Terms of Use

Terms and Conditions of Business

It is envisaged that the users of this portal are Talent Seekers/Recruiters and Job/Placement Seekers. By using this portal, you accept to be bound by the terms and conditions of use laid out below. Flexible Resourcing Consultancy(Pvt) Limited, T/a Flexible Resourcing, reserves the right to update these terms and the onus is on the user to refer to these terms and conditions regularly and so be aware of any changes and/or updates as they occur.

Definitions and Interpretation:

In these conditions of use-

“Associated Recruitment Costs” means online advertising charges, travel costs, accommodation costs and out – of – pocket expenses related to the selection process.

“Client” means either of:

• the Talent Seeker or Recruiter seeking a Job/Placement Seeker to recruit as advised to the Consultant in this portal; or
• the Job/Placement Seeker seeking placement with a Talent Seeker/Recruiter in this portal.

 “Consultant” means Flexible Resourcing Consultancy (Pvt) Limited, T/A Flexible Resourcing.

“Consultant’s Website” means www.flexibleresourcing.biz

“Confidential information” means any information disclosed for the Purpose by one of the Parties (the “Disclosing Party”) to the other Party (the “Receiving Party”) or of which the other Party becomes aware, in the form of oral, written, graphic, machine-readable or any other tangible medium, and including without limitation, the Brand concept, designs, drawings, memoranda, correspondence, historical and projected financial information, operating data, cost structures, strategic and management plans, customer information, technology, know-how, processes, designs, samples, trade secrets, plans, intentions, technical data, models, reports, drawings, formulae, recipes, specifications, studies, calculations, procedures, compositions, devices, methods, protocols, techniques, design processes, manufacturing processes, other processes, samples, inventions, unpatented inventions, instructions, shop practices, plant layouts, production routing, costings data, other data, information, facts, conclusions, ideas, concepts, and technical knowledge, and schedules, information relating to market opportunities, transactions, business undertaken or to be undertaken by the disclosing Party, information concerning that Party’s customers, clients, suppliers, holding companies and/or subsidiaries made by either Party for the Purpose and all other materials.

“Contract” means the agreement entered into between the Consultant and the Client through the Client’s acceptance of these Terms of Use.

“Disclosing Party” means the Party (including its employees, agents, consultants, partners, associates, affiliates and other authorized participants) disclosing Confidential Information to a Receiving Party;

“Investment” refers to payment made by the Client for services rendered by the Consultant.

“You” and “User”, as used herein, refer to all entities and/or individuals accessing this portal for any reason and at any time.

“Job/Placement Seeker” means the individual seeking a job through this portal.

“Placement” means the successful candidate for a position following the selection process.

“Purpose” means use of the web portal to allow Clients to advertise jobs for potential employees, for job seekers to search to placements and the maintenance of the website by the Consultant.

“Receiving Party” means the Party (including its employees, agents, consultants, partners, associates, affiliates and other authorized participants) acquiring Confidential Information from the Disclosing Party in terms of this Agreement;

“Talent Seeker/Recruiter” means the entity seeking or recruiting talent through this portal.

Exclusivity:

The Consultant shall have exclusivity for each assignment undertaken through its online services.

Prohibited Use of Portal:

Users of this portal are prohibited from aggregating, disseminating, copying or duplicating in any manner any of the portal’s content or information. Distributing, sharing or passing on any logon details or information is strictly prohibited. The user accepts that the Consultant may institute measures to prevent this, including but not limited to tracking and tracing of IP addresses.

Membership is granted on a read only or personal basis and not for commercial use of any kind.

The Client agrees that these terms remain in place even after membership has lapsed, been cancelled or expired. The Client agrees to be liable for any damage or potential loss of income or placement fees the Consultant may have suffered as a result of not adhering to these terms.

Talent Seeker/Recruiter Brief:

When specifying the requirements for a particular position, the Client shall provide full details of-

1. The intended duties of the Placement;
2. Any special skills, authorisations, qualifications and training which the Placement is required to have. Further, the Client shall inform the Consultant if the Placement is required by law or professional body to have a particular qualification to carry out the role;
3. The date on which the Client requires the Placement to commence work;
4. The minimum rate of pay and other benefits which will be offered to the Placement;
5. The interval at which the Placement will be paid;
6. The length of notice either party would require to terminate the employment;
7. Any special hazards which the Placement would face on the job; and
8. Any health and safety information which the Client wishes the Consultant to pass on to the Job/Placement Seeker.

All the above together known as “the Role Details”.

Client and Consultant Roles:

The Client shall be responsible for-

1. Role Details for each position;
2. Position ads on the portal;
3. CV searches on the portal;
4. Participating in panel interviews;
5. Arranging medicals for candidates;
6. Associated recruitment costs, where applicable;
7. Obtaining any work and other permits, where applicable; and
8. Having the final say on the suitability of any candidates prior to any engagement.

The Consultant shall, on the other hand, be responsible for-

1. Ad responses;
2. Qualification checks;
3. Screening and shortlisting;
4. Arranging any Psychometric Testing and /or Assessment Centres, where required;
5. Personal profile analysis reports;
6. Interview facilities, where required;
7. Participating in panel interviews;
8. Reference checks;
9. Credit checks; and
10. Criminal checks.

The Consultant shall, on behalf of the Client, reimburse the job candidate all associated recruitment costs, excluding online advertising charges. All such costs will, in turn, be reimbursed to the Consultant by the Client within 14 days of the invoice date.

Investment:

Investment for the services offered under the Talent Marketplace is paid strictly by the Talent Seeker/Recruiter only for all service categories except for Vacation Placements which is offered for free. The investment comprises the following, over and above the online advertising charges:

1. Activation Fee/Retainer;
2. Shortlist Fee; and
3. Assignment Completion Fee.

You may e-mail the Business Partner(Placements) for a detailed breakdown of the above – listed fees and the online advertising charges.

All fees are expressed and calculated as a percentage of the Applicant’s anticipated (including guaranteed and non–guaranteed elements) gross remuneration which shall include (without limitation) basic salary, benefits, commission, bonuses, any premiums, living/accommodation allowances, profit share, “sign on” fees and other financial emoluments that have been provided to act as an incentive to the Applicant to join the Client.

The provision of a car is valued at prescribed rates and will be considered as additional remuneration for purposes of determining the applicable fees.

All fees due are subject to a 50% (fifty percent) deposit.

Value Added Tax will be charged over and above the stipulated rates.

The rates for each assignment will remain in force for a period of 3 months (each being a period of 30 consecutive days) – this period will be effective from the date the Client provides the Role Details for the assignment.

The balance of the fees will be payable within 14 days of the invoice date which invoice will be issued on the engagement of the Placement (engagement shall include engaging the Placement either as an employee, a consultant, a partner or agent) notwithstanding the fact that the engagement may not comply with the Client’s original requirement or Role Details. The Consultant reserves the right to charge interest on all overdue invoices at the going rate, currently  5% (five percent) in terms of section 7 of the Prescribed Rate of Interest Act as read together with Statutory Instrument 164/09.

 In the event that more than one candidate is engaged, the Client will pay the full investment for the assignment in respect of each Placement. For part – time Placements, fees will be calculated by using the applicable gross annual remuneration and fee scale then pro rate the fees based on the period worked. In such instances, the client agrees to notify the Consultant and to accept liability for any further fee that will arise. Should an engaged Placement leave within 8 weeks, a free replacement or pro – rata rebate will apply, provided the relevant invoice will have been fully paid.

In the event that any Placement is rejected by the Client or any Placement rejects an offer of engagement by the Client, the full investment due to the Consultant shall be payable. The full investment will also be payable if, within 12 months –

1. The Client employs or engages the Placement in any capacity, either directly or via an employment agency. This also includes situations where the Placement is engaged at the Client’s corporate office or at any of the Client’s subsidiary companies; or
2. The Client uses the services of the Placement in any capacity, whether facilitated directly by the Client or by the Placement, including but not limited to outsourcing or corporate restructuring; or
3. The Client employs or engages the Placement as a direct or indirect result of the Placement responding to an internal or external advert published by the Client, its corporate office or any of the Client’s companies.

If any initiated assignment is cancelled or is deemed by the Consultant to be inactive beyond a period of 8 weeks, the Client shall pay the Consultant a cancellation fee of 10% (ten percent) of the stated gross remuneration for the position plus all associated recruitment costs.

In the event that an engagement terminates (whether by expiry of notice or otherwise) within 8 weeks of the date of commencement of work by the Placement and provided that –

1. The Client notifies the Consultant, in writing, of the termination of engagement within 7 days of such termination; and
2. The Client, or any person, firm, body or corporation associated with the Client shall not engage the Placement with 12 months from the date of such termination; and
3. The termination is not due to redundancy, constructive or unlawful dismissal and corporate restructuring, change of management/job description or Role Details, pregnancy, illness or injury; and
4. All monies due from the Client have been fully paid, and
5. The Client does not resort to the use of agencies and does not unduly delay the interview process, then

the Consultant shall endeavor to find a replacement Placement (as detailed in the Role Details in accordance with the engagement of the first Placement as deemed by the Consultant). If the Consultant does not find a replacement, the Consultant shall refund the fees, pro–rated to the period not worked within the   8-week period. Time lost through absence or holiday will be considered as time worked for the purposes of calculating any rebate that may be.

Confidentiality:

Both the Client and the Consultant will respect the confidentiality of candidates and of confidential information obtained in the course of doing business, unless the information is in the public domain or unless either party is served with an order issued by a Zimbabwean Court obliging the party, or parties, to disclose such information.

Reference checks undertaken by the Consultant from persons not proposed by the candidate shall first be cleared with the candidate.

The Client agrees to the use of its name as a reference in proposals or other similar submissions to other proposed Clients, unless the Client expressly forbids such reference.

Intellectual Property:

The Consultant retains copyright to all material provided to the Client.

Undertakings:

Both parties undertake to avoid causing or permitting anything to be done which may adversely affect the status, reputation or legal standing of the other party or which may be prohibited by law.

Suspension and Default:

Without prejudice to any rights and remedies available to it, the Consultant shall  be entitled to, on written notice to the Client, either to terminate this agreement wholly or in part or to withhold performance of all or any of its obligations under this agreement (and on giving of such notice all monies outstanding from the Client to the Consultant shall become immediately due and payable) if;

Any sum owing to the Consultant from the Client shall be unpaid 30 days after due date for payment.

In the event of a suspension of performance of this agreement, the Consultant shall be entitled to require, as a condition of resuming performance, pre–payment for any service to be rendered to the Client.

Breach

Should the client be found to be in breach of the terms and condition set herein, or it fails to perfrom its obligations under these conditions and fails to rectify the breach within seven (7) days of the dispatch by the Consultant or its agent by registered post or hand delivery or electronic mail of written notice requiting him or her to remedy such breach, the Consultant shall be entitled and without prejudice to any other rights available to it at law, either:

1. To cancel the transaction, regain possession of any moneys advanced in the provision of the services and retain any money paid by the client as liquidated damages in respect of the client’s breach; or
2. To claim immediate payment of the of any sums owing to the Consultant for any service rendered ; and or
3. To claim specific performance in terms of the conditions set therein.

Extent of Liability:

The Client recognizes that the Consultant is neither an agent nor is it in a partnership or collaboration with any Talent Seeker / Recruiter or Job Placement Seeker (‘the Counterparty”). To this extent, the Consultant shall not be liable for any wrongful or unlawful conduct by such Counterparty.

The Consultant shall not be liable to the Client for any losses whatsoever, including but not limited to loss of profit, loss of business, loss of use or any indirect, special, punitive or consequential damages.

The Consultant shall not be liable for any loss, injury, liability, damage, expense or duty incurred or suffered by the Client arising directly from or in any way connected with any engagement and, in particular, but without limitation to the foregoing, any such loss, injury, liability, damage, expense or delay arising from or in any way connected with –

1. Failure of the Placement to meet the requirements of the Client for all or any of the purposes for which is required by the Client, unless the Placement terminates(whether by expiry of notice or otherwise) with 8 weeks of the date of commencement of work by the Placement; or
2. Any act or omission of a Placement, whether willful, negligent, fraudulent, dishonest, reckless or otherwise; or
3. Any loss or injury or damage, expense or delay incurred or suffered by a placement after acceptance of an offer of engagement from the Client; or
4. Failure by a Job / Placement Seeker to obtain appointment as Placement within the time frame sought or at all; or
5. Termination by an employer of a Placement’s position with such employer through a Consultant assisted recruitment; or
6. Any other losses whatsoever,

Except any losses occurring owing to gross negligence of the Consultant. In the event of such liability attributable to the Consultant, the extent of the Consultant’s liability in damages shall not exceed one (1) month’s full salary of the Placement.

The Client hereby undertakes to indemnify the Consultant in respect of any and all liability of the Consultant which results from any breach of any of its obligations under these terms and conditions. The Consultant shall not be held liable for any failure or delay in performing its obligations where such failure or delay is caused by events beyond its reasonable control.

Staff:

The Client agrees not to make any offer of employment or to employ any member of the Consultant’s Business Partners working on an assignment with the Client. The Client also agrees not to use such person’s services as a Consultant, either independently, or via a third party for a period of 12 months, following the end of any involvement by the individual concerned with any assignment for the Client. Breach of this condition will render the Client liable to pay compensation to the Consultant equal to the percentile value charged for the position as calculated in terms of the Consultant’s service fees.

The Consultant also undertakes not to offer employment directly or indirectly to Client staff with whom they have a professional relationship during the period of the assignment and for 12 months after the completion of consulting work for the Client. Breach of this condition will render the Consultant liable to pay compensation to the Client, equal to the percentile value charged for the position as calculated in terms of the Consultant’s service fees.

General:

An agreement shall come into existence as soon as the user of this portal has initiated an assignment with the Consultant.

No alteration to these terms and conditions shall be effective unless expressly agreed to in writing by the Consultant and the client . If any part of this agreement is excluded by a court of law, that part alone will be excluded. The remainder of the agreement will remain binding and tort.

In the event of a dispute arising out of or in relation to, or in connection with this agreement, on breach, termination or invalidity thereof, the dispute shall be referred to and finally resolved by a single arbitrator appointed by the Parties, or, failing agreement on the choice of the arbitrator, chosen by the Head, for the time being, of the Commercial Arbitration Centre in Harare.

The arbitration shall be conducted in a swift and simple manner, and, generally, in terms of the laws relating to arbitration in force from time to time in Zimbabwe.

Disclaimer:

Whilst every endeavor will be made to ensure the suitability of Placements, as per the
Role Details from the Client, the Consultant’s task is to shortlist and provide a ranking of candidates as per the shortlist. Ultimately, the decision to employ a particular candidate rests with the Client and, as such, no liability can be accepted for any loss, damage or expense arising out of an introduction made by the Consultant.