OnlineHR Management System
OnlineHR Management System
Terms & Conditions
1.1. “Agent”: a person who may act on another person’s behalf;
1.2. “Court/s”: a tribunal that was created by law to hear and determine cases or disputes;
1.3. “Employee”: as defined in the “Code of Good Practice: Who is an employee?” 1 Dec 2006 - GG29445 - Notice 1774 of 2006
1.4. “EmployWise”” EmployWise (Pty) Ltd (reg no: 2016/448480/07) or its authorized representatives;
1.5. “OnlineHR”: the internet based employee management system;
1.6. “Illegality”: anything that is not allowed in law of South Africa;
1.7. “Professional Service Providers” refer to practicing attorneys, advocates, paralegals and consultants appointed by EmployWise.
1.8. “We/ us” refers to EmployWise
1.9. “You/your”: the employer who is entering into this agreement with EmployWise as indicated in the “Particulars of Employer”.
2. HOW DOES IT WORK?
2.1. You pay a monthly retained calculated in terms of Schedule “A”.
2.2. If your monthly fees are payable in advance, and if paid up to date and if no limitation or exclusion applicable, we will ensure that you receive the services in Schedule “A”.
2.3. The services you enjoy are listed in Annexure “A” and we may change it from time to time by giving you 30 days written notice.
3.1. Any services relating to a referral to the CCMA or a Bargaining Council by an employee if the referral is the consequence of your intentional or negligent failure to adhere to par 5 below or any advice received from our appointed Professional Service Provider, employee, agent or representative.
3.2. Any services whatsoever after this agreement has been cancelled or if your retainer is not paid up to date.
3.3. Any services whatsoever required for pre-existing causes of action or situations that arose before the first payment is made by yourself.
3.4. Any service that furthers or purports to be furthering any illegality on your part.
3.5. Except for matters in the CCMA and/or Bargaining Councils, services do not include any matters in the Labour Court, Labour Appeals Court, Magistrates Court, Regional Court, High Courts or any other court/s, nor does it include services relating to compliance with the Occupational Health and Safety Act.
3.6. In any dispute regarding exclusions, the onus rest on you to prove that the service is not excluded.
4. WHAT WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE
4.1. We shall not be responsible or liable for loss of damages flowing from any act or omission, advice or negligence of Agents, Representatives, Employees or Professional Service Providers appointed by us.
4.2. We do not guarantee:
4.2.1. The expertise or advice given by an appointed Professional Service Provider, employee, agent or representative.
4.2.2. Any decision by any court or tribunal either in favor of or against the Insured.
5. YOUR RESPONSIBILITIES
5.1. Should you wish to discipline / retrench / lay-off / dismiss / terminate any employee for any reason whatsoever, you should contact us or the assigned Professional Service Provider for advice in this regard. We will then advise you on the way forward, including the procedural and/or substantive issues relating to the action required. Failure to do so might result in the further service being excluded from the services in Schedule “A”.
5.2. You should consult us (or your appointed Professional Service Provider) notwithstanding the services provided by OnlineHR.
5.3. You should immediately register any new employee with EmployWise. Failure to do so will result in any service in relation to the new employee being excluded from all services and resulting consequences.
5.4. You must take all reasonable steps to limit and prevent any unnecessary referrals to the CCMA or a Bargaining Council.
6. GENERAL CONDITIONS
6.1. This agreement, its schedules and annexures make up the whole agreement between you and EmployWise.
6.2. This agreement cannot be varied, changed or altered by anyone other than EmployWise by written notice.
6.3. EmployWise has the right to cancel this agreement by giving you thirty (30) days notice and you will not enjoy any policy benefits after the date the policy was cancelled.
6.4. We may notify you of any amendment to the conditions, exclusions, rules, services and benefit of this agreement by way of mail delivered by the SA Post Office, facsimile, smart fax, short message service (SMS), e-mail or through the OnlineHR platform. You acknowledge that the preferred means of notice to you will be by e-mail or through the OnlineHR platform. Any notice sent to you via e-mail or OnlineHR will be regarded as received by you. It is therefore your duty to notify us of any change in your contact details.
6.5. Any official communication with us must be e-mailed to firstname.lastname@example.org or faxed to 0865507723
6.6. EmployWise may outsource or employ or contract any Professional Service Provider to provide the services in Schedule “A” to you.
7.1. Fees will be determined from time to time by EmployWise
7.2. The fee structure in contained in Schedule “A”.
8. MISREPRESENTATION, FRAUD & NON-DISCLOSURE
8.1. If you do not give us all the information we requested, or incomplete or incorrect information is provided when you signed this agreement or when you request services under this agreement, we may cancel this agreement or refuse to provide services under this agreement.
9. DURATION OF AGREEMENT
This agreement shall commence upon registration of the employer with EmployWise and shall continue for the period of 12 months and thereafter for an indefinite period subject to the right of the employer to terminate the agreement upon not less than 30 days written notice to EmployWise.