TERMS AND CONDITIONS
The Broker shall remunerate the Workers hired out by the Broker and the Company shall not at anytime or for any reason be required to make payment of whatsoever nature directly to any of the Workers.
In consideration for the performance by the Broker of all its obligations in terms of the Contract, the Company shall pay the rates to the Broker as set out in the Commission Structure.
Notwithstanding anything to the contrary contained in the Contract the total amount of fees receivable by the Broker from the Company arising directly or indirectly from the provisions of the contract shall not exceed the maximum value of the rates set forth in the Commission Structure.
The Company shall have the right at all reasonable times through its own staff and if in its sole and absolute discretion deem same necessary through outside auditors to audit the books the records of the Broker insofar as such books and records relate or should relate to the Workers, the extents of which audit shall be entirely within the Company’s sole and absolute discretion.
In the event that such audit reveals that in respect of any of the Workers the Broker shall not have paid the minimum rate and/or the Broker shall not have paid to the authority entitled thereto the contributions levies, taxes and imposts which were deducted from monies which such Employee should have received from the Broker, then: -
- the report of the audit shall constitute prima facie evidence of its contents;
- the Broker shall prima facie be and become indebted to the Company for the difference of shortfall reflected in the report;
- such indebtedness may be recovered by the Company forthwith by set off against monies if any then due or thereafter becoming due by the Company to the Broker alternatively at the Company’s sole discretion on demand;
- the recovery of such indebtedness shall be accompanied together with interest payable by the Broker to the Company at a rate equivalent to the prime overdraft rate charged by the Company’s bankers from time to time calculated from the due date of each and every respective payment, which the Broker shall have failed to make reckoned until and including the date on which the Company receives payment by set off or otherwise;
- the Company shall have the right, in its sole and absolute discretion and without prejudice to its other rights to make good to the Workers and the authorities all such amounts as should have been paid by the Broker.
Should any monies be due or likely to become due from the Broker to the Company under any of the terms and conditions of this agreement and/or the contract from whatever cause then such monies may be deducted from payments due to the Broker, should any amount due from the Broker exceed any amount due to the Broker, the Broker shall pay on demand the difference to the Company.