(NOT for the attention of the Candidate / Employee)

PROFESSIONAL SERVICE AGREEMENT
permanent Appointments / contractual Appointments

Client = Company / Candidate = employee / Agent = Kourie Recruitment

PREAMBLE
In all activities associated with permanent or contractual appointments, Kourie Recruitment acts in the capacity as AGENT and is not deemed to be the employer of the Candidates referred for permanent or contractual positions. 

1. FEES:
1.1 Fees for permanent placements are based on a percentage of the total annual remuneration package offered to the Candidate, this included 13th cheque and car allowance. The percentage fee is calculated at 15% (fifteen percent) of the total annual remuneration package offered to the Candidate.
1.1.1 Two reference checks and a Credit Check are included in the fee. Should a Criminal check be required, this is for the Client's account.
1.1.2 Placement fees are payable within 14 days of Candidate employment start date.
1.2 Fees for placing Candidates on a 'Working Interview' will be calculated on a daily basis, charged weekly and payable strictly within 7 days of date of invoice.
1.2.1 Should a Candidate referred to in 1.2 above be appointed to a permanent position, fees in terms of 1.1 will become due and payable.
1.3 ENGAGEMENT / RE-ENGAGEMENT Kourie Recruitment entitlement to claim placement fees from the Client in terms of Clause 1 above will, in all cases, be where, anytime within a period of 12 (twelve) 
months from date of introduction or re-introduction, the Candidate:-
1.3.1 is permanently engaged by the Client; into the position as given or any alternate position;
1.3.2 is permanently engaged by any other person, associate, subsidiary, to whom the Client had referred 
the Candidate; into the position as given or any alternate position;
1.3.3 having resigned or having had his / her employment terminated, is re-engaged by:
1.3.3.1 the Client; or
1.3.3.2 by any other person, associate, subsidiary to whom the Client had referred the Candidate. 
1.1.4 Should the Candidate be employed by the Client or any other person, associate, subsidiary to whom the Client had referred the Candidate, whereby Kourie Recruitment was effective in the introduction of the Candidate c.v., which preceded the introduction of the Candidate c.v. by any other person, recruitment agency or company, the placement fee will be due and payable. 

2.GUARANTEE:
2.1 Should a Candidate within a period of 90 (ninety) days from commencement of employment-
2.1.1 depart from the company; or
2.1.2 be legitimately dismissed; and provided
2.1.2.1 the Client had itself made payment strictly in terms of this agreement (1. FEES) and
2.1.2.2 the Client within a period of 10 days, notifies Kourie
Recruitment in writing (unless otherwise agreed) of the termination of employment; THEN:
2.1.3 the Client will be entitled to a credit calculated as follows 50% (fifty percent) of the initial fee paid within the first 30 days, 30% (thirty percent) within 31 to 60 days, and 10% within 61 to 90 days. No cash refund.
2.2 The Client will not however be entitled to any credit in circumstances where:
2.2.1 the Candidate's employment is terminated due to any operational requirement
2.2.2 the Candidate is unfairly dismissed
2.2.3 the Client's breach of either this agreement, or their employment contract with the Candidate, or any verbal agreement with the Candidate, causes the Candidate to resign.

3. LIABILITY:
Kourie Recruitment shall endeavor to do all things reasonable to provide a professional service. It will not however be liable for any loss or damage that may be incurred by the Client arising directly or indirectly from any act or omission by any potential Candidate or Candidate placed with the Client.

4. GENERAL CONDITIONS:
4.1 The Client shall notify Kourie Recruitment immediately an engagement of a Candidate occurs.
4.2 To protect the Candidates current position, no reference check with the current employer may be taken without the Candidates prior approval. The Candidate's C.V. is submitted in confidence.
4.3 Where the Candidate introduces additional Candidates to the Client for the specific position or alternate positions, to which the Candidate was referred, and those Candidates are subsequently employed on a permanent or contractual basis by the client, any other person, subsidiary, or associate to whom the Client had referred the Assignee, the 'professional service agreement' will apply.
4.4 Networking or fee negotiating with any other recruitment agency will be at the sole discretion of Kourie Recruitment, such fees negotiated will not exceed 35% of the placement fee, payable by Kourie Recruitment upon receipt of payment from the Client.
4.5 Kourie Recruitment accepts no liability whatsoever, accepts no claims of any nature levied against it, including any loss or damage, to any person, property or otherwise, sustained by the Client, arising directly or indirectly through any submission, introduction, or placement of permanent, temporary or contractual staff.
4.6 Invoice and Statement settlement amounts are based on figures as given to Kourie Recruitment by the candidate recruited or by the Client. Kourie Recruitment accepts no liability whatsoever, accepts no claims of any nature levied against Kourie Recruitment, including any loss or damage, sustained by the Client, arising directly or indirectly by incorrect Invoice or Statement amounts. We do all reasonable administration to ensure accuracy. It is ultimately the Client’ responsibility to ensure accuracy against Candidate total Annual Remuneration package.
4.7 In some instances the details of our Candidate, may already exist, on the Client Company Data Base or similar. Upon receiving from us the details and or c.v. of our Candidate, the Client Company may only state that the Candidate is already known to the Client Company, if the Client Company records clearly reflect that within a 6 (six) month period, as at date and time of receipt of our Candidate details and or c.v. from us, the Candidate had been interviewed by the Client Company for the specific position/s to which we are promoting the Candidate. Failing which, the Client Company agrees that the Candidate introduction and proceeding thereafter is that of Kourie Recruitment.

The terms and conditions as stated herein are between Kourie Recruitment and the Client. Acceptance of any of Kourie Recruitment services, including the acceptance of any Candidate Curriculum Vitae, deems agreement to and acceptance of the terms and conditions contained herein. The service agreement is binding, whether or not it is signed by the Company.

This service agreement is subject to change by Kourie Recruitment, effective 30 days from date of change.

Please ensure that the company is familiar with the terms and conditions herein. Please email any query or rejection of these terms within 7 days of receipt of this service agreement, failing which this service agreement is binding applicable from the first service or first C.V. submitted by Kourie Recruitment. The website address also contains the service agreement, which may be viewed / printed by the Company.

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