AGREEMENT TO TERMS
AND CONDITIONS
________________________2008
Barnes Recruitment, a division of Barnes International, CK 2007/186303/23 (a Closed Corporation Company) represented by the Proprietor, Mr Michael Averill Barnes and hereinafter referred to as the Recruitment Agency, of the one part and
________________________________
Represented by
____________________________________________________________________,
as The Customer, of the other part, entered into the present Agreement as follows:
1. SCOPE OF THE CONTRACT
1.1 The Customer assigns and pays for and the Recruitment Agency undertakes obligations for rendering services of search and selection of candidates for available vacant positions, hereinafter referred to as The Specialists, according to the requirements listed by the Customer in the Request (s), what is an integral part of the present Agreement in the form of an Appendix.
2. LEGAL OBLIGATONS OF THE PARTIES
2.1. The Recruitment Agency is obliged:
2.1.1. To perform search and selection of the Specialists, according to the available Request form the Customer.
2.1.2. To prepare and provide the Customer with the information material (CV, recommendations etc.) for the selected Specialists.
2.1.3. To arrange personal, telephonic or other electronic means available, interviews between Customer and the selected Specialists and to take part in the interviews if appropriate.
2.1.4. To implement at its own cost and expense a single replacement of a Specialist, in case of his or her dismissal or discharge within the space of the warranty period, specified in the Request. The Customer shall within 3 (three) workdays from the date of dismissal or discharge of the Specialist inform the Recruitment Agency in writing and specify the date and the number of order on termination (except for cases, when this dismissal or discharge was a result of actual modification of job conditions by the Customer as against to the earlier specified in the Request):
а) In case of dismissal of the Specialist during the hew-hire trial period because of his or her failure to pass the probation
b) In case of the Specialist’s resignation.
2.2. The Customer is obliged:
2.2.1. To provide to the Recruitment Agency the Request (s) with the specification of the Specialists required for the vacant positions with a list of requirements imposed on them.
2.2.2. To enable the Recruitment Agency to familiarize with the Customer’s activity to the extent needed to enter into the present Agreement and to search for the Specialists if applicable.
2.2.3. Within 3 (three) days after the reception of a CV to give consideration to it and let the Recruitment Agency know his opinion about the provided information materials for the Specialist and set a time for the interview.
2.2.4. The Customer makes a final choice of a candidate, he makes a decision about employment or rejection of employment of each provided candidate, and informs the Recruitment Agency about his decision within 3 (three) workdays from the moment of the interview with the candidate.
2.2.5. Provided that the Customer refuses all provided candidates, the Recruitment Agency is entitled to demand a document in writing with specified reasons of the refusal.
2.2.5.1. To sign the Act of Acceptance of the performed work within 5 (five) workdays from the moment when the Specialist starts working. Provided that the Customer fails to sign the Act of acceptance of the performed work within the specified time limits or to provide the reasons of the refusal in writing, the Act is considered to be accepted, and the work is considered to be performed. If the given Specialists starts working with or without conclusion of a contract, the Customer is obliged to inform the Recruitment Agency in writing or orally about the date the candidate (s) starts working. The moment of the actual start of performing by the Specialist any works, or rendering any services on behalf of the Customer is considered to be the fact of starting work by the candidate, selected by the Recruitment Agency. Provided that the Customer fails to fulfill his obligations according to subparagraph 2.2.6 and 3.1, the Recruitment Agency is released from his responsibilities according to the paragraph 2.1.4.
2.2.6. To pay the Recruitment Agency for the performed work of rendering services of selection of the Specialist to the position specified in the Request or to any other vacant position, or to any other structure cooperating with the Customer according to subparagraph 3.1. herein.
2.2.7. The Parties are obliged to consider confidential any obtained information about each other, or used by performance of the present Agreement (concerning customers, partners, business plans etc.).
3. PAYMENT TERMS
3.1. The payment for recruiting of each Specialist shall be made within 15 (fifteen) working days from receipt of invoice.
3.2. The Customer is obliged to pay the invoiced amount in US Dollars equivalent for each vacancy of the present Agreement according to the enclosed Request.
3.3 Provided that the Customer has refused to employ one or several candidates presented by the Recruitment Agency, the Customer within one year from the date of refusal has no right to offer jobs in his organization or to his clients to this Specialist/s in any fashion without previous written agreement of the Recruitment Agency. In case of employment of the above mentioned Specialist/s, the Payment of the Customer in favor of the Recruitment Agency is made according to the paragraph of the Request for the vacancy, which requirements are at most appropriate to the employed Specialist.
3.4 Provided that the Customer employs a Specialist, presented by the Recruitment Agency, under the terms of the present Agreement to any position, unstipulated herein, or recommends such Specialist, for employment by other legal entities or individuals, what results in the employment of the Specialist, the payment by the Customer to the Recruitment Agency is made according to the paragraph of the Request for the vacancy, which requirements are at most appropriate to the employed Specialist.
3.5 In case of employment of several Specialists to the vacancies, specified in the Request (s) of the present Agreement, the payment is made one-by-one for each Specialist as far as they start working.
4. LIABILITY OF THE PARTIES
4.1. In case of payment delay the Customer is charged a penalty fee in favor of the Recruitment Agency at the amount 1% of the delayed sum of the Agreement for each day of delay till the actual fulfillment of the obligation or awarding judgment by the Arbitration court.
4.2. Liabilities of the Parties, unstipulated
herein, are applied according to the legislation in force of the
4.3. The Recruitment agency is not liable for unlawful acts committed by the Specialist or the Customer toward each other.
4.4. The Parties inform each other in writing about all changes in their legal addresses, postal addresses, bank details, and telephone numbers not later than 7(seven) workdays from the moment of such change.
5. SETTLEMENT OF DISPUTES
5.1.1 The Parties settle all disputes between them
by negotiations, if it is impossible the disputes between them are settled in
the Arbitration, Labour or other Courts of the
6. TERM, AMENDMENTS
AND TERMINATION OF THE AGREEMENT
6.1. This agreement becomes effective upon the date of signing by the Parties.
6.2. All amendments during the effectiveness of this Agreement are considered effective if they are made in writing and signed by the Parties.
6.3. The present Agreement is executed in 2 (Two) exemplars, having equal legal force.
6.4. Duration:
Start of effectiveness: _____ of _______________2008.
The expiration date of the Agreement is date of completion of the work for recruiting of the Specialists and mutual settlements of the Parties.
7. LEGAL ADDRESSES AND BANK DETAILS
THE RECRUITMENT
AGENCY:
BARNES RECRUITMENT
Address:
Tel: +27 21 729538801
Fax: +27 865548018
Bank: Standard Bank
Address of Bank: Constantia,
Account Number: 271623047
Branch name: Constantia
Branch Code: 025309
Account name: Barnes International
Type of account: Business Cheque
Swift Code: SBZAZAJJ
THE CUSTOMER:
Name of customer contracting
Address:___________________________________
_________________________________________
Tel.:____________________________________
Bank _____________________________________
________________________________________
Account Number: ______________________________________
Branch :____________________
Branch Code:_____________________
Swift code:_______________________
AUTHORISED
SIGNATORIES
Signed this day
___________ of ____________________, 2008
At
_________________________________________________
BARNES RECRUITMENT NAME
CONTRACTING COMPANY NAME
OF AUTHORISED SIGNATORY
DATE