affairs of the other and in this regard it is agreed that neither party shall divulge any confidential information with respect to the other party’s business to any other person, except as may be necessary to carry on its activities under this agreement or as required by law.
    • This clause 6 shall survive any expiration or termination of this agreement.
  5. References

Jobs Africa Group will undertake their own Reference Screening Process but we do advise that the Client undertake their own Reference Screening.

  1. domicilia citandi et executandi
    • The parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered to the parties.

or at such other address in the Republic of South Africa of which the party concerned may notify the others in writing provided that no street address mentioned in this sub-clause shall be changed to a post office box orposte restante.

  1. Governing Law and Conflict Resolution
    • This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by and construed in accordance with the laws of the Republic of South Africa.
    • In terms of section 28 of the Magistrate’s Court Act, No. 32 of 1944 (as amended) the Parties agree that Jobs Africa Group shall be entitled, but not obliged, to institute any proceeding against the Client, arising out of this Agreement and any confirmed order, in any Magistrate’s Court having jurisdiction over the Client, notwithstanding that the value of the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court and this clause will be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the aforesaid Act.
    • The Client agrees to be liable for all legal costs on an attorney and client scale, including any collection charges, and tracing costs which Jobs Africa Group may incur in enforcing any of its rights under this Agreement, or a confirmed order, against the Purchaser.
    • A certificate signed by any a director of Jobs Africa Group, showing the amount due and owing by the Client, to Jobs Africa Group, at any given time, shall be prima facie proof of the facts therein stated for the purpose of all legal proceedings against the Client for recovery of the said amount.
  2. Miscellaneous
    • No indulgence, leniency or extension of a right, which either of the Parties may have in terms of this Agreement, and which either party (“the grantor”) may grant or show to the other party, will in any way prejudice the grantor, or preclude the grantor from exercising any of the rights that it has derived from this Agreement, or be construed as a waiver by the grantor of that right.
    • Neither party shall be regarded as having waived, or be precluded in any way from exercising, any right under or arising from this lease by reason of such party having at any time granted any extension of time for, or having shown any indulgence to, the other party with reference to any payment or performance hereunder, or having failed to enforce, or delayed in the enforcement of, any right of action against the other party.
    • The failure of either party to comply with any non-material provision of this lease shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.
    • This is the entire agreement between the parties. These terms and conditions are the total terms and conditions, which govern the recruitment, training and consulting services undertaken by Jobs Africa Group on behalf of the Employer Client. These are deemed to be accepted by the Client by virtue of an interview for the possible employment (which term includes employment or use, whether under a contract of service or for services) of applicants introduced by Jobs Africa Group.
    • Neither party relies in entering into this agreement on any warranties, representations, disclosures or expressions of opinion which have not been incorporated into this agreement as warranties or undertakings.
    • No variation or consensual cancellation of this agreement shall be of any force or effect unless reduced to writing and signed by both parties.
    • In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms, which will continue to be valid and enforceable.
    • If any provision of this Agreement is found or held to be invalid or unenforceable, the validity and enforceability of all the other provisions of this Agreement will not be affected.