Client full-time terms and conditions.
The following outlines the terms of use of the NS.work website. Before using any of the NS.work services, you are required to read, understand, and agree to these terms. The "Basically" block provides a short explanation of the terms of use and is not legally binding.
1. Interpretation
1.1. “Client” means an employer as defined in the Basic Conditions of Employment Act;
1.2. “No Sweat Work Media,” means No Sweat Work Media trading as NS.work or any of its associated divisions, companies or close corporations.
1.3. “Conditions” means the Terms and Conditions of Trade contained herein;
1.4. “Fee” means the fee payable to NS.work by the Client, upon such Client having employed an Applicant, pursuant to the acceptance of the terms and conditions and/or a proposed product and service offering, and the introduction of such Applicant to such Client by NS.work;
1.5. “Introduction” means the solicited or unsolicited introduction of an Applicant to the Client by NS.work, by means of interalia:
1.5.1. The furnishing of a personal profile, résumé, or curriculum vitae pertaining to the Applicant, to the Client, at the request of the Client;
1.5.2. The setting up by NS.work of an interview between the Applicant and the Client;
1.5.3. The Client interacted with or was introduced to the applicant via the NS.work platform, by, but not limited to, using the applicants services as a freelancer.
1.6. An acceptance of the terms and conditions and/ or a proposed product and service offering in writing or electronically, will be deemed acceptance of these terms and conditions by the Client.
1.7. “Salary”, “annual salary” or “total cost to company” means the total annual package to be received by an Applicant from an employer pursuant to an employment contract between them, and may include basic salary, nondiscretionary bonuses, 13th cheques, company and individual contributions in respect of medical aid, pension and provident funds and such-like, travel allowances, subsidised housing or the provision of accommodation, billable hours, sign-on bonuses, restraint of trade payments and any and all other benefits. Company car values are assessed as follows: R24 000 on a package up to R129 999 and R 36 000 on a package exceeding R129 999.
1.8. “Employment” means all and any work of whatsoever nature or description undertaken and carried out by an Applicant on behalf of a Client and whether such work is undertaken by such Applicant in his personal capacity or in a representative capacity and without derogating from the generality of the a foregoing, undertaken on behalf of a corporation, company, partnership or association.
1.9. “Full-time Employment” means the employment of an Applicant save where the Applicant is employed on a temporary or contracting basis, and shall be deemed to be permanent from the first date of physical commencement of employment irrespective of the terms of employment entered into between the Applicant and Client including, but not limited to, periods of probation.
Basically
This is all the legalese where they explain that client means you and Ns.work means us, salary means what you plan to pay the candidate, including bonus’ car allowances and so on, and fee means the money you’ll pay us for finding you the great talent you just employed.
2. Calculation of fees due in respect of placements
2.1. Upon the commencement of permanent employment of any Applicant by a Client, to whom such Applicant was introduced by NS.work, the Client shall effect payment to NS.work of a fee calculated at 10% of the Applicant’s gross annual package, in accordance with the provisions of the schedule detailed in Clause 3.1.1, or of such a fee as has been previously negotiated and agreed to by both parties.
2.2. In the event that any Applicant is employed by a Client in the circumstances envisaged in clause 2.1 and such Applicant does not commence permanent employment with the Client for any reason due to the Client’s liability or refusal for whatsoever reason to allow the commencement of such employment, in such event the fee payable to NoSweat Work Media shall be an amount equal to 50% of the fee which would have been payable in accordance with the provisions of clause 3.1, had such Applicant commenced permanent employment.
2.3. NS.work shall invoice the Client with such fee as may be due to it by the Client pursuant to the provisions of this clause 2 immediately upon the commencement of the Applicant’s employment by Client. Payment of the fee due to NS.work and as reflected on any such invoice shall be effected within 14 (FOURTEEN) days of the commencement of the Applicant’s employment by the Client. The onus of ensuring that an invoice is received by the Client in sufficient time to timeously perform its obligations in terms of this clause 3.3, shall at all times vest with the Client. ALL FEES ARE EXCLUSIVE OF VAT.
Basically
So once you’ve employed the chosen one, and they’ve take up residence in their shiny new corner office, we will invoice you for 10% of the nice big annual package you are giving them. Why a big package? Because you chose them, and as such they are awesome and deserve a big package. If, through some fault of yours, like your Sambuca-lighting party trick went awry and burnt the building down, and the chosen one cannot commence working for you, then we will invoice you for 50% of our original fee. Our terms are 14 days from date of invoice but if you feel like paying sooner, who are we to complain.
3. Guarantee option and liability for fees
3.1. NS.work will provide a cash refund in respect of Candidates sourced by it, should the candidates’ employment be terminated within 3 (three) months of commencing, other than by death or redundancy, subject to the following provisions:
3.1.1. The full placement fee being paid within 14 (fourteen) days of date of date that the candidate commencing employment at the Client; and
3.1.2. Written notification being addressed to No Sweat Work Media within 3 months of the commencement date of the Candidate with the client of:
3.1.3. The candidate being dismissed for incompetence; or
3.1.4. The institution of proceedings against the Candidate for incompetence and written notice of the institution of such proceedings having been received by NS.work within seven days of the commencement of those proceedings; or
3.1.5. The candidates’ resignation.
3.2. NS.work will refund the placement fee paid by the client, within 14 working days, as follows:
3.2.1. Within 30days of placement – 90% cash refund
3.2.2. Within 60days of placement – 50% cash refund
3.2.3. Within 90days of placement – 25% cash refund
3.3. In the event that a Client accepts the terms and conditions and/or a proposed product and service offering, and employs an Applicant introduced to such Client by NS.work at any time within a period of 12 (TWELVE) months from the date of such introduction, regardless as to whether or not the employment of the Candidate arose directly or indirectly out of the introduction of the Candidate, then nevertheless, the employment of the Applicant shall be deemed to have come about as a result of NS.work introduction, and NS.work’s fee payable in terms hereof by virtue of such introduction shall be paid within fourteen days from the date of receipt by the Client of NN.work’s invoice.
3.3. In the event that NS.work introduces an Applicant to the Client, which Applicant has been interviewed by such Client on an occasion prior to the introduction of the Applicant to the Client by NS.work, and such Applicant is employed by the Client subsequent to such introduction, then the employment of the Applicant shall be deemed to have come about as a result of NS.work’s introduction and NS.work’s fee payable in terms of hereof by virtue of such introduction shall be paid within fourteen days from date of receipt by the Client of NS.work’s invoice.
3.3. In the event that the Client furnishes any third party with any information relating to an Applicant introduced to the Client by NS.work, or in the event that a Client refers or introduces an Applicant introduced to the Client by NS.work, to any third party, and in either of those events the third party employs the Applicant, or causes the Applicant to be employed by any other party within a period of twelve months from the date of the furnishing of such information or referral or introduction by the Client, then the Client shall be liable to effect payment to NS.work of such fee as would have been payable to NS.work in terms hereof, had the Client employed the Applicant.
Basically
Here we simply state that unless the chosen one gets hit by a bus, or you downscale them, if they turn out not to be the chosen one, and you want your corner office back, we will give you back some of the moolah you handed over in the first place, and it works as follows: you need to follow the correct employment regulations, and you need to notify us in writing. Then if they are asked to leave within month one, we give you back 90%, sometime during month two, 50% and in month three, 25%. Lastly if we introduce you to a candidate, and you then introduce them to a 3rd party who then employs the candidate within 12 months of the meeting, we will invoice you at the same rates as just explained.
4. Confidentiality
4.1. In order to protect the confidentiality of our Applicants, no Client may contact or in any way approach the past or present employers of Candidates without the prior written consent of NS.work having been sought and obtained. The Client shall be liable to NS.work in the event of a breach of the provisions of this clause.
Basically
Please don’t contact the candidates current boss for a reference, without first checking with us. Nothing ruins your day like your future boss contacting your current boss who doesn’t know you’re looking for a future boss!
5. Waiver and Indemnity
5.1. NS.work undertakes to make every reasonable enquiry and endeavour to verify any information provided to them by candidates but cannot be held liable for any damage or loss sustained as a result of misrepresentations, omissions or false information provided by the Candidate.
5.2. In addition, NS.work cannot be held liable for any loss or damage suffered by the Client as a result of, or arising out of the Candidate’s employment with the Client.
Basically
What we are saying is that we will make every effort to determine if the candidate is who they say they are, and can do what they say they can do. If, however through no fault of ours, they turn out to be less than what you bargained on, you cannot hang us from the yardarm.
6. General
6.1. No variation, alteration or cancellation of these terms and conditions shall be of any force of effect unless reduced to writing and signed by the parties or their duly authorised representatives.
6.2. No relaxation or indulgence which NS.work may show a Client shall in any way prejudice or be deemed to be a waiver of NS.work’s rights hereunder.
6.3. NS.work and the Client consent to the jurisdiction of the Magistrate’s Court in respect of any matters incidental to or arising out of the provisions hereof notwithstanding that the value of the matter in question may exceed the jurisdiction of such Court
6.4. NS.work may however at its sole option, institute action out of any appropriate division of the High Court of South Africa
6.5. All legal costs and disbursements on the Attorney and Client scale incurred by NS.work in inter alia tracing a Client and in collecting or endeavouring to collect all or any amounts payable by Client to NS.work in terms hereof or otherwise, and all collection commission and all other fees and charges, shall be for the account of the Client.
6.6. A certificate under the hand of any Director of NS.work in respect of indebtedness of the Client to it, or in respect of any other fact, shall be prima facie evidence of the Client’s indebtedness to NS.work and prima facie evidence of such other fact.
6.7. In the event that any amount payable by a Client to NS.work is not paid promptly on due date (14 days from date of the candidate commencing employment at the Client), then in addition to any other remedies afforded to No Sweat Work Media, such amount shall attract interest at a rate equal to two percent over the prime rate charged by NS.work‘s bankers.
Basically
More legalese, so roughly translated it says, that unlike Groucho Marx who was fond of saying “Those are my principles, and if you don’t like them…. well, I have others.” The above are our T&C’s and are not subject to bargaining. Lastly if you don’t pay us within the 14 days, we are allowed to get antsy and charge you interest. But since we’re not a bank and you are good people, we’re sure it won’t come to that.