AGREEMENT BETWEEN “RPO Staffing LLC” (“RPO Staffing”) & THE CLIENT
- INTERPRETATION & DEFINITIONS:
- “Candidate” means the “potential employee” as defined as the persons to whom “RPO Staffing” Clients may be introduced, with a view to entering into contracts of
- “Client” means an “Employer”
- “Employment” means work undertaken and carried out by a Candidate on behalf of a Client and whether such work is undertaken by such Candidate in his personal capacity or in a representative capacity (including consulting or independent contracting) and without derogating from the generality of the foregoing, undertaken on behalf of a corporation, company, partnership or
- “Introduction” means the solicited or unsolicited introduction of a Candidate to the Client by “RPO Staffing”, by means of inter alia:
- forwarding a Candidate’s resume, to the Client,
- arranging an interview between the Candidate and the Client;
- receipt by the Client of a resume of the Candidate delivered by “RPO Staffing” by, ordinary mail, registered mail, e-mail, hand delivery or any other
- “Base Annual Salary” means the Candidate’s base salary to be paid to the Candidate during their first year of
- ACCEPTANCE OF TERMS AND CONDITIONS
In the event of the Client failing to sign these terms and conditions, then the interviewing or appointing (whether permanent, temporary or limited-duration) of a Candidate within a period of 12 (twelve) months from date of introduction or subsequent re-introductions, will be deemed to be acceptance by the Client of these terms and conditions and shall be bound thereto.
- “RPO STAFFING’S REMUNERATION AND GUARANTEE PERIODS
- Should Candidates of “RPO Staffing” be employed by the Client within 12 (twelve) months of the from the last date of introduction or referral to the Client by “RPO Staffing”, regardless as to whether the employment of the Candidate arose directly or indirectly from the introduction of the Candidate, the Client shall then be liable for a fee in accordance with the normal terms and conditions as set out in this agreement.
- If the Candidate is appointed the Client shall pay to “RPO Staffing” a placement fee calculated as a percentage of the Candidates Base Annual Salary as follows:
- The fee applies to Candidates referred by “RPO Staffing” and employed by you.
- Unless specifically agreed otherwise, Employment shall be deemed to be permanent in nature.
- Payment shall be made to “RPO Staffing” by the Client within 21 (twenty-one) days from commencement date of
The benefits of the Guarantee Period will only apply if:
- The placement fee is paid by the Client in full (or as agreed) to “RPO Staffing” within 21 (twenty-one) days from commencement date of
- Written notice is given to “RPO Staffing” within seven (7) days of termination date or resignation of
- The Candidate gives notice or leaves the employ of the Client by his own volition within the guarantee period of employment, and not by reason of being dismissed by the Client due to technical incompetence, retrenchment, reorganization; elimination of responsibilities ; material change in responsibilities; redundancies or unfair
If “RPO Staffing” is not able to source an applicant as per the client’s job specifications/requirements within 60 (sixty) days, a credit note will be given to the Client based on the following days if employment is terminated from date of commencement:
- 1-30 days 65% of placement fee
- 31-60 days 45% of placement fee
- 61-90 days 25% of placement fee
- After 90 (ninety) days of permanent employment from commencement date, the guarantee for permanent appointments becomes invalid, and “RPO Staffing” will not be liable should an applicant’s permanent employment be terminated.
- A credit (credit note) that has not been utilised after 6 (six) months of issue date will be forfeited.
You agree that should you breach this agreement and fail to remedy such breach within 20 (twenty) days of written notice requiring the breach to be remedied then “RPO Staffing” will claim payment of liquidated damages. Take note that you will be liable for attorney and client legal fees incurred and Interest will be charged from 90 (ninety) days of failure to pay at a rate of 2.0% per month.
Although extreme care and caution is taken by “RPO Staffing” to screen a Candidate, “RPO Staffing” shall not be responsible for any conduct or actions of the Candidate or for financial loss caused by the actions or omissions of the Candidate. Furthermore, “RPO Staffing” shall not be responsible for any errors or omissions concerning information furnished in respect of the Candidate. The Client indemnifies “RPO Staffing” against loss, damages or costs suffered or incurred by the Client as a direct or indirect consequence of the introduction or procurement of a Candidate.
All information provided to the Client concerning the Candidate must be treated in the strictest of confidence and the Client is precluded from contacting in any way whatsoever the Candidates past or present employers without the prior written consent of “RPO Staffing”. The Client indemnifies “RPO Staffing” against loss, damages or costs suffered or incurred by “RPO Staffing” as a result of the Client breaching this confidentiality clause.
- “RPO Staffing” is not liable for any loss or expense, due to the introduction of a Candidate to a Client.
- The Client must provide full information to “RPO Staffing” as to the nature of the work concerned, the qualifications and experience required of the Candidate and the probable salary applicable.
- “RPO Staffing” will or may introduce a suitable candidate to the Client pursuant to a direct request by the Client or at “RPO Staffing’s” sole initiative.
- The Client undertakes to advise “RPO Staffing” immediately as to whether the Candidate is to be appointed or not, and if appointed the intended duration of appointment and the Base Annual Salary attached to the
- If the appointment is only temporary or contractual, the Client shall indicate the period of such employment.
- No Contrary Agreements. This agreement supersedes any prior agreements or understandings.
- These terms and conditions set forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all oral and written agreements and understandings relating thereto. No waiver, alteration, modification, or cancellation of any of the provisions of these terms and conditions shall be binding unless made in writing and signed by each of the parties hereto. “RPO Staffing’s”’ failure at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. These terms and conditions shall be binding upon, and inure to the benefit of, “RPO Staffing” and its legal representatives, successors and assigns. If any of the provisions of these terms and conditions are determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provisions shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect; provided, however, that with respect to any material provision so severed, the parties shall negotiate in good faith to achieve the original intent of such provision.
- Our employees do not have the authority to verbally modify this agreement and the terms herein or to assume additional responsibilities other than those set out in this agreement
- Contractual & Temporary appointments for duration of twelve months or longer will be done at the stipulated placement fee in this agreement however “RPO Staffing” reserves the right to charge higher rates for shorter duration contracts.