1. INTERPRETATION
1.1. Definitions:
1.1.1. “Candidate” means the “potential employee” as defined as the persons to whom STAND-OUT STAFFING Clients may be introduced with a view to entering into contracts of employment.
1.1.2. “Client” means an “Employer”.
1.1.3. “Employment” means work undertaken and carried out by a Candidate on behalf of a Client and whether such work is undertaken by such Candidate in his personal capacity or in a representative capacity and without derogating from the generality of the foregoing, undertaken on behalf of a corporation, company, partnership or association.
1.1.4. “Guarantee Period” refers to the period as set out in clause 7.1
1.1.5. “STAND-OUT STAFFING” refers to the registered company STAND-OUT STAFFING LLC
1.1.6. “Introduction” means the solicited or unsolicited introduction of a Candidate to the Client by STAND-OUT STAFFING, by means of inter alia:
– forwarding a Candidate’s resume, to the Client,
– arranging an interview between the Candidate and the Client;
– receipt by the Client of a resume of the Candidate delivered by STAND-OUT STAFFING by, ordinary mail, registered mail, e-mail, hand delivery or any other means.
– “Base Annual Salary” means the Candidate’s base salary to be paid to the Candidate during their first year of employment.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1. In the event of the Client failing to sign these terms and conditions, then the interviewing or appointing (whether permanent, temporary or limited-duration) of a Candidate within a period of 12 (twelve) months from date of introduction or subsequent re-introductions, will be deemed to be acceptance by the Client of these terms and conditions and shall be bound thereto.
3. NO LIABILITY FOR CLIENTS’ EXPENSES FOLLOWING INTRODUCTION
3.1. STAND-OUT STAFFING is not liable for any loss or expense, due to the introduction of a Candidate to a Client.
4. REQUEST BY CLIENT
4.1. The Client must provide full information to STAND-OUT STAFFING as to the nature of the work concerned, the qualifications and experience required of the Candidate and the probable salary applicable.
5. INTRODUCTION
5.1. STAND-OUT STAFFING will or may introduce a suitable candidate to the Client pursuant to a direct request by the Client or at STAND-OUT STAFFING sole initiative.
6. PLACEMENT
6.1. The Client undertakes to advise STAND-OUT STAFFING immediately as to whether the Candidate is to be appointed or not, and if appointed the intended duration of appointment and the Base Annual Salary attached to the appointment.
6.2. If the appointment is only temporary or contractual, the Client shall indicate the period of such employment.
7. STAND-OUT STAFFING REMUNERATION AND GUARANTEE PERIODS
7.1 Should Candidates of STAND-OUT STAFFING be employed directly by the Client within 12 (twelve) months of the original introduction to the Client by STAND-OUT STAFFING, regardless as to whether the employment of the Candidate arose directly or indirectly from the introduction of the Candidate, the Client shall then be liable for a fee in accordance with the normal terms and conditions as set out above.
7.1 If the Candidate is appointed the Client shall pay to STAND-OUT STAFFING a remuneration calculated as a percentage of the Candidates Base Annual Salary as follows:
FEE Guarantee Period
20% 90 days
7.2 Unless specifically agreed, Employment shall be deemed to be permanent in nature.
7.3 Payment shall be made to STAND-OUT STAFFING by the Client within 30 days of receiving STAND-OUT STAFFING invoice.
8 GUARANTEE
8.1 The benefits of the Guarantee Period will only apply if:
8.1.1 The placement fee is paid by the Client in full (or as agreed) to STAND-OUT STAFFING within 30 days of receipt of invoice
8.1.2 7 Days written notice is given to STAND-OUT STAFFING on termination date or resignation of employee.
8.1.3 The Candidate gives notice or leaves the employ of the Client by his own volition within the guarantee period of employment, and not by reason of being dismissed by the Client due to technical incompetence, retrenchment, redundancies or unfair dismissals.
8.2 If STAND-OUT STAFFING is not able to source an applicant as per the client’s job specifications/requirements within 30 (thirty) days, a credit note will be given to the Client based on the following days if employment is terminated from date of commencement:
• 1-30 days 65% of placement fee
• 31-60 days 45% of placement fee
• 61-90 days 25% of placement fee
8.3 After 90 (ninety) days of permanent employment from commencement date, the guarantee for permanent appointments becomes invalid, and STAND-OUT STAFFING will not be liable should an applicant’s permanent employment be terminated.
8.4 A credit that has not been utilised after 6 (six) months of issue date will be forfeited.
8.5 Credit Notes/Guarantee Periods only apply to Permanent Placements, and do not apply to Contractual Placements.
9 BREACH
9.1 You agree that should you breach this agreement and fail to remedy such breach within 20 (twenty) days of written notice requiring the breach to be remedied then STAND-OUT STAFFING will claim payment of liquidated damages;
9.1.1 Take note that you will be liable for attorney and client legal fees incurred and
9.1.2 Interest will be charge from 90 (ninety) days failure to pay at a rate of 2.5% per month.
10 INDEMNITY
10.1 Although extreme care and caution is taken by STAND-OUT STAFFING to screen a Candidate, STAND-OUT STAFFING shall not be responsible for any conduct or actions of the Candidate or for financial loss caused by the actions or omissions of the Candidate. Furthermore, STAND-OUT STAFFING shall not be responsible for any errors or omissions concerning information furnished in respect of the Candidate. The Client indemnifies STAND-OUT STAFFING against loss, damages or costs suffered or incurred by the Client as a direct or indirect consequence of the introduction or procurement of a Candidate.
11 CONFIDENTIALITY
11.1 All information provided to the Client concerning the Candidate must be treated in the strictest of confidence and the Client is precluded from contacting in any way whatsoever the Candidates past or present employers without the prior written consent of STAND-OUT STAFFING. The Client indemnifies STAND-OUT STAFFING against loss, damages or costs suffered or incurred by the STAND-OUT STAFFING as a result of the Client breaching this confidentiality clause.
12 GENERAL
12.1 These terms and conditions set forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all oral and written agreements and understandings relating thereto. No waiver, alteration, modification, or cancellation of any of the provisions of these terms and conditions shall be binding unless made in writing and signed by each of the parties hereto. STAND-OUT STAFFING failure at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. These terms and conditions shall be binding upon, and inure to the benefit of, STAND-OUT STAFFING and its legal representatives, successors and assigns. If any of the provisions of these terms and conditions are determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provisions shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect; provided, however, that with respect to any material provision so severed, the parties shall negotiate in good faith to achieve the original intent of such provision.