Terms of business

Part A — Employers

1. Introductions

An “introduction” happens when we send you a candidate's details, in any form, for a vacancy or generally. Requesting a shortlist, interviewing a candidate we introduced, or accepting these terms in the client portal constitutes acceptance of these terms.

2. Fees

Our fee for a successful placement is the percentage of the candidate's first-year total cost to company agreed for the role (between 15% and 20% for contingency searches; 20% to 30% for retained searches), excluding VAT where applicable. “Total cost to company” includes basic salary, guaranteed allowances, employer contributions and guaranteed bonuses. Where the package is not disclosed to us we may estimate it reasonably from market data.

3. When the fee is payable

The fee is invoiced on the candidate's start date and payable within 14 days. For retained searches, instalments are invoiced as agreed in writing. No fee is payable if you do not engage a candidate we introduced.

4. Ownership of introductions

If you, or a company related to you, engage a candidate we introduced within 12 months of the introduction, in any capacity and for any role, the fee is payable. If a candidate is already in active discussion with you when we introduce them, tell us in writing within five working days of the introduction and no fee will apply.

5. Replacement guarantee

If a placed candidate resigns or is dismissed for performance within 90 days of starting, and our invoice was paid on time, we will conduct one replacement search for the same role at no additional fee. The guarantee does not apply to redundancy, restructuring, a material change to the role, or dismissal for reasons unrelated to performance.

6. Your obligations

You confirm that vacancies you brief us on are genuine, that you will treat candidate information as confidential and use it only for recruitment, that you will not pass it to third parties, and that your recruitment decisions comply with the Employment Equity Act and the Labour Relations Act. You are responsible for verifying qualifications and conducting any checks beyond those we confirm in writing.

7. Our obligations

We will act honestly and with reasonable skill and care, present only candidates we have spoken to, disclose anything material we know about a candidate's suitability, and comply with the Employment Services Act and POPIA. We do not guarantee that any candidate will accept an offer or remain in employment.

8. Liability

Our total liability arising from any placement is limited to the fee paid for that placement. We are not liable for indirect or consequential loss. Nothing in these terms excludes liability that cannot be excluded by law.

Part B — Candidates

9. No fees

We never charge candidates any fee or deduct anything from your salary. Charging work-seekers is prohibited by the Employment Services Act, 4 of 2014.

10. Accuracy

You confirm that the information in your profile is true and that you hold the qualifications and right to work you state. We may verify qualifications, references and identity with your knowledge.

11. Your say-so

We will not disclose your identity or contact details to an employer without your agreement for that specific role. You may withdraw from a process at any time by telling us.

12. Your data

Our privacy notice forms part of these terms.

General

These terms are governed by the law of the Republic of South Africa. Questions: info@effektstudios.com.