Recruitment Matters – Terms and Conditions

 

1. About these terms

1.1 These terms apply to everyone who uses the Recruitment Matters website or services, including job seekers (“Candidates”) and organisations that use us to recruit (“Clients”). By browsing the website, submitting a CV, registering with us, or requesting or accepting any of our services, you agree to these terms.

1.2 “Recruitment Matters”, “we”, “us” and “our” mean [Recruitment Matters (Private) Limited, together with its related companies, and their directors, employees, consultants and agents.

1.3 In these terms:

  • “Services” means recruitment and selection, headhunting, psychometric and skills testing, reference and background checks, outsourced services and any related advice we provide.
  • “Checks” means the background, verification and associated checks described in clause 4.
  • “Introduction” means our passing to a Client any information that identifies a Candidate, by any means, including a CV, a name, or an arranged interview or conversation.
  • “Engagement” means a Client (or any company in its group, or any third party it refers the Candidate to) employing or engaging a Candidate in any capacity, whether permanent, fixed-term, temporary, consulting or contract.
  • “Third-Party Provider” means any bureau, institution, laboratory, verification agency, former employer, referee or other person who supplies information used in Checks.

1.4 If a separate signed agreement exists between us and a Client, that agreement takes priority where it conflicts with these terms. Otherwise these terms apply in full.

 

2. Use of the website

2.1 You must be at least 18 years old to register with us or submit information through the website.

2.2 The website and its content (including text, logos, job adverts and design) belong to Recruitment Matters or its licensors. You may view and print pages for personal use only. You may not copy, scrape, republish or use our content commercially without our written consent.

2.3 You must not use the website to post false, misleading, defamatory or unlawful material, to impersonate anyone, to introduce malicious code, or to interfere with the website’s operation or security.

2.4 Job adverts and website content are provided for general information. We do our best to keep them accurate, but vacancies change or close without notice and we do not guarantee that any role is still available or that the information is complete.

2.5 We do not guarantee that the website will be uninterrupted, error-free or free of viruses. No transmission over the internet is fully secure, and you send information to us at your own risk until we receive it.

2.6 Links to other websites are for convenience only. We do not control or endorse those websites and are not responsible for their content or practices.

 

3. Candidate terms

3.1 Our services to Candidates are free. We will never ask a Candidate to pay a fee to be considered for a role. Report any such request made in our name to us immediately.

3.2 You confirm that everything you give us (your CV, qualifications, employment history, references, identity documents and answers in interviews and assessments) is true, complete and not misleading, and that any documents are genuine. You must tell us promptly if anything changes.

3.3 You authorise us to submit your CV and profile to Clients for roles we reasonably believe suit you. Where practical, we will discuss a specific role with you before sending your details.

3.4 We cannot guarantee that you will be shortlisted, interviewed or offered a job. Hiring decisions, and the terms of any offer, are made solely by the Client.

3.5 Any employment contract is between you and the Client. Recruitment Matters is not your employer unless we expressly say so in writing (for example, in an outsourced arrangement).

3.6 If we discover that information you provided is false or misleading, we may withdraw your application, inform the Client and any affected parties, and decline to work with you in future.

 

4. Background, verification and associated checks

4.1 Consent. By registering with us or applying for a role through us, you consent to Recruitment Matters, its staff and its Third-Party Providers carrying out Checks on you, and to the results being shared with the Client(s) considering you. Checks are used to confirm the information you gave us and to help assess your suitability, integrity and credibility for the role.

4.2 Scope. Depending on the role and the Client’s requirements, Checks may include any of the following, without limitation:

  • identity, citizenship and right-to-work (work permit or residency) verification
  • academic qualification, professional registration and membership verification
  • employment history and reference checks, including contacting referees and former employers you have not named where lawful
  • criminal record and fraud database checks
  • credit and financial standing checks
  • driver’s licence and traffic record checks
  • fit-and-proper, directorship and regulatory checks
  • medical or fitness-for-duty assessments (only where required for the role and arranged through a qualified provider)
  • psychometric, skills, integrity and competency assessments
  • social media and public-domain checks, limited to professional conduct

4.3 Specific consent. For criminal, credit, medical and similar sensitive checks, we will ask you to sign a separate consent form, as the law may require. You may refuse a Check, but a Client may then decline to consider you.

4.4 Third-Party information. Checks rely on information held by schools, universities, registration bodies, police, credit bureau’s, former employers, referees and other Third-Party Providers. We do not control that information. We do not warrant that it is accurate, complete or current, and we are not liable for any error, omission, delay or opinion in it.

4.5 Our role. We pass on check results as received, or summarise them accurately. We do not make the final judgement on what a result means for a hiring decision; that is the Client’s responsibility (see clause 6).

4.6 Disputes. If you believe a check result is wrong, raise with us in writing. We will help you raise it with the relevant Third-Party Provider, who is responsible for correcting their records.

4.7 Release and indemnity by Candidates. To the fullest extent permitted by law, you release Recruitment Matters, its directors, employees, consultants and Third-Party Providers from any claim arising from checks carried out in good faith with your consent, including any decision a Client makes based on the results. You indemnify us against any loss, claim or cost arising from false, forged or misleading information or documents you supply.

4.8 Client-requested Checks. Where a Client asks us to carry out checks, the Client confirms that the checks are lawful, relevant and proportionate to the role, and that it will use the results only for that hiring decision and in line with applicable employment, anti-discrimination and data protection laws.

4.9 Point-in-time results. Checks reflect information available on the date they are completed. They do not predict future conduct or performance, and they do not cover matters that are unrecorded, sealed, expunged or outside the reach of the sources used.

 

5. Client terms

5.1 Introductions. A Candidate Introduced by us remains our Introduction for 12 months from the date of Introduction. If the Client, or anyone it passes the Candidate’s details to, engages that Candidate within that period, in any role, a placement fee is payable to us. This applies even if the Client says it already knew the Candidate, unless the Client told us so in writing within 48 hours of the Introduction.

5.2 Fees. Unless otherwise agreed in writing, the placement fee is a % of the Candidate’s first-year guaranteed annual remuneration (basic salary plus guaranteed allowances, bonuses and benefits). Retained and executive search assignments are billed as set out in the relevant proposal. Psychometric, skills and background checks are billed separately at our current rates.

5.3 Payment. Fees are due within 14 days of the Candidate’s start date, or of the invoice date for retained stages and checks.

5.4 Guarantee. If a placed Candidate leaves, or is dismissed for reasons other than redundancy, restructuring or the Client’s breach, within 3 months of starting, we will provide one free replacement search for the same role. This applies only if: the fee was paid in full and on time; the Client tells us in writing within 7 days of the departure; and the Client gave the Candidate the agreed terms and a fair induction.

5.5 Client obligations. The Client must give us accurate role details, inform us promptly of any offer, acceptance, start date and remuneration, and keep all candidate information confidential and lawful in its use.

 

6. Hiring decisions and no warranty

6.1 We act as an introducing agent. Every decision to interview, offer, employ, promote or dismiss a Candidate is the Client’s own decision, made at its own risk.

6.2 We take reasonable care in sourcing and screening Candidates, but we do not warrant or guarantee a Candidate’s identity, qualifications, experience, honesty, health, conduct, competence, performance, suitability or length of service.

6.3 Before any Engagement, the Client is responsible for satisfying itself on all matters it considers relevant, including verifying qualifications, obtaining any work permits, licences or regulatory approvals, and conducting its own medical, safety or security assessments.

6.4 Assessment and psychometric results are aids to decision-making only. They indicate likely tendencies, not certainties, and must not be the sole basis of a decision.

6.5 Any advice we give on salary, market conditions, legislation or employment contracts is general guidance and is not legal, tax or financial advice.

 

7. Limitation of liability

7.1 To the fullest extent permitted by law, Recruitment Matters is not liable for any loss, damage, cost or claim (in contract, delict, tort, negligence or otherwise) arising from:

  • the acts, omissions, misconduct, dishonesty, negligence or performance of any Candidate, before or after an Engagement;
  • inaccurate, incomplete or outdated information supplied by a Candidate, Client, referee or Third-Party Provider;
  • any Check result, or any decision made in reliance on it;
  • a Candidate failing to start, or leaving, a role;
  • the use of the website, or its unavailability.

7.2 We are not liable for any indirect, consequential or special loss, including loss of profit, revenue, business, contracts, data or goodwill, even if we were told it was possible.

7.3. Nothing in these terms excludes liability that cannot lawfully be excluded, such as liability for fraud, or for death or personal injury caused by our gross negligence.

7.4 Recruitment Matters is a limited liability company. You agree that no claim will be brought personally against our directors, employees, consultants or agents, and that these limitations protect them as well as us.

 

8. Indemnities

8.1 By Clients. The Client indemnifies and holds harmless Recruitment Matters, its directors, employees, consultants and agents against all losses, damages, fines, penalties, costs and expenses (including legal fees on an attorney-and-client scale) arising from:

  • any Engagement of a Candidate, and the Client’s employment practices, including claims for unfair dismissal, discrimination, harassment, unpaid remuneration or workplace injury;
  • the Client’s use, storage or disclosure of Candidate information or Check results, including any breach of data protection law;
  • Checks the Client asked us to carry out, including claims that a Check was unlawful, excessive or wrongly relied on;
  • the Client’s failure to obtain any work permit, licence or regulatory approval for a Candidate;
  • any breach of these terms by the Client.

8.2 By Candidates. The Candidate indemnifies and holds harmless Recruitment Matters and the persons listed in 8.1 against all losses, claims and costs arising from false, forged, incomplete or misleading information or documents the Candidate supplies, or from the Candidate’s breach of these terms.

8.3 By website users. Every user of the website indemnifies Recruitment Matters against any loss, claim or cost arising from their misuse of the website or breach of clause 2.

8.4 Conduct of claims. We will notify the indemnifying party of any claim within a reasonable time. We may defend or settle the claim on the advice of our legal advisers, and amounts reasonably paid in settlement are recoverable under this clause.

8.5 These indemnities continue after the relationship ends, and after any Engagement ends.

 

9. Data protection and confidentiality

9.1 We process personal information in line with the data protection law of each country we operate in, including Zimbabwe’s Cyber and Data Protection Act, South Africa’s Protection of Personal Information Act (POPIA) and Zambia’s Data Protection Act, and our Privacy Policyand Data Policy, which form part of these terms.

9.2 Candidates consent to us collecting, storing and sharing their personal information (including Check results) with prospective Clients and Third-Party Providers for recruitment purposes, including transfers across borders within the region where a role requires it.

9.3 Clients must treat all candidate information as confidential, use it only to assess the candidate for the role concerned, protect it with appropriate security, and delete it when no longer needed. Clients must not pass it to anyone else without our written consent.

9.4 Clients must keep our fees, terms and methods confidential.

9.5 Candidates may ask to correct or delete their information, or withdraw consent, by contacting us. Withdrawal does not affect processing already done, and may mean we can no longer put the candidate forward.

 

10. General provisions

10.1 Changes. We may update these terms at any time by posting a new version on the website. The version in force when a service is requested or an Introduction is made applies to it.

10.2 Governing law. These terms are governed by the laws of each country, unless we agree otherwise in writing for a particular country or Client. We may also enforce payment in any court with jurisdiction over the Client.

10.3 Severability. If any provision is found invalid or unenforceable, the rest of these terms remain in force, and the affected provision applies to the maximum extent allowed.

10.4 No waiver. A delay or failure by us to enforce any right is not a waiver of it.

10.5 Entire terms. These terms, with any signed agreement, proposal or engagement letter, are the entire agreement on their subject. Any Client purchase-order or supplier terms do not apply unless we accept them in writing.

10.6 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.