Terms and Conditions

1. Terms and Conditions pertaining to the use of this website:

RecruitMyMom PTY LTD (referred to herein as “RecruitMyMom.co.za,” "We," "Us", “Website” "RMM" or collectively, as "Company" “RMM”). The terms "You" and "User" as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to, "Employers" (person or entity that is accessing the Website to post a job or for any reason related to the purpose of seeking candidates also referred to as Client) and "Candidates" (a User who is accessing the Website to search for a job or in any other capacity except as an Employer). 

These Terms and Conditions are effective as of August 2012.

Use of material on the website:

RMM authorizes you to view the material (defined below) on the website and in emails from the website solely for the purpose of locating and recruiting potential candidates (if you are an employer and for the purpose of seeking employment opportunities (if you are a job seeker).

Website intention & user responsibilities:

  • The Website is intended for i) individuals seeking employment and for employers seeking candidates for employment ii) networking facilitation for members of the site.

  • You may use this Website only for lawful purposes within the stated context of the Website's intended and acceptable use.

  • RecruitMyMom.co.za is the sole interpreter of the Website's intended and acceptable use. As a job seeker, this authorizes you to view the material on the Website and in emails from the Company solely for your personal, non-commercial use. As Work provider, you agree that you are solely responsible for the content of any document and written communication you post to the Website and any consequences arising from such posting. Your use of the Website is a privilege.

  • RecruitMyMom.co.za reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion. 

  • RecruitMyMom.co.za reserves the right to accept or reject whomsoever it feels can or cannot be a member of the site.

You agree not to use the Website or Service to:

  • respond to postings by other Users in any manner or for any purpose other than that which is expected. Communications or behaviours soliciting a RecruitMyMom.co.za Client’s business, by our members or competitors are prohibited.

  • submit content that is implicitly or explicitly offensive (i.e., engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual); harasses, incites harassment or advocates harassment of another any group or individual; involves the transmission of promoting or endorsing false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

  • send unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited mass mailing or "spamming") to Users.

  • collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.

  • directly or indirectly, intentionally disrupt or interfere with the Website or Services in any manner that may materially adversely affect RecruitMyMom.co.za, you or any third party.

  • submit, upload, post, e-mail or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

  • submit, upload, post, e-mail or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, passwords or other similar information.

  • to delete or revise any material posted by any other person or entity.

  • use the Website or Services for any purpose or in any manner that violates any local law or regulation or the law or regulation of any foreign government including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers.

  • if at any time during the term of this agreement RMM comes to the understanding that you misled RMM about your qualifications, work experience, business practices and/or services RMM reserves the right to terminate this agreement.

Report inappropriate postings or member conduct to us using the “Contact Us” page.

Website Job and CV Posting Rules:

RMM is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Website suspended or terminated, at RMM's discretion. RMM reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions.

(a) Your Document may not contain: (i) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (ii) trade secrets (unless you own them or have the owner's permission to post them); (iii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iv) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (v) anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity. 


(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, E-mail Processors, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise. 


(c) Your document(s) must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity. Documents from any third party charging a fee are prohibited. 


(d) Job postings must be individual openings for traditional job seekers. You may not use this website to collect personal information or candidates details for competitive purposes.

 (e) RecruitMyMom.co.za is under no obligation to monitor the documents posted on the website, but it does monitor documents regularly. Documents found to violate the Posting Rules will be removed at RecruitMyMom.co.za's discretion.

Website Conduct Rules:

You are responsible for all content that you upload, input, submit, post, e-mail or otherwise transmit using the Website or Services. Likewise, you are responsible for respecting RecruitMyMom.co.za's rights with respect to content that appears on the website and not to download, e-mail or otherwise transmit such content in violation of RecruitMyMom.co.za's and third parties' rights. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

  3. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing"

  4. sending unsolicited e-mail, including promotions and/or advertising of products or services

  5. 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.  

  6. Collection of candidate information and CV’s for competitive commercial gain.

  7. Collection of Clients for competitive commercial gain.

2. Summary Table of RMM Services

Service Offered Permanent Placement Temporary Contract Commission Only
Basic Service Premium Service Fixed Duration Freelance/Consultant
Free job posting. Y Y Y Y N
A Recruitment Manager will contact you. This person will assist you as your primary contact. Y Y Y Y Y
The job is posted on our Job Listing page for all our job seekers to view. Y Y Y Y Y
Job seekers on our database are informed of the job via email. Y Y Y Y Y
The job is advertised on all our social media platforms. N Y Y Y N
Applications are sifted and short-listed by our professional Recruitment Managers. N Y Y Y N
Application notifications are sent directly to your email inbox. Y N N N Y
View the CV applications on-line. Y N/A N/A N/A Y
Ask the candidates questions via on-line. Y N/A N/A N/A Y
First round interviews are conducted by a professional Recruitment Manager. N Y Y Y N
Final round interviews conducted by you the client. Y Y Y Y Y
Qualify for a warranty? 45 days 3 Months Replace** Replace N
Benefit from our level 4 rated BEEE status. Y Y Y Y Y
Fee/Charge rate upon success (See our T&C's). 5% 10% Salary dependent* Rate is skill & experience dependent.* R850
* A Recruitment Manager will discuss the fee upon receipt of the job specification posted on the site. ** LRA requirement compliant 

3. Summary Table of RMM  Fees - Jan 2017 

Employers simply pay upon successful placement, that's it! 

Moms join Free.

Choose from over 100 different skills. 




Job Type 

 

Fee Structure excluding VAT 14%

 

 

 

Permanent Full or Part-time appointments

 

 

Basic Service

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5% Annual Cost to Company

Premium Service

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10% Annual Cost to Company

Fixed/Limited Duration Contracts

(Contracts for a fixed/Limited period of time. e.g. Temps, maternity cover, sick leave cover. Specific Salary for a specific period for a justified reason.) 

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Rate per hour ZAR

Fee

1-100

17%

101 - 300

15%

301 +

12%

Independent Contractors

(Consultants, Freelancers or virtual assistants working contractually for RecruitMyMom for an unspecified period) 

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The charge out rate is based on the level of experience and skill required for the role. The rate is market and industry related. The rate is discussed per client upon receipt of a job spec on the site. 

Commission Only Positions

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R850 upfront fee.

If more than one candidate is appointed R850 per additional candidate is billed.

4. Client T&C’s pertaining to the appointment of a RMM Candidate:

4.1. Permanent Placements

1. DEFINITIONS

  1. ‘AGREEMENT’ shall mean the provisions contained herein together with any appendices.

  2. ‘APPLICABLE LAW’ shall mean the laws of South Africa.

  3. ‘CANDIDATE’ refers to any person selected and introduced to The Client by RecruitMyMom (PTY) LTD. Also referred to as RecruitMyMom-candidate or RMM Consultant for the purposes of this contract.

  4. ‘CLIENT’ refers to the person, job-provider or company to whom RecruitMyMom provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RMM-Client or job-provider.

  5. ‘COMPANY’ refers to RecruitMyMom (PTY) LTD, a recruitment agency performing placement services, also herein referred to as RecruitMyMom.co.za or RMM.

  6. ‘CONFIDENTIAL INFORMATION’ shall mean any information that may be a trade secret as well as communications of a confidential nature relating to the business of the Client and its associates.

  7. ‘EFFECTIVE DATE’ shall mean the date of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.

    1. ‘FEES’ shall mean the Placement Fees and reimbursable expenses payable by the Client to RecruitMyMom (PTY) LTD for performing placement services;

    2. ‘PARTY’ shall mean either the Client or the Company or the Candidate, as the case may be.

    3. ‘PARTIES’ shall mean both the Client and the Company or the Company and the Candidate, as the case may be.

    4. ‘PERSONNEL’ shall mean persons employed by the Client or the Company.

    5. ‘PLACEMENTS’ shall mean acceptance of a RMM-Candidate to perform services to a Client on either Full-Time Permanent Placement (standard employment) or Part-Time Permanent Placement (more than 24 hours per month)

    6. ‘SERVICES’ shall mean those services requested by the Client and agreed to by the RMM-Candidate or RMM-Consultant.

2. INTERPRETATION

2.1 This agreement constitutes the sole memorandum of agreement between the parties relating to the subject matter hereof and no variation or addition hereto or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties.

2.2 No indulgence granted by either party in regard to the enforcement of its rights under this agreement shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to estop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.

2.3 This Agreement contains all the express provisions agreed on by the Parties with regard to the Services and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.

2.4 Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written consent of the other Party.

2.5 Invalid Provisions:- If any provision contained in this Agreement is rendered void, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

3. PREAMBLE

It is recorded that:-

3.1 RecruitMyMom is a web based recruitment agency that specialises in matching skilled candidates to companies that offer meaningful standard and non-standard employment, being full-time permanent or part-time permanent jobs, fixed-duration jobs and consulting work.

3.2 The purpose of this document is to provide for the terms and conditions in terms of which RMM-Candidates are matched with the Client and in terms of which RMM undertakes to avail the Candidate to the Client for Full-Time Permanent Placement (standard employment) or Part-Time Permanent Placement (non-standard employment.)

3.3 Nothing in this Agreement shall be construed as constituting employment service or temporary employment service as contemplated in section 198 of the Labour Relations Act, 55 of 1995, or any other applicable statute or law. The Parties hereby expressly acknowledge and agree that notwithstanding any interpretation of this Agreement, directly or indirectly or in any manner whatsoever, it is not the intent of the Parties to enter into any agreement that may create an employer-employee relationship, whether temporary or otherwise, or any other relationship that may fall within the ambit of the Labour Relations Act, the Basic Conditions of Employment Act or any other act or regulation that is applicable to issues of employment.

4. DURATION

4.1 This agreement shall be deemed to have commenced on the date of signing, or, upon engagement of the introduced RMM Candidate by the Client, whichever is earliest.

5. INTRODUCTION OF RMM-CANDIDATES

5.1 RecruitMyMom has a membership network of thousands of skilled, experienced candidates throughout South Africa.

5.2 In the case where any RMM-Candidate is introduced to the Client through the RMM network, and the Client hires the RMM-Candidate in any capacity, within 1 (one) year of referral, the Client will be liable to pay RMM a recruitment fee.

5.3 The Client will be invoiced by RMM, according to either the service level agreed upon when posting the job (Basic, Premium, Fixed Duration or Consultant) or according to the RMM fee structure of the actual position offered to the Candidate by the Client, should the engagement of the RMM-Candidate differ from the initial service level posting on the RMM Network.

5.4 The Client acknowledges and undertakes to contact RMM immediately should the Candidate approach the Client in order to secure placement directly.

5.5 The Client agrees that it shall at no time approach any of RMM Candidates or staff directly, with a view to employing them, or with a view to gain any information about RMM finances, methods of payment, working practices or any company information whatsoever. 

5.6 Should the Client fail to inform RMM of the appointment of a RMM-Candidate prior to the actual engagement of the RMM-Candidate, the Client will automatically be invoiced for a Premium service placement fee (ten percent of annual cost to company for permanent placements) and subject to clause 5.3 supra.

5.7 RecruitMyMom (PTY) LTD personnel are not for hire by our clients. Should they leave the employ of RMM and be employed by a client within 1 (one) year, a full Premium Service Placement fee will be applicable.

  1. PLACEMENTS AND FEES

 

6.1 In the case where any RMM-Candidate is introduced to the Client through the RMM network, and the Client hires the RMM-Candidate in any capacity, within 1 (one) year of referral, placement will have taken place and the Client hereby agrees that he/she is liable to pay RMM the relevant recruitment fee based on the actual placement.

6.2 A Permanent placement fee is calculated as a percentage of the candidates cost to company for a year. Clients can opt for a Basic Service Level Fee or a Premium Service level fee at the time of posting the job on the RMM Website.

6.3 The Basic Service Level fee is 5% and Premium Service Level Fee is 10% of the RMM-Candidates annual cost to company.

6.4 RMM is a VAT registered company and our fees agreed exclude VAT. Our VAT registration number is 4860271271.

6.5 Payment is due on or before the due date of the invoice received. A copy of a signed letter of appointment or employment contract is required as part of the warranty.

6.6 Payment: Amounts due to RMM shall be paid in full on the date of receipt of invoice. Internet transfers would be preferred. Cash payments  into the account number given, requires a 3 % handling fee, cheque payments requires an additional ZAR40.00 handling fee as the bank charges a fee for such deposits.

6.7 A fee of R100 will be added to your account for collection expenses and any accounts which are outstanding for longer than 30 days will be handed over for collection. Interest at 2.5% per month will be added on outstanding accounts of longer than 30 days. To avoid these extra charges, prompt payment is necessary.

7. WARRANTY FOR PERMANENT PLACEMENTS

7.1 Each Party warrants that this Agreement has been duly authorized by it and has been entered into by a duly authorized representative, and that all consents, licenses, permits and authorizations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Agreement and to perform all its obligations hereunder.

7.2 Should the permanent placement of the RMM-Candidate not be successful and the services of the Candidate is terminated lawfully by the Client, as per the provisions of the LRA, RMM will attempt to replace the candidate with another candidate and no additional placement fee will be charged for the 2nd placement.

7.3 This warranty is on condition that:

(a) there is no difference between the remuneration of candidates. Should there be a difference in remuneration, the difference will be worked into the fee reconciliation.

(b) the invoice for the original candidate was paid on or before the due date of the invoice;

(c) a copy of the signed letter of appointment or employment contract was received by RMM from client prior to the candidate start date.

7.4 Should a suitable replacement candidate not be found within 45 days, from the date of receiving a written request to replace the successful candidate by the Client, and conditions (b) and (c) of clause 7.3 have been fulfilled, the following refund will be applicable:

Premium Service level

  • Within 30 days a credit of 80% of the fee to apply

  • Within 60 days a credit of 60% of the fee to apply

  • Within 90 days a credit of 40% of the fee to apply

Basic Service level

  • Within 30 days a credit of 80% of the fee to apply

  • Within 45 days a credit of 60% of the fee to apply

8. CONFIDENTIALITY

8.1 All information regarding each and every RMM-Candidate is and shall remain confidential, and shall not be passed on to any third party, except with the written approval of RMM. In the event of the Client becoming aware that any associated company or third party might be interested in the RMM-Candidate, the Client undertakes to furnish the name and contact details of such a third party to RMM, who shall be entitled to contact the associated company directly and invoice accordingly.

8.2 For the protection of the Client, RMM and the Candidates alike, RMM undertakes not to divulge any information concerning candidates or clients to any outside/third party.

9. REFERENCE CHECKING

9.1 In order to safeguard the confidentiality of candidates, extensive enquiries are not, as a general rule, made to the present or previous employers of candidates at interview stage, unless candidates have specifically authorized RMM to do so. It is customary for reference checking to be undertaken only at the stage when, subject to satisfactory reference checking, the Candidate will receive an offer of employment.

9.2 Reference checking, if authorized by the RMM-Candidate, will only be done on the written request of the client and may include a credit bureau check, a criminal conviction check and any other reasonable relevant reference check as may be required by the client. These will be charged separately.

10. WORKING HOURS

10.1 As the RMM-Candidate will be appointed on permanent basis as an employee of The Client, the working hours are generally expected to be as agreed between the parties.

10.2 As remuneration is based on the agreed working hours, and the placement fee is based on the remuneration of the RMM-Candidate, the working hours are central to this agreement and will be agreed upon between the parties.

10.3 The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of The Basic Conditions of Employment Act, 75 of 1997.

10.4 Part-Time or Flexible working hours are regarded as any hours fewer than 45 hours per week but more than 24 hours per month, and are generally agreed between the parties.

11. INDEMNITY AND LIMITATION OF LIABILITY

11.1 RMM shall not be held responsible for any damages or losses of whatsoever nature that may be suffered or incurred by the client arising from RMM providing incorrect or inaccurate information regarding a Candidate, non-disclosure by RMM to the Client relating to any Candidate, the error or inaccuracy in or omission from any reference check obtained by RMM or which ought to have been obtained by RMM, recommendations made in good faith by RMM’s employees, or arising from the conduct of any candidate after the appointment or the dismissal of any candidate after the appointment.

12. TERMINATION

12.1 RMM may, by not less than 10 days’ written notice to the Client, terminate this Agreement:-

12.1.2 If the Client fails to pay any money due to RMM within 10 days after receiving written notice from RMM that such payment is overdue.

12.2.2 If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 10 days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Client of the COMPANY notice specifying such breach.

13. DISPUTES

13.1 The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. Each Party shall nominate a senior representative of its management to meet at any mutually agreed location to resolve the dispute. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with Clause 13.2

13.2 In the event of any dispute failing to be resolved through negotiation as per clause 13.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.

13.3 Such arbitration shall be held at Cape Town and in a summary manner on the basis that it shall not be necessary to observe or carry out the strict rules of evidence or the strict formalities or procedures prescribed under the arbitration laws so that there shall be no written pleadings or evidence or formal discovery of documents, except insofar as required by the arbitrator but otherwise the arbitration shall be conducted according to the procedures prescribed by the arbitration laws of the Republic of South Africa.

13.4 Such arbitration shall be held as soon as practicably possible and with a view to it being completed within 21 (twenty-one) business days after it is demanded, having regard to any urgency with respect to the matter in issue.

13.5. The arbitrator shall decide the matter submitted to him according to what he considers just and equitable in the circumstances and shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially.

13.6 The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

13.7 The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.

13.8 Notwithstanding anything to the contrary herein contained, either party shall be entitled to apply for urgent relief in any civil court in respect of any matter arising out of this agreement.

14. GOVERNING LAW AND JURISDICTION

 

14.1 Regardless of the place of execution, performance or domicile of the parties, this Agreement shall be governed according to the laws of the Republic of South Africa, and the Parties submit to the authority of any South African court having the requisite jurisdiction over them.

 

15. NON-WAIVER / VARIATION

 

15.1 This Agreement constitutes the entire agreement between the Parties regarding the matters set out herein or related thereto and no representations or warranties not set out in writing in this Agreement shall be binding upon the Parties. No variation, abandonment or waiver of rights or obligations under this Agreement or consensual cancellation of the Agreement, shall be binding unless it is in writing and signed by the Parties.

4.2. Limited/Fixed Duration Contracts

  1. DEFINITIONS

    1. ‘AGREEMENT’ shall mean the provisions contained herein together with any appendices.

    2. ‘APPLICABLE LAW’ shall mean the laws of South Africa.

    3. ‘CANDIDATE’ refers to any person selected and introduced to The Client by RecruitMyMom (PTY) LTD. Also referred to as RecruitMyMom-candidate or RMM Consultant for the purposes of this contract.

    4. ‘CLIENT’ refers to the person, job-provider or company to whom RecruitMyMom provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RMM-Client or job-provider.

    5. ‘COMPANY’ refers to RecruitMyMom (PTY) LTD, a recruitment agency performing placement services, also herein referred to as RecruitMyMom.co.za or RMM.

    6. ‘CONFIDENTIAL INFORMATION’ shall mean any information that may be a trade secret as well as communications of a confidential nature relating to the business of the Client and its associates.

    7. ‘EFFECTIVE DATE’ shall mean the date of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.

    8. ‘FEES’ shall mean the Placement Fees and reimbursable expenses payable by the Client to RecruitMyMom (PTY) LTD for performing placement services;

    9. ‘LIMITED or FIXED TERM EMPLOYMENT’ refers to non standard employment, where the term/duration of employment terminates on the occurance of a specific event or the completion of a specified task or project or on a fixed date other than the employee’s normal or agreed retirement age.

    10. ‘PARTY’ shall mean either the Client or the Company or the Candidate, as the case may be.

    11. ‘PARTIES’ shall mean both the Client and the Company or the Company and the Candidate, as the case may be.

    12. ‘PERSONNEL’ shall mean persons employed by the Client or the Company.

    13. ‘PLACEMENTS’ shall mean acceptance of a RMM-Candidate to perform services to a Client on Limited or Fixed duration Agreement.

    14. ‘SERVICES’ shall mean those services requested by the Client and agreed to by the RMM-Candidate or RMM-Consultant.

  2. INTERPRETATION

    1. This agreement constitutes the sole memorandum of agreement between the parties relating to the subject matter hereof and no variation or addition hereto or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties.

    2. No indulgence granted by either party in regard to the enforcement of its rights under this agreement shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to estop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.

    3. This Agreement contains all the express provisions agreed on by the Parties with regard to the Services and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.

    4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written consent of the other Party.

    5. Invalid Provisions:- If any provision contained in this Agreement is rendered void, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

  3. PREAMBLE

It is recorded that:-

  1. RecruitMyMom is a web based recruitment agency that specialises in matching skilled candidates to companies that offer meaningful standard and non-standard employment, being full-time permanent or part-time permanent jobs, fixed-duration jobs and consulting work.

  2. The purpose of this document is to provide for the terms and conditions in terms of which RMM-Candidates are matched with the Client and in terms of which RMM undertakes to avail the Candidate to the Client for a fixed or limited duration or for a specific project.

  3. Nothing in this Agreement shall be construed as constituting employment service or temporary employment service as contemplated in section 198 of the Labour Relations Act, 55 of 1995, or any other applicable statute or law. The Parties hereby expressly acknowledge and agree that notwithstanding any interpretation of this Agreement, directly or indirectly or in any manner whatsoever, it is not the intent of the Parties to enter into any agreement that may create an employer-employee relationship, whether temporary or otherwise, or any other relationship that may fall within the ambit of the Labour Relations Act, the Basic Conditions of Employment Act or any other act or regulation that is applicable to issues of employment.

  4. DURATION

    1. This agreement shall be deemed to have commenced upon engagement of the introduced RMM Candidate by the Client or on the date of signing, or, whichever is earliest.

    2. The agreement will automatically lapse as specified in Schedule 1 (provided at the time of appointment).

    3. The Placement Fee is calculated as a percentage of the RMM-Candidates remuneration, for the duration of the contract and any agreement to extend the duration of the contract will automatically result in the extension of this agreement for the same period of extension.

    4. Should there be a justifiable reason for the extension of the fixed duration agreement with the RMM-Candidate, a new agreement will be put into place and the fee will be renegotiated.

  5. INTRODUCTION OF RMM-CANDIDATES

    1. RecruitMyMom has a membership network of thousands of skilled, experienced candidates throughout South Africa.

    2. In the case where any RMM-Candidate is introduced to the Client through the RMM network, and the Client hires the RMM-Candidate in any capacity, within 1 (one) year of referral, the Client will be liable to pay RMM a recruitment fee.

    3. The Client will be invoiced by RMM, according to either the service level agreed upon when posting the job (Basic, Premium, Fixed Duration or Consultant) or according to the RMM service level Fee (Premium, Fixed Duration or Consultant) of the actual position offered to the Candidate by the Client, should the engagement of the RMM-Candidate differ from the initial service level posting on the RMM Network.

    4. The Client acknowledges and undertakes to contact RMM immediately should the Candidate approach the Client in order to secure placement directly.

    5. The Client agrees that it shall at no time approach any of RMM Candidates or staff directly, with a view to employing them, or with a view to gain any information about RMM finances, methods of payment, working practices or any company information whatsoever. 

    6. Should the Client fail to inform RMM of the appointment of a RMM-Candidate prior to the actual engagement of the RMM-Candidate, the Client will automatically be invoiced for a fixed term contract placement fee subject to clause 5.3.

    7. RecruitMyMom (PTY) LTD personnel are not for hire by our clients. Should they leave the employ of RMM and be employed by a client within 1 (one) year, a full Premium Service Placement fee (ten percent of annual cost to company for permanent placements) will be applicable.

  6. PLACEMENTS AND FEES

    1. In the case where any RMM-Candidate is introduced to the Client through the RMM network, and the Client hires the RMM-Candidate in any capacity, within 1 (one) year of referral, the Client will be invoiced an upfront placement fee for the duration of the employment contract.

    2. A Fixed Term Placement Fee is calculated as a percentage of the RMM-Candidate’s remuneration, for the duration of the contract. Schedule 1 (provided at the time of appointment) shall be signed by the parties to this agreement and shall form part of the agreement.

    3. No alterations or additions to the services of the RMM-Candidate as reflected in Schedule 1(provided at the time of appointment) of the agreement, may be made without informing RMM. Neither Party may affect any change of whatever nature to the scope of the Services outlined in the Schedule(s), without the prior written approval of the other Party.

    4. Should the scope and parameters of the Services change materially after the signing of this Agreement, the Parties shall draw up and sign a new Agreement which the new Agreement will cancel and revoke the terms and provisions of this Agreement.

    5. The Client shall appoint one of its employees as its representative and The RMM Candidate shall report to this representative.

    6. The RMM-Candidate shall comply with all the Client’s regulations, practices, and instructions and with all applicable laws and regulations issued by any competent authorities, and the Client shall specifically instruct The RMM Candidate to this effect.

    7. In the event of a serious breach of the Client’s security or a violation of the Client’s policies and procedures, the Client’s right of termination as per the provisions of the Labour Relations Act is recognised. The RMM Candidate shall therefore ensure that she is aware of the Client’s Rules and Policies and agrees to act according thereto.

    8. RMM is a VAT registered company and our fees agreed exclude VAT. Our VAT registration number is 4860271271.

    9. Invoicing is done upfront for the full duration of the contract and payment is due before or on the start date of the RMM candidate.

    10. Payment: Amounts due to RMM shall be paid in full on the due date of the invoice. Internet transfers would be preferred. Cash payments  into the account number given, requires a 3 % handling fee, cheque payments requires an additional ZAR40.00 handling fee as the bank charges a fee for such deposits.
    11. A fee of R100 will be added to your account for collection expenses and any accounts which are outstanding for longer than 30 days will be handed over for collection. Interest at 2.5% per month will be added on outstanding accounts of longer than 30 days. To avoid these extra charges, prompt payment is necessary.

  7. CONTRACT TO PERMANENT PLACEMENT FEE

    1. In the event that a Fixed Term employee, as introduced by RMM, is appointed permanently by The Client, a permanent placement fee of ten (10) percent of the First years remuneration including bonuses, allowances and commissions becomes applicable.

    2. The parties agree that this amount is what RMM will lose by way of income and agree that no further proof of loss of income is required in this respect.  In the event that RMM needs to recover this amount from the job-provider the job-provider acknowledges that it would be liable for legal fees on an attorney and own client basis.  This paragraph is without prejudice to any and all other legal rights that RMM may have against the client.

  8. CONFIDENTIALITY

    1. All information regarding each and every RMM-Candidate is and shall remain confidential, and shall not be passed on to any third party, except with the written approval of RMM. In the event of the Client becoming aware that any associated company or third party might be interested in the RMM-Candidate, the Client undertakes to furnish the name and contact details of such a third party to RMM, who shall be entitled to contact the associated company directly and invoice accordingly.

    2. For the protection of the Client, RMM and the Candidates alike, RMM undertakes not to divulge any information concerning candidates or clients to any outside/third party.

  9. REFERENCE CHECKING

    1. In order to safeguard the confidentiality of candidates, extensive enquiries are not, as a general rule, made to the present or previous employers of candidates at interview stage, unless candidates have specifically authorized RMM to do so. It is customary for reference checking to be undertaken only at the stage when, subject to satisfactory reference checking, the Candidate will receive an offer of employment.

    2. Reference checking, if authorized by the RMM-Candidate, will only be done on the written request of the client and may include a credit bureau check, a criminal conviction check and any other reasonable relevant reference check as may be required by the client. These will be charged separately.

  10. WORKING HOURS

    1. As the RMM-Candidate will be appointed as an employee of The Client, the working hours are generally expected to be as agreed between the parties and as contained in Schedule 1 (provided at the time of appointment).

    2. The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of The Basic Conditions of Employment Act, 75 of 1997.

    3. Part-Time or Flexible working hours are regarded as any hours fewer than 45 hours per week but more than 24 hours per month, and are generally agreed between the parties.

    4. Travel requirements are generally expected to be as agreed between the parties, however, should the Client require the RMM Candidate to travel to a remote site (i.e. a site other than the normal place of work), this should be contained in Schedule 1 (provided at the time of appointment). The travel costs and reasonable expenses shall be for the Client’s account, inclusive of RMM’s fees.

  11. INDEMNITY AND LIMITATION OF LIABILITY

    1. RMM shall not be held responsible for any damages or losses of whatsoever nature that may be suffered or incurred by the client arising from RMM providing incorrect or inaccurate information regarding a Candidate, non-disclosure by RMM to the Client relating to any Candidate, the error or inaccuracy in or omission from any reference check obtained by RMM or which ought to have been obtained by RMM, recommendations made in good faith by RMM’s employees, or arising from the conduct of any candidate after the appointment or the dismissal of any candidate after the appointment.

  12. TERMINATION

    1. RMM may, by not less than 10 days’ written notice to the Client, terminate this Agreement:-

    2. If the Client fails to pay any money due to RMM within 10 days after receiving written notice from RMM that such payment is overdue.

    3. If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 10 days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Client of the COMPANY notice specifying such breach.

  13. DISPUTES

    1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. Each Party shall nominate a senior representative of its management to meet at any mutually agreed location to resolve the dispute. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with Clause 13.2

    2. In the event of any dispute failing to be resolved through negotiation as per clause 13.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.

    3. Such arbitration shall be held at Cape Town and in a summary manner on the basis that it shall not be necessary to observe or carry out the strict rules of evidence or the strict formalities or procedures prescribed under the arbitration laws so that there shall be no written pleadings or evidence or formal discovery of documents, except insofar as required by the arbitrator but otherwise the arbitration shall be conducted according to the procedures prescribed by the arbitration laws of the Republic of South Africa.

    4. Such arbitration shall be held as soon as practicably possible and with a view to it being completed within 21 (twenty-one) business days after it is demanded, having regard to any urgency with respect to the matter in issue.

    5. The arbitrator shall decide the matter submitted to him according to what he considers just and equitable in the circumstances and shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially.

    6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

    7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.

    8. Notwithstanding anything to the contrary herein contained, either party shall be entitled to apply for urgent relief in any civil court in respect of any matter arising out of this agreement.

  14. GOVERNING LAW AND JURISDICTION

    1. Regardless of the place of execution, performance or domicile of the parties, this Agreement shall be governed according to the laws of the Republic of South Africa, and the Parties submit to the authority of any South African court having the requisite jurisdiction over them.

  15. GENERAL

    1. No amendment of this Agreement or any consensual cancellation is binding on either party unless confirmed in writing and signed by both parties.

    2. Any relaxation or indulgence which either party may show will not in any way prejudice or be deemed to be a waiver of either parties’ rights under this Agreement.

    3. This Agreement constitutes the whole Agreement between the parties and no warranties or representation, whether expressed or implied, have been given or made by RMM to the Client and vice versa.

4.3. Independent Consultants

BASIC TERMS AND CONDITIONS OF BUSINESS

  1. DEFINITIONS

    1. ‘AGREEMENT’ shall mean the provisions contained herein together with any appendices.

    2. ‘APPLICABLE LAW’ shall mean the laws of South Africa.

    3. ‘CANDIDATE’ refers to any person selected and introduced to the Client by RecruitMyMom (PTY) LTD. Also referred to as RecruitMyMom-candidate or RMM Consultant for the purposes of this contract.

    4. ‘CLIENT’ refers to the person, job-provider or company to whom RecruitMyMom provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RMM-client or job-provider.

    5. ‘COMPANY’ refers to RecruitMyMom (PTY) LTD, a recruitment agency, also herein referred to as RecruitMyMom.co.za or RMM.

    6. ‘CONFIDENTIAL INFORMATION’ shall mean any information that may be a trade secret as well as communications of a confidential nature relating to the business of the Client and its associates.

    7. ‘EFFECTIVE DATE’ shall mean the date of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.

    8. ‘FEES’ shall mean the Placement Fees and reimbursable expenses payable by the Client to RecruitMyMom (PTY) LTD for performing placement services;

    9. ‘PARTY’ shall mean either the Client or the Company or the Candidate, as the case may be.

    10. ‘PARTIES’ shall mean both the Client and the Company or the Company and the Candidate, as the case may be.

    11. ‘PERSONNEL’ shall mean persons employed by the Client or the Company.

    12. ‘PLACEMENTS’ shall mean acceptance of a RMM Candidate to perform services to a Client on an Independent Contractors basis.

    13. “RMM CONSULTANT” shall mean an independent contractor who provides services to an RMM Client as a result of an introduction made by RMM.

    14. ‘SERVICES’ shall mean those services requested by the Client and agreed to by the RMM-Candidate.

  2. INTERPRETATION

    1. This agreement constitutes the sole memorandum of agreement between the parties relating to the subject matter hereof and no variation or addition hereto or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties.

    2. No indulgence granted by either party in regard to the enforcement of its rights under this agreement shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to estop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.

    3. This Agreement contains all the express provisions agreed on by the Parties with regard to the Services and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.

    4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written consent of the other Party.

    5. Invalid Provisions:- If any provision contained in this Agreement is rendered void, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

  3. PREAMBLE

It is recorded that:-

  1. RecruitMyMom is a web based recruitment agency that specialises in matching skilled candidates to companies that offer meaningful standard and non-standard employment, being full-time permanent or part-time permanent jobs, fixed-duration jobs and consulting work.

  2. The purpose of this document is to provide for the terms and conditions in terms of which an RMM-Consultants are matched with the RMM-Client and in terms of which RMM undertakes to avail the Consultant to the Client.

  3. No provision contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Client and RMM or RMM and the Candidate. The RMM CANDIDATE is not an employee of RMM and there is no employment relationship between RMM and the RMM CANDIDATE.

  4. DURATION

    1. This agreement shall be deemed to have commenced on the date of signing, or, upon engagement of the introduced RMM Candidate by the Client, whichever is earliest.
    2. The agreement will automatically lapse as specified in a provided Schedule 1 at appointment stage. The parties may at any time agree to extend the duration of the contract for additional periods. After a twelve month period, a new agreement will be put into place and the fee will be renegotiated.
  5. INTRODUCTION OF RMM-CONSULTANT

    1. RecruitMyMom has a membership network of thousands of skilled, experienced candidates throughout South Africa.
    2. In the case where any RMM-Candidate is introduced to the Client through the RMM network, and the Client hires the RMM-Candidate in any capacity, within 1 (one) year of referral, the Client will be liable to pay RMM a recruitment fee.
    3. Client will be invoiced by RMM, according to either the service level agreed upon when posting the job (Basic, Premium, Fixed Duration or Consultant) or according to the actual position offered to the Candidate by the Client, should the engagement of the RMM-Candidate differ from the initial service level posting on the RMM Network.
    4. The Client acknowledges and undertakes to contact RMM immediately should either party approach the other in order to secure placement directly.
    5. Should the Client fail to inform RMM of the appointment prior to the actual engagement of the RMM-Candidate, the Client will automatically be invoiced for a Premium service placement fee (ten percent of annual cost to company for permanent placements, and twenty percent of annual cost to company for Fixed Duration and Consultants appointment.)
    6. RecruitMyMom (PTY) LTD personnel are not for hire by our clients. Should they leave the employ of RMM and be employed by a client within 1 (one) year, a full Premium Service Placement fee (ten percent of annual cost to company for permanent placements) will be applicable.
    7. The Client agrees that it shall at no time approach any of RMM candidates or staff directly, with a view to employing them, or with a view to gain any information about RMM finances, methods of payment, working practices or any company information whatsoever. 
  6. CONFIDENTIALITY

    1. All information regarding each and every RMM-Candidate is and shall remain confidential, and shall not be passed on to any third party, except with the written approval of RMM. In the event of the Client becoming aware that any associated company or third party might be interested in the RMM-Candidate, the Client undertakes to furnish the name and contact details of such a third party to RMM, who shall be entitled to contact the associated company directly and invoice accordingly.

    2. For the protection of the Client, RMM and the Candidates alike, RMM undertakes not to divulge any information concerning candidates or clients to any outside/third party.

  7. REFERENCE CHECKING

    1. In order to safeguard the confidentiality of candidates, extensive enquiries are not, as a general rule, made to the present or previous employers of candidates at interview stage, unless candidates have specifically authorized RMM to do so. It is customary for reference checking to be undertaken only at the stage when, subject to satisfactory reference checking, the Candidate will receive an offer of employment.

    2. Reference checking, if authorized by the RMM-Candidate, will only be done on the written request of the client and may include a credit bureau check, a criminal conviction check and any other reasonable relevant reference check as may be required by the client. These will be charged separately.

  8. PLACEMENTS AND FEES

    1. It is specifically recorded that should RMM refer a RMM-Consultant to a Client, that Consultant shall remain a consultant of RMM unless a specific agreement in writing to the contrary is made and approved by the CEO of RMM or her designate.

    2. Schedules containing the RMM-Consultant’s name, the rate and fee charged, and the start and end dates of the contract shall be signed by the parties to this agreement and shall form part of the agreement.

    3. The Client shall appoint one of its employees as its representative and The RMM Consultant shall report to this representative.

    4. The RMM-Consultant shall comply with all the Client’s regulations, practices, and instructions and with all applicable laws and regulations issued by any competent authorities, and the Client shall specifically instruct The RMM Consultant to this effect.

  9. WORKING HOURS

    1. Working hours are generally expected to be as agreed between the parties and contained in Schedule 1 (provided at the time of appointment) and remuneration is based on the agreed working hours.

  10. TRAVEL

    1. Should the Client require the RMM-Consultant to travel to a remote site (i.e. a site other than the normal place of work), this shall be subject to prior agreement between the Client’s representative and the RMM-Consultant. The travel costs and reasonable expenses shall be for the Client’s account, inclusive of RMM’s fees.

  11. PAYMENTS TO RMM
    1. Fees for placement are based on the skills and experience of the RMM-Consultant required by the position and are reflected in Schedule 1 (provided at the time of appointment) in agreement with the Client.
    2. Invoicing is done in arrears and will be issued via e-mail.
    3. Amounts due to RMM shall be paid in full by the 30th of the month in which the invoice was submitted to the Client.
    4. Payment: Amounts due to RMM shall be paid in full on the due date of the invoice. Internet transfers would be preferred. Cash payments  into the account number given, requires a 3 % handling fee, cheque payments requires an additional ZAR40.00 handling fee as the bank charges a fee for such deposits.
    5. RMM is a VAT registered company and our fees agreed exclude VAT. Our VAT registration number is 4860271271.
    6. A fee of R100 will be added to your account for collection expenses and any accounts which are outstanding for longer than 30 days will be handed over for collection. Interest at 2.5% per month will be added on outstanding accounts of longer than 30 days. To avoid these extra charges, prompt payment is necessary.
  12. CONTRACT TO PERMANENT PLACEMENT FEE
    1. In the event that a RMM-Consultant, is appointed permanently by The Client, after placement as a Consultant has expired, a permanent placement fee of ten (10) percent of the First years remuneration including bonuses, allowances and commissions becomes applicable.

    2. The parties agree that this amount is what RMM will lose by way of income and agree that no further proof of loss of income is required in this respect.  In the event that RMM needs to recover this amount from the Client, the Client acknowledges that it would be liable for legal fees on an attorney and own client basis.  This paragraph is without prejudice to any and all other legal rights that RMM may have against the client.

  13. INDEMNITY AND LIMITATION OF LIABILITY
    1. RMM shall not be held responsible for any damages or losses of whatsoever nature that may be suffered or incurred by the client arising from RMM providing incorrect or inaccurate information regarding a Candidate, non-disclosure by RMM to the Client relating to any Candidate, the error or inaccuracy in or omission from any reference check obtained by RMM or which ought to have been obtained by RMM, recommendations made in good faith by RMM’s employees and/or candidates, or arising from the conduct of any candidate after the appointment or the dismissal of any candidate after the appointment.

  14. TERMINATION
    1. RMM may, by not less than 10 days’ written notice to the Client, terminate this Agreement:-

      • If the Client fails to pay any money due to RMM within 10 days after receiving written notice from RMM that such payment is overdue.

      • If the Client is in material breach of its obligations pursuant to this Agreement and has not remedied the same within 10 days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Client of the COMPANY notice specifying such breach.

    2. In the event that the Client wishes to terminate the services of the RMM-Consultant, the Client agrees that the RMM-Consultant will be given 2 weeks notice of termination of contract.

  15. DISPUTES
    1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. Each Party shall nominate a senior representative of its management to meet at any mutually agreed location to resolve the dispute. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with Clause 15.2

    2. In the event of any dispute failing to be resolved through negotiation as per clause 15.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below.

    3. Such arbitration shall be held at Cape Town and in a summary manner on the basis that it shall not be necessary to observe or carry out the strict rules of evidence or the strict formalities or procedures prescribed under the arbitration laws so that there shall be no written pleadings or evidence or formal discovery of documents, except insofar as required by the arbitrator but otherwise the arbitration shall be conducted according to the procedures prescribed by the arbitration laws of the Republic of South Africa.

    4. Such arbitration shall be held as soon as practicably possible and with a view to it being completed within 21 (twenty-one) business days after it is demanded, having regard to any urgency with respect to the matter in issue.

    5. The arbitrator shall decide the matter submitted to him according to what he considers just and equitable in the circumstances and shall have regard to the desire of the parties to dispose of such dispute expeditiously, economically and confidentially.

    6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

    7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.

    8. Notwithstanding anything to the contrary herein contained, either party shall be entitled to apply for urgent relief in any civil court in respect of any matter arising out of this agreement.

5. Candidate T&C’s

Candidates will inform RecruitMyMom of any offer of employment from a client of RecruitMyMom. 

The below T&C's pertain to the appointment as an Independent Consultant. 

1. DEFINITIONS

  1. ‘AGREEMENT’ shall mean the provisions contained herein together with any appendices.

  1. ‘APPLICABLE LAW’ shall mean the laws of South Africa.

  1. ‘CANDIDATE’ refers to any person selected and introduced to the Client by RecruitMyMom (PTY) LTD. Also referred to as RecruitMyMom-candidate or RMM Consultant for the purposes of this contract.

  1. ‘CLIENT’ refers to the person, job-provider or company to whom RecruitMyMom provides recruitment of permanent, temporary, contract or freelance staff. Also herein referred to as RMM-client or job-provider.

  1. ‘COMPANY’ refers to RecruitMyMom (PTY) LTD, a recruitment agency, also herein referred to as RecruitMyMom.co.za or RMM.

  1. ‘EFFECTIVE DATE’ shall mean the date of this Agreement or the date on which the Candidate began to perform any of the Services to the Client, whichever comes first.

  1. ‘PARTY’ shall mean either the Client or the Company or the Candidate, as the case may be.

  1. ‘PARTIES’ shall mean both the Client and the Company or the Company and the Candidate, as the case may be.

  1. ‘PERSONNEL’ shall mean persons employed by the Client or the Company.

  1. ‘PLACEMENTS’ shall mean acceptance of a RecruitMyMom (PTY) LTD Candidate to perform services to a Client on an Independent Contractors basis.

  1. RMM Consultants shall mean an independent contractor who provides services to a RMM Client as a result of an introduction made by RMM. A RMM Consultant is not an employee of RMM and this agreement will not create an employment relationship between RMM and the RMM Consultant.

  1. SERVICES’ shall mean those services requested by the Client and agreed to by the RMM-Candidate or RMM-Consultant.

2. PREAMBLE

It is recorded that:-

2.1 RMM has certain exclusive clients within the territory, which are designated as such on the client data base.

2.2 RMM introduces Consultants to their Clients for the purposes of providing a specific service to the RMM Client as per schedule 1 (provided at the time of an appointment).

2.3 Once an assignment is offered by the Client, the Consultant will be known as the “RMM-Consultant” in relation to the specified client who will be regarded as “RMM-Client”.

2.4 The purpose of this document is to provide for the terms and conditions in terms of which “RMM-Consultant” will consult and conduct services to the “RMM-Client”.

2.5 It is specifically recorded that should the CEO of RMM or her designate refer a client to a Consultant, that client shall remain a client of RMM unless a specific agreement in writing to the contrary is made and approved by the CEO of RMM or her designate.

2.6 It is specifically recorded that this contract will apply to all future re-appointments between the RMM-Consultant and the specified RMM-Client, entered into as a result of the RMM introduction.

2.7 It is specifically recorded that the Client will be invoiced an ongoing placement fee for the duration of the placement of an RMM Consultant and for future placements between the RMM Client and RMM Consultant.

3. APPOINTMENT OF CONSULTANT

3.1 RMM hereby authorises  an RMM-Consultant to perform the work described in Schedule 1(provided at the time of an appointment). and in accordance with the terms set out therein.

3.2 The RMM-Consultant is not engaged as an employee or agent of RMM and has no authority to enter into contracts on behalf of RMM without prior written consent. No provision contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Consultant and RMM. There is no employment relationship between RMM and the RMM CANDIDATE.

3.3 RMM’s involvement is limited to the introduction between Client and Consultant and the collection of service fee’s payable between the parties.

4. DURATION OF APPOINTMENT

4.1 The RMM-Consultant is assigned to the RMM-Client for a period or project as specified in Schedule 1 (provided at the time of an appointment).. The parties may at any time agree to extend the duration of the contract for additional periods. After a twelve-month period, a new agreement will be put in place and the fee can be renegotiated.

4.2 This agreement shall be deemed to have commenced on the date of signing Schedule 1 (provided at the time of an appointment)., or upon engagement of the introduced RecruitMyMom Candidate to the Client, whichever is earliest.

4.3 Any future re-appointment of the RMM-Consultant and RMM-Client will be subject to the same terms and conditions of placement.

5. CONTRACTING FEE

5.1 When a RMM-Consultant has been appointed by the RMM Client in any capacity, within 1 (one) year of referral / introduction, the Client will be invoiced by RMM, according to the service level agreed upon between the parties.

5.2 RMM will invoice the RMM Client directly and the RMM Consultant is prohibited from billing the RMM Client directly.

5.3 RMM shall be liable for collection of and payment to the Consultant at the rate as specified in Schedule 1 (provided at the time of an appointment) in respect of the time spent rendering services as set out in this Agreement.

5.4 Payment is to be made by RMM within 30 days of submission of Consultant invoice and only after acceptance of the relevant time sheets by the RMM Client.

5.5 In the event that time sheets or invoices are rejected by the RMM Client, it is the responsibility of the RMM Consultant to resolve the dispute. RMM will not be liable for payment of the Consultant invoice should the RMM Client refuse to sign off the time sheet or the invoice as submitted by the RMM Consultant.

5.5 RMM is a VAT registered company and our fees agreed exclude VAT. Our VAT registration number is 4860271271.

6. CONTINUANCE OF SERVICE

6.1 The Consultant shall render the services over the contract period over such hours and on such days as compliance with the undertaking reasonably requires.

6.2 The Consultant therefore agrees to the working times as required to fulfil her obligations in terms of Schedule 1 (provided at the time of an appointment).

6.3 The Consultant agrees to ensure that RMM is not unduly compromised by any times that she is not available.

6.4 The Consultant shall operate her business independently from RMM and in order to facilitate proper communication will ensure that she has adequate telephone, cell phone, fax, and internet and e-mail facilities.

6.5 The Consultant will be expected to provide her own tools of the trade, such as laptop computer, cellphone, etc to be used for consulting work referred to her by RMM.

7. DUTIES OF RECRUITMYMOM

RMM will:

7.1 provide all relevant information under its control and such other assistance as is appropriate in order to allow the Consultant to complete the assignment satisfactorily and in good time;

7.2 give instructions on further requirements, if any, in connection with the proper performance of the assignment;

7.3 invoice the RMM Client directly and will pay the Consultant’s fees as agreed, provided the work done satisfies the terms of this agreement.

8. DUTIES OF THE CONSULTANT

8.1 warrants that she has the necessary skills and capacity to carry out the relevant assignment;

8.2 will provide the necessary qualifications/certifications, if requested, to RMM.

8.3 will perform the assignment diligently and with proper skill, exercising due care and in good time;

8.4 will not subcontract or assign the obligations under this contract to any third party without the prior consent of RMM.

8.5 The RMM Consultant may not bill the RMM Client directly, it is strictly done through RMM unless a specific agreement in writing to the contrary is made and approved by the CEO of RMM or her designate. 

8.6 will inform the CEO of RMM or her designate as soon as the circumstances permit of any client complaints in respect of consulting services;

8.7 will not use any trademark, name or device of RMM for any unauthorised purpose;

8.8 will immediately bring to the attention of the CEO of RMM or her designate any improper use within the TERRITORY of any of the RMM consultants;

8.9 will provide RMM with an invoice for services rendered at the Client in order to receive payment as agreed.

8.10 will inform RMM immediately should the client offer additional work outside of the scope of this agreement to the consultant.

9. GENERAL

9.1 No amendment of this Agreement or any consensual cancellation is binding on either party unless confirmed in writing and signed by both parties.

9.2 Any relaxation or indulgence which either party may show will not in any way prejudice or be deemed to be a waiver of either parties’ rights under this Agreement.

9.3 This Agreement constitutes the whole Agreement between the parties and no warranties or representations, whether expressed or implied, have been given or made by RMM to the Consultant and vice versa.

 

  1.  

6. Amendments to this Agreement and Changes to Website

RMM may revise this document at any time by updating this page. Any use of this Website will be considered acceptance by you of the then-current Terms and Conditions. RecruitMyMom.co.za may change the Website at any time.

THE ENGAGEMENT OF A MEMBER OR CLIENT INTRODUCED BY RECRUITMYMOM (PTY) LTD IN ANY CAPACITY WILL SIGNIFY YOUR ACCEPTANCE OF THESE CONDITIONS

7. Questions and Notices

Questions concerning the use of the Website should be directed to us using the “Contact Us” page.