Terms of Agreement – Permanent Placements

The Standard Terms & Conditons Of Voitechnik Recruitment/Placement Services To Its Clients

“APPLICANT(S)” refers to the individual(s) who is seeking employment with the assistance of Voitechnik

“CLIENT(S)” refers to the prospective employer(s) of “APPLICANT(S)”

1.1 Voitechnik acts in the capacity as Agent for applicants and will not be the employer of the applicant referred to the Client for a placement. Final selection and appointment is affected by the Client and Voitechnik accepts no responsibility for any claim whatsoever arising out of the introduction of applicant(s) to the Client, who in addition also unconditionally exonerates and indemnifies Voitechnik against any claim, dispute and liability that may arise out of the employment relationship between the Client and the applicant.

 

1.2 The Client will become the sole employer of the applicant once the applicant is placed and takes up employment with the Client.

2.1 Unless otherwise agreed, Voitechnik’s fees to the Client are calculated on a percentage of 10% (exclusive of VAT) of the applicant’s guaranteed total gross annual remuneration package.

 

2.2 All fees are due and payable by the Client within 30 (thirty) calendar days from the date of commencement of employment of the applicant by the Client.

3.1 The guarantee period of 3 (three) months will only be applicable on condition that all fees are settled in full within 30 calendar days from the date of commencement of employment by the applicant.

 

3.2 In the event of the applicant’s resignation or fair dismissal / termination in
accordance with the relevant South African Labour legislation within the guarantee period by the client, Voitechnik will attempt to replace the applicant without any further fees being applicable. The replacement applicant’s guarantee will be calculated pro rata to the remainder of the first 3 (three) month’s guarantee offered.

 

3.3 Should Voitechnik be unable to replace said applicant within 30 (thirty) days, in its sole and absolute discretion, the following refunds will be offered to the client:

3.3.1 50% of the fee – termination within 0 – 30 days
3.3.2 40% of the fee – termination within 31 – 60 days
3.3.3 20% of the fee – termination within 61 – 90 days

 

Should a placed applicant be retrenched, transferred or seconded by the Client no refund is due or payable.

 

3.4 The client agrees to pay Voitechnik all fees due and payable for recruitment and placement of an applicant with the Client and will not use the reason of having access / having a prior relationship with the applicant as reason for non-payment.

3.5 Should any Applicant introduced by Voitechnik to the Client not be appointed and subsequently, within 6 months of said introduction, be appointed by the Client, the Client will remain liable for the placement fee.

4.1 All confidential / business-related / personal information shared between
Voitechnik and the Client during the course of their business shall be treated with the utmost discretion and sensitivity.

 

4.2 The parties hereby agree not to disclose any such information obtained during the course of their business relationship and interaction with each other to any unauthorised third party without the prior written permission of the other.

 

4.3 Voitechnik will not disclose any trade secrets, competitive information or business secrets of the client to any unauthorised third party, except for the express purpose of attracting the interest of a potential applicant within its own discretion.

 

4.4 The Client will not disclose the applicant’s identity, personal information, references, background information or the mere fact that the applicant applied for a position / vacancy to any unauthorised third party.

5.1 Voitechnik is hereby authorised to represent the Client in interviewing the applicants for the purpose of retaining qualified applicants and placement in vacancies the client might have from time to time.

 

5.2 In the event of the Client referring an unsuccessful applicant to an unauthorised third party for the purpose of employment, the Client will be held liable for the full placement fee applicable for said applicant upon employment of the applicant by said third party.

No variation of this agreement will be binding and / or have any effect or force unless reduced to writing and signed by both parties.

7.1 The parties to this agreement undertake to accept all terms and conditions contained in this agreement. Upon written acceptance / employment of an applicant the Client undertakes to pay all fees due and payable to Voitechnik in terms of this Agreement.

 

7.2 The parties agree to the jurisdiction of the Durban Magistrates Court for the recovery of any losses / damages / fees and the unsuccessful party will be liable for all legal costs in such matter.

8.1 The Client selects as their domicilium citandi et executandi, the address and e-mail address as described in the proposal and agree that the above respective addresses will be the addresses at which all notices and /or legal process documents will be delivered and received by the candidate in terms of this Agreement.

 

8.2 Any waiver or relaxation or suspension which may be given or made by either party will be construed as relating strictly to the matter in respect whereof it was made or given.

 

8.3 This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

DEFINITIONS

“APPLICANT(S)” refers to the individual(s) who is seeking employment with the assistance of Voitechnik

“CLIENT(S)” refers to the prospective employer(s) of “APPLICANT(S)”

INTRODUCTION OF APPLICANT(S)

1.1 Voitechnik acts in the capacity as Agent for applicants and will not be the employer of the applicant referred to the Client for a placement. Final selection and appointment is affected by the Client and Voitechnik accepts no responsibility for any claim whatsoever arising out of the introduction of applicant(s) to the Client, who in addition also unconditionally exonerates and indemnifies Voitechnik against any claim, dispute and liability that may arise out of the employment relationship between the Client and the applicant.

 

1.2 The Client will become the sole employer of the applicant once the applicant is placed and takes up employment with the Client.

FEE STRUCTURE

2.1 Unless otherwise agreed, Voitechnik’s fees to the Client are calculated on a percentage of 10% (exclusive of VAT) of the applicant’s guaranteed total gross annual remuneration package.

 

2.2 All fees are due and payable by the Client within 30 (thirty) calendar days from the date of commencement of employment of the applicant by the Client.

GUARANTEE AND REBATES

3.1 The guarantee period of 3 (three) months will only be applicable on condition that all fees are settled in full within 30 calendar days from the date of commencement of employment by the applicant.

 

3.2 In the event of the applicant’s resignation or fair dismissal / termination in
accordance with the relevant South African Labour legislation within the guarantee period by the client, Voitechnik will attempt to replace the applicant without any further fees being applicable. The replacement applicant’s guarantee will be calculated pro rata to the remainder of the first 3 (three) month’s guarantee offered.

 

3.3 Should Voitechnik be unable to replace said applicant within 30 (thirty) days, in its sole and absolute discretion, the following refunds will be offered to the client:

3.3.1 50% of the fee – termination within 0 – 30 days
3.3.2 40% of the fee – termination within 31 – 60 days
3.3.3 20% of the fee – termination within 61 – 90 days

 

Should a placed applicant be retrenched, transferred or seconded by the Client no refund is due or payable.

 

3.4 The client agrees to pay Voitechnik all fees due and payable for recruitment and placement of an applicant with the Client and will not use the reason of having access / having a prior relationship with the applicant as reason for non-payment.

3.5 Should any Applicant introduced by Voitechnik to the Client not be appointed and subsequently, within 6 months of said introduction, be appointed by the Client, the Client will remain liable for the placement fee.

MUTUAL NON-DISCLOSURE AGREEMENT

4.1 All confidential / business-related / personal information shared between
Voitechnik and the Client during the course of their business shall be treated with the utmost discretion and sensitivity.

 

4.2 The parties hereby agree not to disclose any such information obtained during the course of their business relationship and interaction with each other to any unauthorised third party without the prior written permission of the other.

 

4.3 Voitechnik will not disclose any trade secrets, competitive information or business secrets of the client to any unauthorised third party, except for the express purpose of attracting the interest of a potential applicant within its own discretion.

 

4.4 The Client will not disclose the applicant’s identity, personal information, references, background information or the mere fact that the applicant applied for a position / vacancy to any unauthorised third party.

PLACEMENT OF CANDIDATES

5.1 Voitechnik is hereby authorised to represent the Client in interviewing the applicants for the purpose of retaining qualified applicants and placement in vacancies the client might have from time to time.

 

5.2 In the event of the Client referring an unsuccessful applicant to an unauthorised third party for the purpose of employment, the Client will be held liable for the full placement fee applicable for said applicant upon employment of the applicant by said third party.

VARIATIONS

No variation of this agreement will be binding and / or have any effect or force unless reduced to writing and signed by both parties.

ACCEPTANCE

7.1 The parties to this agreement undertake to accept all terms and conditions contained in this agreement. Upon written acceptance / employment of an applicant the Client undertakes to pay all fees due and payable to Voitechnik in terms of this Agreement.

 

7.2 The parties agree to the jurisdiction of the Durban Magistrates Court for the recovery of any losses / damages / fees and the unsuccessful party will be liable for all legal costs in such matter.

GENERAL

8.1 The Client selects as their domicilium citandi et executandi, the address and e-mail address as described in the proposal and agree that the above respective addresses will be the addresses at which all notices and /or legal process documents will be delivered and received by the candidate in terms of this Agreement.

 

8.2 Any waiver or relaxation or suspension which may be given or made by either party will be construed as relating strictly to the matter in respect whereof it was made or given.

 

8.3 This agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

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Voitechnik Engineering & Recruitment Services