Recruitment Terms and Conditions

In these Terms, unless the context indicates otherwise:

• “Acceptance Form” means the online form published by HirePro at /recruitment-agreement (or any successor address) by which the Client accepts these Terms, together with all information submitted through it.
• “Assignment” means a request by the Client, in any form, that HirePro source, search for or introduce Candidates for a particular role.
• “Associated Company” means, in relation to the Client, any holding company, subsidiary, fellow subsidiary, branch, division, franchisor, franchisee, joint venture, business partner, shareholder, director, member, trustee, or any other entity or person that directly or indirectly controls, is controlled by, or is under common control with the Client, and any entity in which the Client or its directors, members or shareholders hold an interest.
• “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
• “Candidate” means any person whose details are Introduced to the Client by HirePro under these Terms, including a person Introduced for a role other than the role for which they were originally Introduced.
• “Commencement Date” means the first date on which a Candidate performs any work for or renders any service to the Client or an Associated Company, whether on a permanent, fixed-term, temporary, part-time, casual, probationary, trial, shadowing, unpaid, freelance, consulting, independent contractor, or any other basis.
• “Engagement” means the employment or engagement of a Candidate by the Client or an Associated Company in any capacity whatsoever, whether directly or indirectly, whether under a contract of employment, a contract for services, a fixed-term contract, a labour broking or temporary employment service arrangement, an independent contractor agreement, a partnership, a directorship, a consultancy, or any other arrangement, and whether or not remunerated, and “Engage” and “Engaged” have corresponding meanings.
• “Fee” or “Placement Fee” means the placement fee set out in clause 6.1.
• “Fee Trigger Date” means the earlier of (a) the date on which the Candidate accepts the Client’s offer of Engagement, whether by signature of a contract, by written or electronic communication, or by conduct; and (b) the Commencement Date.
• “Introduction” means the first communication by HirePro to the Client, by any means, of any information from which the identity of a Candidate is or becomes ascertainable, including a curriculum vitae, a profile, a summary, a name, a photograph, a contact detail, a verbal identification, or a referral, and “Introduce” and “Introduced” have corresponding meanings.
• “Introduction Period” means the period of 12 (twelve) months calculated from the date of Introduction of the relevant Candidate.
• “Parties” means HirePro and the Client, and “Party” means either of them.
• “Placement” means an Engagement arising from an Introduction.
• “Platform Terms” means the HirePro Terms of Service published at /terms, as amended from time to time, which govern the HirePro shift-booking platform and Talent Pool.
• “POPIA” means the Protection of Personal Information Act 4 of 2013.
• “Recruitment Services” means the services described in clause 3, being the sourcing, searching for, screening, shortlisting and Introduction of Candidates for permanent or fixed-term Engagement by the Client.
• “Terms” means this document, as amended from time to time in accordance with clause 18.

• the singular includes the plural and vice versa, and a reference to one gender includes the others;
• a reference to a natural person includes a juristic person and vice versa;
• clause headings are for convenience only and do not affect interpretation;
• the words “including”, “includes” and “in particular” are not words of limitation;
• a reference to any legislation is a reference to that legislation as at the effective date and as amended, re-enacted or replaced from time to time;
• where a number of days is prescribed, those days are calculated by excluding the first day and including the last day, and if the last day falls on a day that is not a Business Day, the last day is the next Business Day;
• the rule of construction that an agreement is interpreted against the party responsible for its drafting does not apply; and
• any provision that contemplates performance or observance after termination survives termination.

These Terms become binding on the Client on the earlier of the date on which an authorised representative of the Client submits the completed Acceptance Form; and the date on which the Client requests, accepts or receives an Introduction from HirePro after having been provided with a copy of or a link to these Terms.

The Client agrees that submission of the Acceptance Form, including the typing of the signatory’s full name in the signature field and the ticking of the acknowledgement boxes, constitutes an electronic signature as contemplated in section 13(3) of the Electronic Communications and Transactions Act 25 of 2002, is intended by the Client to authenticate and bind it to these Terms, and has the same legal force and effect as a handwritten signature on a paper document. The Client waives any objection to the admissibility or evidential weight of the Acceptance Form and its associated electronic record on the basis that it is a data message.

The person completing the Acceptance Form warrants that they are duly authorised to bind the Client to these Terms and, if that warranty proves to be false, that person binds themselves personally as surety and co-principal debtor with the Client, jointly and severally, for all amounts owing under these Terms.

If the Client Engages a Candidate without having submitted the Acceptance Form, the Client is nevertheless liable to HirePro for the Fee in respect of that Candidate, and these Terms apply to that Placement, on the basis that the Client accepted these Terms by conduct in requesting, receiving, retaining or acting upon the Introduction.

These Terms apply to all Recruitment Services rendered by HirePro to the Client and to every Introduction made by HirePro to the Client, whether before or after the date of acceptance, and supersede all prior discussions, quotations, representations, correspondence and arrangements between the Parties in relation to Recruitment Services.

No terms or conditions put forward by the Client, whether in a purchase order, vendor onboarding pack, supplier agreement, service level agreement, email or otherwise, apply to the Recruitment Services or vary these Terms, unless expressly accepted by HirePro in writing signed by a director of HirePro. HirePro’s silence, its commencement of work, or its acceptance of a purchase order does not constitute acceptance of any such terms.

The Platform Terms govern the HirePro shift-booking platform, shift bookings, the Talent Pool, and the Talent Pool Unlock. These Terms govern Recruitment Services only.

• the Recruitment Services are a separate, paid service that is distinct from, and is not included in, the Platform Terms, any shift booking, any subscription, or any Talent Pool Unlock;
• a Talent Pool Unlock is not an Introduction. Where the Client independently browses the Talent Pool and purchases an Unlock in respect of a candidate, no Placement Fee is payable in respect of that candidate under these Terms;
• an Introduction under these Terms arises only where HirePro actively sources, searches for, screens or presents a Candidate to the Client under an Assignment, and identifies that Candidate to the Client in a written or electronic communication that refers to the Recruitment Services or to these Terms; and
• to the extent of any conflict or inconsistency between these Terms and the Platform Terms in relation to a Candidate Introduced under these Terms, these Terms prevail, and the Placement Fee is payable in respect of such a Candidate notwithstanding anything in the Platform Terms recording that no placement or finder’s fee is charged.

HirePro will identify in writing, at the time of each Introduction, that the Introduction is made under these Terms and that the Placement Fee applies. HirePro will not charge a Placement Fee in respect of any candidate not so identified.

HirePro acts solely as an introduction agent. HirePro sources, screens and introduces Candidates. HirePro does not employ Candidates, does not remunerate Candidates, does not supervise or control Candidates, and is not a party to any Engagement between the Client and a Candidate.

On and from the Commencement Date the Client is the sole employer of the Candidate for all purposes. HirePro is not the employer or deemed employer of any Candidate placed under these Terms.

The relationship between the Parties is that of independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, employment relationship, or fiduciary relationship between the Parties.

HirePro’s appointment is non-exclusive. The Client may use other recruitment providers and may recruit directly. HirePro may render services to other clients, including the Client’s competitors, and may introduce the same Candidate to more than one client.

HirePro is under no obligation to accept any Assignment, to source any minimum number of Candidates, to complete any Assignment, or to make any Placement. HirePro may decline or withdraw from an Assignment at any time without liability.

HirePro charges no fee, deduction, levy or cost of any kind to any Candidate or work seeker for the Recruitment Services, and no amount may be deducted from any Candidate’s remuneration in respect of the Fee. The Fee is payable by the Client alone.

HirePro will:

• use reasonable skill and care in sourcing, screening and Introducing Candidates it considers, in its opinion, to be potentially suitable for the role described by the Client;
• provide the Client with such information about each Candidate as HirePro has obtained and is permitted to disclose;
• confirm each Introduction in writing or electronically; and
• comply with POPIA in its processing of Candidate personal information.

The Client will:

• provide HirePro with a full, accurate and lawful description of the role, including duties, required qualifications, required experience, hours of work, place of work, remuneration and benefits, start date, and any statutory, licensing, health, safety or security requirement applicable to the role;
• notify HirePro immediately in writing if the role is withdrawn, filled, materially changed, or placed on hold;
• notify HirePro in writing within 3 (three) Business Days of making an offer of Engagement to a Candidate, of a Candidate accepting an offer, and of a Candidate’s Commencement Date;
• notify HirePro in writing within 3 (three) Business Days if the Client becomes aware that a Candidate Introduced by HirePro was already known to the Client or was already in a live recruitment process with the Client at the time of Introduction, failing which the Client waives any right to dispute the Fee on that basis;
• conduct all verification and due diligence contemplated in clause 10 before Engaging any Candidate;
• not disclose any Candidate’s details to any third party except as permitted in clause 13;
• comply with all applicable law in its dealings with Candidates, including the Employment Equity Act 55 of 1998, the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, the Occupational Health and Safety Act 85 of 1993, the Compensation for Occupational Injuries and Diseases Act 130 of 1993, the Immigration Act 13 of 2002, and POPIA; and
• not make any offer of Engagement conditional on the Candidate paying any amount to the Client or to HirePro.

The Placement Fee is R5 000.00 (five thousand rand) per Candidate Placed.

The Fee is a flat amount per Candidate. It does not vary with the Candidate’s remuneration, seniority, the duration of the Engagement, the type of Engagement, or the time HirePro spent on the Assignment.

HirePro is not currently registered as a vendor for value added tax purposes and no VAT is charged on the Fee. If HirePro becomes liable to register for VAT, VAT at the prevailing rate will be added to all Fees invoiced on and after the date on which HirePro’s VAT registration takes effect, and HirePro will notify the Client in writing before doing so.

A separate Fee is payable in respect of each Candidate Engaged, including where the Client Engages more than one Candidate from a single Assignment or from a single shortlist.

HirePro charges no retainer, no search fee, no shortlist fee, no advertising fee and no administration fee unless separately agreed in writing and signed by both Parties before the cost is incurred.

The Fee is earned in full on the Fee Trigger Date and is not apportionable.

Not more than one Placement Fee is payable in respect of the same Candidate within a single Introduction Period, however many of the circumstances described in clause 9.2 apply to that Candidate. If the Client Engages the same Candidate again after the expiry of an Introduction Period, and that later Engagement follows a fresh Introduction by HirePro, a further Fee is payable.

The Fee is payable, without deduction, set-off or demand, within 14 (fourteen) calendar days of the Fee Trigger Date, being the earlier of the date the Candidate accepts the Client’s offer of Engagement and the Candidate’s Commencement Date.

HirePro will issue an invoice on or after the Fee Trigger Date. The Client’s obligation to pay by the due date is not suspended by any delay in issuing, delivering or receiving an invoice.

The Client may not withhold, set off, deduct or delay payment of any amount for any reason, including any dispute, counterclaim, or the departure or conduct of a Candidate.

The Client must notify HirePro in writing of any dispute regarding an invoice, with full reasons, within 7 (seven) calendar days of the date of the invoice. Failing such notice, the Client is deemed to have accepted the invoice as correct and due. A dispute regarding one invoice does not entitle the Client to withhold payment of any other invoice.

Any amount not paid on the due date bears interest from the due date to the date of actual payment, both dates inclusive, calculated daily and compounded monthly in arrears, at the prescribed rate of interest determined from time to time in terms of the Prescribed Rate of Interest Act 55 of 1975. Interest will not exceed the amount permitted by the in duplum rule.

If HirePro instructs an attorney or debt collector to recover any amount owing, the Client is liable for all costs of recovery on the attorney and own client scale, including tracing fees, collection commission and counsel’s fees.

HirePro may suspend all Recruitment Services, withhold further Introductions, and suspend the Client’s access to any HirePro service, while any amount is overdue.

If a Candidate accepts an offer of Engagement and the Client thereafter withdraws the offer, cancels the Engagement, or the Engagement does not commence for any reason attributable to the Client, the Fee remains payable in full. If the Candidate withdraws or fails to commence for a reason not attributable to the Client, no Fee is payable, and any Fee already paid will be credited against a future Placement.

Payment must be made by electronic funds transfer to the bank account nominated on HirePro’s invoice, quoting the invoice number as reference. Payment is deemed made only when the funds reflect as cleared in HirePro’s account.

A certificate signed by any director of HirePro stating the amount owing by the Client, and that the amount is due and payable, constitutes prima facie proof of the Client’s indebtedness for the purposes of obtaining provisional sentence, summary judgment or default judgment, and the Client bears the onus of disproving it. The signatory’s authority need not be proved.

If a Placed Candidate’s Engagement terminates within 90 (ninety) calendar days of the Commencement Date, HirePro will conduct one further search and Introduce replacement Candidates for the same role at no additional Placement Fee, provided that every condition in clause 8.2 is met.

The guarantee applies only if all of the following are satisfied:

• the Fee for the original Placement was paid in full on or before its due date;
• no other amount owing by the Client to HirePro is overdue;
• the Engagement terminated because the Candidate resigned voluntarily, or because the Client lawfully and fairly dismissed the Candidate for misconduct, incapacity or poor work performance following a procedurally and substantively fair process;
• the Client notified HirePro of the termination in writing within 7 (seven) Business Days of the date on which notice of termination was given or received;
• the Client complied in all material respects with its obligations to the Candidate under the contract of Engagement and under applicable labour legislation, including the payment of agreed remuneration on time;
• the role, its duties, its remuneration, its hours and its place of work were not materially different from the role described to HirePro when the Assignment was given;
• the replacement role is the same or a substantially similar role at a substantially similar remuneration; and
• the Client instructs HirePro to conduct the replacement search within 30 (thirty) calendar days of the date of termination, and does not instruct any other recruitment provider in respect of that role during the replacement search.

The guarantee does not apply where the Engagement terminates by reason of:

• retrenchment, redundancy, restructuring, operational requirements, closure, sale of business, or a transfer contemplated in section 197 of the Labour Relations Act;
• the death, disability, serious illness, incarceration or deportation of the Candidate;
• a material change to the role, remuneration, hours, reporting line or place of work after the Commencement Date;
• a constructive dismissal, an unfair labour practice, an unfair dismissal, or any conduct by the Client found or alleged to be unlawful;
• the Client’s failure to pay the Candidate, to provide a written contract of employment, or to comply with the Basic Conditions of Employment Act;
• the Client’s insolvency, business rescue, liquidation or cessation of trading; or
• mutual separation, abandonment of the role by the Candidate following unlawful conduct by the Client, or expiry of a fixed term.

The guarantee may be exercised once per original Placement. No guarantee attaches to a replacement Candidate. HirePro’s obligation is to conduct a reasonable further search and to Introduce suitable Candidates; it is not an obligation to achieve a successful replacement Placement.

The Placement Fee is not refundable in whole or in part under any circumstances. No rebate, credit, discount or set-off is payable or allowed if a Candidate’s Engagement terminates, regardless of when or why it terminates, and regardless of whether the guarantee applies. The Client’s rights under this clause 8 are its sole and exclusive remedy in respect of the early termination of a Placement, and the Client waives all other remedies, whether in contract, in delict, under statute or otherwise.

The Fee is payable in respect of any Candidate Engaged by the Client or an Associated Company at any time during the Introduction Period, being 12 (twelve) months from the date of Introduction.

Without limiting clause 9.1, the Fee is payable where, during the Introduction Period:

• the Client Engages the Candidate in the role for which the Candidate was Introduced;
• the Client Engages the Candidate in any other role, whether more senior, more junior, in a different department, or in a different location;
• an Associated Company Engages the Candidate;
• the Candidate is Engaged following a re-application, a direct approach, a referral, or a response to an advertisement, whether initiated by the Client or by the Candidate;
• the Candidate is Engaged through another recruitment agency, labour broker, temporary employment service, consultant or third party;
• the Candidate is Engaged on a temporary, casual, shift, trial, probationary, unpaid, freelance, independent contractor or consultancy basis, or such an Engagement subsequently converts to permanent employment, subject always to clause 6.7; or
• the Client discloses the Candidate’s details to a third party in breach of clause 13 and that third party Engages the Candidate, in which case the Fee is payable by the Client.

The Client must notify HirePro in writing within 3 (three) Business Days of any event in clause 9.2. Failure to notify does not affect the Client’s liability for the Fee.

Where HirePro reasonably believes on written grounds that a Candidate has been Engaged without notification, the Client must, within 10 (ten) Business Days of written request, confirm in writing whether that Candidate has been Engaged and, if so, provide the Commencement Date and role. This clause does not entitle HirePro to access the Client’s records or the Candidate’s personal information.

The Parties agree that the amounts payable under this clause 9 represent a genuine pre-estimate of the value of the Introduction to the Client, are the same amount as the Fee payable on an ordinary Placement, are not a penalty, and are fair and reasonable in the circumstances.

During the currency of these Terms and for 12 (twelve) months thereafter, the Client will not directly or indirectly solicit, induce or employ any employee, director, consultant or contractor of HirePro who was involved in rendering the Recruitment Services, without HirePro’s prior written consent. If the Client breaches this clause, the Client will pay HirePro an amount equal to 3 (three) times the Placement Fee, being R15 000.00, which the Parties agree is a genuine pre-estimate of HirePro’s loss and is not a penalty.

The Client alone decides whether to interview, shortlist, offer, Engage, retain or dismiss any Candidate. The Client makes that decision in its own independent judgement and at its own risk. HirePro does not recommend, endorse, approve, certify or vouch for any Candidate, and no communication from HirePro may be construed as doing so.

HirePro gives no warranty, representation, guarantee or undertaking, express or implied, and to the fullest extent permitted by law all such warranties are excluded, that any Candidate:

• is suitable, competent, skilled, experienced or able to perform the role;
• is honest, trustworthy, reliable, punctual or of good character;
• holds the qualifications, certificates, registrations, licences or accreditations they claim to hold;
• has the work history, references or employment record they claim to have;
• is legally entitled to work in the Republic of South Africa or holds a valid visa, work permit, asylum seeker permit or refugee status;
• has no criminal record, no adverse credit record and no history of dishonesty, misconduct, dismissal, or workplace incident;
• is medically fit, free of communicable disease, or fit to perform the physical requirements of the role;
• is not subject to any restraint of trade, non-compete, non-solicitation, confidentiality or other restrictive undertaking in favour of a former employer;
• will accept an offer, will commence work, will remain in the Engagement for any period, or will not resign; or
• has provided accurate, complete or truthful information.

All information about a Candidate provided by HirePro to the Client originates from the Candidate or from third parties. HirePro does not independently verify it and gives no warranty as to its accuracy, completeness or currency. Any screening HirePro conducts is a preliminary, non-exhaustive commercial filter for HirePro’s own purposes. It is not a background check, a vetting service, a security clearance or a due diligence exercise, and the Client may not rely on it.

Before Engaging any Candidate the Client must, at its own cost, conduct all checks that a reasonable employer in the Client’s industry would conduct, including:

• verification of identity and of the right to work in South Africa, including in terms of the Immigration Act 13 of 2002;
• verification of qualifications with the issuing institution or with SAQA;
• taking up references with previous employers;
• criminal record checks, credit checks and any other background screening the Client considers necessary, in each case with the Candidate’s lawful consent;
• verification of professional registrations, licences, food handling certificates, drivers licences, PDPs and any other regulatory requirement applicable to the role; and
• any pre-employment medical or fitness assessment permitted by law.

The Client warrants that in deciding to Engage a Candidate it does not and will not rely on any statement, opinion, recommendation, profile, rating, screening outcome, assessment or representation made by HirePro, and that it relies solely on its own investigations and judgement.

From the Commencement Date the Client is solely responsible for the Candidate as its employee, including the contract of employment, remuneration, statutory deductions, PAYE, UIF, SDL, COIDA registration and cover, working conditions, health and safety, training, supervision, performance management, discipline, dismissal, and the defence of any dispute referred to the CCMA, a bargaining council, the Labour Court or any other forum.

HirePro is not liable, whether in contract, in delict, under statute or on any other basis, for any loss, damage, cost, expense, injury, claim or liability of any nature arising directly or indirectly from the acts or omissions of any Candidate, whether before, during or after an Engagement, including:

• theft, fraud, dishonesty, misappropriation, bribery or corruption;
• damage to or loss of any property of the Client, its customers, its staff or any third party;
• death of or injury to any person;
• food safety incidents, contamination, illness, or breach of health regulations;
• negligence, incompetence, poor performance, absenteeism, desertion or misconduct;
• breach by the Candidate of any restraint of trade or confidentiality undertaking owed to a third party;
• any misrepresentation made by the Candidate to the Client; or
• any claim, referral, award, order or cost arising from the employment relationship between the Client and the Candidate, including at the CCMA, a bargaining council, the Labour Court, the Equality Court, the Information Regulator or any other forum.

HirePro is not liable for any loss or damage arising from the Client’s decision to Engage or not to Engage any Candidate, from the unsuitability of a Candidate, from a Candidate declining or withdrawing from an offer, from a Candidate failing to commence, or from a Candidate resigning at any time.

HirePro is not liable for any indirect, special, incidental, punitive or consequential loss or damage, or for any loss of profit, loss of revenue, loss of business, loss of contract, loss of opportunity, loss of anticipated savings, loss of data, loss of goodwill, reputational harm, business interruption, or any regulatory fine, administrative penalty or arbitration award, whether or not HirePro was advised of the possibility of such loss.

Subject to clause 11.6, HirePro’s total aggregate liability to the Client arising out of or in connection with these Terms, the Recruitment Services, any Introduction, or any Placement, whether in contract, in delict, under statute or otherwise, is limited to the total Placement Fee actually received by HirePro from the Client in respect of the Placement giving rise to the claim, being a maximum of R5 000.00 per Placement.

Any claim by the Client against HirePro must be notified to HirePro in writing, with full particulars, within 3 (three) months of the date on which the Client first became aware or ought reasonably to have become aware of the facts giving rise to the claim, failing which the claim is extinguished and HirePro is released from all liability in respect of it. This clause does not extend any shorter period prescribed by law.

Nothing in these Terms excludes, limits or restricts HirePro’s liability for:

• its own fraud, dishonesty or wilful misconduct;
• its own gross negligence;
• death of or personal injury to any person caused by HirePro’s own negligence; or
• any other liability which may not lawfully be excluded or limited, including any liability which may not be excluded or limited in terms of section 51 of the Consumer Protection Act 68 of 2008 where that Act applies to the Client.

The Parties agree that the limitations in this clause 11 are fair, reasonable and just having regard to the nature and value of the Recruitment Services, the flat Fee of R5 000 charged, the fact that the Client controls the hiring decision, and the fact that the Client is able to insure against, and is best placed to manage, the risks arising from its own employees. The Client acknowledges that HirePro would not render the Recruitment Services at the Fee charged in the absence of these limitations, and that the Fee was set on that basis.

The Client indemnifies HirePro, and holds HirePro harmless, against all claims, demands, actions, proceedings, liabilities, losses, damages, fines, penalties, awards, costs and expenses (including legal costs on the attorney and own client scale) suffered or incurred by HirePro arising directly or indirectly from:

• the Engagement of any Candidate by the Client or an Associated Company, or the termination of that Engagement;
• any act or omission of a Candidate on or in relation to the Client’s premises, business, customers, staff or property;
• any claim brought by a Candidate against HirePro arising from the Client’s conduct, including any claim of unfair discrimination, unfair labour practice, unfair dismissal, non-payment, or breach of POPIA;
• the Client’s breach of these Terms;
• the Client’s breach of any applicable law, including labour, immigration, health and safety, and data protection law;
• the Client’s processing, use, retention, disclosure or loss of any Candidate’s personal information; and
• any inaccurate, incomplete or misleading information provided by the Client to HirePro or to a Candidate.

The indemnity in clause 12.1 does not extend to any claim to the extent that it arises from HirePro’s own fraud, wilful misconduct or gross negligence.

HirePro will notify the Client of any claim to which this indemnity applies within a reasonable time, and the Client may, at its own cost and with HirePro’s written consent (not to be unreasonably withheld), assume the defence of that claim. The Client may not settle or compromise any claim in a manner that imposes any obligation or admission on HirePro without HirePro’s prior written consent.

All information about a Candidate provided by HirePro to the Client, including curricula vitae, profiles, contact details, assessments and notes, is confidential information belonging to HirePro and is provided to the Client solely for the purpose of evaluating that Candidate for the role for which they were Introduced.

• keep all such information confidential and secure;
• disclose it only to those of its personnel who need it to evaluate the Candidate, and procure that they observe this clause;
• not disclose it to any third party, including any Associated Company, any other employer, any recruitment agency, or any group or industry contact;
• not use it for any purpose other than that stated in clause 13.1;
• not contact a Candidate’s current or previous employer, or take up any reference, without the Candidate’s prior consent; and
• securely destroy or delete the information of every Candidate not Engaged, within 6 (six) months of the conclusion of the recruitment process, unless the Candidate has consented to longer retention or the Client is required by law to retain it.

Clause 13.2 does not apply to information which is in the public domain otherwise than through breach of this clause, which the Client can prove it lawfully held before Introduction, or which the Client is required by law or court order to disclose, in which case the Client will notify HirePro in advance where lawful to do so.

The Client’s obligations under this clause survive the termination of these Terms and continue for so long as the information remains confidential.

Each Party is an independent responsible party as defined in POPIA in respect of the personal information it processes under these Terms. Neither Party is the operator of the other.

HirePro processes Candidate personal information in accordance with POPIA and its Privacy Policy published at /privacy. HirePro Introduces a Candidate only where that Candidate has consented to the Introduction or where another lawful basis for processing applies.

• process it only for the purpose of evaluating and, if applicable, Engaging that Candidate;
• apply appropriate, reasonable technical and organisational measures to secure it, as required by section 19 of POPIA;
• not transfer it outside the Republic of South Africa except in compliance with section 72 of POPIA;
• obtain the Candidate’s separate lawful consent before conducting any criminal record check, credit check or medical assessment, and before processing any special personal information as defined in section 26 of POPIA;
• retain and destroy it in accordance with clause 13.2 and section 14 of POPIA;
• respond to any data subject request it receives, and notify HirePro within 3 (three) Business Days of any request that concerns HirePro’s processing; and
• notify HirePro in writing within 24 (twenty four) hours of becoming aware of any unauthorised access to or acquisition of Candidate personal information received from HirePro, and comply with section 22 of POPIA.

The Client’s information relating to its representatives is processed by HirePro for the purposes of concluding and administering these Terms, invoicing, and rendering the Recruitment Services, on the lawful basis of performance of a contract and HirePro’s legitimate interests.

The Client indemnifies HirePro in respect of any claim, fine or penalty arising from the Client’s processing of Candidate personal information, as further provided in clause 12.1.

Either Party may terminate these Terms on 30 (thirty) days written notice to the other. Termination does not affect any Introduction already made, any Fee already earned or accrued, the Introduction Period in respect of any Candidate already Introduced, or any accrued right or obligation.

If either Party commits a material breach of these Terms and fails to remedy it within 7 (seven) Business Days of written notice requiring it to do so, the aggrieved Party may, without prejudice to any other right, cancel these Terms and claim damages.

• fails to pay any amount on its due date;
• is placed under provisional or final liquidation, business rescue, sequestration or judicial management, or commits an act of insolvency;
• ceases to carry on business or disposes of a material part of its business; or
• breaches clause 9, 13 or 14.

Clauses 1, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 survive termination.

Neither Party is liable for any failure or delay in performing its obligations, other than an obligation to pay money, to the extent that the failure or delay is caused by an event beyond its reasonable control, including an act of God, fire, flood, storm, epidemic, pandemic, war, civil unrest, riot, looting, strike affecting a third party, national state of disaster, load shedding or sustained power outage, failure of a telecommunications or internet provider, cyber attack, or an act or order of government.

The affected Party must notify the other as soon as reasonably possible and use reasonable endeavours to mitigate the effect. If the event continues for more than 60 (sixty) days, either Party may terminate these Terms on written notice, without liability, save for amounts already accrued.

These Terms are governed by and interpreted in accordance with the law of the Republic of South Africa.

The Parties will first attempt in good faith to resolve any dispute by negotiation between senior representatives within 10 (ten) Business Days of written notice of the dispute.

If the dispute is not resolved, either Party may institute proceedings in a court of competent jurisdiction.

The Client consents, in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, to the jurisdiction of the Magistrates’ Court for the district of Cape Town in respect of any proceedings arising out of these Terms, notwithstanding that the amount in dispute may exceed the jurisdiction of that court. HirePro is not obliged to institute proceedings in that court and may, at its election, institute proceedings in the High Court of South Africa, Western Cape Division, Cape Town.

Nothing in this clause prevents either Party from approaching a court for urgent interim relief.

Where the Consumer Protection Act 68 of 2008 applies to the Client, nothing in these Terms limits the Client’s right to refer a matter to the National Consumer Commission, the Consumer Goods and Services Ombud, or any other forum contemplated in that Act.

These Terms, together with the completed Acceptance Form, constitute the whole agreement between the Parties in relation to the Recruitment Services and supersede all prior negotiations, representations, warranties and agreements in relation to that subject matter, whether oral or written.

The Client acknowledges that it has not relied on any representation, warranty, promise or statement not expressly recorded in these Terms.

HirePro may amend these Terms by publishing an amended version, with a new version number and effective date, at /recruitment-terms, and by notifying the Client in writing at least 30 (thirty) days before the amendment takes effect. An amendment does not apply to any Assignment already accepted or any Candidate already Introduced before the effective date of the amendment. If the Client does not accept an amendment, it may terminate these Terms on written notice before the amendment takes effect.

No other variation, amendment, addition, cancellation or waiver of these Terms, and no consent, relaxation or indulgence granted under them, is of any force or effect unless reduced to writing and signed by both Parties. Signature by electronic means as contemplated in clause 2.2 satisfies this requirement.

No failure or delay by HirePro in exercising any right constitutes a waiver of that right. No indulgence granted to the Client constitutes a novation, waiver or estoppel.

The Client may not cede, assign, delegate or transfer any of its rights or obligations under these Terms without HirePro’s prior written consent. HirePro may cede and assign its rights, including its right to claim any Fee, without the Client’s consent.

Each provision of these Terms is severable. If any provision is or becomes invalid, unenforceable or unlawful, it is severed to the minimum extent necessary and the remaining provisions continue in full force and effect. If a provision would be valid if part of its wording were deleted or its scope reduced, it applies with such modification as is necessary to make it valid and enforceable.

The Parties choose the following addresses as their domicilium citandi et executandi for all purposes under these Terms. HirePro: 22 Riebeek Street, Cape Town City Centre, Cape Town, Western Cape, 8001, email info@hireprostaff.co.za. The Client: the physical address and email address recorded in the Acceptance Form, or any address subsequently notified in writing.

• if delivered by hand during business hours, on the date of delivery;
• if sent by email, on the first Business Day after the date of transmission, provided no delivery failure notification is received; and
• if sent by prepaid registered post, on the 7th (seventh) Business Day after posting.

A written notice actually received by a Party is adequate notice, notwithstanding that it was not sent to or delivered at its chosen address.

The Client must notify HirePro in writing within 10 (ten) Business Days of any change to its name, registration number, address, email address, or the identity of its authorised representative.