Standard Terms and Conditions
1. Definitions
- "CML Recruitment": CML Recruitment Specialists (Pty) Ltd.
- "CLIENT": Any individual or entity engaging or intending to engage CML Recruitment for recruitment services.
- "AFFILIATED ENTITY": Any entity affiliated with the CLIENT, including subsidiaries, holding companies, or entities within the same group, or entities to which the CLIENT refers introduced candidates.
2. Recruiting Service
CML Recruitment provides recruitment services tailored to the CLIENT’s requirements and will use its best efforts to identify suitable candidates for employment with the CLIENT, subject to the terms outlined herein.
3. Liability for Placement Fee
A placement fee becomes due if:
- A candidate introduced by CML Recruitment is engaged by the CLIENT or any AFFILIATED ENTITY in any capacity (employee, contractor, consultant, etc.) within 12 months of introduction.
- Engagement includes any form of employment, consultancy, freelance, part-time, or project-based assignments.
- Confirmation via email or acceptance of interviews or offer terms constitutes engagement.
4. Fee Structure
Permanent Placements:
- 12% of the candidate’s annual Total Cost to Company (CTC), with a 90-day replacement guarantee.
- CTC includes: basic salary, allowances (e.g., car), company contributions (pension, provident, medical aid), and any guaranteed or taxable benefits.
Contract Placements:
- 25% of the monthly CTC multiplied by the number of contract months.
• If a contract candidate leaves early, CML Recruitment will replace them at no additional cost for the remaining contract duration, provided:
- A 1-week notice period is included in the contract.
- CML Recruitment is notified promptly.
- If a replacement is not found within 1 week, a 50% credit of the remaining fee is applied.
Contract-to-Permanent:
- If a contractor becomes a permanent employee:
- Within 3 months: Full permanent placement fee applies.
- After 3 months: Fee is reduced to 10% of annual CTC (excluding VAT), with no guarantee.
General Payment Terms:
- Placement fees exclude VAT.
- CLIENT must confirm the CTC before employment starts; otherwise, it defaults to the candidate's last known remuneration.
- Invoices are payable within 14 days of the candidate's start date.
- Late payments incur a 2% monthly interest charge.
- Invoice disputes must be raised in writing within 5 business days of receipt. Otherwise, the invoice is deemed accepted.
5. Guarantees
- Permanent placements are guaranteed for 90 days, contingent on invoice payment within 14 days.
- Guarantee excludes terminations due to redundancy, retrenchment, restructuring, management change, unfair dismissal, or breach of contract.
- CML Recruitment reserves a 4-week exclusive replacement period.
- Only one replacement per position is allowed.
- If CLIENT sources a replacement privately or through another agency within 4 weeks, the guarantee lapses.
Credit Refund Schedule:
- 0–30 days: 60%
- 31–60 days: 40%
- 61–90 days: 20%
Credits:
- Are valid for 12 months.
- May be used for future placements.
- Are not redeemable for cash.
6. Engagement
Engaging any candidate introduced by CML Recruitment constitutes acceptance of these terms. Any changes must be agreed to in writing by an authorised CML Recruitment representative.
7. Final Selection
While CML Recruitment assesses candidates based on CLIENT requirements, the CLIENT is responsible for final selection.
- CML Recruitment may offer assistance with background, criminal, and credit checks.
- The CLIENT remains responsible for any additional due diligence.
- CML Recruitment disclaims liability for any consequences arising from the candidate’s employment.
8. Candidate Ownership Period
If a candidate introduced by CML Recruitment is hired in any capacity by the CLIENT within 12 months of referral, a full placement fee is payable.
9. Non-Circumvention
The CLIENT shall not refer introduced candidates to third parties or affiliated entities without CML Recruitment's written consent. Such referrals resulting in employment will incur full placement fees.
10. Data Protection and Confidentiality
Both parties shall adhere to the Protection of Personal Information Act (POPIA).
- Personal information shall be lawfully processed.
- Reasonable organisational and technical safeguards will be implemented to protect such information.
11. General
- No amendments to these terms shall be binding unless agreed in writing by CML Recruitment.
- CLIENT may not rely on any oral representation or warranty not explicitly recorded herein.