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TERMS AND CONDITIONS OF BUSINESS
RESTRICTION OF LIABILITY
The Company shall not be held responsible for any damages or losses of whatsoever nature (direct, indirect or consequential) that may be suffered or incurred by a candidate and/or any Clients; untrue or incorrect information given by the Company or any candidate: any non . disclosure by the Company or any candidate and/or any Client the failure by any Client to undertake or instruct the Company to undertake appropriate reference checks prior to final appointment of a candidate; any error or inaccuracy in or omission from any reference check obtained by the Company or which ought to have been obtained by the Company; recommendations made in good faith by the Company. s officers, employees or agents; the dismissal of any candidate after appointment or misdemeanours committed by any candidate either prior to or after appointment.
a. All documentation prepared and submitted by the Company remains the sole and exclusive property of the Company. All information on and concerning each and every candidate is and shall remain confidential, and shall not be passed on to any third party save and except with the express written approval of the Company upon the conclusion of the mandate. In the event of any Client becoming aware that any associated company or third party might be interested in the candidate, then the Client undertakes to furnish the name and address of such associated company or third party direct. b. Without in any way detracting from the provision of 5.1 above, should a candidate referred to a client by the Company in turn be referred by the Client to an associated organization or any other third party, that latter referral constitutes a valid introduction of the candidate by the Company to the third party and shall entitle the Company to receive payment from the associated company/third party/Client of the full charges/fees to which it is entitled.
10. GUARANTEES AND REFUNDS
10a. The Company shall take all reasonable steps to ensure that candidates submitted for consideration conform with the Client. s specifications. However, responsibility for final selection and appointment of candidates rests solely with the Client. 10b. If, within a period of three months from taking up an appointment, the candidate. s employment with the Client is terminated for a valid reason, the Company undertakes to recruit a replacement at no extra charge to the Client other than the recovery of direct expenses incurred by it in so doing. Alternatively, at the sole discretion and option of the Company, the Company may, in discharge of its obligations in terms of 6.2, a refund in terms of 6.3 shall be paid to the Client. 10c. Should the candidates employment with the Client end within the following periods a refund shall be paid the Client accordingly: If termination occurs during and up to 1 month after taking up employment, then a refund of 80% of the fees paid by the Client to the Company shall be paid to the Client; during and up to 2 months after taking up employment, then a refund of 50% of the fees paid by the Client to the Company shall be paid to the Client; during and up to 3 months after taking up employment, then a refund of 25% of the fees paid by the Client to the Company shall be paid to the Client. 10d. This Guarantee does not apply if due fees have not been paid within thirty days of the selected candidate taking up the appointment, or if the candidate is retrenched. 11. FEES The fees payable to the Company in terms hereof shall be calculated as a percentage of the successful candidate. s expected first year. s remuneration in cash and in kind, according to the standard scale set out below. Where the remuneration/compensation includes commission or other performance-related components, a realistic estimate of the first year. s/compensation will be agreed between the Company and the Client. The standard rate for all mandates will be 18% of the candidate. s package over the full contract period or one year whichever is the shortest. VAT at the standard rate will be levied on the above fees.
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
The information
provided through this service does not offer advice of any kind and
nothing contained in the service is intended to constitute
professional advice for any means. Advice received via this service
should not be relied upon for any decisions and you should consult
with an appropriate professional for specific advice tailored to
your situation. We assume no responsibility for how you use the
information provided through this service. Links to outside sites This website provides links to other web sites that are not controlled, maintained or regulated by us, or any organization affiliated with. We are not responsible for the content of those web sites. Use of information obtained from those web sites is voluntary, and reliance on that information should be undertaken only after an independent review of its accuracy. Reference at those web sites to any specific commercial product, process or service by trade name, trademark or otherwise does not constitute or imply endorsement, recommendation or favoring by us.
Changes to Terms
and Conditions in this Agreement
Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.
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