Terms and Conditions Page 3

11. Dispute Resolution (Mediation & Arbitration)
11.1. Any dispute, questions or differences arising at any time
between the parties, out of or in regards to any matters arising,
the rights and duties of any of the parties, the interpretation of,
the termination of or any matter arising out of the termination
of, or the rectification of this agreement, shall firstly be communicated to the other party in writing and the party will
have 14 days to respond a further 14 days to rectify the dispute.
11.2. Written notice by either party to the other that the Directors of
the Company and the Agent have not or could not resolved the
issue, and that mediation was unsuccessful shall be sufficient
notice to that effect and the parties may then refer the issue to
the CCMA for arbitration.
11.3. In the event that no agreement is reached at the CCMA the next
step in order to resolve the dispute will be arbitration using the
minutes and records of the Mediator as reference.
11.4. Such arbitration shall be held at the CCMA Offices in Cape
Town.
11.5. This entire agreement will be governed by South African law
and all legal issues relating to this agreement will be dealt with
according to the judiciary system in South Africa.
12. Contract Variation
12.1. No amendment of, alteration to, addition to or deletion from this
Agreement, or any consensual cancellation of this Agreement
or any part of this Agreement, shall be binding on the parties
unless reduced to writing and signed by both parties
12.2. No indulgence granted by either party shall constitute a waiver
of any of that party’s rights under this Agreement. Accordingly,
that party shall not be precluded, as a consequence of having
granted such indulgence, from exercising any rights against the
other which may have arisen or may arise.
13. Domicilium
13.1. The parties choose Domicilium citandi et executandi for all
purposes of the giving of any notice, the payment of any sum,
the serving of any process and for any other purpose arising
from this Agreement, at their respective addresses set out in
this Agreement.
13.2. Each of the parties shall be entitled from time to time, by written
notice to the other, to vary its Domicilium to any other physical
address within the Republic of South Africa and/or its facsimile
number
13.3. Any notice given and any payment made by any party to the
other which is delivered by hand during the normal business
hours of the addressee at the addressee’s Domicilium for the
time being shall be rebuttable presumed to have been received
by the addressee at the time of delivery
13.4. Is posted by prepaid registered post from an address within the
Republic of South Africa to the addressee at the addressee’s
Domicilium for the time being shall be rebuttable presumed to
have been received by the addressee on the seventh day after
the date of posting.
13.5. Any notice given by any party to the other party which is
transmitted by facsimile, WhatsApp, sms, email or electronic
messaging service shall be presumed to have been received
by the addressee on the date of successful transmission
thereof.
14. Professional Indemnity Cover
14.1. Pursuant to the Employee’s obligations in Clause 14, the
Employee is obliged to keep and maintain, at all times during
your employment and to the reasonable satisfaction of the
Temporary Employment Agency, an insurance policy insuring
the Employee against professional liability and medical
malpractice, and to furnish the Temporary Employment Agency
upon the Employee’s appointment and thereafter on the
anniversary of his/her appointment with reasonable proof that
he/she have complied with this obligation
14.2. Should the Temporary Employment Agency not be reasonably
satisfied that the Employee have complied with his/her
obligation after requesting the proof referred to above, the
Temporary Employment Agency may inform the Employee in
writing that he is not satisfied, in which event the Employee will
be deemed to have appointed the Temporary Employment
Agency as his/her agent to:
14.2.1. conclude such an appropriate insurance policy on
the Employee’s behalf and in his/her name through
an insurance Agency nominated by the Temporary
Employment Agency at its sole discretion;
14.2.2. pay on the Employee’s behalf, all premiums and
other monies due and payable by the Employee in
respect of that insurance policy; and
14.2.3. deduct any amount(s) so paid to the insurer from any
amount owed by the employee to the employer.
15. Registration
15.1. The Employee is obliged to ensure at all times that he/she is
registered or enrolled as a nurse with the South African Nursing
Council and with any other body under whose authority the
Employee may fall. Failure to comply with this duty will be regarded as a material breach of this contract, warranting the
termination thereof
16. Information
16.1. The Employee is obliged to provide the Temporary
Employment Agency with all information relating to the
Employee’s qualifications, work history and experience as a
nurse and hereby agree that the Temporary Employment
Agency may take any reasonable steps to verify such
information including but not limited to verification and
reference checks.
17. Guarantee of Competency
17.1. The Employee guarantees that he/she is competent to carry out
the services which he/she has undertaken under this contract
and that he/she is properly qualified to occupy the post as
envisaged herein.
17.2. It is the responsibility of the employee to undertake Continuous
Professional Development (CPD) including but not limited to
Basic Life Support for Professionals (BLS) and maintain a
portfolio of evidence thereof.
17.3. The employee may attend PPLE Healthcare BLS training at a
10% discoun