Terms and Conditions

1. Definitions

1.1 "Affiliates" refers to any entity or individual that directly or indirectly controls, is controlled by, or is under common control with the employer, including but not limited to, parent companies, subsidiaries, partners, related companies, and any officers, directors, employees, or agents acting on behalf of such entities.

1.2 “Agreement” means this employment placement agreement governing the terms on which RMM assists Clients with employment placements of Candidates, together with any appendices hereto.

1.3 "Business Day" means any day other than a Saturday, Sunday or statutory public holiday in the RSA.

1.4 “Candidate” refers to any person selected and introduced to the Client by the Company.

1.5 “Candidate Services” shall mean those services requested by the Client and agreed to by a Candidate.

1.6 “Client” refers to the person, job-provider or company to whom the Company provides recruitment of permanent, temporary, contract or freelance staff.

1.7 “Company” refers to RecruitMyMom (Proprietary) Limited (Registration Number: 2012/088360/07), a recruitment agency performing recruitment placement services, also herein referred to as RMM.

1.8 “Company Associate” means employees, officers or agents of the Company.

1.9 “Confidential Information” means confidential information and shall embrace all data, documentation, specifications, proposals, trade secrets, know how, accounts, financial statements, circumstances or events, transactions, computer readable data (including, but not limited to any software programme, financial information, analyses, compilations, studies, interpretations, databases, manuals, practices, procedures, internal systems and controls used, investment strategies), methods of payment, fee structures, working practices or any company information whatsoever, Personal Information, and all information in whatsoever form, tangible or intangible, pertaining to the Company, Client, Candidates and / or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

1.10 “Contractors” means any Freelancer, Independent Consultant or Virtual Assistant contracted via RMM to perform work for a client.

1.11 “Effective Date” means the date of this Agreement (being the date on which a Client agrees to be bound to the Company’s terms and conditions as evidenced by a Client accepting RMM’s Terms in accordance with clause 15.6) or the date on which a Candidate begins to perform any of the Candidate Services to a Client, whichever comes first.

1.12 “Fees” means the placement fees and reimbursable expenses payable by the Client to the Company for performing the RMM Services.

1.13“Fixed Term Employee Terms” means the terms applicable to Candidates who are engaged by a Client in Fixed Term Employment, the specified terms in respect of which are attached hereto marked Annexure B.

1.14 “Fixed Term Employment” means non-standard employment, where the term / duration of employment terminates on the occurrence of a specific event or the completion of a specified task or project or on a fixed date other than the employee’s normal or agreed retirement age.

1.15 “Independent Contractor Terms” means the terms applicable to Candidates who are engaged by a Client in an Independent Contracting capacity, the specified terms in respect of which are attached hereto marked Annexure C.

1.16 “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.

1.17 “Parties” means both the Client and the Company and “Party” shall be a reference to any of them as the context may require.

1.18 “Permanent Employee Terms” means the terms applicable to Candidates who are engaged by a Client as permanent employees, the specified terms in respect of which are attached hereto marked Annexure A.

1.19 “Permanent Placement Fee” means Fees due by Clients to the Company in respect of permanent employee placements are fully described in Annexure A.

1.20 “Personal Information” means “Personal Information” as defined in POPIA.

1.21 “POPIA” means the Protection of Personal Information Act (Act No. 4 of 2013), as amended.

1.22 “Prime Rate” means the rate publicly quoted by The Standard Bank of South Africa Limited, from time to time, as being its prime rate (expressed as a nominal annual compounded monthly in arrear rate), calculated on a 365 day a year factor, irrespective as to whether or not the year is a leap year and prima facie proven, in the event of there being a dispute in relation thereto, by certificate by any manager of the aforesaid bank (whose appointment, qualification or authority need not be proven).

1.23 “RMM Network” means, in addition to the RMM talent database, recruitment personnel utilised by RMM.

1.24 “RMM Services” means the recruitment placement services provided by RMM to Clients and as prescribed in this Agreement.

 1.25 “RMM’s Terms” means the collective terms of service governing the utlisation of RMM’s service offering and collectively found at https://www.recruitmymom.co.za/terms-and-conditions.

1.26  “RSA” means the Republic of South Africa.

2. General 

2.1. The use of the Website is governed by these Terms. Each time a user utilises the Website, the User agrees to be bound by these Terms. 

2.2. RMM may change these Terms at any time and will publish the amended and latest version. To the extent that these Terms are amended so as to alter a User’s rights in a substantial way materially, RMM will notify Users of any material change and a User shall be entitled to discontinue using the Website.

2.3. The User confirms acceptance of these Terms as modified, changed, supplemented or updated by RMM. 

2.4. These Terms incorporate all Ancillary Terms, with the User acknowledging that they have read and understand all Ancillary Terms and that the User agrees to be bound to them.

3. Use

3.1. The Website is intended for:

3.1.1. Individuals seeking employment and/or freelancing, independent contracting work and for employers seeking candidates for employment and/or contracting work; and

3.1.2. Other services that may be offered from time to time for Users.

3.2. As a jobseeker or employer, you agree that you are solely responsible for the content of any document and written communication you post to the Website and any consequences arising from such posting. 

3.3. Users are prohibited from, without limitation:

3.3.1. Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

3.3.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

3.3.3. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing";

3.3.4. Sending unsolicited e-mail, including promotions and/or advertising of products or services;

3.3.5. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability;

3.3.6. Collection of candidate information and CV’s for competitive commercial gain.

3.3.7. Communications or behaviours soliciting a RMM client’s business;

3.3.8. Submitting, uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other code, files or programmes designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;

3.3.9. Submitting, uploading, posting, e-mailing, collecting or storing “Personal Information” (as defined in terms of the Protection of Personal Information Act, No 4 of 2013 (as amended)) with respect to third parties except as contemplated by these Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.

3.3.10. Deleting or revising any material posted by any other person or entity;

3.3.11. Using the Website or Services for any purpose or in any manner that violates any Law including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers;

3.3.12. Submitting content that is implicitly or explicitly offensive (including but not limited to behaviour that promotes racism, bigotry, hatred or physical harm of any kind against any individual or group or harasses, incites harassment or advocates harassment of another any group or individual, involves the transmission of promoting or endorsing false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous);

3.3.13. Sending unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited mass mailing or "spamming") to Users; and/or

3.3.14. Directly or indirectly, intentionally disrupting or interfering with the Website or Services in any manner that may materially adversely affect RMM or any third party.

4. Website Job and CV Posting Rules

4.1. Documents shall not contain: 

4.1.1. material that infringes on or misappropriates any other intellectual property rights or violates the privacy or publicity rights of others; 

4.1.2. keywords or white text keywords (including any words embedded in a Document and hidden from the User); 

4.1.3. anything sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or 

4.1.4. anything embarrassing or offensive to another person or entity.

4.2. You may not use your Document(s) to: 

4.2.1. impersonate another person, living or dead; 

4.2.2. post false, inaccurate or misleading information; 

4.2.3. post advertisements or solicitations of business (including, but not limited to, commission only jobs, franchises, club memberships, distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); post chain letters or pyramid schemes; or

4.2.4. post opinions or notices, commercial or otherwise.

4..3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity. 

4.4. RMM is under no obligation to monitor Documents posted on the Website, but it does monitor Documents regularly. Documents found to violate these Terms will be removed at RMM’s discretion.

5. Intellectual Property

RMM retains all right, title and interest in the Website, all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, agreements, policies, information and all other material available on the Website which may not be copied, imitated or used, in whole or in part, without RMM’s written permission. RMM reserves all rights not expressly granted.

6. Disclaimer

6.1. By using the Website the User acknowledges and agrees that the Website is provided without any representations, warranties, promises or guarantees whatsoever of any kind including, without limitation, any representations, warranties, promises or guarantees regarding the accuracy, currency, completeness, adequacy, availability, suitability or operation of the Website and that the Website is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or a User’s hardware or software. RMM accepts no responsibility for any errors or omissions on the Website. 

6.2. RMM may, at any time, at its sole discretion, suspend or terminate the operation of any aspect of the Website without prior notice. 

7. Liability

7.1. RMM accepts no responsibility for the accessibility of the Website nor the provision of the Services. In no event will RMM or RMM’s Affiliates be responsible or liable for any Loss regardless of whether RMM or any RMM Affiliates has been advised of the possibility of such Loss, including without limitation any Loss related to the following:

7.1.1. the use or performance of the Website including any fault, delays, interruptions or lack of availability of the Website, including unauthorised access to a User’s account; 

7.1.2. the veracity of any information that a User provides to RMM; 

7.1.3. the failure to receive in any way the transmission of any data, content or property from a User;

7.1.4. any reliance on, or decision made on the basis of, information or material shown on or omitted from the Website; 

7.1.5. any conduct or content of any Third Party Providers and/or any Third Party Offerings; or

7.1.6. the User’s violation of these Terms and/or any Ancillary Terms.

7.2. To the fullest extent permitted by Law, the User indemnifies, defends and holds harmless RMM and RMM’s Affiliates from and against all Loss arising from or related to the above. This indemnity will bind upon and insure to the benefit/obligation of any successors, assigns, heirs and personal representatives of RMM and the User. The User’s obligations contained herein remain operative regardless of whether the User ceases to use any aspect of the Website. RMM reserves the right to exercise sole control over the defense, at the User’s expense, of any claim subject to indemnification pursuant to these Terms. 

7.3. Notwithstanding the fact that the Website may refer to Third Party Offerings, such Third Party Offerings are used entirely at the User’s risk and RMM is not responsible for any Loss, arising from the User’s use of Third Party Offerings. RMM does not endorse, warrant or make any representations about the content, products, services, security or reliability of any Third Party Offerings.

8. Severability

8.1. If any provision of these Terms is found to be invalid under any Law, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of these Terms will be enforced as if such provision was not included.

8.2. RMM may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. The User is prohibited from assigning, transferring, or subcontracting any rights and/or obligations under these Terms without RMM’s written consent.

9. Dispute Resolution

9.1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under these Terms through good faith negotiations. Each Party shall appoint a nominee to meet 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 9.

9.2. In the event of any dispute failing to be resolved through negotiation as per clause 9.1 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).

9.3. 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 RSA. Parties will agree on an Arbitrator, failing which AFSA will appoint one.

9.4. 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.

9.5. The arbitrator shall decide the matter submitted to him according to what he/she 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.

9.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

9.7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of these Terms.

9.8. 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 these Terms.

10. Laws, regulations and jurisdiction

The use of the Website shall be governed by, and construed in all respects in accordance with the laws of the RSA, and subject to the exclusive jurisdiction of the courts of the RSA.

11. Contact Us

11.1. Any questions or suggestions regarding these Terms, shall be sent via the Contact Us page. 

All rights reserved RecruitMyMom (Proprietary) Limited.

Recruitment & Staffing services: 

Permanent Hires 

Fixed-Term Hires

Independent Contracting Hires

Virtual Assistants

Full-Time Hires

Flexible Hires

ID, Credit, Criminal and Qualification verification

Online skills testing and Psychometric testing

Employers pay upon successful appointment; that's it! 

Job Seekers join Free.

RecruitMyMom is a generalist agency placing skills in over 200 various skill-sets. 

Job Type		Fee Structure excluding VAT
Permanent appointment Appointments are made for an indefinite period.		14% 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 Independent Contractors (HR, Accounts, Compliance etc), freelancers, gig workers, working contractually on projects.		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.		The rate is provided upfront to the client based on the experience, contract length, and skill required.

1. DEFINITIONS

1.1. “Agreement” means this employment placement agreement governing the terms on which RMM assists Clients with employment placements of Candidates, together with any appendices hereto.

1.2. "Business Day" means any day other than a Saturday, Sunday or statutory public holiday in the RSA.

1.3. “Candidate” refers to any person selected and introduced to the Client by the Company. 

1.4. “Candidate Services” shall mean those services requested by the Client and agreed to by a Candidate.

1.5. “Confidential Information” means confidential information and shall embrace all data, documentation, specifications, proposals, trade secrets, know how, accounts, financial statements, circumstances or events, transactions, computer readable data (including, but not limited to any software programme, financial information, analyses, compilations, studies, interpretations, databases, manuals, practices, procedures, internal systems and controls used, investment strategies), methods of payment, fee structures, working practices or any company information whatsoever, Personal Information, and all information in whatsoever form, tangible or intangible, pertaining to the Company, Client, Candidates and/or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

1.6. “Client” refers to the person, job-provider or company to whom the Company provides recruitment of permanent, temporary, contract or freelance staff.

1.7. “Company” refers to RecruitMyMom (Proprietary) Limited (Registration Number: 2012/088360/07), a recruitment agency performing recruitment placement services, also herein referred to as RMM.

1.8. “Company Associate” means employees, officers or agents of the Company.

1.9. “Effective Date” means the date of this Agreement (being the date on which a Client agrees to be bound to the Company’s terms and conditions as evidenced by a Client accepting RMM’s Terms in accordance with clause 15.6) or the date on which a Candidate begins to perform any of the Candidate Services to a Client, whichever comes first.

1.10. “Fees” means the placement fees and reimbursable expenses payable by the Client to the Company for performing the RMM Services.

1.11. “Permanent Employee Terms” means the terms applicable to Candidates who are engaged by a Client as permanent employees, the specified terms in respect of which are attached hereto marked Annexure A.

1.12. “Permanent Placement Fee” means Fees due by Clients to the Company in respect of permanent employee placements are fully described in Annexure A.

1.13. “Fixed Term Employee Terms” means the terms applicable to Candidates who are engaged by a Client in Fixed Term Employment, the specified terms in respect of which are attached hereto marked Annexure B.

1.14. “Fixed Term Employment” means non-standard employment, where the term/duration of employment terminates on the occurrence of a specific event or the completion of a specified task or project or on a fixed date other than the employee’s normal or agreed retirement age.

1.15. “Independent Contractor Terms” means the terms applicable to Candidates who are engaged by a Client in an Independent Contracting capacity, the specified terms in respect of which are attached hereto marked Annexure C.

1.16. “Consultants” means any freelancer, independent contractor or independent consultant who is contracted via RMM to perform work for a client.

1.17. “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.

1.18. “Parties” means both the Client and the Company and “Party” shall be a reference to any of them as the context may require.

1.19. “Personal Information” means “Personal Information” as defined in POPIA.

1.20. “POPIA” means the Protection of Personal Information Act (Act No. 4 of 2013), as amended.

1.21. “Prime Rate” means the rate publicly quoted by The Standard Bank of South Africa Limited, from time to time, as being its prime rate (expressed as a nominal annual compounded monthly in arrear rate), calculated on a 365 day a year factor, irrespective as to whether or not the year is a leap year and prima facie proven, in the event of there being a dispute in relation thereto, by certificate by any manager of the aforesaid bank (whose appointment, qualification or authority need not be proven).

1.22. “RMM Network” means, in addition to the RMM database, recruitment personnel utilised by RMM.

1.23. “RMM Services” means the recruitment placement services provided by RMM to Clients and as prescribed in this Agreement.

1.24. “RMM’s Terms” means the collective terms of service governing the utlisation of RMM’s service offering and collectively found at https://www.recruitmymom.co.za/terms-and-conditions.

1.25. “RSA” means the Republic of South Africa.

2. INTERPRETATION 

2.1. 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.

2.2. 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.

2.3. 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. 

3. PREAMBLE 

It is recorded that: - 

3.1. The Company is an online recruitment agency that specializes in sourcing and matching skilled candidates to companies offering meaningful standard and non-standard employment, full-time permanent or part-time permanent jobs, fixed-term jobs and independent contracting work.

3.2. 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. 

3.3. 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.

4. DURATION

This Agreement shall be deemed to have commenced on the Effective Date and shall terminate in accordance with clause 12.

5. INTRODUCTION OF CANDIDATES

5.1. The Company has a talent base of hundreds of thousands of skilled, experienced job-seekers throughout South Africa.

5.2. In the case where any Candidate is introduced to the Client through RecruitMyMom, and the Client hires the Candidate in any capacity within 1 (one) year of referral, the Client will be liable to pay Fees based on the nature of the actual placement (“Recruitment Fee”) being Fixed Term Employment (the Fixed Term Employment Terms will apply) or permanent employment (the Permanent Employment Terms will apply) or Independent Consulting Employment (the Independent Consulting Terms will apply).

5.3. The Client acknowledges and undertakes to contact RMM immediately should the Candidate approach the Client in order to secure placement directly.

5.4. 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.

5.5. The Client agrees that it shall at no time approach any Candidates nor Company Associates directly, with a view to employing them, or with a view to gain any Confidential Information.

5.6. Should any Company staff leave the employ of the Company and be employed by a Client within 1 (one) year 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.

5.7. Notwithstanding a termination of this Agreement for any reason, this clause will continue to apply for a period of 12 (twelve) months from termination.

6. FEES

6.1. All Fees due to RMM shall be paid in full (without deduction or set off) within 7 (seven) days of receipt of invoice (unless otherwise agreed in writing by RMM).

6.2. Interest calculated at the Prime Rate shall be charged, monthly, on all outstanding amounts due to RMM.

6.3. RecruitMyMom charges a minimum placement fee for permanent and contract placements below a threshold.

6.4. Where international transfer costs are levied on your payment to RMM, these costs will be for your account. In addition, any fees levied by either your bank or RMM’s bank on cash deposits and/or on cheque deposits will likewise be for your account.

6.5. If legal fees incurred by RMM are necessary for the recovery of fees owed by the Client, the Client shall be liable for all associated legal costs, including but not limited to attorney fees, court costs, and any other related expenses, should a court of competent jurisdiction determine such liability. This paragraph is without prejudice to any and all other legal rights that RMM may have against the Client.

6.6 Our fees are reviewed annually. The most up-to-date terms and conditions, including any fee adjustments, will be available on our website.

7. INFORMATION PROVIDED TO RMM 

7.1. RMM will require Confidential Information from Clients from time to time to provide Clients with the RMM Services and Clients undertake, subject to 7.3, to provide or arrange access to such Confidential Information for RMM as and when RMM determines necessary. This Confidential Information will only be used by RMM for invoicing and other administrative purposes (where such Confidential Information relates to contact details and invoicing information); for the purposes of identifying Candidates for possible selection by Clients and enabling Candidates selected by Clients to provide the Candidate Services; and / or for the purposes of conducting its business, client communication and commercial activities.

7.2. Unless otherwise agreed between Client and RMM and subject to these terms, RMM will treat Confidential Information provided by Client in terms of this clause 7 as confidential.

7.3. The Client warrants that it shall at all times have the necessary authority, permissions and / or licences to provide Confidential Information in terms of 7.1, including but not limited to authority, permissions and / or licences to provide information relating to third parties.

7.4. RMM will use the Confidential Information provided by the Client in terms of 7.1 for the purposes set out therein and retain such Confidential Information in whatever form until such time that you request in writing the destruction or deletion thereof.

7.5. RMM will use your contact details to provide you with newsletters outlining the services it and its Candidates provide and any developments that may be of interest, until such time as you advise it otherwise in writing or unsubscribe from its mailing list.

7.6. All title, copyright and any other intellectual property in any documents of whatsoever nature generated or amended by RMM as a result of the provision by it of the RMM Services will only pass to you 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 this Agreement. 

7.7. You accept that Confidential Information that RMM collects about Clients may be:

7.7.1. stored and processed in and transferred between any of the countries in which it operates in order to enable it to process such Confidential Information in accordance with this Agreement; and

7.7.2. transferred to or between various countries internationally as a consequence of RMM using information technology hosted or operated by a third party in or from such countries to store and/or process any Confidential 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 jurisdiction in which you reside. RMM will, as far as reasonably practicable in the circumstances, use information technology hosted or operated by a third party in or from countries whose data protection laws are equivalent to those in force in the jurisdiction in which you reside.

7.8. This clause 7 will survive the termination or cancellation of this Agreement for any reason whatsoever.

8. REFERENCE & VERIFICATION CHECKING

8.1. RMM will complete a minimum of two employment reference checks before Client interview stage, where possible. If this condition is not met, the Client will be informed that the checks are outstanding. 

8.2. Verification checks, if authorised by the Candidate, will be done on the Client's request. Biometrics criminal checks and ID checks are included in the fee, and others may be charged for separately. It is customary for verification checking to be undertaken only at the stage when, subject to satisfactory reference and verification checking, the Candidate will receive an offer of employment.

9. WORKING HOURS

The Client agrees and acknowledges that all working hours will be subject to and in accordance with the provisions of the BCEA.

10. INDEMNITY AND LIMITATION OF LIABILITY

10.1. 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:

10.1.1. Candidate Services;

10.1.2. any act or omission on the part of a Candidate;

10.1.3. any breach, fault or negligence on the part a Candidate;

10.1.4. 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;

10.1.5. 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;

10.1.6. 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

10.1.7. any recommendations made in good faith by RMM or Company Associate.

10.2. 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.

10.3. If, notwithstanding 10.1 and 10.2, 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 Fees actually paid by a Client to RMM for those RMM Services in respect of which the liability arose.

11. BREACH

Should either Party commit a breach of any provision of this 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 12 below, to claim specific performance and / or damages.

12. TERMINATION 

12.1. Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.

12.2. 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.

13. DISPUTES

13.1. 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. In the event that negotiations do not result in a mutually acceptable resolution, the dispute shall be handled in accordance with clause 13.2

13.2. In the event of any dispute failing to be resolved through negotiation as per clause 13.1 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).

13.3. 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.

13.4. 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.

13.5. 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.

13.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

13.7. The foregoing arbitration provisions shall continue to be binding on the parties notwithstanding any termination or cancellation of this agreement.

13.8. 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 agreement.

14. GOVERNING LAW AND JURISDICTION

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.

15. GENERAL 

15.1. 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.

15.2. The rule of construction that this Agreement shall be interpreted against the Party responsible for the drafting of this Agreement, shall not apply.

15.3. 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.

15.4. Neither Party may cede that Party’s rights or delegate that Party’s obligations under this Agreement without the prior written notice to the other Party.

15.5. 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.

15.6. Subject to clause 1.9, the Parties agree that this Agreement will be electronically accepted as binding on the Parties when a Client a) checks the “I agree to the Terms and Conditions of www.recruitmymom.co.za” box, during the job specification loading process on the RMM website found at: https://www.recruitmymom.co.za/terms-and-conditions or b) signing via e-signature software used by RMM. RMM will keep an electronic record of a Client having checked the box in question or e-signed the document, and both Parties agree that such record shall be the same as your handwritten signature for the purposes of validity, enforceability and admissibility.

Annexure A - Permanent Employee Terms

Annexure B - Fixed Term Employee Terms

Annexure C - Independent Contractor Terms

1. DEFINITIONS
1.1 “Agreement” means this agreement and any annexures and schedules hereto.

1.2 "Business Day" means any day other than a Saturday, Sunday, or statutory public holiday in the RSA.

1.3 “Candidate” refers to any job-seeking person selected and introduced to the Client by the Company.

1.4 “Candidate Services” shall mean those services requested by the Client and agreed to by a Candidate.

1.5 “Confidential Information” means confidential information and shall embrace all data, documentation, specifications, proposals, trade secrets, know-how, accounts, financial statements, circumstances or events, transactions, computer-readable data (including, but not limited to any software programme, financial information, analyses, compilations, studies, interpretations, databases, manuals, practices, procedures, internal systems and controls used, investment strategies), methods of payment, fee structures, working practicesA or any company information whatsoever, Personal Information, and all information in whatsoever form, tangible or intangible, pertaining to the Company, Client, Candidates and/or any other third party, and irrespective as to whether such information is marked "confidential" or "proprietary" or otherwise.

1.6 “Client” refers to the person, job provider, or company to whom the Company recruits permanent, temporary, contract, or freelance staff.

1.7 “Company” refers to RecruitMyMom (Proprietary) Limited (Registration Number: 2012/088360/07), a recruitment agency performing recruitment placement services, also herein referred to as RMM.

1.8 “Company Associate” means employees, officers, or agents of the Company.

1.9 “Effective Date” means the date of this Agreement (being the date on which a Candidate agrees to be bound to the Company’s terms and conditions as evidenced by a Candidate accepting RMM’s Terms in accordance with clause 16.8) or the date on which a Candidate begins to perform any of the Candidate Services to a Client, whichever comes first.

1.10 “Fee” means the fee payable to the Independent Contractor from time to time in accordance with the provisions of this Agreement, as recorded in the Services Schedule.

1.11 “Independent Contractor Terms” means the terms applicable to Candidates who are engaged by RMM to deliver services to a Client in an Independent Contracting capacity.

1.12 “Independent Contractors” means any freelancer, independent consultant, or virtual assistant contractor contracted via RMM to perform work for a client.

1.13 “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.

1.14 “Parties” means the Company and the Independent Contractor, and “Party” shall mean either one of them as indicated by the context.

1.15 “Personal Information” means “Personal Information” as defined in POPIA.

1.16 “POPIA” means the Protection of Personal Information Act (Act No. 4 of 2013), as amended.

1.17 “Prime Rate” means the rate publicly quoted by The Standard Bank of South Africa Limited, from time to time, as being its prime rate (expressed as a nominal annual compounded monthly in arrear rate), calculated on a 365 day a year factor, irrespective as to whether or not the year is a leap year and prima facie proven, in the event of there being a dispute in relation thereto, by certificate by any manager of the aforesaid bank (whose appointment, qualification or authority need not be proven).

1.18 “RMM Network” means, in addition to the RMM talent database, recruitment personnel utilised by RMM.

1.19 “RMM Services” means the recruitment placement services provided by RMM to Clients and Independent Contractors and as prescribed in this Agreement.

1.20 “RMM’s Terms” means the collective terms of service governing the utlisation of RMM’s service offering and collectively found at https://www.recruitmymom.co.za/terms-and-conditions.

1.21 “RSA” means the Republic of South Africa.

2. INTERPRETATION
2.1 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.

2.2 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.

2.3 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. 

3. PERMEABLE
It is recorded that: -

3.1 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.

3.2 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.

3.3 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.
 

4. DURATION
4.1 This Agreement shall be deemed to have commenced on the Effective Date.

4.2 Either Party may terminate this Agreement on 30 (thirty) days written notice to the other Party.

4.3 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.

5. TERMS AND CONDITIONS AS BETWEEN RECRUITMYMOM (PTY) LIMITED AND ITS INDEPENDENT CONTRACTORS
A          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”).
B          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”).

6. RMM OBLIGATIONS  

6.1. RMM shall -

6.1.1. 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;

6.1.2. determine the hourly or fixed rate (as the case may be) that will be charged by RMM to Clients. 

6.1.3. in accordance with clause 7.1.20, invoice the Client from the 21st of each month, unless mutually agreed otherwise, in respect of your time and disbursements;

6.1.4. 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; 

6.1.5. pay to you all due amounts for work concluded on the last day of the month in which they are received by RMM; or, if received between the 1st and 7th day of the following month, on the 15th day of the month following receipt;

6.1.6. only process “Personal Information” (as defined in clause 10) provided by you in terms of clause 10.6 below 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;

6.1.7. correct or delete, upon receipt of a written notice from you in terms of 4.6 below, any Personal Information about you that is identified by you as being inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted; and

6.1.8. not provide Personal Information to third parties except as otherwise provided for in this Consulting Agreement (or pursuant to RMM’s Terms).

6.2. 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.

6.3. 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.

7. INDEPENDENT CONTRACTOR OBLIGATIONS

7.1. You shall:

7.1.1. carry out all work for Clients in accordance with the provisions of RMM’s Terms;

7.1.2. conduct yourself with honesty and integrity, and at all times in a manner that is appropriate for a Consultant of your experience;

7.1.3. refrain from any conduct that might bring the name of RMM into disrepute;

7.1.4. perform work for Clients with due care and skill;

7.1.5. ensure that you are, and remain, up to date with all relevant changes in the field/s in which you work/practice;

7.1.6. comply with all legislation, regulations, and professional codes and rules that are relevant to you and the work for which you are engaged;

7.1.7. be responsible for your own business and tax affairs;

7.1.8. not (unless otherwise specified) be entitled or eligible to participate in any benefits or privileges provided by Clients to their employees;

7.1.9. not negotiate the remuneration rate directly with 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;

7.1.10. keep accurate records of time spent working for, and disbursements incurred on behalf of, Clients;

7.1.11. provide RMM with an invoice (in a form acceptable to RMM) of services rendered and complete the RMM online time tracking sheet of such services and associated costs by no later than the 20th of each month;

7.1.12. 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;

7.1.13. 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;

7.1.14. when dealing with a Client, refer work or services where possible to RMM;

7.1.15. 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;

7.1.16. not undertake, nor procure, any services for a Client other than in accordance with the RMM’s Terms, and inform RMM timeously of the provision, or intention to procure, further services for a Client. For the avoidance of doubt:

7.1.16.1. 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

7.1.16.2. this clause shall survive the termination or cancellation of this Consulting Agreement and shall apply for 12 (twelve) months after such termination or cancellation;

7.1.17. 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;

7.1.18. 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;

7.1.19. appoint RMM as your agent to:

7.1.19.1. invoice the Client on your behalf for fees earned and disbursements incurred by you; and

7.1.19.2. 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;

7.1.20. not use any trademark, name or device of RMM for any unauthorised purpose;

7.1.21. not, without the prior written consent of RMM and the facilitation of its appointed media representative, communicate with the media:

7.1.21.1. in relation to your association with RMM, any matter in which you have worked as a Consultant or any matter arising directly or indirectly as a result of public relations endeavours undertaken by RMM; or

7.1.21.2. under the RMM brand. 

7.1.22. 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.

7.2. 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 requested 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.

8. CLIENT RESOURCES

8.1 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.

8.2 The Independent Contractor will have no expectation of privacy in relation to the use of the resources provided by Client.

8.3 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.
 

9. CONFIDENTIALITY 

9.1. For the purposes this clause 9, any reference to “Confidential Information” shall mean:

9.1.1. 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

9.1.2. 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.

9.2. 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.

9.3. 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).

10. INFORMATION PROVIDED TO RMM

10.1. For the purposes of 6.1.6 to 6.1.8 above and this clause 10:

10.1.1. “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

10.1.2. “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.

10.2. 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:

10.2.1. assess and verify your suitability as a Consultant (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);

10.2.2. give effect to this Consultant 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);

10.2.3. promote you as a Consultant as and when determined by RMM;

10.2.4. promote the business of RMM during the currency of this Consulting Agreement; and

10.2.5. give effect to RMM’s Terms.

10.3. 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.

10.4. 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.

10.5. 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 a Consultant, and any information provided to RMM by you in any other form from time to time.

10.6. 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.

10.7. 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.

10.8. You accept that RMM may retain and/or disclose Personal Information about you that is in its possession or under its control:

10.8.1. to the extent that it is required or permitted to do so by Law;

10.8.2. in connection with any legal proceedings or prospective legal proceedings;

10.8.3. 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);

10.8.4. to protect the rights, property or personal safety of another Consultant, any member of the public or any shareholder, director, employee, agent or representative of RMM itself;

10.8.5. in the course of its business and commercial activities; and

10.8.6. 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.

10.9. You accept that Personal Information that RMM collects about you may be:

10.9.1. 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

10.9.2. 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.

10.10. You accept that:

10.10.1. 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

10.10.2. RMM cannot prevent the use or misuse of such information by others.

11. LIMITATION OF LIABILITY

11.1. 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 any acts or omissions on its part.

11.2. 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.

12. BREACH

Should either Party commit a breach of any provision of this Consultant 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.

13. TERMINATION

The Client or Independent Contractor may, in its sole discretion, terminate the services, on no less than 24 hours (twenty-four) written notice to RMM and the other party unless otherwise agreed in writing.

14. DISPUTE RESOLUTION

14.1. The Parties shall use all reasonable efforts to resolve any dispute that may arise under this Consultant Agreement through good faith negotiations. RMM shall nominate a senior representative of its management to meet with you (the Consultant) 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.

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).

14.3. 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.

14.4. 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.

14.5. 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.

14.6. The decision of the arbitrator pursuant to the foregoing provisions shall be final and binding.

14.7. The foregoing arbitration provisions shall continue to be binding on the Parties notwithstanding any termination or cancellation of this Consultant Agreement.

14.8. 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 Consultant Agreement.

15. GOVERNING LAW AND JURISDICTION

Regardless of the place of execution, performance or domicile of the Parties, this Consultant 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.

16. GENERAL

16.1. Each Party warrants that this Consultant 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 Consultant Agreement and to perform all its obligations hereunder.

16.2. The rule of construction that this Consultant Agreement shall be interpreted against the Party responsible for the drafting of this Consultant Agreement, shall not apply.

16.3. You may not subcontract or assign the obligations under these terms to any third party without the prior consent of RMM.

16.4. This Consultant 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 Consultant Agreement shall be binding upon the Parties. No variation, abandonment or waiver of rights or obligations under this Consultant Agreement or consensual cancellation of the Consultant Agreement, shall be binding unless it is in writing and signed by the Parties.

16.5. If any provision of this Consultant 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.

16.6. 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 Consultant Agreement.

16.7. Termination of this Consultant 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 Consultant Agreement or RMM’s Terms or which thereafter may accrue in respect of any act or omission prior to such termination.

16.8. The Parties agree that the Consultant 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.

RMM may revise this document at any time by updating this page. Any use of this Website will be considered acceptance by you of the then-current Terms and Conditions. RecruitMyMom.co.za may change the Terms at any time. A change will be communicated via newsletters and job notifications.

THE ENGAGEMENT OF A MEMBER OR CLIENT INTRODUCED BY RECRUITMYMOM (PTY) LTD IN ANY CAPACITY WILL SIGNIFY YOUR ACCEPTANCE OF THESE CONDITIONS

Questions concerning the use of the Website should be directed to us using the “Contact Us” page.