These terms and conditions outline the agreement between [Your Agency Name] (the "Agency"), a placement and staffing agency [PTY LTD - if applicable, keep this], and both our clients (the "Client") and candidates (the "Candidate"). These terms cover various aspects, including the job application process, confidentiality, agency fees, and the obligations of all three parties involved.

1. Confidentiality 

2. 1. The Agency is committed to protecting the privacy and confidentiality of personal information provided by both Clients and Candidates.

3. Acceptance and Placement Fees for Permanent Employment 

4. 2. The Client's acceptance of these terms and conditions occurs when the Client interviews a Candidate introduced by the Agency. Upon confirmation of the Candidate's permanent employment with the Client, or with any third party to whom the Client has referred the Candidate's CV or interest, the placement fee becomes payable.

5. Acceptance and Fees for Contract Placement 

6. 3. In the case of contract placement, the placement fee becomes payable once a Candidate commences employment with the Client or with any third party to whom the Client has referred the Candidate's CV or interest. The agreed-upon hourly rate will include both the Agency's fee and the contractor's hourly remuneration and will be billed in accordance with the relevant statement of work documents.

7. Placement Guarantee 

8. 4. The Agency provides a guarantee for permanent placements. This guarantee protects Clients in the event that an employee does not meet expectations according to prescribed and agreed deliverables or exhibits unacceptable behavior leading to termination within the initial three (3) months of employment due to labor regulation violations. In such instances, the Agency will provide a replacement Candidate free of charge within three (3) weeks.

9. Payment Terms and Replacement Eligibility 

10. 5. To qualify for the permanent placement guarantee, full payment of the placement fee must be received by the Agency within fourteen (14) days of the Candidate's commencing employment, provided that an invoice has been delivered to the Client. Should the Client terminate the engagement, they must notify the Agency in writing within one (1) business day of the termination. The Client is then entitled to a replacement Candidate free of charge within thirty (30) working days from the date of receiving notice of termination.

11. 6. Candidate Engagement and Non-Circumvention 

    7. 6. Should a client commence employment negotiations with any Candidate recommended by the Agency within twelve (12) months from the date on which the Candidate's documents were delivered to the Client, a fee (as described in this document) will become due and payable to the Agency. The same provisions apply if a client assists a Candidate introduced by the Agency in any way to find remunerative work of a permanent or temporary nature within twelve (12) months from the date on which the Candidate's documents were delivered to the Client. In the case of a contractor, the Client shall not offer employment to the Candidate, whether directly or through any other third-party company, during the contract period or for a period of twelve (12) months from the end date of the contract.

1. 7. Permanent Placement Fee 

   8. 7. The permanent placement fee charged will be calculated at 12% to 14% of the Total Cost to Company annual remuneration.

   9. Contractor Markup

   10. 8. In the case of a contractor, a percentage markup on the contractor's hourly fee shall be negotiated as demanded by the specific position and shall not exceed 14%.