AKIN WEBSITE TERMS AND CONDITIONS OF USE

 

DEFINITIONS

  1. “Akin” shall mean Akin Pty Limited, a private Company duly registered in South Africa;

  2. “Associates” shall mean any subsidiaries, affiliates or employees of Akin or the Client, depending on the context;

  3. “Client” shall mean a Company that has signed a contract with Akin to have access Akin’s Candidates and Profiles;

  4. “Candidate” shall mean an individual seeking to have or who has had its Profile reviewed and registered on the Akin Website for the purposes of having its Profile reviewed by Akin and its Clients for prospective employment by a Client;

  5. “Commission Fees” shall mean the amount (percentage of the total annual package offered by the Client to the Candidate and accepted by Candidate) payable to Akin as agreed to between Akin and the Client for the successful recruitment of a Candidate by the Client through Akin or the Akin Website;

  6. “Engagement” shall mean any form of contact between the Client and the Candidate as arranged by or through Akin or the Akin Website;

  7. “Introduction” shall mean an introduction by Akin or through the Akin Website of the Client to the Candidate and vice versa;

  8. “Profile” shall mean the professional information provided by the Candidate to Akin and/ or the Client for the purposes contained in these Terms and Conditions;

  9. “Terms and Conditions” shall mean these Terms and Conditions as they appear on the Akin Website and as contained in any document agreed to and signed to between Akin and the Candidate or Akin and the Client;

  10. “Use” shall mean engagement with and use of the Akin Website by the Client or Candidate;

  11. “Website” shall mean this website including all its elements and process available and usable by the Client and the Candidate;

  12. a reference to “associated” refers to, shall include and shall have the same meaning as “Associates”;

  13. a reference to “Akin” refers to and shall include its “Associates”;

  14. a reference to “Profile” refers to and shall include “Curriculum Vitae and Qualifications”; and

  15. a reference to “Website Platform” refers to, shall include and shall have the same meaning as “Website”.

 

A. APPLICATION

  1. The Candidate and the Client are deemed to have accepted these Terms and Conditions of Akin by and/or through:

    1. the Use of the Akin Website;

    2. any Engagement between the Client and the Candidate initiated by Akin (including any and all association and engagement that may follow between the Candidate and the Client) irrespective of whether or not such engagement leads to a successful recruitment for both the Candidate and the Client;

    3. the Introduction of the Candidate to the Client (or vice versa) by and/or through Akin (or any of its Associates);

    4. the Registration of a Candidate or a Client on the Akin Website; and

    5. the Contractual agreement between the Client and Akin (where applicable).

  2. These Terms and Conditions are between:

    1. Akin and the Client (which term shall include all subsidiary and associated companies, firms and associations) seeking to engage the Candidate through the placement process and value-added services offered by Akin; and

    2. Akin and the Candidate seeking to register as a Candidate on the Akin Website and the Candidate approved to be included on the Akin Website.

  3. Akin reserves the right to suspend or terminate the use, membership of any Candidate or Client for any reason at any time, in its sole discretion.

 

B.  CANDIDATE

  1. The Candidate agrees and understands that:

    1. its application for its Profile to be included and/or loaded onto the Akin Website is subject to the discretion of Akin and Akin reserves the right to accept and/or decline the application by the Candidate;

    2. the acceptance of the Candidate’s Profile and/ or loading of the Candidate’s Profile thereof does not guarantee employment for the Candidate by and/ or through Akin in any way;

    3. the acceptance of the Candidate and/ or loading of the Candidate’s Profile on the Akin Website does not give rise and/or imply any form of employment relationship, partnership or joint venture between the Candidate and Akin;

    4. accurate and truthful information of the Candidate must be supplied to Akin whether supplied voluntarily by the Candidate or requested by Akin;
    5. a direct line of communication will be open with the Client;

    6. the information it supplies to Akin will be disclosed to Akin’s Clients, potential employers and/or third parties and/ or used by Akin to engage with the candidate for any other service offerings Akin may offer;

    7. all communication with Akin’s Clients must take place on the Akin Web Platform;

    8. any attempt to defraud, circumvent or exclude Akin out of its Commission Fee with respect to the introduction of the Candidate by Akin to its Client (whether or not such attempt is in collusion with or instigated by Akin’s Client), will result in a legal claim against the Candidate jointly with the Client (where applicable);
    9. they will inform Akin of any attempts by Akin’s Client to circumvent or exclude Akin out of its Commission Fee;

    10. they will inform Akin of any further introductions of the Candidate, to other potential employers and/or third parties, made by Akin’s Client and/ or any of its Associates;

    11. Akin will be entitled to its Commission Fee from any further introductions, as detailed above, should such introductions result in employment by another third party or potential employer;

    12. all introductions and Client’s details are confidential and will be supplied to the Candidate on the understanding that it will keep the information confidential and not disclose it to any third party without Akin's prior written consent;

    13. they may not submit content that is implicitly or explicitly offensive (i.e., engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual); 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 libelous; and

    14. they may not directly or indirectly, intentionally disrupt or interfere with the Akin Website or Services in any manner that may materially and adversely affect the Candidate, Akin or any third party.

C.  CLIENT

  1. The Client understands and agrees that:

    1. its application for Akin to provide it with suitable candidates is subject to the discretion of Akin and Akin reserves the right to accept and/or decline the application by the Client;

    2. it will not have access to any Candidates of Akin until it has agreed to and signed a Contract with Akin;

    3. all introductions and Candidate details are confidential and are supplied to the Client on the understanding that it will keep the information confidential and not disclose it to any third party without Akin's prior written consent;

    4. the relationship between itself and Akin is one of an independent contractor and does not give rise and/or imply any form of employment relationship, partnership or joint venture between the Client and Akin;

    5. it will supply accurate and truthful information to Akin whether supplied voluntarily by the Client or requested by Akin;

    6. a direct line of communication will be open with the Candidate;

    7. the information it supplies to Akin will be disclosed to Akin’s Candidates (where necessary) and/or third parties;

    8. all communication with Akin’s Candidates must take place on the Akin Web Platform;

    9. Akin will use the Client’s company name and logo on the Akin Website for promotion purposes and gives Akin rights to use its company name and logo;

    10. any attempt to defraud, circumvent or exclude Akin out of its Commission Fee with respect to the introduction of the Candidate by Akin to its Client (whether or not such attempt is in collusion with or instigated by Akin’s Candidate) will result in a legal claim against the Client jointly with the Candidate (where applicable);

    11. it will inform Akin of any attempts by Akin’s Candidate to circumvent or exclude Akin out of its Commission Fee;

    12. it will inform Akin of any further introductions by the Candidate, to other potential employees and/or third parties, made by Akin’s Candidate;

    13. Akin will be entitled to its Commission Fee, from any further introductions as detailed above, should such introductions result in employment of another third party or potential employee; and

    14. they may not submit content that is implicitly or explicitly offensive (i.e., engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual); 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 libelous.

D.  CONFIDENTIALITY

  1. All introductions of Candidates to the Client are confidential.  The passing on of an introduction to another employer, recruitment agency, employment business, firm or company which results in an engagement renders the Client liable to pay the Agent the Commission Fee that would have been payable to the Agent but for the circumvention.

  2. A Commission Fee will be charged for any Candidate engaged (by the Client and/ or any of its subsidiaries) as a consequence of, or resulting from an direct or indirect introduction to the Client. 

E.  CLIENT INFORMATION

  1. Akin will not make any introduction of Candidates to the Client until the Client has supplied Akin with:

    1. details confirming its personal and corporate identity and the nature of its business;

    2. the remuneration and benefits accepted and signed to by the Candidate;

    3. written confirmation from the Client, signed by the Client and/or an authorised representative, confirming that it is aware of all the legal and/or professional requirements to be satisfied before the Candidate can be engaged; and

    4. written confirmation from the Client, signed by the Client and/or an authorised representative, confirming:

      1. that it authorises Akin to disclose any and all information provided by the Client to its officers and employees as it shall see fit, and

      2. that it authorises Akin and such officers and employees to disclose any of the information to Candidates introduced or supplied by it.

      3. The Client shall be responsible for obtaining work and other permits, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate and satisfy any medical and other requirements or qualifications required by law, save where it is required by law that Akin obtains evidence of qualifications, references or permits.

F.  VERIFICATION

  1. The Client is responsible for assessing the suitability of a Candidate and for engaging that Candidate and checking up any reference supplied.

  2. The Client, in addition to the verification by Akin, is responsible for ensuring that any Candidate supplied by Akin has the necessary qualifications, licenses, capability, integrity and suitability for the purpose for which they are required other than where it is required by law that Akin obtains evidence of qualifications, licenses, capability, integrity and suitability.

G. LIMITATION OF LIABILITY AND INDEMNIFICATION

  1. Akin does not personally establish references and the Client must satisfy itself as to the suitability of any Candidate and shall be responsible for checking up any references (including confirmation and validity of any professional or academic qualifications) provided by any Candidate and/or Akin before engaging such Candidate.

  2. Akin shall not be liable under any circumstances for any loss, damage or expense suffered or incurred by the Client or Candidate arising from or in any way connected with Akin seeking a Candidate for the Client (vice versa) or the introduction by Akin to the Client of any Candidate or the engagement of any Candidate by the Client.

  3. Akin shall not be liable for any loss injury damage costs expenses or delay howsoever caused (whether direct, indirect or consequential) arising directly or indirectly from the introduction or supply of any Candidate or introduction of a Client and in particular without limitation to the foregoing, Akin shall not be liable for any such loss, injury, damages, costs, expenses or delay arising from or in any way connected with:

    1. failure of a Candidate to meet the Client's requirements; and

    2. any act or omission of a Candidate whether willful negligent fraudulent dishonest reckless or otherwise.

      Provided that nothing in these terms shall be construed as purporting to exclude or restrict any liability of Akin to the Client for any loss, injury, damages and costs resulting from Akin’s gross negligence.
  1. The Client indemnifies Akin against all and any claims and liabilities howsoever arising in respect of any loss injury, damage, costs, expenses or delays suffered or incurred by a Candidate howsoever caused (whether arising out of the Client’s acts omissions or otherwise) and against all and any claims made by any third party (arising from the Client’s omissions or otherwise) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction or supply of a Candidate to the Client or the acts or omissions of any such Candidate whether willful reckless fraudulent negligent dishonest or otherwise.

  2. The Candidate indemnifies Akin against all and any claims and liabilities howsoever arising in respect of any loss, injury, damage, costs, expenses or delays suffered or incurred by a Client howsoever caused (whether arising out of the Candidate’s acts omissions or otherwise) and against all and any claims made by any third party (arising from the Candidate’s omissions or otherwise) and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction of a Client to the Candidate or the acts or omissions of any such Client whether willful reckless fraudulent negligent dishonest or otherwise.

  3. On receiving a request for the introduction of a Candidate, Akin will endeavour to supply a Candidate to the Client from its register. Akin however, will not be responsible for the accuracy of any information supplied to the Client in respect of any Candidate save in respect of any legal obligation on Akin to provide the Client with updated information where the same has been provided to or obtained by Akin.

  4. Akin does not warrant the ability of work performance and/or quality of work of any Candidate.

  5. Akin cannot and will not, nor shall it be deemed to be authorised to, act as the Client's agent in entering into contracts on its behalf with Candidates.