TEMPORARY SLA v2017

TEMPORARY SERVICE LEVEL AGREEMENT

These business terms and conditions are
between

Three Sixty HCS (Pty) Ltd - Registration Number 2017/283400/07
and

Company Name: Reg. No:
Registered VAT No:
Address:

(Herein after referred to as the “Client”)

The terms and conditions contained in this document will only become applicable once the Client has gone through the full recruitment process with
360 Human Capital Solutions and has made the decision to temporarily employ a candidate introduced to them by 360 Human Capital Solutions. All
payments made by 360 Human Capital Solutions to advertise, interview and refer the candidate to the Client are borne by 360 Human Capital Solutions
and will not be charged to the Client at any stage, unless otherwise agreed.

Once signed, these terms and conditions will apply to each order placed, by the Client, for the recruitment services for temporary Staff with 360 Human
Capital Solutions.

1. BACKGROUND

1.1 360 Human Capital Solutions, a “Temporary Employment Service”, as defined in the Labour Relations Act (“LRA”) offers a service to its customers;
which comprises of the providing of an employee or employees of 360 Human Capital Solutions for a limited period to the Client for the purpose
of performing services on behalf and for the benefit of the Client.

1.2 This contract will govern the relationship between the two (2) parties, namely 360 Human Capital Solutions and the Client, for every assignment
for which the Client requests a temporary employee or employees of 360 Human Capital Solutions. The employee/s provided by 360 Human
Capital Solutions are, and will remain employees of 360 Human Capital Solutions until this contract is terminated.

1.3 Should the employee/s be deemed to be the Clients’ employee/s by virtue of the operation of any law during the period of operation of this contract,
360 Human Capital Solutions will continue to discharge its obligations under this contract and ensure that the employee/s are treated in accordance
with the applicable law. 360 Human Capital Solutions hereby indemnifies the Client against any loss which the Client may incur as a result of any
legal action by an assigned employee/s under the LRA, the Basic Conditions of Employment Act 20 of 2013 or any applicable collective agreement,
sectoral determination or regulation during the period of this contract. However; should such action succeed on the basis of an unfair labour
practice or breach of any statute, applicable collective agreement or regulation committed by the Client, the Client will accept sole liability for
settlement of any judgment or award in favour of the employee/s.

1.4 360 Human Capital Solutions will select the employee/s to provide the services to the Client, whom 360 Human Capital Solutions warrants are
suitably qualified for performing the services required by the Client.

1.5 The services required of the employee/s are those which may or may not relate to the core function of the Client or are services which require a
fluctuating number of employee/s.

2. DURATION AND RENEWAL

2.1 The date of commencement is _________ day of _________________________ 2017 [insert date]
2.2 This agreement shall be for a period of twelve (12) months from the date of commencement, irrespective of when the agreement is signed.
2.3 The parties shall by agreement, be entitled to renew the agreement for a further period or periods of twelve (12) months on the same terms or terms

otherwise agreed.
2.4 The party wishing to renew the agreement shall advise the other at least sixty (60) days prior to the expiry of the agreement. The parties must

endeavour to agree to amended terms, if any, before the expiry date. Should the parties be unable to reach agreement prior to the expiry date of
this agreement, all services supplied by 360 Human Capital Solutions under this agreement shall be terminated on the expiry date.

3. OBLIGATIONS OF 360 Human Capital Solutions

3.1 360 Human Capital Solutions will provide (a) suitably qualified employee/s to perform work specified by the Client under the supervision of the
Client. However, 360 Human Capital Solutions will maintain such control over the employee/s as it is lawfully entitled to exercise as their employer.

3.2 360 Human Capital Solutions will replace any employee/s who in the opinion of the Client has failed to perform to the satisfaction of the Client.
360 Human Capital Solutions will investigate the allegation and consult the Client on the circumstances giving rise to the complaint.

3.3 If the complaint is justified and the Client notifies 360 Human Capital Solutions within four (4) hours of the employee commencing his duties, no
charge will be made in respect of that employee/s for the hours worked.

3.4 360 Human Capital Solutions will endeavour to replace an employee/s who has been removed from the Client ‘s site in terms of paragraph 3.3
above, within 24 hours.

3.5 360 Human Capital Solutions will be responsible for payment of its employee/s’ wages in accordance with minimum standards set by legislation,
subordinate legislation or applicable collective agreements and sectoral determination. 360 Human Capital Solutions will further be responsible
for all statutory deductions from the employee/s’ wages which includes income tax, trade union subscriptions, unemployment insurance and
deductions under binding collective agreements.

3.6 360 Human Capital Solutions undertake to comply with the requirements of the Compensation for Occupational Injuries and Diseases Act.
3.7 360 Human Capital Solutions will ensure that the employee/s fully familiarise themselves with the requirements and specifications of the work to

be performed and shall, with due skill and diligence and in a proper manner, carry out and complete the services prescribed by the Client.
3.8 360 Human Capital Solutions warrants that the employee/s will:

3.8.1 Report for duty with the Client at a prescribed time.
3.8.2 Perform their duties prescribed by the Client.
3.8.3 Report to an employee of the Client designated to exercise supervision over the employee/s.
3.8.4 Comply with the Client’s policies and procedures.
3.8.5 Carry out any lawful instruction given to the employee/s which the Client is entitled to give in terms of the agreement.
3.9 360 Human Capital Solutions will be responsible for consulting and communicating work place issues with its employee/s.

4. OBLIGATIONS OF THE CLIENT

4.1 The Client will provide 360 Human Capital Solutions with its requirements, including the hours of work required by (an) employee/s of 360 Human
Capital Solutions and any necessary qualifications.

4.2 The Client will supervise the work of the employee/s to ensure that it is carried out to the satisfaction of the Client, and to assist 360 Human Capital
Solutions in ensuring that its employee/s are familiar with the requirements of the work to be performed.

4.3 The Client will ensure that the employee/s are adequately trained in any specific function required by the Client.
4.4 The Client will ensure safe working conditions and comply with all statutory and other obligations of an employer; except in matters expressly

excluded by this agreement.
4.5 The Client will effect and maintain reasonable insurance cover in respect of all possible claims which 360 Human Capital Solutions employees

may have against the Client arising out of the Client’s occupation of premises and use of any of the Client’s machinery and equipment.
4.6 The Client will effect and maintain insurance cover in respect of possible claims a third party may have against the Client or against 360 Human

Capital Solutions arising out of the duties performed by 360 Human Capital Solutions employee/s.
4.7 The Client will maintain suitable means of communication between 360 Human Capital Solutions and its employee/s.
4.8 The Client will supply 360 Human Capital Solutions employee/s with all the necessary tools for performing the services identified by the Client.
4.9 The Client will not require or permit 360 Human Capital Solutions’s employee/s to perform their work in excess of the minimum period prescribed

by law, and will abide by all legal obligations employers have to their employees.
4.10 In the event of disciplinary action being required against 360 Human Capital Solutions employee/s, 360 Human Capital Solutions will be

responsible for conducting the disciplinary proceedings or counselling sessions, and the Client will accept the outcome of such proceedings as
the case may be.
4.11 The Client shall not entrust an employee with the handling of money or valuables unless the employee’s services specifically require such conduct.

5. PAYMENT

5.1 The Client shall pay to 360 Human Capital Solutions moneys due, calculated in terms of the hours worked by the employee/s at 360 Human
Capital Solutions as per pricing schedule, subject to overtime payment as prescribed by legislation.

5.2 360 Human Capital Solutions will be responsible for paying its employees.
5.3 At the end of each week the Client shall sign a time sheet submitted to the Client by each 360 Human Capital Solutions employee confirming the

hours worked by the employee.
5.4 The Client will be invoiced weekly in accordance with pricing schedule, and payment is due within fourteen (7) days of presentation of the Invoice,

unless prior arrangements have been made, which must recorded in writing and signed by the parties.
5.5 Overtime and expenses consistent with applicable labour laws shall be invoiced separately.
5.6 Should employees perform duties over public holidays or weekends, 360 Human Capital Solutions will invoice the Client in accordance with the

increased payments due to the employee/s in accordance with 360 Human Capital Solutions specified in schedule 1.
5.7 The Client may not withhold any payment for any reason whatsoever.
5.8 The rates provided for in pricing schedule, include statutory payments, are set at wage rates agreed between 360 Human Capital Solutions and its

employee/s. (360 Human Capital Solutions employees are entitled to annual wage increases, which are implemented each anniversary of
employment. The amount of the increase is determined by 360 Human Capital Solutions, subject to the provisions of any law.)

6. WARRANTIES AND INDEMNITIES

6.1 360 Human Capital Solutions warrants that it has complied and will comply with the requirements of all applicable legislation including, but not
limited to the LRA, the Unemployment Insurance Act, the Basic Conditions of Employment Act and the Compensation for Occupational Injuries
and Diseases Act and the Employment Equity Act.

6.2 The Client indemnifies 360 Human Capital Solutions against any loss, damages or costs suffered by the Client as a direct or indirect consequence
of the supply to or use by the Client of the service of the employee/s.

6.3 The Client irrevocably indemnifies 360 Human Capital Solutions, its Directors, employees and representatives against any claim which may be
instituted against any one or more, or all of them and which claim arises out of or in connection with any conduct performed by the employee/s.
The aforementioned excludes any claims arising from negligence, unfair labour practices, non-compliance with legislation or claims arising from
any other related causes for which 360 Human Capital Solutions is directly responsible in terms of this agreement.

6.4 360 Human Capital Solutions will not be liable for any consequential loss suffered by the Client, however caused.
6.5 It is recorded that 360 Human Capital Solutions provides and charges for only the services as per this agreement and that the Client supervises

the manner, time and place in which the employee/s carries out the work assigned to him or her and, therefore, the Client shall be liable and so
indemnifies 360 Human Capital Solutions for all acts and omissions of 360 Human Capital Solutions’s employee/s.
6.6 360 Human Capital Solutions shall not be liable to the Client for any injury, loss, damage or expense arising in connection with the supply of,
and/or failure to supply of employees, whether resulting from industrial action, protected or unprotected, or the negligence, mistake, dishonesty,
and misrepresentation or otherwise on the part of 360 Human Capital Solutions or its employee/s. Except in terms of any of the exclusions listed
in 6.3 above.
6.7 The Client shall notify 360 Human Capital Solutions of any occurrence likely to give rise to a claim or dispute, within thirty (30) days of such
occurrence and failure to do so, shall constitute a waiver by the Client of all such claims or disputes. No amounts due to 360 Human Capital
Solutions as stated in Clause 5 above, may be withheld or otherwise set off pending the outcome of such claims.

LABOUR RELATIONS ACT (LRA)

6.8 The parties acknowledge that as a consequence of the amendments to the LRA, under certain circumstances the Client may become deemed to be
the co-employer of the assignees, together with 360 Human Capital Solutions, for the purposes of the Labour Relations Act. Under such
circumstances, the assignees will in law, be entitled to bring claims against 360 Human Capital Solutions in accordance with the provisions of
the LRA. Accordingly, 360 Human Capital Solutions gives the Client the indemnities set out in the balance of this clause 6.

6.9 In respect of a claim arising from any form of dismissal, 360 Human Capital Solutions indemnifies the Client from any monetary award or
judgement made against the Client on condition that the Client has afforded 360 Human Capital Solutions every reasonable opportunity to effect
a procedurally and substantively fair dismissal using the following standards as the primary determinants thereof;
6.9.1 The Disciplinary Procedure and Code of the Client in the case of misconduct;
6.9.2 The Grievance Procedure of the Client in the case of any grievance;
6.9.3 The incapacity procedure of the Client in the event of incapacity;
6.9.4 The operational requirements provisions contained in section 189 or section 189(A) of the LRA and/ or in any Collective Agreement of
application, as the case may be.

6.10 In respect of a claim arising from an alleged unfair labour practice, 360 Human Capital Solutions indemnifies the Client in respect of any monetary
award or judgment on condition that the Client has afforded 360 Human Capital Solutions ever opportunity of addressing the cause of the complaint
prior to and after the dispute has been declared. This indemnity is also on condition that the Client acts in accordance with advice given by 360
Human Capital Solutions in respect of the subject matter of the alleged unfair labour practice.

6.11 In respect of any form of Industrial action, 360 Human Capital Solutions does not accept liability for any form of damages or liability of any nature
whatsoever.

6.12 In respect of making decisions regarding how to react to an adverse award or judgement, the parties agree that a joint committee comprising of
the managing executives of either party (or their nominated representatives), together with their chosen advisors will be established within one
week of an award or judgment being handed down. The aforementioned committee will endeavour to reach consensus on the appropriate way of
dealing with and/or reacting to the award/judgement. In the event that no consensus is reached within three weeks of the award/judgement being
handed down, the parties shall appoint one of the panel of five persons in the schedule attached hereto, to in any manner that he or she deems
appropriate, review the award/judgment and the circumstances leading to the award/judgement and make a binding ruling in respect of the
appropriate response to the award/judgment. In the event of the parties being unable to agree which panellist to appoint from the attached schedule,
the panellist will be selected in alphabetical order based on their surnames, on a rotational basis.

6.13 In respect of equal treatment, 360 Human Capital Solutions indemnifies the Client in respect of any monetary compensation awarded on condition
that the parties have conducted an analysis of the situation and the nature and extent of compliance with the LRA, and mutual agreement has been
achieved in terms of a model to address this and both parties have signed off on this and adhered to the said model.

EMPLOYMENT EQUITY ACT (EEA)

6.14 In terms of section 57 of the EEA, the Client is liable to comply with Chapter 3 in respect of Affirmative Action. 360 Human Capital Solutions will
support the Client in fulfilling its obligations in this regard by providing the Client appropriate reports, and input at forums.

6.15 Both the Client and 360 Human Capital Solutions are potentially liable for any form of unfair discrimination under section 6(1) of the EEA and the
parties indemnify each other of liability in this regard.

6.16 In terms of section 6(4) of the EEA where there is a provision for equal pay for work of equal value, same refers to employees of the same Client
and hence the Client is liable for these matters.

EMPLOYMENT SERVICES ACT (ESA)

6.17 360 Human Capital Solutions will be liable for all its obligations under the ESA, including but not limited to maintaining records and reporting to
the Department of Labour and/ or the Employment Services Board. Additional 360 Human Capital Solutions obligations will include the proper
registration and accreditation under the ESA.

BARGAINING COUNCIL AGREEMENTS, SECTORAL DETERMINATIONS AND THE BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)

6.18 In this regard section 198(4) of the LRA places joint and several of liability on the Parties for breaches of provisions in any of these agreements/
statutes. 360 Human Capital Solutions indemnifies the Client in respect of any monetary award in this regard on condition that 360 Human Capital
Solutions is afforded the opportunity to comply with the necessary provisions.

7. EMPLOYMENT OF EMPLOYEES

7.1 If an employee/s supplied by 360 Human Capital Solutions to the Client, is subsequently employed by the Client on a temporary or permanent
basis, or if the Client introduces an employee to a third person who so employs that employee on a permanent or temporary basis, whether during
the temporary assignment or within a period of twelve (12) months from the date of termination of the temporary assignment, the Client shall pay
to 360 Human Capital Solutions a permanent placement fee in terms of 360 Human Capital Solutions’s standard placement rates. The Client shall
pay such placement fee if it decides to employ an employee permanently in consequence of any law or collective agreement.

8. CONTRACT PLACEMENTS

8.1 Should the Client wish to take the employee into its own employ on a fixed term contract, the contract placement fee will be calculated at 20% of
the employee’s monthly salary multiplied by the number of months of the fixed term contract. The employee then becomes the Client’s employee
and the Client must pay the employee directly.

8.2 Should the fixed term contract be extended, an additional contract placement fee will be invoiced by 360 Human Capital Solutions and calculated
as above.

8.3 Should the Client wish to employ the employee/s permanently, a placement fee, as calculated according to the agreed scales, will be invoiced to
the Client by 360 Human Capital Solutions.

9. DISCIPLINARY CODE AND PROCEDURE

9.1 The Client shall make 360 Human Capital Solutions employee/s aware of the Client’s Disciplinary Code and Procedures. In the event of (an)
employee/s acting in contravention of the Client’s Disciplinary Code, the Client undertakes to advise 360 Human Capital Solutions immediately.
360 Human Capital Solutions will be responsible for instituting disciplinary action against the employee/s in terms of the Client’s disciplinary
code and procedure, and the Client undertakes to co-operate to whatever extent may reasonably be required by 360 Human Capital Solutions.

10. REPLACEMENT

10.1 360 Human Capital Solutions shall be entitled to replace any employee/s with another with comparable qualifications at any time with prior notice
to the Client of 1 (one) week, unless otherwise agreed.

11. TERMINATION OF THIS CONTRACT

11.1 Either party giving the other party four (4) weeks’ notice may terminate this contract.

12. DISPUTES

12.1 Save as otherwise specifically provided elsewhere in this agreement, should any dispute be declared by either party arising out of or pursuant to
this agreement, its termination, or cancellation, the parties shall endeavour to resolve the dispute in terms of clause 6.

12.2 Either party may notify the other party that intends to refer any dispute which may arise between the parties with reference to this agreement or the
construction thereof or any matter contained therein or arising out of this agreement to arbitration in terms of the Arbitration Act of 1965.

12.3 If the dispute is not resolved by such arbitration, both parties agree that this agreement shall be governed by the laws of the Republic of South
Africa and the parties consent to the jurisdiction of a South African Court. It is recorded that 360 Human Capital Solutions shall be entitled to claim
legal costs on an attorney and own Client scale.

12.4 Both parties consent to the jurisdiction of the Magistrates Court notwithstanding the fact that the amount in dispute might be in excess of the
Magistrates Court jurisdiction.

12.5 Any relaxation or indulgence granted by either party shall not be constructed as a waiver or renunciation of its rights by either party in terms of the
agreement between the parties and shall further not be construed as a novation of either party’s rights.

12.6 Notwithstanding anything to the contrary contained in this agreement, either party shall be entitled to apply for, and if successful, be granted an
interdict from any competent court having jurisdiction.

Signed on behalf of the Client
who warrants his/her authority

________________________ __________________ _____________ _________________
Witness
Name Signed Date
_________________
Signed on behalf 360 Human Witness
Capital Solutions

________________________ __________________ _____________

Name Signed Date

COMPANY INFORMATION (Please Print Clearly) EMAIL:
DESIGNATION:
COMPANY NAME: PHYSICAL ADDRESS:
CONTACT PERSON:
POSTAL ADDRESS:

TEL NO: FAX NO:

CO. REG NO: VAT NO:

ACC CONTACT: EMAIL:

PLEASE PROVIDE DETAILS OF 2 TRADE REFERENCES:

SUPPLIER NAME:

TEL NO:

SUPPLIER NAME:

TEL NO:

I HEREBY GIVE 360 Human Capital Solutions AUTHORISATION TO ENQUIRE THROUGH ITC ON THE HISTORY AND STATUS OF THE ABOVE-NAMED
COMPANY

SIGNED: PRINT FULL NAME

DESIGNATION:

Please attach copies of the following documents to the account requisition form:
1. Copy of latest CM29 form (Register of Directors)
2. Copy of CM1 (Certificate of Incorporation)
3. Copy of CM22 (Notice of Registered Office & Postal Address)

HEAD OFFICE USE ONLY TEMPORARY: REGIONAL
PERM: ACCOUNT EXECUTIVE:
CONSULTANT: NATIONAL
ENTERED BY: DATE:
ITC CHECK #:
APPROVED: NAME

BRANCH / AREA MANAGER

REGIONAL CONTROLLER NAME

REGIONAL MANAGER NAME