Referred Candidate or “Candidate”: The person to whom the Agent has introduced the role, directly or indirectly, by whatever channel or means. The Referred Candidature status remains valid for 15 months, and is not contingent on candidate consent in terms of the obligations of the Employer.  

Employer(s): The entity that has a role on offer and that can provide the Contract of Employment to the candidate. Also known as the Client

Agent: Smart Sales Talent, t/a Smart Talent Group.

  1. At all times the Candidate will be assumed to be participating of their own free will in any referral, introduction process and any Client – Candidate interaction. The Candidate retains the right at all times to withdraw from the said process, without affecting the Terms agreed between the Client and the Agent, including, Referred Candidate Terms. 
  2. The Agent-Candidate relationship is not contractual, including no provision of a contractual consideration nor any intent to form legally-binding relations. Either party can withdraw at any time from the referral process, with no obligation to provide an explanation and without affecting the rights of either party. This does not affect the Candidate Referral Terms of any existing Agent-Client Terms. 
  3. As a candidate, you agree to not contact the Employer or Client of Smart Sales Talent – the Agent –  directly or indirectly  until such time as agreed with Smart Sales Platform. 
  4. Where the Candidate contacts the Client directly without informing the Agent, the Agent retains ownership of the referral for a period of 15 months, in accordance with clause 9.3 of the published Terms of Service as applicable to the Employer.
  5. Where information about a role and or employer is shared, it is shared on a strict confidentiality basis and should be carefully protected by the candidate. Any consequential damage claim from an employer (Client) arising from a breach of confidentiality is the responsibility of the candidate, solely.
  6. The Agent performs a presentation role. The Agent will endeavour to secure feedback from the Client following Client-Candidate interactions (e.g. interview, meetings). 
  7. Where a Client makes a Job Offer (verbally or in writing), they retain the right to withdraw the offer within 48 hours where the offer is not accepted by the candidate. The Client may then subsequently re-introduce the offer.
  8. It is the responsibility of a candidate to negotiate offer terms and it is at the discretion of the Agent whether or not to facilitate negotiation communication. This includes reference information, offer and contractual details and schedules and timelines. The Agent acts as a facilitating agent, but will not negotiate final terms nor assume responsibility for final reference checking. 
  9. Once the Client makes an offer, it is the responsibility of the Candidate to ensure that acceptance and counter-acceptance is secured.
  10. Where the Candidate has accepted an offer from or signed a contract with the Client (employer), and the Client fails to honour the terms of the contract, including providing the employment, any subsequent consequential damages claim is between the Candidate and the Client (Employer). 
  11. The Agent will not be liable for any wrongful, negligent and dishonest behaviour or omission of the candidate, including but not restricted to, inappropriate behaviours nor inappropriate use of language, during Agent-Client-Candidate interaction. 
  12. Where a Candidate engages in any unacceptable behaviour , including but not restricted to inappropriate language,  the Agent retains the right to terminate the candidature, where a duty of care is required, without affecting the rights of the Candidate. 
  13. The Employer is a Controller of personal information, and is subject to the terms of prevailing regulation and laws pertaining to your personal data including terms in the General Data Protection Regulation.
  14. Smart Talent Group as the Agent will not be liable for any wrongful, negligent and dishonest behaviour or omission of the Employer, deliberate or otherwise, during the recruitment process, including offer and acceptance stages and subsequent notice and employment periods.