Terms & Fees Of RecruitMyMom

GENERAL

GENERAL
Welcome to RecruitMyMom (Pty) Ltd (“RecruitMyMom”, “RMM”, “we”, “us”, “our”).
These Terms and Conditions govern access to and use of the RecruitMyMom website, services and related platforms. (Latest update March 2026)
Terms include all additional terms and conditions applicable to the Website and Services and includes:
- Privacy Notice
- PAIA Manual
- Employer Terms of Service (applicable to Employers)
- Terms and Conditions As Between RecruitMyMom and Its Independent Contractors (applicable to Independent Contractors)
  1. By accessing, browsing, registering on, or using the website or services in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
  2. RecruitMyMom is a South African recruitment company specialising in connecting skilled professionals with employers locally and internationally.
  3. Acceptance of these Terms occurs upon registration on the website, submission of job specifications, engagement with RMM services, electronic acceptance, or continued use of the website.
  4. If you do not agree to these Terms, you must immediately cease use of the website and services.
  5. RMM reserves the right to amend these Terms from time to time. Updated versions will be published on the website, and continued use constitutes acceptance of such amendments.
  6. These Terms and Conditions constitute the standard terms governing the provision of RMM services and shall apply to all engagements between RMM and the Client, and to all engagements between RMM and the Candidate.
  7. These Terms shall apply unless the Parties have entered into a separate written agreement expressly governing the relevant services and signed by authorised representatives of both Parties.
  8. In the event of any conflict between these Terms and such separate written agreement, the provisions of the separate written agreement shall prevail only to the extent of the conflict.

DEFINITIONS

DEFINITIONS
For purposes of these Terms:
1. "Affiliates" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Client, including any parent company, subsidiary, holding company, group company or associated entity within the Client’s corporate group.
2. "Agreement" means these Terms together with any annexures and appendices hereto.
3. "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
4. "Candidate" means any person introduced, referred, sourced or presented by RMM to a Client.
5. "Client" means any person, company or organisation to whom RMM provides recruitment services, including any entity requesting, receiving or benefiting from the introduction of a Candidate, and includes the Client’s Affiliates where applicable.
6. "Company" means RecruitMyMom (Pty) Ltd (Reg No. 2012/088360/07), also herein referred to as RMM.
7. "Confidential Information" means any non-public information disclosed by or relating to the Company, the Client or any Candidate, including but not limited to business information, candidate profiles, CVs, remuneration information, recruitment processes, databases, fee structures, trade secrets, know-how and Personal Information, whether disclosed orally, electronically or in writing and whether or not marked as confidential, but excluding information that is or becomes publicly available through no breach of this Agreement, was lawfully known to the receiving party prior to disclosure, is independently developed without reference to such information, or is required to be disclosed by law.
8. "Company Associate" means any director, employee, consultant, contractor, agent or representative of the Company acting in the course of or in connection with the Company’s recruitment services.
9. "Contractors" means Freelancers, Independent Contractors, Contractors, Fractional Consultants or Independent Virtual Assistants sourced through RMM.
10. "Effective Date" means the earliest date on which a Client or Candidate engages with RMM’s recruitment services, including but not limited to acceptance of these Terms, submission of a job specification, receipt of Candidate information, participation in interviews or recruitment discussions facilitated by RMM, or the commencement of Candidate services for a Client, whichever occurs first.
11. "Fees" means the recruitment or service fees payable by the Client to RMM for performing RMM Services.
12. "Permanent Employee Terms" means the terms applicable to Candidates engaged by a Client as permanent employees as set out in Annexure A.
13. "Permanent Placement Fee" means the placement fee payable by a Client to the Company in respect of a permanent placement as described in Annexure A.
14. "Fixed Term Employment" means employment for a specified period, project or event which terminates on the occurrence of that event or the expiry of the agreed period.
15. "Fixed Term Employee Terms" means the terms applicable to Candidates engaged by a Client in Fixed Term Employment as set out in Annexure B.
16. "Independent Contractor Terms" means the terms applicable to Candidates engaged by a Client as independent contractors as set out in Annexure C.
17. "Law" means any applicable law, statute, regulation, directive, by-law or other legislative measure having the force of law in the Republic of South Africa.
18. "Parties" means the Client and the Company collectively, and “Party" means either of them as the context requires.
19. "Personal Information" has the meaning assigned in the Protection of Personal Information Act.
20. "POPIA" means the Protection of Personal Information Act 4 of 2013.
21. "Prime Rate" means the prime lending rate of Standard Bank of South Africa.
22. "RMM Network" means the RecruitMyMom candidate database, social media followers and recruitment team.
23. "RMM Services" means the recruitment and other ancillary services provided by RMM to Clients and Candidates.
24. "RSA" means the Republic of South Africa.
25. "Loss" means any loss, damage, liability, cost or expense, including reasonable legal costs.
26. "Terms" means the collective terms of service governing the utilisation of RMM’s service offering and collectively found at https://www.recruitmymom.co.za/terms-and-conditions.

WEBSITE TERMS

WEBSITE TERMS
Permitted Use
1. The Website is intended for individuals seeking employment, freelance or independent contracting opportunities, and for employers seeking candidates for employment or contracting engagements, together with such other services as RMM may offer from time to time.
2. Users are solely responsible for the content of any document, communication or material submitted, uploaded or posted to the Website and for any consequences arising therefrom.
3. Users shall not, directly or indirectly:
  - access data or accounts not intended for such User or attempt to breach security, authentication or system integrity;
  - interfere with or disrupt the Website, its servers, networks or services, including by introducing viruses, malicious code, overloading or similar conduct;
  - use scripts, bots or automated means to access, scrape or extract information from the Website;
  - collect candidate information or CVs for competitive commercial gain or solicit RMM clients’ business;
  - submit false, misleading, defamatory, unlawful, abusive, threatening, obscene or discriminatory content;
  - impersonate another person or misrepresent affiliation;
  - submit unsolicited commercial communications or engage in spamming;
  - upload or transmit any content that infringes intellectual property rights or privacy rights;
  - use the Website in any manner that violates applicable Law.
    RMM reserves the right to remove any content that violates these Terms.
Job and CV Posting
1. Content posted must be accurate and lawful.
2. Prohibited content includes:
  1. material infringing intellectual property or privacy rights;
  2. hidden keywords or deceptive content;
  3. sexually explicit, defamatory, harassing, abusive or unlawful material; or
  4. advertisements, pyramid schemes or opportunities requiring payment from jobseekers.
3. RMM is not obliged to monitor content but may review and remove content at its discretion.
Intellectual Property

RMM retains all right, title and interest in and to the Website and all associated intellectual property, including without limitation all copyrights, trademarks, trade names, logos, software, code, content and materials. No content may be copied, reproduced, distributed or used without RMM’s prior written consent. All rights not expressly granted are reserved.

Disclaimer
1. The Website is provided on an “as is” and “as available” basis. RMM makes no representations or warranties of any kind, whether express or implied, including as to accuracy, completeness, availability, reliability or fitness for purpose.
2. RMM does not warrant that the Website will be uninterrupted, error free, secure or free from viruses or harmful components.
3. RMM may suspend or terminate any aspect of the Website at its sole discretion without notice.
Limitation of Liability and Indemnity
1. To the fullest extent permitted by Law, RMM and its Affiliates shall not be liable for any direct, indirect, incidental, consequential or special Loss arising from or related to:
  1. use of or inability to use the Website;
  2. reliance on information contained on the Website;
  3. unauthorised access to User accounts;
  4. conduct or content of third parties; or
  5. any breach of these Terms by the User.
2. The User indemnifies and holds harmless RMM and its Affiliates from and against any Loss arising from the User’s use of the Website, breach of these Terms or violation of any Law.
3. RMM does not endorse or assume responsibility for any third party offerings accessed via the Website.
4. Nothing in this Agreement excludes liability for fraud, wilful misconduct or gross negligence.
General Provisions
1. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, failing which it shall be severed without affecting the remaining provisions.
2. RMM may assign or transfer its rights and obligations under these Terms. Users may not assign their rights or obligations without RMM’s written consent.
Dispute Resolution
1. The Parties shall first attempt to resolve any dispute through good faith negotiations.
2. Failing resolution, the dispute shall be referred to arbitration administered by AFSA in Cape Town, conducted in a summary manner in accordance with the laws of the RSA.
3. The arbitrator’s decision shall be final and binding.
4. Nothing prevents either Party from seeking urgent relief from a competent court.
Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Contact

Any queries regarding these Terms may be submitted via the Contact Us page.

SUMMARY OF RECRUITMENT SERVICES

Permanent Talent Recruitment
Fixed-Term Talent Recruitment including maternity and long-term sick leave cover.
Independent Contracting Talent
Remote Knowledge Talent
Fractional Executive Talent
Virtual Assistant Talent
Full-Time and Part-time Talent
Flexible Talent Solutions
Employer of Record
Paid verification checks
Online skills testing and Psychometric testing

1.Recruitment Service Offered	Permanent Hires	Fixed Duration/Temp Hires	Independent Contractor Hires
Free job posting	Y	Y	Y
A Recruitment Consultant will be assigned to you as your primary contact.	Y	Y	Y
The job is advertised on the Jobs page.	Y	Y	Y
The job is advertised to our talent base and via our social media platforms.	Y	Y	Y
We short-list candidate applications	Y	Y	Y
We conduct first-round interviews & conduct reference checks	Y	Y	Y
Final round interviews conducted by you, the client.	Y	Y	Y
Verification checks completed	Y	Y	Y
Warranty	3 Months	Replace/Refund	Replace (No long-term contract)

SUMMARY OF FEES

Employers pay upon successful appointment; that's it!

Job Seekers never pay!

RecruitMyMom is a generalist recruitment company placing skills in over 250 various skill-sets.

Job Type		Fee Structure excluding VAT
Permanent appointment Appointments are made for an indefinite period.		15% Annual Cost to the Company, with a 3-month warranty.
Fixed Term Contracts Contracts for a fixed duration of time or outcome. e.g. Temps, maternity cover, sick leave cover, projects		17% The fee is charged for the contract duration if less than 12 months.
Independent Contractors, Freelancers, Fractional Executive Independent Contractor Knowledge Workers - Accounts, Marketing, Sales, HR, IT, Finance & More		The rate is provided upfront to the the client and based on the level of experience, length, and skill required for the project.
On-Demand Workforce An enterprise solution to support teams during seasonal surges in demand		Arrange a call to discuss your needs. Contact Us
Virtual Assistants Remote-based Virtual Assistants that do the work you shouldn't - admin, PA, Social media, finance & more		The rate is provided upfront to the client based on the experience, contract length, and skill required.
Employer of Record You'll love our talent. If you want to hire them permanently and do not have a South African entity, use our EOR Sevice		We charge 10-15% of the salary to give you top quality talent and peace of mind.

EMPLOYER TERMS OF SERVICE

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 of this Agreement shall be of any force or effect unless reduced to writing and signed by the Parties. For the avoidance of doubt, any website terms applicable to general website use shall not apply to the recruitment services governed by this Agreement. In the event of any conflict between this Agreement (including its annexures) and any terms referenced on the Website, this Agreement shall prevail.
2. Any reference to “days” shall be a reference to calendar days unless defined otherwise and unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day.
3. The use of the word "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific examples/s.
PREAMBLE
It is recorded that:
1. The Company is an online recruitment agency specialising in sourcing and matching skilled candidates with companies offering meaningful employment. Our services include permanent hires, fixed duration hires and independent contractors including fractional C Suite consultants and virtual assistants. We provide Employer of Record services for non South African entities hiring permanent staff in South Africa.
2. The purpose of this Agreement is to provide for the terms and conditions governing the basis on which Candidates are matched with a Client for permanent, fixed term and independent contracting employment.
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 66 of 1995 as amended or any other applicable statute or Law unless expressly agreed in writing between the Parties. The Parties acknowledge that it is not the intention of this Agreement to create an employer employee relationship between the Company and any Candidate. The Client remains responsible for compliance with the Labour Relations Act, the Basic Conditions of Employment Act 75 of 1997 and any other applicable employment legislation.
DURATION
1. This Agreement shall be deemed to have commenced on the Effective Date and shall terminate in accordance with clause 12.
INTRODUCTION OF CANDIDATES
1. RMM introduces Candidates to Clients through its recruitment services.
2. In the case where any Candidate is introduced to, referred to, identified for, presented to or otherwise made known to the Client through RMM, and the Client hires or engages the Candidate in any capacity within 12 (twelve) months of referral or introduction, whether directly or indirectly (including through any Affiliate, intermediary, payroll provider or related entity), the Client will be liable to pay Fees based on the nature of the actual placement.
3. If the Client, or any Affiliate, believes that it was previously aware of or had already been introduced to a Candidate prior to RMM’s introduction, the Client must notify RMM in writing within five (5) Business Days of receiving the Candidate’s details, providing reasonable evidence of such prior knowledge. Failing such written notification within this period, the Candidate shall be deemed to have been introduced by RMM and the applicable Fees shall be payable.
4. The Client must notify RMM immediately if a Candidate approaches the Client directly following introduction.
5. Should the Client fail to inform the Company of the appointment of a Candidate prior to the actual engagement of the Candidate, the Client will automatically be invoiced for Fees based on the nature of engagement.
6. The Client shall not circumvent RMM by engaging Candidates introduced by RMM other than in accordance with this Agreement.
7. Should any Company staff leave the employ of the Company and be employed by a Client within 12 (twelve) months of termination of employment with the Company, a full “Permanent Placement Fee” will be applicable, which placement fee shall be payable within 7 (seven) working days of his / her appointment by Client. No termination of that appointment or variation of its terms will entitle Client to any repayment of the placement fee.
8. These provisions in Clause 4 survive termination of this Agreement.
FEES
1. All Fees are payable within seven (7) days of invoice unless otherwise agreed.
2. Interest will accrue on overdue accounts at Prime plus two percent per annum.
3. Minimum placement fees may apply as detailed in the relevant Annexure.
4. Where international transfer costs are levied on payments to RMM, these costs will be for the Client’s account. In addition, any fees levied by either the Client’s bank or RMM’s bank on cash deposits and / or on cheque deposits will likewise be for the Client’s account.
5. If legal fees incurred by RecruitMyMom are necessary for the recovery of fees owed by the Client, the Client will be liable for all associated legal costs, should a court of competent jurisdiction determine such liability. This paragraph is without prejudice to any other legal rights that RecruitMyMom may have against the Client.
6. Fee adjustments apply prospectively only.
7. The Client acknowledges that the Fees represent reasonable remuneration for the professional services provided by RMM.
INFORMATION PROVIDED TO RMM
USE OF CANDIDATE INFORMATION
1. RMM may require Confidential Information from the Client from time to time in order to provide the RMM Services. The Client undertakes to provide or arrange access to such Confidential Information as reasonably required by RMM.
2. The Client warrants that it has obtained all necessary authority, permissions and licences to provide Confidential Information to RMM, including where such information relates to third parties.
3. RMM will treat Confidential Information as confidential and will implement reasonable technical and organisational measures to safeguard such information..
4. Confidential Information will be retained only as long as reasonably necessary to fulfil the purposes contemplated in this Agreement and to comply with applicable legal and regulatory obligations..
5. RMM may use the Client’s contact details to communicate information regarding its services, Candidates, newsletters and industry developments that may be of interest to the Client. The Client may opt out of such communications at any time.
6. All title, copyright and intellectual property generated or amended by RMM in the course of providing services shall remain the property of RMM until all Fees due are paid in full.
7. The Client acknowledges that Confidential Information collected by RMM may be stored, processed and transferred between jurisdictions where reasonably necessary for the provision of recruitment services, including where RMM utilises information technology systems or service providers located outside the Republic of South Africa. RMM will take reasonable steps to ensure that such processing is conducted in accordance with applicable data protection laws, including POPIA.
8. Detailed processing practices are described in the RMM Privacy Policy.
9. The Client acknowledges that all Candidate information provided by RMM, including CVs, candidate profiles, employment histories and contact details, is provided solely for the purpose of evaluating the Candidate for the specific role for which the introduction was made.
10. The Client shall not use, retain, distribute, share or store such Candidate information for any other purpose, including building internal talent pools, recruitment databases, or contacting the Candidate for alternative roles, without the prior written consent of RMM.
11. The Client shall not disclose Candidate information to any third party, affiliate, subsidiary, associated company or external recruiter without the prior written consent of RMM.
12. Any engagement of a Candidate introduced by RMM by the Client, its Affiliates, subsidiaries or any person acting on its behalf within the applicable introduction period shall give rise to the applicable Fees in accordance with this Agreement.
13. This clause 6 will survive the termination or cancellation of this Agreement for any reason whatsoever.
REFERENCE AND VERIFICATION CHECKING
1. RMM will complete two employment reference checks where reasonably possible before the Client interview stage. If this condition is not met, the Client will be informed.
2. Identity verification checks are included in the placement fee.
3. Credit or criminal checks may be performed only where legally permissible and with Candidate consent in accordance with the National Credit Act (NCA) 34 of 2005 and The Criminal Procedure Act 51 of 1977 & The Protection of Personal Information Act (POPIA) 4 of 2013.
4. Verification checks will be conducted at the stage where the Candidate is considered for an offer of employment with the Candidate’s explicit consent and at the Client’s request.
5. Additional checks available upon request: Qualification verification, employment history verification, social media checks, or other relevant verification checks - which will be charged separately unless agreed in writing.
INDEMNITY AND LIMITATION OF LIABILITY
1. Notwithstanding anything to the contrary which may be contained in this Agreement, RMM shall not be liable for any direct or indirect (including consequential) loss, damage, costs and / or expenses of any nature whatsoever which you may suffer or incur as a consequence of, or which may arise from or be attributable to:
2. Candidate Performance;
3. any fault, breach, negligence or omission on the part of a Candidate;
4. the provision by RMM of incorrect or inaccurate information regarding a Candidate, where such information was incorrect or inaccurate at the time of provision to RMM by the Candidate, subject to RMM having conducted the necessary fact checking which would be required by industry standards;
5. any failure by RMM to disclose information about a Candidate, as a result of the Candidate’s non-disclosure of such information to RMM, subject to RMM having conducted the necessary fact checking which would be required by industry standards;
6. any error or inaccuracy in, or omission from any reference check obtained by RMM, where such error, inaccuracy or omission was made by the referee; and / or
7. any recommendations made in good faith by RMM or Company Associate.
8. Clients hereby hold RMM harmless in respect of any claims brought against it or any Company Associate, by a third party for loss, damage, liability, costs and / or expenses of whatsoever nature incurred as a consequence of or arising from or attributable to the services or otherwise in the implementation of this Agreement.
9. If, notwithstanding 8.1 and 8.2, a court of competent jurisdiction finds that RMM or Company Associate is liable for any claim specified herein, such liability will be limited to the amount of RMM Fee paid by a Client to RMM for those RMM Services in respect of which the liability arose..
10. Nothing in this Agreement excludes liability for fraud, wilful misconduct or gross negligence.
BREACH
1. If either Party breaches this Agreement and fails to remedy the breach within fourteen (14) days of written notice, the other Party may claim damages or specific performance.
TERMINATION
1. Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.
2. Notwithstanding a termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are needed to endure after the termination of this Agreement; shall continue to do so.
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.
2. In the event of any dispute failing to be resolved through negotiation, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).
3. Such arbitration shall be held at Cape Town (or with written agreement from RMM via video conference) 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. Parties will agree on an Arbitrator, failing which AFSA will appoint one.
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. Either Party may seek urgent court relief where necessary.
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..
GENERAL PROVISIONS
1. Each Party warrants that this Agreement has been duly authorised by it and has been entered into by a duly authorised representative and that all consents, licenses, permits and authorisations 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.
2. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply..
3. 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 stop the indulgent Party from strictly enforcing its rights in the event of a subsequent breach thereof.
4. Termination of this Agreement for any cause will not release either Party from any liability which at the time of termination has already accrued to the other Party or which thereafter may accrue in respect of any act or omission prior to such termination..
5. Electronic Acceptance

This Agreement may be accepted electronically and shall become binding on the Parties when the Client:

a) selects or checks the “I agree to the Terms and Conditions of www.recruitmymom.co.za” option during the job specification submission process on the RMM website;

b) signs the Agreement using electronic signature software used or approved by RMM; or

c) accepts the Terms and Conditions via an electronic link or webform provided by RMM.

Such acceptance shall be deemed valid whether performed by the Client or by any person using the Client’s login credentials, email address, systems or access details, and the Client warrants that any such person is duly authorised to accept these Terms on its behalf.

RMM will retain an electronic record of such acceptance, including records of website acceptance, electronic signatures or webform confirmations, and the Parties agree that such records shall constitute prima facie proof of acceptance and shall have the same legal force and effect as a handwritten signature for purposes of validity, enforceability and admissibility in any legal proceedings in accordance with the Electronic Communications and Transactions Act 25 of 2002.

ANNEXURE A- PERMANENT TALENT TERMS

PERMANENT PLACEMENT FEE
1. The permanent placement fee (“Permanent Placement Fee”) is calculated as 15% (fifteen percent) of the Candidate’s total cost to company for one year, including bonus payments and ancillary monetary benefits (“Employee Remuneration”), exclusive of VAT where applicable.
2. The Client undertakes to deliver to RMM, prior to the commencement date of the employee’s employment (“Employee Commencement Date”), the signed letter of appointment or employment contract evidencing the Employee Remuneration.
3. In the event that the Employee Remuneration increases within 12 (twelve) months of the Employee Commencement Date and such increase was agreed or contemplated at the time of placement, RMM reserves the right to invoice the Client for the difference in the Permanent Placement Fee calculated on the adjusted Employee Remuneration.
THREE MONTH WARRANTY FOR PERMANENT PLACEMENTS
1. Should a permanent employment agreement be lawfully terminated by the Client or the Candidate within 3 (three) months of the Employee Commencement Date, RMM must be given written notice of such termination and the opportunity to replace the Candidate with another candidate (“Replacement Candidate”), and no additional Permanent Placement Fee will be charged for the Replacement Candidate.
2. Upon receipt of written notice from the Client in terms of clause 2.1, RMM shall have 30 working (thirty) days within which to secure a Replacement Candidate.
3. If the Client elects not to proceed immediately with a replacement search, the Client may invoke this replacement warranty at any time within 6 (six) months from the date of termination of the original Candidate’s employment, failing which this warranty shall lapse.
4. RMM’s Replacement Candidate obligation is subject to the following:
  1. The Client has complied with clause 1.2;
  2. All Fees due by the Client to RMM in respect of the original Candidate have been paid in full;
  3. There is no material difference between the remuneration and skill requirements of the original Candidate and the Replacement Candidate. Should there be a difference in Employee Remuneration, the difference will be reconciled and the Client will be invoiced or credited accordingly;
  4. A copy of the signed letter of appointment or employment contract of the Replacement Candidate is received by RMM from the Client prior to the Replacement Candidate start date;
  5. The role was not made redundant;
  6. RMM’s Replacement Candidate obligation shall apply to one Candidate replacement only.
REFUND OPTION (SUBJECT TO REPLACEMENT PROCESS)
1. Should RMM fail to secure a suitable Replacement Candidate within the 30 (thirty) working days period referred to in clause 2.2, and provided that the Client has complied fully with clause 2 and has given RMM a fair and reasonable opportunity to source and present suitable candidates for the same or substantially similar role, the Client shall be entitled to the following refund:
  1. A cash refund equating to 75% (seventy-five percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated within the first 30 (thirty) days of the Employee Commencement Date;
  2. A cash refund equating to 50% (fifty percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated between 30 (thirty) and 60 (sixty) days of the Employee Commencement Date; and
  3. A cash refund equating to 25% (twenty-five percent) of the Permanent Placement Fee if the Candidate’s employment was lawfully terminated between 60 (sixty) and 90 (ninety) days of the Employee Commencement Date.
2. The refund entitlement in clause 3.1 shall not apply if:
  1. The Client closes, suspends or materially alters the role;
  2. The Client appoints a replacement candidate through any alternative source, including directly or via another recruitment provider;
  3. The Client fails to provide RMM with a fair and reasonable opportunity to present suitable Replacement Candidates; or
  4. The Client withdraws from the replacement process prior to expiry of the 30 (thirty) working day period referred to in clause 2.2.

ANNEXURE B - FIXED TERM TALENT TERMS

FIXED TERM PLACEMENT FEE
1. The fixed term placement fee (“Fixed Term Placement Fee”) is calculated as 17% (seventeen percent) of the Candidate’s total cost to company for the fixed term period (“Fixed Term Period”) where the Fixed Term Period is less than one year (twelve months), exclusive of VAT. VAT shall be levied in accordance with applicable South African tax legislation.
2. In the event that the Fixed Term Period is 12 (twelve) months or more, the Permanent Placement terms and conditions contained in Annexure A shall apply.
3. The Client undertakes to deliver to RMM, prior to the Employee Commencement Date, the signed letter of appointment or employment contract (“Fixed Term Agreement”), evidencing the Employee Remuneration.
ADJUSTMENT OF FIXED TERM PERIOD (OPERATIONAL CHANGES)
1. Where the Fixed Term Period changes for operational or business reasons and not due to the termination of the engagement by either the Client or the Candidate, the Fixed Term Placement Fee shall be adjusted proportionally.
2. Any adjustment may include:
  1. a lawful reduction of the Fixed Term Period resulting in a proportional refund to the Client of any Fixed Term Placement Fee already paid; or
  2. an increase of the Fixed Term Period resulting in RMM invoicing the Client for any proportional increase in the Fixed Term Placement Fee relative to the increased Fixed Term Period, for a maximum fee period of twelve (12) months.
TERMINATION AND REPLACEMENT
1. Should the Fixed Term Employment be lawfully terminated by the Client or the Candidate prior to the expiry of the Fixed Term Period, the Client shall provide written notice to RMM.
2. Upon such termination, RMM shall be given the opportunity to replace the Candidate with another candidate (“Replacement Candidate”) for the remainder of the Fixed Term Period, and no additional Fixed Term Placement Fee will be charged for the Replacement Candidate.
3. Upon receipt of written notice from the Client, RMM shall use reasonable efforts to secure a suitable Replacement Candidate.
CONDITIONS OF REPLACEMENT
RMM’s Replacement Candidate obligation is subject to the following conditions:
1. The Client has complied with clause 1.3;
2. All Fees due by the Client to RMM in respect of the original Candidate have been paid in full;
3. There is no material difference between the remuneration and skill requirements of the original Candidate and the Replacement Candidate. Should there be a difference in Employee Remuneration, the difference will be reconciled and the Client will be invoiced or credited accordingly;
4. A copy of the signed Fixed Term Agreement of the Replacement Candidate is received by the Company from the Client prior to the Replacement Candidate start date; and
5. RMM’s Replacement Candidate obligation shall apply to one Candidate replacement only.
CONVERSION CONTRACT TO PERMANENT
1. Should the Client, its Affiliates, subsidiaries or associated companies, or any person, organisation or company to whom the Client subsequently introduces the Candidate, wish to employ or engage the Candidate on a permanent basis either:
  1. at the conclusion of the Fixed Term Agreement; or
  2. within 12 (twelve) months from the conclusion of the Fixed Term Period,
  3. placement fee shall be payable in accordance with Annexure A – Permanent Placement Fees.

ANNEXURE C - INDEPENDENT CONTRACT HIRING TERMS

It is recorded that you, the Client, have approached RMM to procure Independent Contractors, also known as Freelancers, Independent Consultants, Fractional Consultants, and Independent Virtual Assistants, for the provision of services to you. Your relationship with RMM, including the procurement of any Contractors by RMM for you or any Affiliate or associated person, will be governed solely by the terms and conditions set out in the RMM Terms of Service (the “Agreement”) including the Independent Contractor Terms set out below.

SERVICES
1. RMM will, upon the Client’s request, source and propose suitable Independent Contractors to fulfil the Client’s service needs. The Client may select from these candidates, who will then provide services directly to the Client under the following conditions:
  1. Autonomous Control – The Independent Contractor shall maintain complete autonomy over their methods, processes and manner of work.
  2. Flexible Work Hours – The Independent Contractor’s hours will follow mutually agreed availability or deadlines.
  3. Tools and Equipment – The Independent Contractor is responsible for providing their own tools and equipment unless otherwise agreed in writing.
  4. Non Integration – The Independent Contractor is not an employee of the Client and will not be integrated into the Client’s organisational structure.
  5. Right to Contract Elsewhere – The Independent Contractor may provide similar services to other clients provided these services do not directly compete with the Client’s business.
SERVICE FEE
1. The Client will pay RMM a service fee (“Fee”) for the agreed services delivered by the Independent Contractor. Fees quoted by RMM will be in Rand, Dollar or Sterling when requested and include the Independent Contractor’s agreed compensation together with the RMM fee, exclusive of VAT where applicable.
2. The Fee may be calculated as an hourly, daily, weekly or monthly rate multiplied by the time spent by the Independent Contractor on the work, or as a fixed project or secondment fee agreed with the Client.
3. The Client agrees to utilise the Independent Contractor for a minimum continuous period of four (4) weeks from the commencement of services. Should the Client terminate the services prior to expiry of such period (other than for material breach by the Independent Contractor), the Client shall remain liable for payment of Fees for the balance of the four week minimum period.
4. UNSUITABILITY AND REPLACEMENT
  1. If the Client reasonably determines that the Independent Contractor is unsuitable during the initial four week period, the Client shall notify RMM in writing providing reasonable details of the concerns.
  2. RMM shall be given a reasonable opportunity to address such concerns and, where appropriate, replace the Independent Contractor.
  3. The minimum four week usage obligation remains applicable unless the Independent Contractor has committed a material breach.
  4. Should the Client terminate during the four week period without giving RMM an opportunity to replace the Independent Contractor, the Client shall remain liable for the Fees for the balance of the minimum period.
  5. RMM’s replacement obligation applies once only per engagement.
INVOICING PROCEDURE
1. RMM will invoice the Client from the 21st of each month or part thereof during which the Independent Contractor has provided services.
2. RMM will invoice the Client in respect of:
  1. TThe RMM service fee (the “Fee”) for the agreed Services delivered by the Independent Contractor;
  2. The Independent Contractor’s fee and the reimbursement of disbursement costs, as set out in and calculated in terms of the Independent Contractor Terms, which amounts will be invoiced and collected for and on behalf of the relevant Independent Contractor; and
  3. Any VAT chargeable thereon, if applicable.
FURTHER WORK
1. Neither the Client nor any Affiliate will use the Independent Contractor for the provision of any further work or services without furnishing RMM with advance written notification thereof.
2. This Agreement will govern any further work or services undertaken by the Independent Contractor for the Client. In the event of a conflict between documents, these Independent Contractor Terms will take precedence to the extent of the conflict only.
PLACEMENT FEE – CONVERSION OF INDEPENDENT CONTRACTOR TO PERMANENT
1. Should the Client, any Affiliate, subsidiary or associated company, or any person, organisation or company to whom the Client introduces the Independent Contractor, appoint or engage the Independent Contractor as a permanent employee or in a substantially similar capacity within 12 (twelve) months from the commencement or termination of the Independent Contractor engagement, the Client shall be liable to pay RMM a placement fee equal to 20% (twenty percent) of the Independent Contractor’s gross annual remuneration as at the date of such appointment.
2. A minimum placement fee of R25 000 (twenty-five thousand Rand) shall apply in all circumstances where the fee calculated in terms of clause 5.1 amounts to less than R25 000.
3. Such placement fee shall be payable within 7 (seven) working days of the Independent Contractor’s appointment. No termination of that appointment or variation of its terms will entitle the Client to any repayment of the placement fee.
4. This clause 5 shall survive termination of this Agreement and shall apply for 12 (twelve) months after termination.
RELATIONSHIP BETWEEN THE PARTIES
1. The Parties acknowledge that RMM acts solely as a recruitment and introduction service provider and does not employ, supply or assign Contractors to the Client. The Contractor provides services directly to the Client and is not supervised, directed or controlled by RMM. RMM may administer invoicing and collect payment for services rendered by the Contractor as part of its service offering, including charging a service fee. Such administrative services shall not be construed as creating an employment relationship or a Temporary Employment Service or labour broking relationship as contemplated in section 198 of the Labour Relations Act 66 of 1995 between RMM, the Contractor and the Client..
2. The Parties record their intention that the Contractor will provide services to the Client as an independent contractor and not as an employee of the Client.
3. The Contractor shall be responsible for their own income tax, statutory contributions and any other taxes arising from the provision of their services and shall not be entitled to participate in any employee benefits of the Client.
4. The Client shall be responsible for ensuring that the engagement of the Contractor complies with all applicable labour, tax and regulatory legislation.
INDEPENDENT CONTRACTOR CONDUCT
1. The Independent Contractor will, while performing the services: 7.1. adhere to the reasonable instructions as given by Client from time to time; 7.2. maintain the necessary skills and experience to perform the services, save where they advise Client that other specialised services and / or advice are required; 7.3. work at Client’s premises or at other locations as agreed with you and as necessary; 7.4. adhere to the strictest confidentiality with regard to all aspects of the services (and sign an NDA if required); 7.5. maintain professional standards of conduct in relation to the services; 7.6. be solely liable and responsible (to the exclusion of RMM) for: 7.6.1. the proper performance of the services; and 7.6.2. the administration of their own business affairs. 7.7. For the duration of these terms keep accurate records of the services rendered, including time spent and disbursements incurred in doing so. .
CLIENT CONDUCT
The Client will:

8.1. provide the Independent Contractors with clear and reasonable instructions in relation to the services required;

8.2. provide the Independent Contractors with all information and documents reasonably required by them to carry out the services;

8.3. provide the Independent Contractors with the necessary resources and finance which may be required by them to perform the services;

8.4. pay RMM Fees in accordance with Clause 2 above.

8.5. Client will not procure the provision of any services from the Independent Contractor other than in accordance with these Terms and will inform RMM in advance of Client’s intention to procure any further services. Any such further services will be governed by these Terms, whether or not Client has complied with the said obligation to inform RMM thereof.

8.6. Client will not negotiate or discuss the Independent Contractor fees directly with the Independent Contractor and will solely engage with RMM on Fee negotiations. .

9. PAYMENT

Apart from the amounts referred to in 2, the Independent Contractor will not be entitled to receive any further monies or any benefits of whatsoever nature from Client arising from the services in accordance with these terms. .

10. BREACH

10.1. Should either party commit a breach of any provision of these terms and fail to remedy such breach within 7 (seven) days of receiving written notice from the other party requiring it to do so, then the party aggrieved by such breach will be entitled, without prejudice to its other rights at law, or in terms of 14 below, to claim specific performance and / or damages.

11. TERMINATION

The Client or Independent Contractor may, in its sole discretion, terminate the services on no less than 24 (twenty-four) hours’ written notice to RMM and the other party, unless otherwise agreed in writing, provided that the services may not be terminated during the first 4 (four) weeks of the engagement except in the event of material breach. A courtesy notice of 10 (ten) Business Days in writing to RMM and the other party is encouraged.

12. USE OF CLIENT SYSTEMS

The Independent Contractor acknowledges that any equipment, systems, networks, software, or communication facilities provided by the Client (“Client Resources”) are the property of the Client and are provided for the purpose of performing the services. The Independent Contractor acknowledges that the Client may, in accordance with applicable law, monitor, access, intercept, review, record or inspect communications, data, files or information created, stored, transmitted or received using such Client Resources for legitimate business, security or compliance purposes. By using the Client Resources, the Independent Contractor consents to such monitoring and review by the Client to the extent permitted by applicable law.

13. INFORMATION EXCHANGED

13.1. For the purposes of 13, any reference to “information” will mean “personal information” as defined in the Protection of Personal Information Act (Act No. 4 of 2013), regardless of form, insofar as such information relates to Client, Client’s business or affairs, employees, directors, clients, suppliers and / or third parties.

13.2. The Independent Contractor will require information from Client from time to time to provide Client with the services Client requires and Client undertakes, subject to 13.4, to provide or arrange access to such information for the Independent Contractor as and when necessary. Client accepts that the Independent Contractor will only use this information to enable them to provide the services that Client requires.

13.3. Unless otherwise agreed between Client and the Independent Contractor in writing and subject to these Terms, the Independent Contractor will treat information provided by Client in terms of this clause 13 as confidential.

13.4. Client warrants that Client will at all times have the necessary authority, permissions, and / or licenses to provide information in terms of 13.2, including but not limited to authority, permissions and / or licenses to provide information relating to third parties.

13.5. Client undertakes to notify the Independent Contractor in writing of any information provided by Client in terms of 13.2 that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”). Upon receiving such written notification, the Independent Contractor will correct or delete the defective information and, if necessary, inform RMM accordingly. Client accepts that the Independent Contractor cannot be held responsible for using defective information where they are not aware of the nature and extent of the defects in such information.

13.6. Client consents to the Independent Contractor using the information provided by Client in terms of 13.2 for the purposes set out therein and retaining such information until such time that the purposes are fulfilled or termination of the contract between the Client and the Independent Contractor, alternatively when the Client requests in writing the destruction or deletion thereof.

13.7. All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by the Independent Contractor as a result of the provision by them of the services will only pass to Client upon receipt by RMM of payment of all fees and disbursements which may be owed or owing, in full, without set-off or derogation, in accordance with these Terms.

13.8. This clause 13 will survive the termination or cancellation of these terms for any reason whatsoever.

14. LIMITATION OF LIABILITY AND INDEMNITY

14.1. Notwithstanding anything to the contrary which may be contained in these Terms, the Independent Contractor’s liability for any direct or indirect (including, without limitation, consequential) loss, damage, costs and / or expenses of any nature whatsoever which Client may suffer or incur as a consequence of, or which may arise from or be attributable to:

14.1.1. the services or any other work performed by an Independent Contractor;

14.1.2. any act or omission on the part of RMM or an Independent Contractor; and / or

14.1.3. any breach, fault, or negligence on the part of RMM or an Independent Contractor,

14.2. will be limited to the amount of the Fee paid by Client to RMM for those Services in respect of which the liability arose.

14.3. Client hereby indemnifies the Independent Contractor and holds them harmless in respect of any claims brought against them, RMM or an employee or officer of RMM, by a third party for loss, damage, liability, costs and / or expenses of whatsoever nature incurred as a consequence of or arising from or attributable to the services or any other work performed by a contractor, employee, officer or agent for Client, Client’s employees, officers or agents.

15. ASSIGNMENT

Neither party may assign any of its rights or obligations contained in these terms to any third party without prior notice to the other party.

16 DISPUTE RESOLUTION

16.1. Client and Independent Contractor shall use all reasonable efforts to resolve any dispute that may arise under these Terms through good faith negotiations. Client will nominate a senior representative of Client’s management to meet the Independent Contractor 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 the remaining provisions of this clause 16.

16.2. In the event of any dispute failing to be resolved through negotiation as per clause 16.1, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).

16.3. Such arbitration shall be held at Cape Town (unless arranged in writing, via video conference) 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. Parties will agree on an Arbitrator, failing which AFSA will appoint one.

16.4. 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.

16.5. 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.

16.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding. 16.6.1. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement. 16.6.2. 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. .

17. GENERAL

17.1. Remedies: Unless the contrary is stated herein, no remedy conferred by these Terms is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy will be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedies by any of the parties will not constitute a waiver by such party of the right to pursue any other remedy.

17.2. Severance: If any provision of these terms, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

17.3. Entire Agreement: These Independent Contractor Terms together with the RMM Terms of Service constitute the entire agreement between the parties in regard to its subject matter. Neither of the parties will have any claim or right of action arising from any undertaking, representation or warranty not included in these terms

17.4. Variations: No agreement to vary, add to or cancel these terms will be of any force or effect unless agreed to in writing by or on behalf of RMM, the Client and the Independent Contractor.

17.5. General Co-operation: RMM, Client and Independent Contractor will cooperate with each other and execute and deliver to the other party such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of these Independent Contractor Terms.

17.6. Survival of Rights, Duties and Obligations: Termination of these Terms for any cause will not release either party from any liability which at the time of termination has already accrued to the other party or which thereafter may accrue in respect of any act or omission prior to such termination. .

TERMS BETWEEN RECRUITMYMOM AND ITS INDEPENDENT CONTRACTORS

DEFINITIONS
1. For purposes of these Terms:
  1. "Affiliates" means any entity that directly or indirectly controls, is controlled by, or is under common control with the Client, including any parent company, subsidiary, holding company, group company or associated entity within the Client’s corporate group.
  2. "Agreement" means these Terms together with any annexures and appendices hereto.
  3. "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
  4. "Candidate" means any person introduced, referred, sourced or presented by RMM to a Client.
  5. "Client" means any person, company or organisation to whom RMM provides recruitment services, including any entity requesting, receiving or benefiting from the introduction of a Candidate, and includes the Client’s Affiliates where applicable.
  6. "Company" means RecruitMyMom (Pty) Ltd (Reg No. 2012/088360/07), also herein referred to as RMM.
  7. "Confidential Information" means any non-public information disclosed by or relating to the Company, the Client or any Candidate, including but not limited to business information, candidate profiles, CVs, remuneration information, recruitment processes, databases, fee structures, trade secrets, know-how and Personal Information, whether disclosed orally, electronically or in writing and whether or not marked as confidential, but excluding information that is or becomes publicly available through no breach of this Agreement, was lawfully known to the receiving party prior to disclosure, is independently developed without reference to such information, or is required to be disclosed by law.
  8. "Company Associate" means any director, employee, consultant, contractor, agent or representative of the Company acting in the course of or in connection with the Company’s recruitment services.
  9. "Contractors" means Freelancers, Independent Contractors, Contractors, Fractional Consultants or Independent Virtual Assistants sourced through RMM.
  10. "Effective Date" means the earliest date on which a Client or Candidate engages with RMM’s recruitment services, including but not limited to acceptance of these Terms, submission of a job specification, receipt of Candidate information, participation in interviews or recruitment discussions facilitated by RMM, or the commencement of Candidate services for a Client, whichever occurs first.
  11. "Fees" means the recruitment or service fees payable by the Client to RMM for performing RMM Services.
  12. "Permanent Employee Terms" means the terms applicable to Candidates engaged by a Client as permanent employees as set out in Annexure A.
  13. "Permanent Placement Fee" means the placement fee payable by a Client to the Company in respect of a permanent placement as described in Annexure A.
  14. "Fixed Term Employment" means employment for a specified period, project or event which terminates on the occurrence of that event or the expiry of the agreed period.
  15. "Fixed Term Employee Terms" means the terms applicable to Candidates engaged by a Client in Fixed Term Employment as set out in Annexure B.
  16. "Independent Contractor Terms" means the terms applicable to Candidates engaged by a Client as independent contractors as set out in Annexure C.
  17. "Law" means any applicable law, statute, regulation, directive, by-law or other legislative measure having the force of law in the Republic of South Africa.
  18. "Parties" means the Client and the Company collectively, and “Party" means either of them as the context requires.
  19. "Personal Information" has the meaning assigned in the Protection of Personal Information Act.
  20. "POPIA" means the Protection of Personal Information Act 4 of 2013.
  21. "Prime Rate" means the prime lending rate of Standard Bank of South Africa.
  22. "RMM Network" means the RecruitMyMom candidate database, social media followers and recruitment team.
  23. "RMM Services" means the recruitment and other ancillary services provided by RMM to Clients and Candidates.
  24. "RSA" means the Republic of South Africa.
  25. "Loss" means any loss, damage, liability, cost or expense, including reasonable legal costs.
  26. "Terms" means the collective terms of service governing the utilisation of RMM’s service offering and collectively found at https://www.recruitmymom.co.za/terms-and-conditions.
INTERPRETATION
1. This Agreement constitutes the sole memorandum of agreement between the Parties relating to the subject matter hereof (but shall be supplemented by the RMM’s Terms, to the extent applicable) and no variation or addition hereto or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by the Parties.
2. Any reference to “days” shall be a reference to calendar days unless defined otherwise and unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day.
3. The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
PREAMBLE
It is recorded that:
1. The Company is an online recruitment company specialising in sourcing and matching skilled candidates to companies offering meaningful standard and non-standard employment, full-time permanent or flexible permanent jobs, fixed-term jobs and independent contractor work.
2. The purpose of this Agreement is to provide for the terms and conditions governing the basis on which independent contractors provide services to RMM Clients.
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, 66 of 1995 (as amended) (“LRA”), 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 LRA, the Basic Conditions of Employment Act, 75 of 1997 (as amended) (“BCEA”) or any other act or regulation that is applicable to issues of employment.
DURATION
1. This Agreement shall be deemed to have commenced on the Effective Date.
2. Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.
3. Notwithstanding termination of this Agreement for any reason whatsoever, any clauses that by implication, or as specifically specified, are needed to endure after the termination of this Agreement shall continue to do so.
EFFECTIVE DATE
1. It is recorded that you have applied to be appointed as an Independent Contractor for RecruitMyMom (Proprietary) Limited (Registration Number: 2012/088360/07) (“RMM”), on the terms and conditions set out in this agreement (this “Independent Contractor Agreement”).
2. This Independent Contractor Agreement is effective from the date on which you agree to be bound to RMM’s terms, found on the RMM website (“RMM’s Website”) using the following link: https://www.recruitmymom.co.za/terms-and-conditions (collectively “RMM’s Terms”) as evidenced by you accepting RMM’s Terms in accordance with clause 16.8) (“Effective Date”).
RMM OBLIGATIONS
1. RMM shall -
  1. contact you should it source work that is suited to your level of skill and experience in order to invite you to apply for such work, should RMM, within its sole discretion, deem it appropriate to do so;
  2. determine the hourly or fixed rate (as the case may be) that RMM will charge Clients.
  3. in accordance with clause 7.1.21, invoice the Client from the 21st of each month, unless mutually agreed otherwise, in respect of your time and disbursements;
  4. take reasonable steps to obtain payment from Client of RMM’s invoice for fees (due within 7 (seven) days of receipt of invoice by a Client from RMM (as per RMM’s Terms)) for a period of 90 (ninety) days from date of receipt of invoice;
  5. pay to you all due amounts for work concluded on the last day of the month in which RMM receives them; or, if received between the 1st and 7th day of the following month, on the 15th day of the month following receipt;
  6. only process “Personal Information” (as defined in clause 10) provided by you in a manner which is adequate, relevant and not excessive, taking into account the purpose for which it was collected, and for which it is processed;
  7. correct or delete, upon receipt of a written notice from you in terms of Clause 10.6, any Personal Information about you that you identify as being inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted; and
  8. not provide Personal Information to third parties except as otherwise provided for in this
  9. Independent Contractor Agreement (or pursuant to RMM’s Terms).
2. For the avoidance of doubt, your successful registration as a job-seeker on RMM’s Website shall not, in and of itself, oblige RMM to source work that is suited to your level of skill and experience, nor to invite you to apply for such work.
3. RMM does not run credit history checks on its Clients and does not warrant or guarantee that its Clients are able to, or will, pay for services rendered when payment is due, or at all.
INDEPENDENT CONTRACTOR OBLIGATIONS
1. You shall:
  1. carry out all work for Clients in accordance with the provisions of RMM’s Terms;
  2. conduct yourself with honesty and integrity, and at all times in a manner that is appropriate for an Independent Contractor of your experience;
  3. refrain from any conduct that might bring the name of RMM into disrepute;
  4. warrant that you are capable of performing the required services and otherwise possess the necessary knowledge, skills and expertise required;
  5. ensure you have up to date equipment to perform the required services, load-shedding contingency plans to perform the required service;
  6. ensure that you are, and remain, up to date with all relevant changes in the field/s in which you work/practice;
  7. comply with all legislation, regulations, and professional codes and rules that are relevant to you and the work for which you are engaged;
  8. be responsible for your own business and tax affairs;
  9. declare to RMM if the majority (80%) of your income comes via RMM Clients you are contracted with;
  10. not (unless otherwise specified) be entitled or eligible to participate in any benefits or privileges provided by RMM Clients to their employees;
  11. not negotiate the remuneration rate directly with RMM’s Client nor discuss the rate agreed between you and RMM to the Client. RMM will present the rate inclusive of the RMM service fee to the Client;
  12. keep accurate records of time spent working for, and disbursements incurred on behalf of, Clients;
  13. provide RMM with an invoice (in a form acceptable to RMM) of services rendered and complete, if required by Client, the RMM online time tracking sheet of such services and associated costs by no later than the 20th of each month;
  14. notify RMM immediately, in writing, of the termination or cancellation of any relationship between you and a Client as soon as you become aware thereof;
  15. notify RMM immediately of your inability to perform in terms of any agreement between you and a Client as soon as you become aware thereof;
  16. when dealing with a Client, refer work or services where possible to RMM;
  17. when receiving a referral to a prospective Client from a Client, inform RMM of such referral so that it may engage with such prospective Client to conclude RMM’s Terms with such prospective Client and load the required details onto RMM’s administrative systems;
  18. not undertake, nor procure, any services with the Client other than in accordance with the RMM’s Terms, and inform RMM timeously of the provision, or intention to procure, further services with the Client. For the avoidance of doubt:
    1. . the performance of such further work or services shall be governed by the RMM’s Terms, irrespective of whether or not you have complied with your obligation to inform RMM thereof; and
    2. this clause shall survive the termination or cancellation of this Consulting Agreement and shall apply for 12 (twelve) months after such termination or cancellation;
  19. if you breach your obligation to inform RMM of the provision of work or services by you to one of its Clients as stipulated in 7.1.18, and as a result, RMM does not receive the service fees due to it, be liable to pay to RMM the sum of R20,000.00 (twenty thousand Rand) as damages. In the case of such a breach, RMM may elect to claim either the sum of damages incurred or the sum of R20,000.00 (twenty thousand Rand) from you;
  20. 7.1.18 and 7.1.19 will not apply in circumstances where the Client was introduced to RMM by you, provided that you notify RMM of your intention to do work for such Client after having left RMM;
  21. appoint RMM as your agent to:
    1. invoice the Client on your behalf for fees earned and disbursements incurred by you; and
    2. take reasonable steps to obtain payment of any invoices for your fees within the first 90 (ninety) days following date of receipt by a Client of any invoices; whereafter, unless otherwise agreed, RMM shall cease to act as your agent in this regard and you are free to pursue the recovery of your own fees;
  22. not use any trademark, name or device of RMM for any unauthorised purpose;
  23. not, without the prior written consent of RMM and the facilitation of its appointed media representative, communicate with the media:
    1. in relation to your association with RMM, any matter in which you have worked as an Independent Contractor or any matter arising directly or indirectly as a result of public relations endeavours undertaken by RMM; or
    2. under the RMM brand.
  24. You acknowledge that you are not an employee of RMM, and are not entitled to any rights and/or benefits bestowed upon employees in terms of any South African labour law.
2. If you are approached with an offer of engagement or professional instruction from a third party that you believe could give rise to a conflict of interest (whether perceived or real) between you and RMM, or between you and a Client, or because the business of the said third party is similar to or competes with RMM or a Client, you are required to notify RMM for the purpose of allowing it to consult with you to determine whether the said engagement or instruction could give rise to any such conflict, and if so, how best to proceed.
CLIENT RESOURCES
1. The Independent Contractor acknowledges that Client resources, including servers, computers, workstations, monitors, printers, telefax machines, telephones, postal services, e-mail facilities and internet facilities are for conducting Client business.
2. The Independent Contractor will have no expectation of privacy in relation to the use of the resources provided by Client.
3. The Independent Contractor understands and accepts that Client may, at Client's discretion, monitor their use of the resources and intercept, acquire, read, view, inspect, record and/or review any and all communications created, stored, transmitted, spoken, sent, received or communicated by the Independent Contractor on, over or in the resources or otherwise. The Independent Contractor hereby expressly consents to Client doing so.
CONFIDENTIALITY
1. For the purposes this clause 9, any reference to “Confidential Information” shall mean:
  1. all information owned exclusively by RMM relating to its business and which is disclosed to you in furtherance of any engagement with you in accordance with the RMM’s Terms; and
  2. all information owned exclusively by a Client relating to that Client’s business and which is disclosed to you by the Client in furtherance of any engagement with you in accordance with RMM’s Terms, as the case may be, and shall include, without limitation, information relating to the contact information of Clients, instructions received from Clients or the like, it's business strategy, operations and performance, technical know-how and data, methods, databases, supplier information, technology infrastructure, processes and procedures, and finances.
2. You acknowledge that, in the course of your relationship with RMM, you may become privy to Confidential Information. In this regard, you will treat all Confidential Information as strictly secret and confidential, even after the termination of this Consulting Agreement, and, if requested by RMM or any Client, at any time, return to RMM or any Client and/or delete or destroy any Confidential Information contemplated by this clause.
3. You are expected to use devices (including PC’s, laptops, tablets and smartphones) of your choosing to carry out work for Clients. You are solely responsible for all costs associated with your device(s). RMM shall not be liable for any damage to your device(s) or loss of any personal or other data from your device(s).
INFORMATION PROVIDED TO RMM
1. For the purposes of 6.1.6 to 6.1.8 above and this clause 10:
  1. “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law; and
  2. “Personal Information” shall mean personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013 (as amended) (“POPIA”); and “Processing” shall mean processing as defined in POPIA), and “Process” shall have a corresponding meaning.
2. You acknowledge that RMM requires you to provide Personal Information relating to you and, in respect of 10.2.1 below only, Personal Information relating to third parties from time to time in order to:
  1. assess and verify your suitability as an Independent Contractor (including, for example, your curriculum vitae, details of your tertiary qualifications, professional background, details relating to your referee(s) and any criminal record that you may have);
  2. give effect to this Independent Contractor Agreement (including, for example, your full name, identification/passport number, tax number, telephone and mobile numbers, email addresses, postal and residential addresses, banking details, your preferred working conditions and details of the competency areas in which you intend to work);
  3. promote you as an Independent Contractor as and when determined by RMM;
  4. promote the business of RMM during the currency of this Consulting Agreement; and
  5. give effect to RMM’s Terms.
3. You acknowledge that the Personal Information contemplated by 10.2 above is reasonably required by RMM to give effect to the purposes set out in 10.2, and you undertake to provide RMM with any further Personal Information where such Personal Information is reasonably required by RMM to give effect to the purposes set out in 10.2.
4. You voluntarily consent to RMM Processing the Personal Information that is provided to it pursuant to this Consulting Agreement in order to give effect to the purposes set out in 10.2 and warrant that RMM shall be entitled to process such Personal Information without seeking any further permissions or consents from you and/or any relevant third parties.
5. You accept that all Personal Information referred to in 10.2 includes but is not limited to Personal Information submitted by you via RMM’s Website upon application to be appointed as an Independent Contractor, and any information provided to RMM by you in any other form from time to time.
6. You undertake to notify RMM in writing of any Personal Information provided by you that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“Defective Information”) so that such Defective Information may be corrected or deleted accordingly, and you accept that RMM cannot be held responsible for the consequences of processing Defective Information where it is not aware of the nature and extent of the defects in such Defective Information.
7. You accept that RMM may disclose Personal Information about you to any of its employees, consultants, Clients, prospective Clients, officers, agents, suppliers, service providers or subcontractors insofar as this is reasonably necessary for the purposes set out in 10.2 above.
8. You accept that RMM may retain and/or disclose Personal Information about you that is in its possession or under its control:
  1. to the extent that it is required or permitted to do so by Law;
  2. in connection with any legal proceedings or prospective legal proceedings;
  3. in order to establish, exercise or defend RMM’s or your legal rights (including but not limited to providing information to others for the purposes of fraud prevention and reducing credit risk);
  4. to protect the rights, property or personal safety of another Independent Contractor, any member of the public or any shareholder, director, employee, agent or representative of RMM itself;
  5. in the course of its business and commercial activities; and
  6. to provide you with job notifications and newsletters outlining general new jobs and any developments that may be of interest, until such time as you advise RMM otherwise in writing or unsubscribe from its mailing list.
9. You accept that Personal Information that RMM collects about you may be:
  1. stored and processed in and transferred between any of the countries in which it operates in order to enable it to process such information in accordance with the RMM’s Terms; and
  2. transferred to or between various countries internationally as a consequence of RMM using information technology hosted or operated by third parties in or from such countries to store and/or process any information in its possession or under its control, which countries may not have data protection laws that are equivalent to those in force in the Republic of South Africa.
10. You accept that:
  1. Personal Information that you submit for publication on RMM’s Website or in any online or print media, whether by way of a testimonial or an article, will or may be published on the internet (as the case may be) and may be available, via the internet, around the world; and
  2. RMM cannot prevent the use or misuse of such information by others.
LIMITATION OF LIABILITY
1. Notwithstanding anything to the contrary which may be contained in this Independent Contractor Agreement, RMM shall not be liable for any direct or indirect (including consequential) loss, damage, costs and/or expenses of any nature whatsoever which you may suffer or incur as a consequence of or which may arise from or be attributable to any acts or omissions on its part.
2. You hereby indemnify RMM and hold it harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which RMM may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and/or expenses of any nature whatsoever suffered or incurred by RMM as a result of any claims brought against the Client, RMM or yourself by any third party. Your liability under this indemnification shall be in addition to your liability to RMM on account of any breach of contract or in delict.
BREACH
1. Should either Party commit a breach of any provision of this Independent Contractor Agreement and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the other Party requiring it to do so, then the Party aggrieved by such breach will be entitled, without prejudice to its other rights at law, or in terms of 14 below, to claim specific performance and/or damages.
TERMINATION
1. The Client or Independent Contractor may, in its sole discretion, terminate the services, on no less than 24 (twenty-four) hours’ written notice to RMM and the other party, unless otherwise agreed in writing. A courtesy notice of 10 (ten) Business Days in writing to RMM and the other party is encouraged.
DISPUTE RESOLUTION
1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Independent Contractor Agreement through good faith negotiations. RMM shall nominate a senior representative of its management to meet with you (the Independent Contractor) 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 the remaining provisions of this clause 14.
2. In the event of any dispute failing to be resolved through negotiation as per clause 14.1 above, the said dispute or difference shall be submitted to arbitration in accordance with the provisions set out below. Arbitration will happen in accordance with the rules as set out by AFSA (Arbitration Foundation of Southern Africa).
3. Such arbitration shall be held at Cape Town (or with written agreement from RMM via video conference) 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. Parties will agree on an Arbitrator, failing which AFSA will appoint one.
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/her 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 Independent Contractor 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 Independent Contractor Agreement.
GOVERNING LAW AND JURISDICTION
1. Regardless of the place of execution, performance or domicile of the Parties, this Independent Contractor 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.
GENERAL
1. Each Party warrants that this Independent Contractor Agreement has been duly authorised by it and has been entered into by a duly authorised representative and that all consents, licenses, permits and authorisations have been obtained and all conditions of all governmental and other authorities have been fulfilled to enable it to enter into this Independent Contractor Agreement and to perform all its obligations hereunder.
2. The rule of construction that this Independent Contractor Agreement shall be interpreted against the Party responsible for the drafting of this Independent Contractor Agreement, shall not apply.
3. You may not subcontract or assign the obligations under these terms to any third party without the prior consent of RMM.
4. This Independent Contractor 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 Independent Contractor Agreement shall be binding upon the Parties. No variation, abandonment or waiver of rights or obligations under this Independent Contractor Agreement or consensual cancellation of the Independent Contractor Agreement, shall be binding unless it is in writing and signed by the Parties.
5. If any provision of this Independent Contractor Agreement, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
6. 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’ right under this Independent Contractor Agreement.
7. Termination of this Independent Contractor Agreement for any cause will not release either Party from any liability which at the time of termination has already accrued to the other Party, whether in accordance with this Independent Contractor Agreement or RMM’s Terms or which thereafter may accrue in respect of any act or omission prior to such termination.
8. The Parties agree that the Independent Contractor Agreement will be electronically accepted as binding on the Parties when you check the “I agree to the Terms and Conditions of www.recruitmymom.co.za” box, during the registration process on RMM’s Website. RMM will keep an electronic record of you having checked the box in question, and both you and RMM agree that such record shall be the same as your handwritten signature for the purposes of validity, enforceability and admissibility.

AMENDMENT TO TERMS

RMM may revise these terms at any time by updating Terms on the Website. Any use of this Website will be considered acceptance by you of the then-current Terms. A change will be communicated via engagement, newsletters and job notifications. THE ENGAGEMENT OF A CANDIDATE OR CLIENT INTRODUCED BY RECRUITMYMOM (PTY) LTD IN ANY CAPACITY WILL SIGNIFY YOUR ACCEPTANCE OF THESE CONDITIONS

Terms & Fees Of RecruitMyMom

GENERAL

GENERAL

DEFINITIONS

DEFINITIONS

WEBSITE TERMS

WEBSITE TERMS

Job and CV Posting

Intellectual Property

Disclaimer

Limitation of Liability and Indemnity

General Provisions

Dispute Resolution

Governing Law

Contact

SUMMARY OF RECRUITMENT SERVICES

SUMMARY OF FEES

EMPLOYER TERMS OF SERVICE

INTERPRETATION

PREAMBLE

DURATION

INTRODUCTION OF CANDIDATES

FEES

INFORMATION PROVIDED TO RMM

USE OF CANDIDATE INFORMATION

REFERENCE AND VERIFICATION CHECKING

INDEMNITY AND LIMITATION OF LIABILITY

BREACH

TERMINATION

DISPUTES

GOVERNING LAW AND JURISDICTION

GENERAL PROVISIONS

ANNEXURE A- PERMANENT TALENT TERMS

PERMANENT PLACEMENT FEE

THREE MONTH WARRANTY FOR PERMANENT PLACEMENTS

REFUND OPTION (SUBJECT TO REPLACEMENT PROCESS)

ANNEXURE B - FIXED TERM TALENT TERMS

FIXED TERM PLACEMENT FEE

ADJUSTMENT OF FIXED TERM PERIOD (OPERATIONAL CHANGES)

TERMINATION AND REPLACEMENT

CONDITIONS OF REPLACEMENT

CONVERSION CONTRACT TO PERMANENT

ANNEXURE C - INDEPENDENT CONTRACT HIRING TERMS

SERVICES

SERVICE FEE

INVOICING PROCEDURE

FURTHER WORK

PLACEMENT FEE – CONVERSION OF INDEPENDENT CONTRACTOR TO PERMANENT

RELATIONSHIP BETWEEN THE PARTIES

INDEPENDENT CONTRACTOR CONDUCT

CLIENT CONDUCT

9. PAYMENT

10. BREACH

11. TERMINATION

12. USE OF CLIENT SYSTEMS

13. INFORMATION EXCHANGED

14. LIMITATION OF LIABILITY AND INDEMNITY

15. ASSIGNMENT

16 DISPUTE RESOLUTION

17. GENERAL

TERMS BETWEEN RECRUITMYMOM AND ITS INDEPENDENT CONTRACTORS

DEFINITIONS

INTERPRETATION

PREAMBLE

DURATION

EFFECTIVE DATE

RMM OBLIGATIONS

INDEPENDENT CONTRACTOR OBLIGATIONS

CLIENT RESOURCES

CONFIDENTIALITY

INFORMATION PROVIDED TO RMM

LIMITATION OF LIABILITY

BREACH

TERMINATION

DISPUTE RESOLUTION

GOVERNING LAW AND JURISDICTION

GENERAL

AMENDMENT TO TERMS

NOTICES

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