Terms & Conditions

Terms and Conditions for SKILLHARVEST LIMITED

 

Last Updated: [June 18, 2025]

Please read these Terms and Conditions (“Terms”) carefully before using the services provided by SKILLHARVEST LIMITED (“SKILLHARVEST,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

 

1. Definitions

 

  • “Applicant/Candidate”: An individual seeking employment or career opportunities through SKILLHARVEST.

  • “Client/Employer”: An individual, company, or organization seeking to recruit talent through SKILLHARVEST.

  • “Services”: The recruitment, placement, consulting, and related services provided by SKILLHARVEST to Clients and Candidates.

  • “Engagement”: The acceptance by a Candidate of an offer of employment or any form of engagement (e.g., permanent, temporary, contract, consultancy, partnership) with a Client introduced by SKILLHARVEST.

  • “Introduction”: The act of SKILLHARVEST providing a Client with a Candidate’s details (e.g., CV, profile, or any form of communication) or arranging an interview or meeting.

  • “Website”: The official website of SKILLHARVEST LIMITED.

  • “Personal Data”: Any information relating to an identified or identifiable natural person, as defined by applicable data protection laws (e.g., Kenya Data Protection Act, GDPR).

2. General Provisions

 

2.1 These Terms constitute a legally binding agreement between SKILLHARVEST LIMITED and its Clients/Employers and Applicants/Candidates for the provision of Services. 2.2 SKILLHARVEST acts as an employment agency for permanent placements and an employment business for temporary placements, as defined by relevant Kenyan and international regulations. 2.3 By using our Services, all parties acknowledge and agree to these Terms. Specific service agreements or contracts may supersede or supplement these general terms. 2.4 SKILLHARVEST reserves the right to amend these Terms at any time. Any changes will be posted on our Website and become effective immediately upon posting. Your continued use of our Services constitutes acceptance of the updated Terms.

 

3. For Applicants/Candidates

 

3.1 Registration and Information Accuracy: * By registering with SKILLHARVEST, you confirm that all information provided (including CVs, qualifications, references, and personal details) is accurate, complete, and truthful to the best of your knowledge. * You agree to promptly update us on any changes to your information or employment status. * Providing false or misleading information may result in the termination of our Services to you and may have legal consequences. 3.2 Consent to Data Processing & Sharing: * You explicitly consent to SKILLHARVEST collecting, processing, storing, and sharing your Personal Data with potential Clients for recruitment purposes, as outlined in our Privacy Policy. * This includes but is not limited to your name, contact details, employment history, qualifications, and any other relevant information required for assessing your suitability for roles. * You acknowledge that your data may be transferred internationally to Clients where necessary for global job placements, provided adequate data protection safeguards are in place as per our Privacy Policy and applicable laws. * You have the right to withdraw your consent at any time, request access to, rectification, or erasure of your Personal Data, subject to legal obligations. 3.3 No Guarantee of Placement: * SKILLHARVEST makes no guarantee of employment or placement. We endeavor to find suitable opportunities based on your profile and market demand. 3.4 Confidentiality: * You agree to keep confidential all information regarding potential Clients, job opportunities, and recruitment processes shared by SKILLHARVEST. 3.5 Fees to Candidates: * SKILLHARVEST LIMITED operates a “no fee to candidate” policy for permanent placements. Candidates will not be charged directly for our recruitment services for permanent roles. * For specific temporary or contract roles, or specialized services (e.g., career coaching, CV writing), any applicable fees will be clearly communicated and agreed upon in advance through a separate written agreement. 3.6 Engagement with Clients: * If you accept an Engagement with a Client introduced by SKILLHARVEST, you agree to inform us immediately of the details of such Engagement.

 

4. For Clients/Employers

 

4.1 Information Accuracy: * You agree to provide SKILLHARVEST with accurate and complete information regarding the vacancy, job description, required qualifications, remuneration, and any other terms and conditions of employment. * You agree to notify SKILLHARVEST immediately if a Candidate introduced by us is engaged by you in any capacity, whether directly or indirectly, within [e.g., 12 months] of the Introduction. 4.2 Introduction Fees: * Fees for our Services will be agreed upon in a separate written Service Agreement or Contract, typically based on a percentage of the Candidate’s annual remuneration or a fixed fee, payable upon Engagement. * Unless otherwise agreed, our standard payment terms are [e.g., 14 or 30] days from the date of invoice. * If a Candidate introduced by SKILLHARVEST is engaged by you within [e.g., 12 months] of the Introduction, the agreed-upon fee will be applicable, regardless of whether the Engagement is for the original role or a different one. * If a Client refers a Candidate introduced by SKILLHARVEST to another party who subsequently engages the Candidate, the Client may be liable for the full fee. 4.3 Refunds and Replacements (for Permanent Placements): * Specific refund or replacement policies will be detailed in your individual Service Agreement. These typically apply if a Candidate’s employment is terminated within a specified probationary period (e.g., 1-3 months) and are conditional upon timely payment of our fees. 4.4 Client Responsibilities: * The Client is solely responsible for verifying the accuracy of all information provided by Candidates (including references, qualifications, and right to work), conducting background checks, and ensuring the suitability of any Candidate for the role. * The Client is responsible for complying with all applicable labor laws, employment regulations, and tax obligations in the jurisdiction of employment (e.g., Kenya labor laws, international labor standards). * The Client is responsible for obtaining any necessary permits, licenses, or visas required for the employment of a Candidate, especially for international placements. 4.5 Confidentiality: * You agree to treat all Candidate information provided by SKILLHARVEST as strictly confidential and use it solely for the purpose of evaluating the Candidate for a specific role.

 

5. Data Protection and Privacy

 

5.1 SKILLHARVEST is committed to protecting the privacy and security of Personal Data. Our data processing activities comply with the Kenya Data Protection Act, 2019, and where applicable, the EU General Data Protection Regulation (GDPR) and other relevant international data privacy laws. 5.2 Our comprehensive Privacy Policy, available on our Website, details how we collect, use, store, protect, and share Personal Data, as well as the rights of data subjects. By using our Services, you agree to the terms of our Privacy Policy. 5.3 We implement appropriate technical and organizational measures to safeguard Personal Data against unauthorized access, disclosure, alteration, or destruction. 5.4 For international data transfers, we ensure that adequate safeguards are in place, such as relying on adequacy decisions, standard contractual clauses, or explicit consent, as required by law.

 

6. Limitation of Liability

 

6.1 SKILLHARVEST exercises reasonable care and skill in providing its Services. However, we shall not be liable for any loss, damage, expense, or delay incurred by any Client or Candidate arising from: * Any inaccuracy or incompleteness of information provided by a Candidate or Client. * The failure of a Candidate to accept an offer of employment, or the termination of employment by either party. * Any acts, omissions, or misconduct of a Candidate once engaged by a Client. * Any failure by a Client to comply with applicable employment laws or regulations. 6.2 In no event shall SKILLHARVEST be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, even if advised of the possibility of such damages. 6.3 Our total aggregate liability to any Client or Candidate for any claim arising out of or in connection with these Terms or the Services shall not exceed the fees paid to SKILLHARVEST in the twelve (12) months preceding the event giving rise to the claim.

 

7. Indemnification

 

7.1 Clients and Candidates agree to indemnify and hold harmless SKILLHARVEST LIMITED, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with: * Any breach of these Terms by the Client or Candidate. * Any misrepresentation or inaccurate information provided by the Client or Candidate. * Any claim arising from the employment or engagement of a Candidate by a Client.

 

8. Governing Law and Dispute Resolution

 

8.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Kenya. 8.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Nairobi, Kenya, in accordance with the Arbitration Act 1995 (as amended) of the Laws of Kenya, or any statutory modification or re-enactment thereof for the time being in force. The language of the arbitration shall be English.

 

9. Severability

 

9.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

10. Entire Agreement

 

10.1 These Terms, together with any specific Service Agreements or Privacy Policy, constitute the entire agreement between SKILLHARVEST LIMITED and the Client/Candidate regarding the Services, superseding all prior communications, agreements, or understandings, whether written or oral.

[SKILLHARVEST LIMITED Contact Information – e.g., for inquiries regarding these terms]

info@skillharvestltd.com

+254701133405

COUNTY: NAIROBI, DISTRICT: STAREHE DISTRICT ,
LOCALITY: CBD
STREET: MOKTAR DADDAH STREET, BUILDING:
MONROVIA BUILDING Kenya.