1. APPLICATION OF THESE TERMS

These Client Terms and Conditions apply to all Clients who:

• engage Hustle Co.’s services;
• receive Candidate introductions;
• receive Candidate information;
• request recruitment or consulting services;
• participate in recruitment processes facilitated by Hustle Co.

By engaging with Hustle Co. or receiving Candidate information, the Client agrees to be bound by these Terms.

2. NATURE OF SERVICES

Hustle Co. operates as an independent recruitment and talent acquisition consultancy.

Hustle Co. provides services including:

• permanent recruitment;
• contractor recruitment;
• executive search;
• talent acquisition;
• consulting introductions;
• advisory introductions;
• recruitment process support;
• market mapping;
• talent sourcing.

Hustle Co. acts solely as an intermediary and does not become a party to any employment, contractor or consulting arrangement entered into between a Client and a Candidate.

3. CLIENT RESPONSIBILITIES

The Client remains solely responsible for:

• hiring decisions;
• employment contracts;
• contractor agreements;
• payroll administration;
• immigration compliance;
• labour law compliance;
• tax compliance;
• onboarding;
• workplace management;
• performance management;
• disciplinary processes;
• termination decisions.

All employment and engagement decisions remain solely the responsibility of the Client.

4. DEFINITION OF INTRODUCTION

A Candidate shall be deemed introduced by Hustle Co. where Hustle Co. has supplied any information capable of identifying that Candidate.

This includes but is not limited to:

• CVs;
• résumés;
• biographies;
• candidate summaries;
• LinkedIn profiles;
• contact information;
• interview notes;
• assessment results;
• references;
• verbal introductions;
• meetings;
• email introductions;
• messaging platform introductions.

An Introduction shall occur whether information is supplied directly or indirectly.

5. CANDIDATE OWNERSHIP

All Candidates introduced by Hustle Co. shall remain protected Candidates of Hustle Co. for a period of twelve (12) months from the date of Introduction.

Where a Candidate is introduced by Hustle Co., the Client acknowledges Hustle Co.’s ownership of that introduction for the duration of the protected period.

Candidate ownership shall survive:

• role cancellations;
• hiring freezes;
• unsuccessful interview processes;
• changes to hiring requirements;
• delays in hiring;
• termination of a recruitment assignment.

6. ENGAGEMENT EVENTS

For purposes of these Terms, an Engagement includes any arrangement whereby a Candidate provides services to or receives remuneration from the Client.

Engagement includes:

• permanent employment;
• fixed-term employment;
• contract employment;
• freelance engagements;
• consulting arrangements;
• advisory services;
• board appointments;
• outsourced service arrangements;
• part-time engagements;
• project-based engagements.

Any Engagement during the protected period shall trigger the applicable recruitment fee.

7. ASSOCIATED ENTITIES

The Client acknowledges that recruitment fees remain payable where a Candidate introduced by Hustle Co. is engaged by:

• the Client;
• a parent company;
• a subsidiary;
• an affiliate;
• a sister company;
• a holding company;
• a related entity;
• a joint venture;
• any entity under common ownership or control.

The Client shall remain responsible for payment regardless of which associated entity ultimately engages the Candidate.

8. NON-CIRCUMVENTION

The Client agrees not to directly or indirectly circumvent Hustle Co. for the purpose of avoiding recruitment fees.

Without limitation, circumvention includes:

• engaging a Candidate outside the recruitment process;
• engaging a Candidate through another recruiter;
• engaging a Candidate through an intermediary;
• engaging a Candidate as a consultant rather than an employee;
• delaying engagement until after a recruitment process concludes;
• introducing a Candidate to an associated entity;
• facilitating engagement through a third party.

Any such engagement shall remain subject to Hustle Co.’s applicable recruitment fees.

9. PREVIOUS KNOWLEDGE OF CANDIDATES

If the Client believes it has prior knowledge of a Candidate introduced by Hustle Co., the Client must notify Hustle Co. in writing within five (5) business days of receiving the Candidate’s information.

Such notification must include reasonable evidence demonstrating:

• prior contact;
• prior application;
• prior interview history;
• existing relationship.

Failure to provide such notice shall constitute acceptance that the Candidate was introduced by Hustle Co.

10. RE-ENGAGEMENT OF CANDIDATES

Where a Candidate introduced by Hustle Co. is engaged, leaves the organisation and is subsequently re-engaged within twelve (12) months of the original Introduction, the applicable recruitment fee shall remain payable.

11. CLIENT CONFIDENTIALITY OBLIGATIONS

Candidate information provided by Hustle Co. is confidential.

Clients agree to:

• use Candidate information solely for recruitment purposes;
• restrict access to authorised personnel;
• protect Candidate information from unauthorised disclosure;
• comply with applicable privacy legislation.

Candidate information may not be shared with third parties without prior written consent from Hustle Co.

12. CANDIDATE DATA PROTECTION

Clients acknowledge that Candidate information constitutes confidential Personal Information.

Clients agree to process Candidate information in accordance with:

• POPIA;
• applicable labour legislation;
• applicable privacy legislation.

Candidate information shall only be used for lawful recruitment purposes.

13. CANDIDATE VERIFICATION DISCLAIMER

Unless expressly agreed in writing, Hustle Co. does not independently verify:

• qualifications;
• criminal records;
• employment history;
• references;
• educational credentials;
• right-to-work status;
• identity documents;
• financial history.

The Client remains solely responsible for conducting its own due diligence and verification processes.

14. NO WARRANTY

Hustle Co. makes no warranty regarding:

• Candidate suitability;
• Candidate performance;
• Candidate retention;
• cultural fit;
• future performance;
• business outcomes arising from hiring decisions.

All hiring decisions remain solely the responsibility of the Client.

15. REPLACEMENT GUARANTEES

Where a replacement guarantee has been agreed in writing, such guarantee shall be governed exclusively by the signed placement agreement or terms of business applicable to the engagement.

No replacement guarantee shall apply unless expressly agreed in writing.

Any guarantee shall become void where:

• invoices remain unpaid beyond agreed payment terms;
• payment obligations are breached;
• employment conditions are materially altered after placement;
• the Client terminates the Candidate for reasons unrelated to performance or suitability.

16. PAYMENT OBLIGATIONS

Recruitment fees shall become payable in accordance with the applicable proposal, quotation, signed agreement or invoice issued by Hustle Co.

The Client agrees that payment obligations arise upon a successful Engagement and are not contingent upon:

• future performance;
• retention;
• commercial success;
• profitability;
• organisational changes.

17. NON-SOLICITATION OF HUSTLE PERSONNEL

The Client agrees not to directly or indirectly solicit, recruit, employ, contract or engage any employee, consultant or contractor of Hustle Co. during the course of the relationship and for a period of twelve (12) months thereafter.

Should such engagement occur, Hustle Co. reserves the right to recover reasonable damages and associated recruitment costs.

18. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Hustle Co. shall not be liable for:

• Candidate misconduct;
• poor performance;
• resignation;
• dismissal;
• labour disputes;
• workplace disputes;
• commercial losses;
• indirect losses;
• consequential losses.

Where liability cannot lawfully be excluded, Hustle Co.’s aggregate liability shall not exceed the fees actually paid to Hustle Co. during the twelve (12) months immediately preceding the event giving rise to the claim.

19. INDEMNITY

The Client agrees to indemnify and hold harmless Hustle Co., its directors, employees, consultants and representatives against any claims, losses, liabilities, costs or expenses arising from:

• hiring decisions;
• employment disputes;
• labour disputes;
• immigration breaches;
• payroll compliance issues;
• tax compliance issues;
• regulatory investigations;
• misuse of Candidate information;
• breach of these Terms.

20. GOVERNING LAW

These Terms shall be governed by the laws of the Republic of South Africa.

21. JURISDICTION

The courts of Cape Town, Western Cape, South Africa shall have exclusive jurisdiction over disputes arising from these Terms.

22. ACCEPTANCE

Receipt, review or use of Candidate information supplied by Hustle Co. constitutes acceptance of these Client Terms and Conditions.