Terms & Conditions of Business

  1. Upon introduction of a candidate from eSmart to your company you are deemed to have accepted our Terms and Conditions of Business. The introduction may be made verbally, in writing or electronically.

  2. As a condition of our service, we pledge confidentiality to our candidate, and request that you ensure that no contact is made with the candidate or any references without our prior written consent. The information included in this Curriculum Vitae (CV) is disclosed conditional to disclosure only to authorized persons relevant for employment for the position applied for, unless prior written consent has been obtained from eSmart Group. Neither CV nor any information included in the CV can be forwarded to any other company/person outside of your organization without our written approval. If the CV is forwarded to any other organization/person or you introduce the candidate to anyone outside your organization and the candidate gets employed by them, you will be liable for the full placement fee.

  3. We endeavor to submit candidates who, in our opinion, are suitable for the position as outlined by you. We maintain confidentiality regarding candidates at all times and therefore do not take references or contact present employers without their express permission. Warranties regarding references cannot be given and we are not responsible for any losses of a consequential nature.

  4. The fee will be calculated on the total annual cost to company package offered to the candidate, irrespective of how the package is structured.

    Please note: Fee Structure for contractors will be negotiated on a case by case basis. For sales and senior management candidates the calculation is done on OTE (On Target Earnings) basis. In the event that adjustments are to be made to the package within 6 months of the candidates employment, the onus rests on you to provide eSmart with the details of any expected amendments to the package and the changes will be included in the determination of the total annual cost to company.

  5. Guarantee: Should the candidate leave your employment within the guarantee period, eSmart will endeavor to provide a replacement free of charge. Should the replacement candidate be employed at an amended salary package, an adjustment will be made to the fee. Should we not be able to find a replacement, the fee will be refunded to you on the following basis:

    Should the Applicant be dismissed or leave within:
    30 days of commencement 90% refund
    60 days of commencement 80% refund
    90 days of commencement 70% refund

    Please note: The guaranteed period does not apply if the termination is as a result of retrenchment, transfer, changes in job description, unfair dismissal or for any other reason not within the candidate’s control.

  1. Accounts are payable on receipt of the invoice. The guarantee period only applies where the full fee has been received within 14 days of the receipt of the invoice. The date of the invoice will be the first day of the employment of the candidate. In the event of any invoice or part thereof not being paid on the due date, interest shall accrue at the eSmart’s bankers prime overdraft rate

  2. You will incur liability for the full fee, should you commence discussion regarding employment with a candidate submitted by us at any stage within one year of the date of which the candidate commences employment with you, or was presented to you or was interviewed by you (whichever is later). This applies whether the discussions are initiated by you, the candidate or any other third party including any other personnel agency.

  3. In the event of the client employing an employee or contractor of eSmart, the client shall be liable to pay eSmart a fee equal to 35% of the annual package (cost to company).

  4. In the event that any applicant is offered employment by a client and the client retracts the offer after it has been accepted by the applicant, or such applicant fails to commence employment with the client as a result of any act/omission on the client’s part, the fee payable to eSmart shall be an amount equal to 50% of the fee which would have been payable in accordance with these terms and conditions, had such an applicant commenced permanent employment.

  5. The candidate’s particulars are strictly confidential and are forwarded in trust. Under no circumstances is your company to contact the candidate directly or the candidate’s present employer without the written consent of eSmart .

  6. Whilst eSmart makes every effort to maintain high standards of professionalism and integrity, it shall not be held responsible for loss, damage or liability sustained by the CLIENT arising directly or indirectly from any action or omission by the candidate.

  7. These terms and conditions are not capable of variation, cancellation, alteration, waiver or suspension unless reduced to writing and signed by both the client and eSmart. No inducements, representations, promises or warrants have been given by or made by eSmart to the client save as are herein contained.