Please read the Service Provider Terms and Conditions below before submitting your application.
SERVICE PROVIDER TERMS AND CONDITIONS
GCR International PTY Ltd.
These General and Special Terms and Conditions (“Terms and Conditions”) relate to Service providers made available on an assignment basis to carry out activities in, including but not limited to, Construction, Engineering, Mining, Earthmoving and Dredging industries by the following company:
• GCR International PTY Ltd.
27 Wallaby Road, Kromdraai, Witbank, 1034, South Africa
Registration No: 2026/077205/07
1: Definitions
The following definitions will apply to these Terms and Conditions:
1.1: GCR: the company indicated above, which makes or may make, Service provider available to Client to carry out work for Client.
1.2: Service provider: any natural person or legal entity that carries out or is going to carry out work for Client due to or through the mediation of GCR.
1.3: Client: any natural person or legal entity that is provided with Service provider due to or through the mediation of GCR.
1.4: Assignment: a request, application or other communication with the object of achieving a contract between GCR and Client, based on which Service provider carry out, or will carry out, work on behalf of Client. Where placement and secondment are concerned, this will be achieved through the agency of GCR.
1.5: Contract: the Contract between GCR and Service provider, under which contract Service provider will carry out work for Client due to or through the mediation of GCR.
1.6: Rate: The payment (per hour, day or fixed period) due to Service provider by GCR for work carried out by Service provider for Client through the agency of GCR. Except where agreed otherwise in writing, this payment will exclude travel, accommodation and food expenses/allowance.
1.7: Service provider: This is a fixed term placement of service provided for more than 21 days and less than 89 days, providing flexible support requirements on a fixed term as agreed upon.
2. Applicability
2.1: These Terms and Conditions must apply to all proposals, quotations, and offers issued by GCR, as well as to all agreements concluded between GCR and the Client in respect of the provision of Service provider. This includes all services performed pursuant to such agreements, regardless of their nature, except to the extent that the parties have expressly agreed otherwise in writing.
2.2: By entering into an agreement governed by these Terms and Conditions, the Client will be deemed to have accepted their applicability to all subsequent agreements concluded with GCR, unless otherwise expressly agreed in writing.
2.3: All quotations and offers issued by GCR, irrespective of the form or method of communication unless in writing, will be non-binding and subject to withdrawal or amendment at any time prior to acceptance.
2.4: If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable under any applicable law, such provision must be severed, and the remaining provisions will remain in full force and effect. The parties will, in good faith, negotiate a valid replacement provision that most closely reflects the original intent and commercial purpose of the invalid or unenforceable provision.
3. Contract Formation and Validity
3.1: A Contract will only become valid and binding upon written confirmation by GCR. No oral agreements, representations, or conduct will give rise to any binding obligation unless reduced to writing and duly authorised by GCR.
3.2: Nothing in this agreement will be constructed as creating an employment relationship, partnership or joint venture between GCR and the service provider. Service provider acts and operates as an independent sole prop retaining full control over the manner and means of performing the services subject only to:
• The agreed scope of work
• The operational, safety and compliance requirements of the client.
• Service provider is not entitled to any employment benefits, including but not limited to leave, pension, medical aid, or employment insurance.
3.3: No undertakings, warranties, representations, or promises will be binding unless expressly recorded in the Contract. Any amendment, variation, or addition to the Contract will be of no force or effect unless agreed to in writing and signed by duly authorised representatives of both parties.
3.4: The Contract will terminate automatically in accordance with its terms or by operation of applicable law, including as provided for in any agreement between GCR and the Service provider, where relevant.
3.5: GCR reserves the absolute and unfettered right, in its sole discretion, to accept or reject any proposed Contract, in whole or in part, without incurring any liability.
4. Assignments and Engagement of Service provider
4.1: Where Service provider are engaged in the practice of their profession or business through GCR, such Service provider may be made available to a Client for the purpose of performing work pursuant to a specific assignment (“Assignment”) issued by the Client to GCR.
4.2: GCR will use reasonable endeavours to source and secure suitable Service provider for Clients, having regard to their qualifications, experience, and availability.
4.3: GCR does not guarantee the availability, continuity, or volume of Assignments. In the event that GCR is unable to secure suitable Assignments for Service provider, GCR will not be liable for any loss, damage, or absence of work arising therefrom. Service provider acknowledge and accept that periods may occur during which no Assignments are available.
4.4: Service provider must have no obligation to accept any Assignment offered by GCR.
4.5: Upon acceptance of an Assignment by Service provider, GCR will issue a written contract governing such Assignment, which will, to the extent reasonably practicable, include details of the assignment duration, the identity of the Client, applicable remuneration, and any other relevant terms and conditions.
5. Timesheets of service hours provided
5.1: At the end of each applicable reporting period (being one (1), two (2), four (4) weeks, or one (1) calendar month, as specified in the Contract), or upon completion of an Assignment where such Assignment is of shorter duration, Service provider must submit fully completed and accurate timesheets to GCR via the designated online portal at https://www.gcrinternational.com. All timesheets must be duly verified and signed by an authorized representative of the Client and must clearly reflect the actual hours worked by the Service provider during the relevant period.
5.2: Submission of a compliant timesheet in accordance with Clause 5.1 must be a strict condition precedent to any payment obligation by GCR. GCR will have no obligation to process or make any payment to Service provider in the absence of such duly completed, verified, and submitted timesheet.
6. Incapacity for Work
6.1: Service provider who are unable to perform their duties due to incapacity for work (including, but not limited to, illness, injury, or any other cause) must notify GCR as soon as reasonably practicable, and in any event no later than 09:30 (local time) on the first day of such incapacity. Service provider will simultaneously notify the Client at the commencement of the scheduled shift, in accordance with the Client’s applicable reporting procedures.
6.2: The notification obligation in clause 6.1 will apply unless Service provider are prevented from doing so by circumstances beyond their reasonable control, in which case notification must be made at the earliest possible opportunity thereafter.
7. Confidentiality and Processing of Personal Data
7.1: Service provider must, both during the term of their engagement and thereafter, maintain strict confidentiality and will not, without the prior written consent of GCR, disclose, use, or permit the use of any confidential information, data, or particulars relating to GCR, its affiliated entities, the Client, or any Contract. This obligation applies to all information, whether oral, written, electronic, or in any other form, and regardless of whether such information is expressly designated as confidential.
7.2: Service providers acknowledge that all confidential information remains the property of GCR and/or the relevant Client and will be used solely for the purpose of fulfilling their obligations under the applicable Contract.
7.3: GCR will process personal data in accordance with the provisions of the Protection of Personal Information Act, 2013 (“POPIA”), including any regulations promulgated thereunder. Service providers consent to such processing to the extent necessary for the performance of the Contract and compliance with legal obligations. Further details are available in GCR’s data protection and privacy policies, accessible via its official website.
7.4: Service providers have the right to object, on reasonable grounds, to the processing of their personal data, including the use of electronic contact information for direct communication purposes. Any such objection must be submitted in writing to GCR, and GCR will consider and address such objection in accordance with applicable law.
7.5: Upon termination of the engagement, or upon request by GCR, Service providers will promptly return or securely destroy (at GCR’s discretion) all confidential information and any copies thereof in their possession or control.
8. Personal Protective Equipment, Occupational Health and Safety Compliance, and Operational Requirements
8.1: Service providers must comply with all provisions contained in the document titled, instructions for service providers for GCR provided together with the Contract where applicable. Service providers will always conduct themselves in a professional and responsible manner consistent with applicable industry standards and statutory obligations.
8.2: Service providers must comply with all applicable health and safety laws and regulations, including but not limited to all site-specific health, safety, environmental, and operational rules prescribed by the Client.
Service providers must, in accordance with OHSA duties placed on service providers, take reasonable care for their own health and safety and that of others who may be affected by their acts or omissions. Service providers will further obey all lawful safety instructions and procedures issued by GCR and/or the Client.
Service providers are required to provide and maintain, at their own cost unless otherwise agreed in writing, the minimum Personal Protective Equipment (“PPE”), including but not limited to safety boots, protective overalls, and a safety helmet, as required by applicable regulations and site-specific risk assessments.
Where Service providers fail to maintain the required PPE, GCR may, at its discretion, supply such PPE subject to a deposit or recovery of costs, unless otherwise agreed in writing. Should Service providers be refused access to or removed from site due to non-compliance with PPE or safety requirements, all resultant costs, including transport and accommodation, will be for the account of Service providers and may be deducted from remuneration to the extent permitted by law.
8.3: Service providers must attend, participate in, and comply with all mandatory health and safety training, inductions, medical examinations, and risk assessments required by the Client, prior to commencing work and as required during the Assignment. Service providers will not commence work until declared fit for duty where such requirement applies.
8.4: GCR reserves the right to assign Service providers to different Clients, provided that such assignments are consistent with the nature of the work agreed in the Contract and do not contravene applicable labour legislation, including the Basic Conditions of Employment Act 75 of 1997.
8.5: Service providers may be required, where reasonably necessary for operational purposes, to perform work outside their specific job description, provided such work is lawful, within their competence, and does not expose them to undue or uncontrolled risk, in line with OHSA principles.
8.6: In emergency or high-risk situations, including but not limited to security threats, civil unrest, or environmental hazards, GCR and/or the Client may implement precautionary or emergency measures in accordance with OHSA requirements. Service providers will comply with all such lawful instructions issued in the interest of health and safety.
8.7: While Service providers remain contracted by GCR, the Client will, for the duration of any Assignment, be responsibility for workplace supervision and for maintaining, as far as reasonably practicable, a working environment that is safe and without risk to health, in accordance with OHSA obligations applicable to employers and persons in control of workplaces.
8.8: Service providers will not be subcontracted, reassigned, or made available to any third party by the Client without the prior written consent of GCR. Service providers will not accept any such arrangement without GCR’s prior written approval.
8.9: Service providers will immediately notify GCR in writing of any proposed or actual change in workplace location, including changes in site, region, or country, particularly where such change may impact applicable health and safety requirements, legal jurisdiction, or risk exposure.
9: Termination
9.1: If either party fails to fulfil any obligation arising from the Contract, the other party will be entitled—without prejudice to any other rights contained in the Contract—to terminate the Contract extra judicially by written notice. Such termination must only take effect after the defaulting party has been notified in writing of the breach and has been afforded a reasonable period to remedy such breach.
9.2: If, at the time of termination, Service providers has received payment in advance of performance under the Contract, termination will, where applicable, only apply to the portion of the Contract that remains unperformed or unpaid.
9.3: Any amounts due to Service providers prior to termination, in respect of work already performed under the Contract, will remain payable in full by GCR.
9.4: If Service providers fails to fulfil any obligation arising from the Contract and fails to remedy such failure within the period provided after written notice of default, GCR will be entitled to suspend its obligations towards Service provider/s, without incurring any liability for compensation arising from such suspension.
10: Liability
10.1: GCR will not be liable for any loss, damage, liability, cost or expense (including consequential or indirect loss) suffered or incurred by the Client or any third party arising from or in connection with the acts or omissions of Service providers, except to the extent that such loss or damage is caused by the gross negligence or wilful misconduct of GCR.
10.2: GCR will not be liable for any obligations, representations, warranties, undertakings or commitments made by Service providers to the Client or to any third party, whether authorised or unauthorised, and the Client indemnifies and holds GCR harmless against any claims arising therefrom.
10.3: GCR will not be liable for any fines, penalties, claims or liabilities imposed on Service providers or the Client arising from Service provider’s failure to comply with their obligations under these Terms and Conditions, including but not limited to Clause 11.
10.4: GCR will not be liable for any loss, damage, penalties or claims arising from any cyber-security incident, including any data breach, caused by the acts or omissions of Service providers, except where such incident is directly attributable to the gross negligence or wilful misconduct of GCR.
10.5: To the fullest extent permitted by law, the Client indemnifies and holds GCR harmless against any and all claims, losses, damages, liabilities, costs and expenses arising from or in connection with: (a) the conduct of Service providers while under the supervision or control of the Client; (b) the Client’s failure to comply with applicable laws, including but not limited to health and safety, labour, and data protection laws; and (c) any instructions given by the Client to Service provider/s.
11: Obligations
11.1: Service provider/s agree to perform work, including shift work, as may reasonably be required by the Client, subject at all times to the provisions of applicable legislation governing working hours and rest periods.
11.2: Service providers will exercise due care, skill, and diligence in the use, handling, and safekeeping of all machinery, equipment, and materials entrusted to them.
11.3: The conclusion and continuation of this Contract are subject to Personnel being medically fit for duty, where required by law or the nature of the work, and to the possession of valid medical certificates and vaccination records where applicable.
11.4: Service providers warrant that they are medically and physically fit to perform the duties required and must disclose any condition that may reasonably affect their ability to perform such duties safely, in accordance with applicable law. If any such information was withheld from GCR there will be no compensation payable to the service provider and his/her assignment will be terminated with immediate effect.
11.5: Upon termination of employment, for any reason, Service providers must immediately return to GCR all property, documents, equipment, and materials provided to them during their agreement.
11.6: Service providers must maintain a valid sole-prop bank account into which GCR may deposit payments due.
11.7: Service providers will not request or accept cash advances, credit, or goods (including “bonded stores”) from the Client or any third party in connection with the Assignment, unless expressly authorised in writing by GCR.
12: Health Insurance
12.1: Unless otherwise agreed in writing by GCR, the service providers will be solely responsible for ensuring that they have adequate medical cover for any healthcare expenses incurred, or likely to be incurred, in the country in which they are working. Such cover may include membership of a registered medical scheme or appropriate health insurance, as applicable.
12.2: GCR will not be liable for any medical expenses, hospitalisation costs, or related healthcare charges incurred by the Service provider/s, unless expressly agreed otherwise in writing.
13: Force Majeure
13.1: A Force Majeure event means any circumstance beyond the reasonable control of GCR which prevents or delays the performance of any of its obligations under the Contract, and which could not reasonably have been foreseen, avoided, or overcome, and which is not attributable to GCR in accordance with applicable law or the principles of reasonableness and fairness. Without limiting the generality of the foregoing, Force Majeure includes, but is not limited to: industrial action (including strikes, lockouts, and sit-ins), civil commotion, riots, war, terrorism, embargoes, government actions or restrictions, power outages (including load shedding), failures in telecommunications or electronic systems, fire, explosions, natural disasters (including floods and earthquakes), and widespread illness of an epidemic or pandemic nature affecting the Service providers.
13.2: GCR must notify the Service providers in writing as soon as reasonably practicable after becoming aware of a Force Majeure event and its anticipated impact on the performance of the Contract.
13.3: The obligations of GCR affected by the Force Majeure event will be suspended for the duration of such event. Obligations that are not affected by the Force Majeure event, and which arose prior to its occurrence, will remain enforceable.
13.4: If the Force Majeure event continues for a continuous period of three (3) months, or if it becomes reasonably certain that it will continue for such period, either party may terminate the Contract on written notice, without liability for such termination. In such event, GCR will remain liable to pay all amounts lawfully due to Service providers in respect of services rendered prior to the commencement of the Force Majeure event.
13.5: To the extent permitted by applicable law, GCR will not be liable for any loss or damage suffered by Service providers as a result of a Force Majeure event, nor for any consequences arising from the termination of the Contract in accordance with clause 13.4.
14: Prohibited Conduct
14.1: Service providers will not:
• Act in contravention of any lawful and reasonable instruction, policy, or regulation issued by the Client;
• Breach any applicable legislation or regulatory requirements in the country of Assignment;
• Import, possess, distribute, sell, exchange, or otherwise deal in any weapons or ammunition of any kind, except where expressly authorised by law and approved in writing by the Client;
• Possess, use, manufacture, import, distribute, sell, or exchange any illegal drugs or controlled substances;
• Possess, consume, or be under the influence of alcohol or drugs during working hours, or outside working hours where such condition may reasonably impair performance, safety, or the interests of the Client;
• Engage in any political activities that are unlawful or prohibited in the country of employment;
• Conduct any private business activity for personal gain without the prior written consent of the Client.
14.2: Service providers will:
• Refrain from any conduct that may reasonably be expected to harm the reputation, operations, or interests of the Client, or adversely affect the Client’s relationship with any government, authority, or local community;
• Not operate any motor vehicle unless in possession of a valid driver’s licence recognised in the country of employment and covered by appropriate insurance for statutory liability, as approved by the Client.
14.3: Service providers acknowledge and agree that the Client may, subject to applicable law, require drug and/or alcohol testing prior to commencement of duties and, where reasonable, during the course of engagement.
14.4: Any breach of this clause may constitute misconduct and may result in disciplinary action, up to and including summary end the agreement, in accordance with applicable labour laws and fair procedure requirements. Service providers will be liable for any loss or damage arising from such breach, to the extent permitted by law.
15: Direct Employment Relationship
15.1: Service providers will not, without the prior written consent of GCR, directly or indirectly, whether for remuneration or otherwise, enter into or be engaged in any employment, subcontractor, service provider, consultancy, or other contractual relationship with the Client and/or any entity affiliated with the Client during the term of this Agreement and for a period of six (6) months thereafter, whether in their own capacity or through any third party or intermediary.. If GCR can’t supply any assignment within 90 days of your previous assignment end date clause 15.1 will not be applicable.
15.2: Service providers must notify GCR in writing of any intention to enter into a direct or indirect employment relationship with the Client prior to taking any steps toward such engagement. Service providers will further request written confirmation from GCR regarding the earliest date on which the Contract may be lawfully terminated.
15.3: Service providers warrant that any Contract with GCR will be terminated in accordance with applicable legal requirements prior to entering into any employment, subcontractor, service provider, consultancy or contractual relationship with the Client. Service providers will not enter into such a relationship unless and until the Contract has been validly and effectively terminated.
15.4: For the purposes of this clause, a “direct service provider” includes any engagement with the Client facilitated through one or more intermediaries, agents, or third parties.
15.5: In the event of a breach of clause 15.1, Service provider/s will be liable to pay GCR reasonable compensation for any loss suffered, including but not limited to recruitment costs, loss of revenue, and administrative expenses, as may be determined in accordance with applicable law.
16: Applicable Law and Jurisdiction
16.1: Unless otherwise agreed in writing, all Contracts to which these Terms and Conditions apply must be governed by and construed in accordance with the laws of the Republic of South Africa.
16.2: Unless otherwise agreed in writing, any dispute arising out of or in connection with any Contract to which these Terms and Conditions apply must be subject to the exclusive jurisdiction of the competent courts of the Republic of South Africa.
17: Amendment of Terms and Conditions
17.1: GCR reserves the right to amend these Terms and Conditions unilaterally.
17.2: Any such amendments will become effective only after notification has been provided to Service providers in writing.
18: Payments
18.1: Payments to Service providers will be calculated based on the Rate specified in the Contract between GCR and Service provider/s. The Contract will also set out any applicable remuneration for overtime. Remuneration payments will be made in accordance with the applicable payment scheme.
19: Term of the Contract
19.1 The Contract will be entered into for a definite period and will commence on the date of departure of Service provider/s to the location where the services are to be rendered to the Client.
19.2 Where permitted by applicable law, the first month of the Contract will constitute a probationary period. During this period, either GCR or Service provider may terminate the Contract with immediate effect, without notice and without cause.
19.3 The Contract will remain in force for the duration of the work as specified therein and will terminate automatically upon the earliest of:
• Upon Service providers reaching the statutory retirement age, as prescribed by applicable law.
• Completion of the assigned duties;
• Cessation or termination of the project or Instruction by the Client; or
• The agreed end date.
19.4 Service providers will not be entitled to derive any rights or claims from the estimated duration of the Contract.
19.5 Subject to the provisions of this Contract, either party may terminate the Contract prior to its natural expiry by giving written notice in accordance with the applicable notice period, unless otherwise expressly provided in this Contract.
19.6 Notwithstanding the above, the Contract may be terminated immediately, without notice, in the event of:
• a material breach by either party; or
• Circumstances rendering continued performance of the Contract impossible or impracticable.
19.7 The Contract will terminate automatically and with immediate effect, by operation of law, in the event that either party:
• is declared bankrupt or insolvent;
• applies for or is granted a moratorium on payments;
• becomes subject to any similar legal restriction affecting its legal capacity;
• proposes or enters into any arrangement with its creditors;
• enters into liquidation; or
20: Civil Status – Changes
20.1. Service providers must promptly notify GCR in writing of any changes to their civil status, family composition, and/or residential address. Where Service provider/s relocate or cease residency in their country of origin (including deregistration), such change must be communicated to GCR without delay.
20.2. Service provider will inform GCR in writing of any intention to marry, providing reasonable prior notice before the intended date of marriage.
20.3. No rights or entitlements may be derived automatically from changes in civil status, including marriage, divorce, or legal separation, where such changes would result in additional obligations or liabilities for GCR, unless expressly agreed to in writing by GCR.
21: Travel Expenses and Luggage Arrangements
21.1. Any travel tickets issued by GCR or the Client will remain the property of GCR or the Client and may not be sold, transferred, or exchanged for cash or other tickets by Service provider.
21.2. The maximum luggage allowance will be specified on the travel ticket. Any costs incurred due to excess luggage will be borne by Service provider, unless such excess luggage is transported at the request of, or on behalf of, GCR.
21.3. The costs of required vaccinations for travel and entry into the country of employment will be borne by GCR or the Client. Service providers will be responsible for all costs related to passports, seaman’s books, and any required medical or administrative examinations.
21.4. GCR will not be liable for any theft, loss, or damage to the personal belongings of any Service provider.
22: Repatriation Insurance
22.1. Client has taken out insurance to cover the costs of repatriating the Service provider to their country of residence in the event of serious illness, accident, and/or death. Repatriation will be carried out in accordance with the applicable policy conditions. This insurance applies exclusively to work performed outside the country of residence. The insurance premium will be borne by GCR/Client in accordance with the policy conditions.
22.2. The repatriation insurance includes accident insurance. Service providers may request a copy of the applicable policy conditions from GCR.
22.3. All accidents must be reported to GCR as soon as reasonably possible.
23: Carrying out work
23.1: Within the context of the Assignment, Service providers will carry out their work at their own discretion and independently. Client will only be Service provider able to provide instructions on implementation of the Assignment in outline. Service providers will be responsible for any damage or loss sustained because of their own actions.
23.2: Service providers will be able to arrange performance of the Assignment entirely or in part by a third party when they have notified GCR of this in advance. GCR will only be able to refuse a third party if that third party does not comply with objective criteria agreed on between the parties, which criteria will include education and experience.
23.3: If work is carried out by a third party, GCR will be able to order compliance of Service providers in relation to performance of the Contract by that third party and possibly claim damages. Service provider in question will continue to be responsible for correct performance of the Instruction, as if Service provider had performed the Instruction in question themselves.
24: Payments
24.1: Remuneration payable to Service providers will be calculated based on the Rate specified in the Contract between GCR and Service provider. The Contract will also specify any applicable payments for overtime and travel expenses.
24.2: GCR will issue a statement of earnings to Service providers for services performed, following submission of worked hours by Service providers via the GCR portal. Service providers will be responsible for uploading duly signed and approved timesheets, as well as any applicable travel expense documentation, for the relevant period. Each statement of earnings and service provider’s invoices must comply with all applicable legal requirements. Service providers will remain responsible for verifying the accuracy of the statement of earnings issued by GCR. Any discrepancies must be reported to GCR in writing within three (3) days of receipt. Where applicable, GCR will issue a corrected statement of earnings. Service providers will be responsible for the invoice made to GCR. Statement of earnings serves as a supporting document for service provider’s invoicing.
24.3: GCR will generate statement of earnings monthly and will require an invoice from the service provider with matching info and amount due will be made on the 15th day of the following month.
25: Indemnification
25.1: Service providers will indemnify and hold GCR harmless against any additional tax assessments, wage tax liabilities, national insurance contributions, or employee insurance premiums imposed on GCR. Where possible, such amounts may be set off against any remuneration or other payments still due to Service provider/s.
