Recruitment Terms of Service

DRAFT – REQUIRES SOUTH AFRICAN LEGAL REVIEW BEFORE USE

EMPLOYSAFFAS RECRUITMENT TERMS OF SERVICE (Version 2)

IMPORTANT – PLEASE READ CLAUSES 7 (NO REPLACEMENT GUARANTEE OR REFUND), 8 (EMPLOYMENT LAW AND INDEMNITY) AND 11 (LIMITATION OF LIABILITY) CAREFULLY. THEY LIMIT EMPLOYSAFFAS'S LIABILITY AND PLACE RISK AND RESPONSIBILITY ON THE EMPLOYER. YOU WILL BE ASKED TO ACKNOWLEDGE THEM SEPARATELY BEFORE SIGNING.

1. Parties. These terms are between EmploySaffas (Pty) Ltd (registration number 2024/468658/07) ("EmploySaffas") and the employer identified at signature ("the Employer"). The person signing confirms that they are authorised to bind the Employer.

2. Service and non-circumvention.
2.1 EmploySaffas gives the Employer access to anonymised candidate profiles and, on request, coordinates interviews with candidates. EmploySaffas acts as the intermediary throughout the recruitment process. EmploySaffas does not charge candidates any fee.
2.2 For 12 (twelve) months after a Candidate is Introduced, the Employer will not contact that Candidate directly, or attempt to identify a Candidate whose profile it has seen, except through EmploySaffas.
2.3 If the Employer breaches clause 2.2, then (without limiting EmploySaffas's other remedies) the fee under clause 4 becomes payable as if the Candidate had been Engaged at the remuneration the Employer offered or, if none was offered, at a reasonable market estimate of the remuneration for the role; EmploySaffas may seek an interdict; and the Employer shall pay EmploySaffas's legal costs on the attorney-and-own-client scale.

3. Definitions and introductions.
3.1 "Candidate" means a person whose profile is published on the EmploySaffas platform.
3.2 "Introduction" means (a) the Employer submitting an interview request for a Candidate, or (b) the Employer otherwise obtaining a Candidate's identity or contact details from or through EmploySaffas. A Candidate is "Introduced" on the date of the first Introduction. Viewing an anonymised profile alone is not an Introduction.
3.3 "Related Entity" means any person that is related or inter-related to the Employer (as contemplated in section 2 of the Companies Act 71 of 2008), any subsidiary, holding company or fellow subsidiary of the Employer, and any person to whom the Employer refers or discloses an Introduced Candidate.
3.4 "Engage" means to employ (permanently, fixed-term or part-time), contract with, or procure the services of a Candidate, directly or through an employer of record, temporary employment service, labour broker or other third party, and "Engagement" and "Engaged" have corresponding meanings.
3.5 "Annual Remuneration" means the total guaranteed annual cost to company offered to the Candidate, including basic salary, guaranteed bonuses and 13th cheques, allowances, car benefits, and employer contributions to retirement, medical and other benefit funds, plus on-target commission or incentive, if any. Where the Engagement is for less than 12 months or on a contractor basis, Annual Remuneration is the total amount payable for the first 12 months of the Engagement (or the full term, if shorter). [DRAFT – a minimum fee has been suggested; EmploySaffas has not set one, so no minimum fee applies.]

4. Recruitment fee.
4.1 If the Employer or any Related Entity Engages an Introduced Candidate at any time after the date of Introduction, the Employer shall pay EmploySaffas a once-off fee of 15% (fifteen percent) of the Annual Remuneration. There is no time limit on this obligation.
4.2 The Employer shall notify EmploySaffas in writing within 2 (two) business days of the Candidate accepting an offer and shall, on request, provide a copy of the offer letter or contract.
4.3 If the Employer fails to disclose the Annual Remuneration, EmploySaffas may calculate the fee on a reasonable market estimate of the remuneration for the role.
4.4 If the Employer rescinds an accepted offer, the fee remains payable. If the Candidate withdraws before the start date, EmploySaffas will cancel the invoice; however, if the Employer or any Related Entity later Engages that Candidate, the fee becomes payable again under clause 4.1.

5. VAT. Fees exclude VAT. EmploySaffas is not currently registered for VAT, so no VAT is charged. If EmploySaffas registers for VAT, VAT will be added at the applicable rate to fees invoiced after registration.

6. Invoicing and payment.
6.1 EmploySaffas will invoice the fee once the Candidate accepts the offer.
6.2 Invoices are payable within 14 (fourteen) days of the invoice date.
6.3 Overdue amounts bear interest at the prime lending rate plus 2% (two percent) per annum, calculated daily and compounded monthly from the due date until payment, subject to the in duplum rule. [DRAFT – the reference bank for the prime lending rate is still to be confirmed by EmploySaffas.]
6.4 The Employer shall pay all costs of recovering overdue amounts, including legal costs on the attorney-and-own-client scale and collection commission.
6.5 All amounts are payable in South African Rand, in full, without set-off or deduction. Any bank charges, foreign-exchange costs or withholding taxes are for the Employer's account, and the Employer shall gross up its payment so that EmploySaffas receives the full invoiced amount.

7. NO REPLACEMENT GUARANTEE OR REFUND. EMPLOYSAFFAS DOES NOT OFFER A REPLACEMENT GUARANTEE, REFUND OR FEE REDUCTION IF A PLACED CANDIDATE RESIGNS, IS DISMISSED OR OTHERWISE LEAVES THE EMPLOYER'S SERVICE.

8. Employment law compliance and indemnity.
8.1 The Employer is the employer of any Candidate it Engages directly and is solely responsible for complying with all applicable South African employment laws, including the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997. This includes any discipline, incapacity process, retrenchment or termination of the placed employee's employment.
8.2 Where the Employer Engages a Candidate through an employer of record ("EOR"), the Employer remains liable for the fee under clause 4 (unless the EOR has agreed in writing to pay it). As between EmploySaffas, the Employer and the EOR, the employment obligations rest with the EOR and/or the Employer in accordance with their agreement.
8.3 EmploySaffas is not the employer of any Candidate and is not a party to any employment relationship. THE EMPLOYER INDEMNIFIES EMPLOYSAFFAS AGAINST ANY CLAIM, DISPUTE, AWARD OR COST ARISING FROM THE ENGAGEMENT, EMPLOYMENT OR TERMINATION OF A PLACED CANDIDATE.

9. Confidentiality. The Employer must treat all Candidate information as confidential.

10. Electronic signature. The parties agree that the Employer's acceptance by electronic signature is binding. The Employer's acceptance consists of a typed full name and position, confirmation of authority, acceptance of these terms and acknowledgement of clauses 7, 8 and 11, followed by the "Sign" action. This is an electronic signature within the meaning of the Electronic Communications and Transactions Act 25 of 2002 (section 13(2)–(3)); it is not an advanced electronic signature, which is not required for these terms.

11. LIMITATION OF LIABILITY.
11.1 EMPLOYSAFFAS INTRODUCES CANDIDATES BASED ON INFORMATION SUPPLIED BY THEM. IT DOES NOT GUARANTEE A CANDIDATE'S IDENTITY, QUALIFICATIONS, SUITABILITY OR PERFORMANCE, AND THE EMPLOYER IS RESPONSIBLE FOR ITS OWN REFERENCE, QUALIFICATION AND BACKGROUND CHECKS.
11.2 TO THE EXTENT PERMITTED BY LAW, EMPLOYSAFFAS IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR LOSS OF PROFIT, AND ITS TOTAL LIABILITY ARISING FROM THESE TERMS IS LIMITED TO THE FEES ACTUALLY PAID BY THE EMPLOYER IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
11.3 Nothing in these terms limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

12. Disputes and jurisdiction.
12.1 These terms are governed by the law of the Republic of South Africa.
12.2 The parties shall first attempt to resolve any dispute by negotiation between senior representatives within 10 (ten) business days of written notice.
12.3 Failing resolution, the dispute shall be finally resolved by arbitration in Johannesburg, in English, by a single arbitrator under the rules of the Arbitration Foundation of Southern Africa (AFSA) – where the Employer is not South African, under the AFSA International Arbitration Rules.
12.4 Nothing prevents EmploySaffas from claiming payment of a liquidated amount, or either party from seeking urgent relief, in any competent court. For that purpose the Employer consents to the jurisdiction of the Magistrates' Court in terms of section 45 of the Magistrates' Courts Act 32 of 1944.

13. Data protection (including international employers).
13.1 Each party is an independent responsible party for Candidate information it processes. The Employer shall process Candidate information only to assess the Candidate for Engagement, keep it secure, not disclose it to third parties (other than its EOR or Related Entity for that purpose), and delete it when no longer required. The Employer must process Candidate information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and any other data-protection law that applies to it.
13.2 Where the Employer is outside South Africa, it agrees that this clause constitutes a binding agreement providing protection substantially similar to POPIA for purposes of section 72 of POPIA, and that it shall comply with the data-protection law that applies to it.

14. Duration, termination and general.
14.1 These terms start on signature and continue until terminated by either party on 30 (thirty) days' written notice, or immediately by EmploySaffas if the Employer breaches clause 2 or fails to pay any amount when due.
14.2 Termination does not affect fees for Candidates Introduced before termination. Clauses 2, 4, 6, 8, 9, 11, 12 and 13 survive termination for so long as needed, and clause 4.1 continues to apply to Candidates Introduced before termination.
14.3 Breach: if a party breaches and fails to remedy the breach within 7 (seven) days of written notice, the other party may claim specific performance or cancel, in either case with damages.
14.4 Notices: by email to the addresses on the Employer's account and to info@employsaffas.co.za. The parties choose as domicilium citandi et executandi the registered addresses shown on the account or invoice. [DRAFT – EmploySaffas's registered physical address is still to be supplied.]
14.5 Whole agreement; no variation unless re-accepted electronically through the platform or in signed writing; no waiver; severability; the Employer may not cede its rights or delegate its obligations without EmploySaffas's written consent.
14.6 Amendments: EmploySaffas may issue new versions of these terms on 30 (thirty) days' notice. A new version applies to Introductions made after the Employer accepts it; fees for earlier Introductions remain governed by the version in force when the Candidate was Introduced.

The binding version is the one shown and signed in the employer dashboard.