Terms Of Use TERMS AND CONDITIONS Acceptance of a CV from MC˛ (PTY) LTD and/or the subsequent appointment of a candidate introduced by MC˛ (PTY) LTD will constitute acceptance of all the terms and conditions as set out herein, unless otherwise notified in writing to MC˛ (PTY) LTD within 24 hours of receipt of the CV. 1. Guarantee Where the employment of a permanent placement candidate (\"the original candidate\") with the Client is terminated within 3 (three) months of date of commencement of employment, for reasons other than retrenchment by the client, MC˛ will endeavour to find a suitable replacement at no extra charge to the Client. Validation of the replacement guarantee provided by MC˛ shall occur upon payment of the placement fee in respect of such candidate within 14 (fourteen) days of date of commencement of employment of the candidate. 2. Replacement Guarantee 2.1 In the circumstances described in clause 1. MC˛ will comply with the following provisions: 2.1.1 no additional placement fee or other fee shall be payable in respect of the replacement candidate where the total cost to company of the replacement candidate is equal to that of the original candidate; or 2.1.2 a refund shall be payable to the Client by MC˛ where the total cost to company of the replacement candidate is less than that of the original candidate. The refund shall be calculated as the difference between the total cost to company of the original candidate and the total cost to company of the replacement candidate, multiplied by the applicable placement fee percentage. The refund shall be paid by MC˛ prior to the commencement date of employment of the replacement candidate; or 2.1.3 the original placement fee will be credited in full, and the new placement fee calculated and invoiced on the replacement candidate’s package, where the replacement candidate\'s total cost to company exceeds the original candidate\'s total cost to company. 3. Reduction in Placement Fee 3.1 In the event that no replacement candidate can be found, or in the event that the Client does not require a replacement candidate, MC˛ shall provide the Client with a reduction in placement fees in respect of the original candidate, as follows: 3.1.1 Termination of employment of original candidate within the first month of employment: 80% (eighty per centum) reduction in placement fees; and 3.1.2 Termination of employment of original candidate within the second or third month of employment: 50% (fifty per centum) reduction in placement fees. 4. Contractors Where the employment of a contract candidate is placed on the clients own payroll, validation of the replacement guarantee provided by MC˛ shall occur upon payment of the full placement fee in respect of such candidate within 14 (fourteen) days of date of commencement of employment of the candidate. For contractors placed on the MC˛ payroll, payment for the hours worked each month, must be received within 7 (seven) days of invoice. Should a client enter into negotiations with any candidate submitted by MC˛ (PTY) LTD within 12 (twelve) months of the date on which the candidates documents were delivered, or in the case of contractors, within 12 (twelve) months of the date on which the Contractor completed the assignment then a full fee is payable to MC˛ (PTY) LTD in the normal way, regardless of the date on which the candidate commences employment. These conditions also apply should a candidate be assisted by the client to find remunerative work of a permanent or temporary nature, in any way whatsoever. Should a client fail to pay the placement fee or any part thereof, the client will be liable for any legal costs incurred by MC˛ (PTY) LTD in collecting the due fee. Clients are reminded that MC˛ (PTY) LTD forwards candidates’ particulars to them in the strictest of confidence. The current employee of a candidate must NOT be contacted without prior specific permission of the candidate concerned. FEE STRUCTURE 1.The placement fee for permanent placements will be 15% (fifteen) of the annual taxable income plus VAT at the current rate. 2.The placement fee for Contractors for contracts longer than 12 months in duration will be 15% (fifteen) of the total remuneration the contractor will earn during the course of the contract plus VAT at the current rate. 3.The placement fee for Contractors from 6 months to less than 12 months in duration will be 18% (eighteen) of the total remuneration the contractor will earn during the course of the contract plus VAT at the current rate. 4.The placement fee for Contractors from 3 months to less than 6 months in duration will be 20% (twenty) of the total remuneration the contractor will earn during the course of the contract plus VAT at the current rate. CONDITIONS OF SERVICE 1.In the event of the client forwarding details of the candidate to any third party or associate company, who in turn employs the candidate, the client shall be liable for a placement fee as calculated in FEE STRUCTURE as if the client himself had employed the candidate. 2.In the event that the candidate is being converted from being employed by the client on a contract to a permanent position, the client shall be liable for a permanent placement fee as calculated in FEE STRUCTURE. Under such circumstances we will grant a goodwill discount of 10% on the total rand amount of the permanent placement. Under such circumstances, the client will already be convinced of the high level of competence of the candidate and we therefore do not offer a further replacement guarantee as for standard permanent placements.