Client Terms & Conditions
FAITH CV SOURCING SPECIALISTS T&C's
TERMS AND CONDITIONS OF BUSINESS FOR THE INTRODUCTION AND SUPPLY OF CANDIDATES TO THE CLIENT
It is important to note that “Faith CV Sourcing Specialists” introduces candidates to client employers for direct employment by those clients. Such appointments are generally known as “permanent recruitment” or simply “employment”. These terms of business are designed for such situations.
This document clearly sets out the obligations of both the sourcing specialist company and the client with respect to key factors including the submission of vacancy information, the publishing of that information, the introduction of candidates and the payment of fees. Confidentiality and data protection provisions are also included.
DEFINITIONS AND INTERPRETIONS
Faith CV Sourcing Specialists (Company Registration No: 2020/233870/07), of 10 Redwood Crescent, Glen Anil, 4051
The definitions and rules of interpretation in this clause apply to this Agreement
- Actual Vacancies: The Client’s vacant positions.
- Agreement: this contract between the Sourcing Specialist company and the Client for the provision of the services
- Introduce: the provision to the Client of information by the Sourcing Specialist company which identifies the Candidate.
- Introduction Date: the date the Sourcing Specialist company introduces the Candidate to the Client (dependent on Service Line selected by Client)
- Introduction Fee: shall have the meaning set out in clause 3.
- Notice of Fees: the document supplied to the Client setting out the Fees payable for the Services, as amended from time to time.
- Permanent Candidate: A worker Introduced and supplied by the Sourcing Specialist company to the Client as an employee of the Client.
- Retained Search: The Sourcing Specialist company supplies a Permanent Candidate by undertaking a specific search for a Permanent Candidate who is not already on the Sourcing Specialist company database, for example: by advertising.
- Screen: carry out pre-vetting checks required by the Client.
- The Sourcing Specialist company acts as an employment Agent for Permanent Candidates
- The Sourcing Specialist company agrees to search for Candidates for the Client as Permanent Candidates who meet the Client’s minimum qualifications and other criteria for the Actual Vacancies. Dates given for the commencement of the services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Sourcing Specialist company shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the services.
- The Sourcing Specialist company agrees to Screen all Candidates (dependent on Service Line chosen by the Client) and Introduce to the Client (dependent on service line chosen by the Client) only Candidates who meet the minimum criteria for the position as set out by the Client in accordance with clause 2.6, have an interest in the positions for which they are introduced and have the right to work in the South Africa (unless otherwise instructed by the Client).
- After receiving notification of Actual Vacancies, the Sourcing Specialist company may contact the Client by telephone, in writing or by e-mail if the Sourcing Specialist company believes it has a Candidate who would be of interest (a Speculative Application).
- If the Client requests the Sourcing Specialist company to provide services beyond the scope of the services set out in this agreement, the Sourcing Specialist company shall promptly provide a written quotation for its fees for that work before it undertakes such work. The Sourcing Specialist company shall not start such additional work without the prior written consent of the Client. The Sourcing Specialist company shall be entitled to vary the fees initially quoted for the provision of Candidates (subject to Service Line chosen by Client) to take account of any additional services provided to the Client and any reasonable increase in fee rates, provided that any such increase in fee rates shall be notified to the Client in writing by the Sourcing Specialist company
- The Client will comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act, Data Protection Act 1998, by-laws, codes of practice and legal requirements.
AUDIT AND RECORD-KEEPING
- The Agent shall keep and maintain Clients records for three years after the agreement has been completed, or as long a period as may be agreed between the parties, full and accurate records of the agreement including, in particular: a) the services provided by the Sourcing Specialist company under this agreement; b) all expenditure reimbursed by the Client; and c) all payments made by the Client.
- The Sourcing Specialist company shall on request provide the Client or the Client’s representatives such access, on reasonable notice and within normal working hours, to those records as may be reasonably required in connection with this agreement.
LIMITATION OF LIABILITY
- Whilst every effort is made by the Sourcing Specialist company to give the best professional service to the Client by ensuring reasonable standards, the Sourcing Specialist company is not liable for any loss, expense, damage or delay arising from any failure to provide any Permanent Candidate for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Permanent Candidate.
- The Client shall indemnify the Sourcing Specialist company against all claims, costs and expenses which the Sourcing Specialist company may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
- The provisions of this clause shall survive termination of this agreement.
- The Sourcing Specialist company shall not, during and after termination of this agreement, without the prior written consent of the Client, use or disclose to any other person any information of the Client which is identified as confidential or which is confidential by its nature.
DATA PROTECTION COMPLIANCE
- The Sourcing Specialist company will not transmit data and information of the Client to a third party.
- The Sourcing Specialist company will take such technical and organizational measures against unauthorized or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the Client as data controller.
WARRANTIES AND UNDERTAKINGS
- The Sourcing Specialist company warrants that it has the necessary expertise to provide the services contemplated in this agreement and will perform them in keeping with the highest professional business standards by using appropriately qualified, experienced and trained personnel.
- The Sourcing Specialist company will comply with all relevant statutory requirements and regulations which apply in respect of the introduction and supply of Candidates and any other services which the Sourcing Specialist company provides to the Client under this agreement.
- Each party warrants that it has full capacity and authority to enter into and perform this agreement.
ASSIGNMENT AND SUB-CONTRACTING
- Neither party shall, with the prior written consent of the other party, assign, transfer, mortgage, charge, declare a trust of or deal in any other manner with this agreement or any of its rights and obligations under or arising out of this agreement (or any document referred to in it), or purport to do any of the same.
- Each party that has rights under this agreement is acting on its own behalf and not for the benefit of another person.
- Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post on the second business day after posting.
- This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
- Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
- Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
- The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
GOVERNING LAW AND JURISDICTION
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.
- The parties irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
- Either party may defer the date for performance of, or payment for, the Services, or terminate this agreement, if it is prevented from, or delayed in, carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. This Agreement has been accepted into on the date the Client registers with the Sourcing Specialist company.