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Please read the following terms and conditions before using Referadeveloper's services.

These terms and conditions in respect of use of the website, found at http://www.referadeveloper.com/22/terms are applicable to the services offered through this site and in respect of all that you post and refer on this site. If you do not agree to these, do not use the services provided on this site.

Referadeveloper services are only applicable to holders of valid South African bank accounts.

Definitions:

In these Terms and Conditions, the following words and expressions shall mean, unless the context requires otherwise;

“Associated Companies” includes, at the relevant time, joint venture partners of the Company; the ultimate holding company of the Company; and all subsidiaries of the Company and its ultimate holding company.

Referral rate means the fee (plus VAT, if applicable) that would, subject to the terms and conditions herein, be awarded by the Company to Referadeveloper in respect of a specific job vacancy that has been successfully filled through the Referadeveloper service and which fee would be split as follows;

 

Referadeveloper may in its discretion elect to advertise only the half portion of the fee that constitutes the "Referrer rate"

“Candidate" means any person who is referred by a Referrer, or has referred themselves for a job opportunity via the Referadeveloper service;

“Commencement Date" means the commencement date of engagement that is set out in the written accepted offer of engagement between the Company and a Successful Candidate;

“Company" or "Companies" means any enterprise including but not limited to a company, close corporation, sole proprietor, partnership and/or public institution, who makes use of the Referadeveloper Service to advertise its job vacancies in order that Referrers may refer suitable candidates for such positions;

“Referadeveloper " means Referadeveloper (Pty) Ltd, a private limited liability company with company registration number: 2013/137200/07, whose registered office is at 31 Brickfield Road, North Block, Ground Floor, Unit 4, Upper East Side, Woodstock, Cape Town, South Africa, 7925;

“Referadeveloper Service" means the service facilitated through the Referadeveloper online system through which Companies or Referadeveloper publish their job vacancies and the applicable referral fee that would be awarded for the successful placement of a Candidate, subject to the further terms and conditions set out herein;

“Referrer" means a person who refers candidates for Company's advertised job vacancies through the Referadeveloper Service in accordance with the referral process set out on the site. In the case of multiple referrers of the same Candidate, the Successful Referrer shall be the person whose unique link the Successful Candidate clicks through and which leads directly to that Candidate applying for the job, regardless of the manner in which the Candidate clicked through, which methods may include but may not be limited to, email, or other electronic or Referadeveloper endorsed social media channels such as Facebook and/or Twitter;

“Referrer rate" means an amount equal to half of the applicable Referral rate that is payable in respect of a position which shall be paid to the Successful Referrer upon the Successful Candidate completing 3 (three) months, calculated from the Commencement Date, of continuous engagement with the Company to whom the Successful Referrer referred the Successful Candidate;

"The site" means this website;

“Successful Candidate" means the candidate who was referred via the Referadeveloper service for a specific position and who has in writing accepted the Company's offer of engagement for that position;

“Successful Referrer" means the person who is identified by Referadeveloper system (through the unique URL for each referral), as the referrer of the Successful Candidate.

"User" means any person who accesses this site and/or makes use of the Referadeveloper services offered through the site, and a reference to "you" or "your" shall likewise be a reference to the user in question.

Fees

The Fee payable by the Client to Referadeveloper shall be calculated as (TBA) of the referrals gross cost to company for the first annum exclusive of Value Added Tax (VAT).

Referadeveloper Service

The Referadeveloper service provided by Refer A Developer includes:

 

 

Registration of Companies through the submission of a "Company form" on this site or via a written submission to Referadeveloper in terms of which the Company will be required to set out its full details, a description of the position/s available, the specific types of candidate/s being sought, the qualifications and/or experience required for that position, and the referral rate that it will pay to engage Referadeveloper services for endeavouring to fill the Company's job vacancy through the site.

Companies: Exclusion of Liability: Referadeveloper’s role is as the facilitator of referrals and it does not have any knowledge or experience of any of the Candidates and therefore cannot and does not make any representations, undertakings or guarantees in relation to the Candidates' suitability, qualifications, personal details, engagement history, appropriateness for the position, or of any other information relating to any Candidates being referred through the Referadeveloper service. In this regard and to the full extent permitted in law, the Company thereby indemnifies and keeps indemnified Referadeveloper, its employees, members, directors and representatives from and against all costs, loss, damage, claims and/or other liabilities of whatsoever nature to persons and/or to the Company, arising from its facilitation of referrals of candidates or his/her engagement with that Company, through the Referadeveloper service.

Restrictions

The Company is prohibited from dealing directly with any candidates to the exclusion of Referadeveloper and any circumvention by the Company shall entitle Referadeveloper to the total Referral Rate, which the Company shall be liable to pay on the date of appointment of the Company of the Successful Candidate.

Submission of Candidates by Referrer

A Referrer may refer a candidate or him/herself for any positions being advertised on the site.

For Referadeveloper’s tracking and reporting purposes, all applications must be submitted via the site only.

Where the Referrer and Candidate is the same person and circumvents the Referadeveloper system and goes directly to the Company to apply for the position and is then appointed for the job, that Successful Candidate shall forfeit the Candidate Referral Fee.

No "ownership" of Candidates by Referrers: In the event of a Candidate being appointed in a position that is different to the advertised position for which the Referrer initially referred him, then the Referrer shall not be entitled to any Referrer Referral Rate unless that Referrer was also the first successful referrer in respect of the new advertised position for which that Successful Candidate was appointed.

Referrers acknowledge that Referadeveloper shall not be required to give reasons for the failure of a candidate to be placed for a position or for any information relating to the Successful Candidate and Referadeveloper shall not enter into correspondence with Referrers or Candidates.

In the event that a Candidate, having been referred for an advertised job by a Referrer, is employed or engaged, on any basis, by the relevant Company (or one of its Associated Companies) in a position or on a basis other than as advertised or published by Referadeveloper within a period of (1) one year from the date of initial referral by the Referrer, the Candidate shall be deemed to be a “Successful Candidate” and the Referrer shall be deemed to be a “Successful Referrer” for the purposes of these Terms and Conditions and the Company shall be obliged, amongst other things, to make payment of the Referral Fee on the terms set out in the contract below.

Notwithstanding anything to the contrary contained in these Terms and Conditions, a Successful Referrer and/or a Successful Candidate (whether they are the same person or not) shall not be entitled to receive any Referrer Rate where the Successful Candidate was at any time employed or engaged, on whatever basis, by the Company, or by any of its Associated Companies, during the (1) one year month period immediately preceding the date on which the Successful Candidate’s engagement with the Company commences.

Payment of the Referral Rate

The Referrer through acceptance of these Terms and Conditions authorise Referadeveloper to act as a collection agent on their behalf and to accept payment of the Referrer Referral Rate attached to the specific job and agree that they shall do all things and execute any documents that Referadeveloper may consider (in its sole discretion) to be reasonably necessary or desirable in exercising authority on their behalf. Pursuant to this authority, Referadeveloper undertakes, subject to the terms and conditions set out herein, to remit to the Successful Referrer and Successful Candidate an amount equal to the relevant Referral Fee, less any taxes (including VAT and any other tax payable under any competent jurisdiction) or other charges that Referadeveloper shall be required by law to deduct, in accordance with the payment terms set out herein below.

Any remittance of by Referadeveloper of payments to the Successful Referrer in accordance with clause above shall be paid in South African Rands and into their nominated South African banking account.

Referrers accept that Referadeveloper shall be entitled to set off any amount owing at any time from a Referrer to Referadeveloper against any amount payable by Referadeveloper to such Candidate or Referrer under these Terms and Conditions.

Except as otherwise provided, the Candidate and Referrer agree to bear his/her own costs and expenses incurred in respect of compliance with his/her obligations under these Terms and Conditions.

Referadeveloper shall only be liable to pay the Referrer Referral fee if it has received payment of the Referral fee in full from the Company. In the event of a failure by the Company to pay the Referral fee, Referadeveloper under no circumstances be liable to make payment of the portion of the Referral due to any other party and the Successful Referrer hereby agree to hold Referadeveloper harmless in regard to any failure and/or late payment of the Referral or any part thereof by the Company.

The Successful Candidate and Successful Referrer will be required to submit their South African bank account details to Referadeveloper and in the event of his/her failure to do so within 30 (thirty) days of the request by Referadeveloper the relevant Referral fee shall be forfeited and the Successful Referrer, as the case may be, shall have no claim again Referadeveloper.

Referadeveloper shall be entitled to charge interest at the applicable prime rate, from time to time, on any late payments due to it by the Company and any interest shall accrue for the benefit of Referadeveloper only and shall not accrue for the benefit of the Referrer and/or the Candidate.

Warranty

Should a Successful Candidate fail to remain engaged by the Company for a period longer than 3 (three) continuous months calculated from the Commencement Date of engagement with the Company, the Successful Candidate and the Successful Referrer shall not be entitled to their respective Referral fee amounts and Referadeveloper shall be entitled to retain the total Referral fee, subject to Referadeveloper obligations to the Company in terms of located below.

Timely and proper payment of the Referral Fee in accordance with these terms and conditions will entitle a Company to a credit if the Successful Candidate leaves the service of the Company before the completion of 3 (three) continuous months of engagement to such effect, for any reason, other than retrenchment, and provided written notice to Referadeveloper is given Referadeveloper by the Company within 7 days of the date of termination. This credit will be based on the following sliding scale:

 

 

Referadeveloper will be given the right to publish the position on its site and to facilitate suitable candidates through the Referadeveloper service. In the event of a suitable replacement candidate commencing engagement, the concession referred to in the contract will not apply. The credit referred to the clause above shall be valid for 6 (six) months from the date on which the credit is given to the Company.

Information and Confidentiality

Company information: Referadeveloper shall, where requested in writing by the Company, keep the details of the Company confidential and will not display such information on the Referadeveloper site. Notwithstanding this undertaking, Referadeveloper cannot be held responsible for any information that becomes known via any means outside of the control of Referadeveloper.

Candidate information: Candidates will share the information about themselves including their full names, contact details and other relevant information as to why they may be suitable for the advertised position.

Referrer information: Referrers will share their own full names, contact details and may share the name and contact details of candidates.

Privacy

Referadeveloper shall take all reasonable steps to protect the personal information of users of the site. For the purposes of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000

Download our Terms & Conditions