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KEY CONNECTIONS RECRUITMENT • TERMS AND CONDITIONS OF BUSINESS (B2B)

 

​​These terms and conditions of business are between Key Connections Recruitment South Africa PTY LTD (Reg No: 2017/408283/07), including its subsidiaries, employees, and authorized operators (hereinafter referred to as "the Agency"), and the Client Company utilizing our digital platforms, secure portal, or talent matching services (hereinafter referred to as "the Client").

 

 

1. Digital Candidate Portal & Data Security (POPIA & GDPR)

 

1.1 Access to the Agency’s restricted digital candidate portal is strictly limited to verified corporate clients who have completed individual identity verification. The Client shall be issued unique, individualized, authenticated login credentials. Sharing or distributing login credentials across shared organizational lists or to unauthorized third parties is strictly prohibited and constitutes a material security breach under Section 19 of the Protection of Personal Information Act (POPIA).

 

1.2 The Client acknowledges that talent profiles featured on the digital portal or distributed via B2B marketing channels are pseudonymized and de-identified. Due to the highly specialized nature of technical experience and the risk of indirect deductive re-identification, the Client agrees to treat these profiles as confidential personal data under POPIA/GDPR. The Client explicitly agrees not to use automated bots, scrapers, data-mining tools, or reverse-engineering techniques to bypass matching algorithms or uncover a candidate's identity.

 

1.3 Upon requesting a formal introduction and receiving a candidate’s full unmasked Curriculum Vitae (CV) or contact metrics, the Client assumes the status of an Independent Responsible Party (or Data Controller). The Client warrants that it will process and secure candidate data strictly for the purpose of evaluating the candidate for a live vacancy within its organization and will permanently delete or securely destroy such data in accordance with statutory retention limits if no placement occurs.

 

 

2. Commercial Placement Fees & Asymmetrical Currency Locks

 

2.1 In the event of the Client appointing or engaging a candidate introduced by the Agency, whether directly or indirectly, and in whatever capacity (including permanent, fixed-term, temporary, contract, consultancy, or freelance employment) within twelve (12) months of the introduction, the Client shall be liable to pay a permanent placement fee.

 

2.2 The standard recruitment fee is equivalent to 15% (excluding VAT) of the candidate's annual total cost to company (CTC) income package, inclusive of all guaranteed income, allowances, and bonuses.

 

2.3 The placement fee is payable by the Client to the Agency within seven (7) days of the candidate's official commencement of employment. Outstanding balances past this window shall accumulate interest levied at a rate of 5% per annum.

 

2.4 Asymmetrical Foreign Currency Conversion: * 2.4.1 For roles where the candidate’s remuneration package is structured in a foreign currency (including but not limited to USD, GBP, EUR), the baseline rule dictates that the Agency shall invoice, and the Client shall pay, directly in that native foreign currency.

  • 2.4.2 If the Client explicitly requests the commercial accommodation of receiving an invoice denominated in South African Rand (ZAR) for a foreign-currency package, the Agency reserves the right to calculate the conversion rate retroactively using the South African Reserve Bank (SARB) closing spot rate on whichever of the following dates yields the highest ZAR valuation for the Agency:

    • Option A: The exact date the candidate signs the formal employment offer letter; or

    • Option B: The candidate's official commencement/start date with the Client Company.

 

2.5 Extraterritorial & Affiliate Liability: The full placement fee remains completely triggered and payable if a candidate introduced by the Agency is engaged or employed within twelve (12) months by:

  • 2.5.1 The Client Company;

  • 2.5.2 Any international or offshore parent company, holding entity, sister company, or foreign subsidiary of the Client; or

  • 2.5.3 Any entity wherein South African shareholders, directors, or operational managers of the Client exercise active control, irrespective of whether such entity is registered within or outside the borders of the Republic of South Africa.

 

 

3. Validation of Introduction & Pre-Existing Candidate Data

 

3.1 The Agency shall retain absolute ownership of an introduced candidate for a period of twelve (12) months from the date the candidate's details (including pseudonymized profiles, CVs, or introduction logs) are transmitted or accessed by the Client.

 

3.2 If the Client claims a candidate was already known to them or resided within their internal Applicant Tracking System (ATS) or corporate database prior to the Agency's introduction, the burden of proof rests entirely on the Client.

 

3.3 To successfully invalidate an Agency introduction, the Client must produce definitive written and timestamped evidence demonstrating that the candidate was engaged in a live, active, multi-stage interview process for a specific open vacancy within the trailing twelve (12) months from the date of the Agency's outreach.

 

3.4 Exclusions: Pre-existing data records, automated CV scraping, historical interactions older than twelve (12) months, cold marketing outreach, warm nurturing sequences, or generic "talent pool" check-ins do not constitute an active interview process and shall not invalidate the Agency's right to represent the candidate or claim the full placement fee.

 

3.5 Job Specification & Requisition Matching Standards: To successfully establish a pre-existing candidate relationship under this section, the Client must explicitly produce the matching Job Specification and Internal Requisition Number that was shared with the candidate during the trailing twelve (12) months. A dispute raised by the Client shall be deemed invalid if the Client’s historical outreach was for a completely different Job Specification, a separate organizational department, or a distinct technical stack than the one detailed in the Agency's Interview Request Manifest. The Agency retains full right of representation for the newly introduced role.

 

 

4. Mandatory Interview Manifestation & Non-Circumvention

 

4.1 Prior to the Agency unmasking the true identity, full CV, or contact metrics of any pseudonymized portal profile, the Client must log a formal "Interview Request Manifest" on the platform. This manifest must detail the specific job title, department, internal job description/specification, and an introductory project summary ("elevator pitch") for the candidate.

 

4.2 Once the Agency unmasks the candidate based on this manifest, the candidate shall have forty-eight (48) hours to flag if they have been engaged in an active interview process (as defined in Section 3.3) with that specific company department for that exact job specification within the last twelve (12) months. If no such active conflict is raised by the candidate or documented by the Client within forty-eight (48) hours of unmasking, the Agency's introduction stands as legally absolute, and the placement fee remains fully enforceable upon hire.

 

 

5. Absolute Third-Party Data Restrictions

 

5.1 In strict accordance with POPIA and GDPR, the Client is strictly prohibited from sharing, transferring, selling, or disclosing any candidate data, CVs, or portal metrics to entities outside its exact juristic business structure. This prohibition explicitly extends to corporate group affiliates, sister companies, external procurement partners, or personal business networks.

 

5.2 Commercial Breach Remedy: Should the Client leak or transfer candidate profile metrics or CVs to any third party without the Agency’s prior written consent, and that third party subsequently employs or engages the candidate in any capacity within twelve (12) months, the Client shall be held jointly and severally liable to pay the Agency the full 15% placement fee calculated against the candidate's new annualized remuneration package as liquidated damages.

 

5.3 The Client agrees not to approach, contact, or conduct reference-style discussions with any current or former employer, colleague, or associate of the candidate without obtaining the candidate’s explicit consent, which may only be requested once a formal offer of employment is actively being considered.

 

 

6. Credit Rebate & Forfeiture Scale

 

6.1 If a placed candidate becomes disengaged subsequent to their engagement, the Client is entitled to one replacement candidate to the value of the fee, redeemable against any services offered by the Agency. Should the candidate be disengaged after twelve (12) weeks of employment, no credit rebate applies.

 

6.2 The Credit Rebate scale is structured as follows:

  • 6.2.1 Disengagement within 4 weeks: 75% of Fee;

  • 6.2.2 Disengagement between 4 to 8 weeks: 50% of Fee;

  • 6.2.3 Disengagement within 8 to 12 weeks: 25% of Fee.

 

6.3 Forfeiture of Credit Rebate: The Client completely forfeits any entitlement to a credit rebate or replacement if:

  • 6.3.1 The Client pays the placement fee to the Agency in excess of fourteen (14) days after the candidate's commencement date;

  • 6.3.2 The Client fails to notify the Agency in writing within seven (7) days from the day of disengagement setting out the facts giving rise to it;

  • 6.3.3 The Client terminates the employment of the candidate as a result of operational requirements (retrenchments or restructuring); or

  • 6.3.4 The Client disengages the candidate and subsequently re-engages, or attempts to re-engage, the same candidate at any time whatsoever.

 

 

7. Pre-Employment Vetting Costs

 

7.1 As a value-added service to ensure placement velocity, the Agency shall absorb the operational costs of third-party verification vendors for standard background screenings (criminal, credit, and qualification verifications) conducted with separate candidate written consent.

 

7.2 This cost absorption is strictly conditional upon the Client acting in good faith toward a live placement loop. Should the Client require comprehensive validation checks for a candidate and subsequently withdraw the job mandate, freeze the budget, or cancel the vacancy for arbitrary or operational reasons unrelated to the vetting results, the Agency reserves the right to bill the hard costs of the third-party verification screenings directly to the Client.

 

 

8. Governing Law & ECTA Disclosures

 

8.1 These Terms of Business are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these terms shall fall under the exclusive jurisdiction of the South African courts.

 

8.2 In compliance with Section 43 of the Electronic Communications and Transactions Act (ECTA) No. 25 of 2002, the Agency’s formal corporate disclosure details, physical operational addresses, and registration metrics can be reviewed at our main domain page (www.keyconnections.co.za) or requested via info@keyconnections.co.za.

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